Fifth Session, 42nd Parliament (2024)
OFFICIAL REPORT
OF DEBATES
(HANSARD)
Thursday, April 25, 2024
Afternoon Sitting
Issue No. 420
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Routine Business | |
Orders of the Day | |
Bill 3 — Budget Measures Implementation Act, 2024 | |
Bill 9 — Miscellaneous Statutes Amendment Act, 2024 | |
Bill 11 — Vancouver Charter Amendment Act, 2024 | |
Bill 13 — Land Title and Property Law Amendment Act, 2024 | |
Bill 15 — Budget Measures Implementation (Residential Property (Short-Term Holding) Profit Tax) Act, 2024 | |
Bill 16 — Housing Statutes Amendment Act, 2024 | |
Bill 17 — Police Amendment Act, 2024 | |
Bill 18 — Vancouver Charter Amendment Act (No. 2), 2024 | |
Bill 19 — Children and Family Development Statutes Amendment Act, 2024 | |
Proceedings in the Douglas Fir Room | |
Proceedings in the Birch Room | |
THURSDAY, APRIL 25, 2024
The House met at 1:01 p.m.
[The Speaker in the chair.]
Routine Business
Introductions by Members
R. Russell: Just very quickly, I want to acknowledge people that I think are online watching to recognize and celebrate Edwin and Mary Findlater, who were celebrating, I guess a week ago or so, their 70th wedding anniversary, which is a pretty remarkable accomplishment.
Welcome them, please.
Orders of the Day
Hon. R. Kahlon: In the main chamber, I call Committee of Supply for Ministry of Housing.
In Douglas Fir Committee Room, I call Committee of the Whole for Bill 17, Police Amendment Act.
In Birch Committee Room, I call Committee of Supply for the Ministry of Energy, Mines and Low Carbon Innovation.
Committee of Supply
ESTIMATES: MINISTRY OF HOUSING
The House in Committee of Supply (Section B); S. Chandra Herbert in the chair.
The committee met at 1:05 p.m.
On Vote 33: ministry operations, $1,033,255,000.
Hon. R. Kahlon: I have some opening comments. I look forward to the exchange.
The opposition critic and I were just chuckling about the critic coming here and me having an entire team being with me, but I am fortunate to have an entire team with me doing some amazing work. And there are others that are watching right now from another room or in different offices.
I want to start by saying a big thank-you to all of them for the work that they do to ensure that people have housing. It’s not easy work; it’s difficult work. I’m really grateful to have so many amazing people supporting the work we’re doing, whether they be in our ministry or at B.C. Housing.
I’ve got with me my deputy minister, Teri Collins. I’ve got Tracy Campbell, the Master of Coin, sitting beside me. Vincent Tong, the CEO of B.C. Housing, is here with me; Meghan Will, my assistant deputy minister for homelessness; and Bindi Sawchuk, the assistant deputy minister for housing policy.
I want to thank them for the amazing work they do every single day, and I look forward to the exchange.
K. Kirkpatrick: If I may make a few opening remarks as well. I would like to thank the ministry staff. I know this is hard work. You never know what’s going to be asked, so you’ve got to be prepared for everything, so I appreciate the time.
I’d like to thank my team on this side of the House as well. I say that with jest because I actually do have a phenomenal group of researchers that help and support me and do their best to try and make me look smart, like I know what I’m talking about, and I really appreciate that.
I know both government and B.C. United, the opposition, want the same things. We want to get to that same place where British Columbians have affordable housing, quality housing, where we’re going to be able to have people come and live and stay here and be able to afford to have a nice, good life, as so many of us have had the honour of having for so many years here in British Columbia.
We have different ways to get there, different roads, and we may take a different direction, but I do know that ultimately, we are trying to get to the same place. We really have a focus on reducing barriers, reducing costs, reducing transaction fees, reducing all those things that are going to make it easier for all of us to get housing built and to provide clarity to British Columbians, to developers, to municipalities in terms of what we need to do and how we need to do it.
I appreciate the opportunity to ask questions, and I will hop into the first question.
What does the minister think of CMHC’s report last year that over 600,000 homes must be built by 2030 to make sure that B.C. is affordable, has affordable housing? Is it a reasonable number, and how on earth is it achievable for us?
Hon. R. Kahlon: Certainly, we pay close attention to any report that comes, whether it’s CMHC or elsewhere, and certainly, the numbers that have been highlighted from CMHC are ambitious. I think the member is very astute when it comes to this topic and understands that not only do we have a challenge ahead of us of how much housing we need; we also are dealing with global inflation, rising interest rates, a whole host of pressures, all at this time. It’s a bit of a perfect storm.
My general view of the targets is that they’re ambitious, and our goal is to ensure, as the member said, shared goals to ensure people have access to housing. So we’re monitoring that report. And of course, there’s a whole host of measures that we brought forward to get us on the path of ensuring we have enough housing for people.
K. Kirkpatrick: We’re going to be asking specific questions in a moment about where we are on each one of the targets that government had set.
A question in terms of trying to find information so that we could ask some of these questions is…. There used to be an affordable housing quarterly that was published. It does not seem to be published anymore. I’m just wondering why that had stopped. It’s the affordable housing quarterly progress reports.
Hon. R. Kahlon: There were changes being made to the website so that we can make that information available. But for the member, we are going to print a copy from the service plan that has all the details laid out.
My staff will print off a copy and bring that over to you.
K. Kirkpatrick: Thank you to the minister.
Was that a replacement for the affordable housing: quarterly progress reports? Are they not going to be…? You’re giving me information that’s in the service plan as opposed to what B.C. Housing was providing previously?
Hon. R. Kahlon: Yeah, the intention is to be having that posted on the site. The information the member is looking for — we’ll get that to you shortly. But the intention is to have it up on the website so people can have access to it.
K. Kirkpatrick: Thank you to the minister.
I’m now going to ask the minister for how the ministry is doing on a set number of targets under the B.C. Housing programs. In previous times that we have met and had these conversations, I believe the minister got back to me in writing afterwards just to make sure I had those right numbers. But I’m very patient today, so I would actually hope that…. I’m very happy to wait to actually get these numbers.
If the minister can provide…. If you’d like me to go through one at a time, or if you’d like me to read the list of the different programs. You already know, I’m sure, what the programs are. If I can look to the minister and he can tell me how I would….
Thank you, through the Chair.
Affordable rental housing, rapid response to homelessness, deepening affordability, community housing fund, women’s transition housing fund, supportive housing fund, Indigenous housing fund, homelessness action plan and the HousingHub.
To clarify, I’d also like these numbers to be what is completed. It’s not what’s in progress, but what is actually completed.
Hon. R. Kahlon: For affordable rental housing, I can tell the member that there are 1,300 units in progress, 679 are complete, and 416 are in active construction.
Rapid response for homelessness, there are 1,894 in progress and 1,894 complete.
The community housing fund, there are 8,957 in progress, 2,585 are complete, and just under 4,000 are under construction.
Women’s transition house funding, there are 1,058 in progress, and 459 are complete.
The Indigenous housing fund, 1,559 are in progress, 623 are complete, and just shy of 600 are under construction right now.
I think the member asked for the HousingHub provincial rental supply as well. There are 5,877 in progress, and 3,679 of them are complete.
K. Kirkpatrick: Thank you to the minister.
Did the minister give me the supportive housing fund numbers? I don’t think I got those.
Hon. R. Kahlon: I thought I did, but I’ll say it again. For the supportive housing fund, there are 4,454 in progress, 2,272 are complete, and just shy of 1,200 are under construction right now.
K. Kirkpatrick: Thank you to the minister.
I’d like to clarify that for the rapid response to homelessness, there are 1,894 complete, which is the exact same number as in last year’s estimates, 1,894 complete.
Hon. R. Kahlon: Correct. That program was completed at that time.
K. Kirkpatrick: Thank you to the minister and staff for that.
According to the Homes for B.C. plan, can the minister explain the methodology behind counting units as underway and how this aligns with physical construction progress actually happening on the ground?
Hon. R. Kahlon: To the member’s question, some are under construction, and some are just in the development phase. So that’s the difference there.
K. Kirkpatrick: I just want to clarify the difference between underway and the development phase. Is underway that shovels are in the ground? What is the minister counting in terms of progress? Is something 25 percent done? Are we coming up on completion? Underway can be a very broad way to describe something.
Hon. R. Kahlon: We use “completed,” “under construction” and “in progress” in the document, if the member is asking about that.
K. Kirkpatrick: How many of the 77,000 units included in the government’s figure are currently complete and habitable? How does this number compare to the total number of units promised, now that we’re 70 percent of the way through, or even more than 70 percent of the way through, the government’s ten-year housing plan?
Hon. R. Kahlon: I can share with the member that we are still on target. I can share with the member that 77,918 would be either complete or under progress, and 47,695 of those are available right now. With the trend line that we’re going on, we will hit our target.
K. Kirkpatrick: The inclusion of units subject to the speculation and vacancy tax in Metro Van and ban on strata rental restrictions in the total figures have been perceived as inflating the actual number of new homes created. I would say it’s inflating it, but certainly the media has flagged it as inflating the numbers. Could the minister itemize which units are newly built versus those made available through policy changes and reclassification of units?
Hon. R. Kahlon: We have been clear. I feel like we are in Groundhog Day, because this is the same conversation we had last year. We had made it clear that our housing plan at that time that was launched was through direct builds, through policy changes, and bringing housing back to the market. We were clear. In fact, the critic at the time from the opposition also verified that in estimates debates, which I believe, last year, I shared with the member.
It’s always been the same, and we continue to remind people that it’s always been the same.
Now, these were targets that were set many years ago. If you look at the new initiatives, whether that’s small-scale, multi-unit, transit-oriented development, the whole host of changes that we debated at great length last session, we will greatly surpass the goals that were set out in that strategy.
K. Kirkpatrick: Thank you to the minister. I will say to the minister that yes, you may get the same questions, because there is, perceivably, progress going forward and some of the answers may be changing over time. You may hear the same questions.
I will also just remind the minister that in 2017, it was: “We will build 114,000 affordable rental, non-profit, co-op and owner-purchase housing units through partnerships over ten years.” So there has been a difference between the word “build” and now including those units that have been really reclassified.
On the number that have been reclassified, can I just ask the minister, how is the ministry validating those numbers that are being given in the progress on housing targets? The ban on strata rental restrictions, for example…. I’ve got the number 2,000 here; I don’t know if that’s still the remaining number. How is the ministry actually tracking that, and what level of assurance can they give British Columbians that those numbers are actually accurate?
Hon. R. Kahlon: I actually went back to our exchange from last year, and the question was the same and the answer was the same. Almost word for word, actually.
I did share with the member then, and I’ll re-emphasize it now, that when we launched the strategy, it was clear that it was new builds, as well as policy changes to bring housing back online. In fact, the critic at that time confirmed in estimates that that was the case, and I did share with the member the Hansard exchange. But I can, again, if it’s needed for the record, read that back into the record.
The question the member had around strata…. If the member can just kind of extrapolate what the member was referring to, that would be great.
K. Kirkpatrick: Thank you to the minister. I’ll leave that first part alone, because we can go back and forth about what “build” means versus these other things. That was probably my colleague here as well.
In the number of the 77,000 — or what I’ve got is just under 75,000, but let’s say it’s 77,000 — I’ve got the number 2,000 as having actually been created as part of that number from the ban on rental restrictions or the removal of the ban on rental restrictions.
What I’m trying to understand is: how are those numbers legitimate? That’s what we were talking about previously. We’re not sure that those numbers are necessarily legitimate and should be included in the success of what government has created, because I don’t understand the metrics or way that that number is come up with — if that number is kind of a guesstimate of what might happen, or if there are hard facts that 2,000 units were actually created from that policy.
Hon. R. Kahlon: I was actually reading our estimates exchange from last year. This question came up. I shared with the member…. The information from the Ministry of Finance was available to us. Approximately 2,900 units were captured by the speculation and vacancy tax because they were not able, at that time, to rent to other people. We had estimated, at that point, around 2,000 of those units.
That’s where the data came from. The answer is still the same as last year.
K. Kirkpatrick: Thank you to the minister. I was asking about the lifting of the ban on rentals. That was the speculation tax. I’ll move on from that.
The reason for asking these questions is…. I just think it’s very difficult to poke at the numbers that government gives in terms of what they’ve actually created because there’s nothing there that you can specifically point to. People rent for all kinds of different reasons, or they don’t rent their units for all kinds of different reasons. If something has the spec tax, it doesn’t necessarily mean that somebody is going to rent it out.
I also, as the minister knows…. I probably said last year. He can tell me if it’s in the estimates last year. There were a significant number of condominiums that moved from not having an age restriction to 55 plus. Where there may be 2,000 units…. If that is, in fact, the number that was created, I would like to know.
I’m not asking him the question. I’m just making the statement that it could actually mean that there was a reduction in rental units that were available for people who were under 55. Again, it’s just really hard to put a pin in how those numbers all came to be.
I’m going to ask some questions on supportive housing. There are a few different themes here. I’m going to ask a question. Interestingly, this question was provided to me by a provider of supportive housing for government. The question is: can the minister please describe what supportive housing is?
Hon. R. Kahlon: Supportive housing is 24-seven supports and services for people experiencing homelessness or at risk of homelessness.
I suspect the member is going to RTA and RTA changes, which many in the sector are talking about. The courts have said to us to put a more clear definition of “transitional housing.” That is work that we’re going to do with the sector so that we’ve got clear definitions on that part. There’s more clarity for the courts and more clarity for the sector.
K. Kirkpatrick: Thank you to the minister. I wasn’t going to ask about the RTA. Since the minister has brought that up, I’ve got other questions with respect to this.
My understanding is that many supportive housing providers have actually come to government and asked for an exclusion for supportive housing from the RTA. One step that was taken, which is a good step, is…. The requirements for notice to enter a suite have been removed so that supportive housing providers can keep people safer and can, probably, save lives. They can have access to the suites to check on people.
What does the minister say to the question about removing supportive housing from the RTA so that housing providers can have a little bit more control, with the sole purpose of that being to keep people safe?
Hon. R. Kahlon: I appreciate the member’s question.
I appreciate the recognition of the importance of ensuring that supportive housing providers can do wellness checks and have guest policies to ensure that people in the building that work there and that live there have a measure of safety. So safety for everyone — for the community, for the people who live there.
This change came directly…. In 2018, the Rental Housing Task Force made a recommendation — our Chair was on that committee — that this be done. We worked with the sector to make this change.
Now, we continue to have conversations with the sector on what more we can do to ensure that there are protections for people living in the sites and protections for people that work there, staff. It’s important to know there need to be some tenant protections for people. We need to ensure that the tenants have some rights. It’s always finding a balance between ensuring the safety of everybody in the community and the workers and also ensuring that these are human beings living in this building who deserve to have a level of rights available to them.
It is a conversation that is ongoing. We felt that these two changes were important for safety, and it was highlighted to us as an important change that needed to be made by the rental task force.
K. Kirkpatrick: Thank you again to the minister.
I’m going to go back to my question about the definition of supportive housing and the minister’s response that it is housing that’s got 24-seven supports.
There are so many complexities in terms of the kinds of needs that people have in supportive housing. I would like the minister to explain the level of care that people in supportive housing require. What, if any, barriers are there to accessing housing in supportive housing for someone?
Please describe what supports are. “Supports” is a very vague reference to something. It could be somebody at a front desk as opposed to a medical professional who’s there to help someone.
Hon. R. Kahlon: I want to put on the record, for the record to show, that Vincent, our CEO of B.C. Housing, has amazing writing. I have to say. Well done.
Examples of support services available are room decluttering, life skills, community information, social programs, education, employment, life skills, case planning, resident needs assessments, assistance with ID and income assistance benefits, two meals per day, 24-hour staffing coverage.
K. Kirkpatrick: Thank you to the minister.
I will note the handwriting and congratulate….
I would like a little bit more on the staffing piece. That’s really where I was pressing. So 24-seven staffing does not answer the question in terms of what is supportive. You may have somebody who is overdosing at two o’clock in the morning, who is psychotic and becoming violent. There are a whole number of things that can happen. They are actually more apt to happen overnight than they are during the day. May I have a breakdown of what those supports are from a human resources perspective?
Hon. R. Kahlon: I recall that we had this conversation last year as well. I believe the MLA for Surrey South asked this question.
We have two FTEs available throughout the day.
K. Kirkpatrick: Thank you to the minister. Can the minister please explain to me what those FTEs are? Is that a social worker? Is it somebody at the front desk? What is the role and function of that staff?
Hon. R. Kahlon: Two FTEs is about six to eight employees. It varies. The skill sets can vary. It can be a social worker. It can be different types of staff. There’s a mix in the building.
K. Kirkpatrick: Thank you to the minister. That is not clear enough in terms of what supportive housing really is. There are so many different levels of support that people need. When we talk about two FTEs, for how many residents is that?
I still would really like to understand. There’s got to be kind of one model that government looks at or B.C. Housing looks at in terms of best practices, the kinds of supports that people need. Who needs to be there with what skill set at two o’clock in the morning? Your ministry’s contracts with the housing providers must detail and set out what these skill sets are.
I really want to understand, and maybe I’m not asking it the right way. But I want to have a picture in my mind in terms of somebody in a supportive housing project contract facility. What are they getting 24-seven in terms of supports? What are the skills that someone has?
Hon. R. Kahlon: It varies from site to site. It varies because, in some areas, the needs…. At some sites, there’s the need, and the complexity is higher. At some sites, it’s less. So that’s why there’s a variance there. That’s why it’s not an exact piece, a cookie-cutter approach to every single site.
All the services that are laid out are what’s available to residents at all our sites. Health care services are available to all people in supportive housing. Those services come in from the Ministry of Health.
K. Kirkpatrick: Thank you to the minister. I appreciate that there was a list provided to me in terms of what the supports are, but helping somebody with…. I don’t know if it’s résumé writing or a job search, some of these different things. That’s not what I’m looking for. I’m looking for when people are in crisis and it’s two o’clock in the morning. Who is it that is there to help and support them? Can it be…?
Actually, perhaps I will give an example. As the minister knows, I have brought up, and will probably read out of last year’s Hansard, the Travelodge in North Vancouver. Let’s just use the Travelodge in North Vancouver as a specific example so I can hear the minister describe what the staffing supports are at the Travelodge contract in North Vancouver.
Hon. R. Kahlon: The member is right. We did have this conversation last year.
The site would have someone at the front desk, and then it could be someone with different skill sets. It could be a social worker. It could be somebody that’s building maintenance. It could be someone else, but we always have two people.
The member asked specifically about the Travelodge, and I’ll provide an update to the member shortly. The team is just pulling up how many people are still there. As the member knows, we’re transitioning people out of that site. I know we’ve been trying to find homes for people, and certainly the new site that has just gone through council…. Hopefully that will have some ability for some people from that site to go as well.
We’ll get you that information in a couple of minutes.
K. Kirkpatrick: Thank you to the minister for that. I will look forward to that information, because I do think it’s going to be…. It’s easier for me to kind of understand what “supportive” means. Having a maintenance person and a front-desk person doesn’t give me confidence that somebody who has a critical health emergency or issue is going to be able to be appropriately supported. That is the reason for my question.
It has been pointed out to me that there are two numbers that I did not get with our previous questioning on the housing numbers update. So if I may just ask the minister and staff to go back. Two things that I don’t believe were said: the deepening affordability fund, where we’re at with that right now, and the homelessness action plan.
Hon. R. Kahlon: With the homelessness action plan, 542 are in progress, and 480 are complete. The deepening affordability, which is…. So 2,097 are in progress, and 2,023 of those are complete.
K. Kirkpatrick: Thank you to the minister for that.
We know that the Victoria police chief has talked about criminals infiltrating social housing — a concern. This was a concern I raised last year to the minister, in terms of preying on vulnerable people. We were talking about the fact that there was no controlled access to the Travelodge in North Vancouver and the concern that you’ve got particular women, vulnerable women, who are being housed in these places where they can be trafficked, taken advantage of.
Those were some of the concerns I raised last year, but now the police chief is confirming that there are serious issues and poses safety issues to vulnerable people in supportive housing.
Does the minister believe that the practice of buying up unsuitable hotels has contributed to the inability of the ministry to manage rampant crime in B.C. Housing sites?
Hon. R. Kahlon: The chief was referring to a specific site which was in fact purchased by the B.C. Liberal government when they were decamping people from the city of Victoria. I recall having had this exchange with my friend across the way. I think that at the time the government was trying to do the right thing. They had people in an encampment, and they were trying to get them indoors as fast as possible. I met with Chief Manak multiple times about this topic.
Courts had ruled that they were not able to put guest policies and wellness checks policies in place, which led to some challenges in the community. That’s why, when we made the policy changes to the RTA to ensure that the providers can do the wellness checks and have guest policies to control the flow of people coming in and out, it was to help support the safety not only of the people that worked there but of the people that were residing there.
The member will know that Chief Manak provided a quote in the release. When we first met, he had highlighted that this was a particular challenge. I know he was pleased to see that concern reflected in the change that we made. It’s a sad reality that we’ve got people who try to exploit the most vulnerable people in our society. It’s awful, and it’s unfortunate, but it does happen. By putting these policies in place, we believe we’ve made supportive housing sites much safer across the province.
It’s also important to note…. I was clear with my conversation with Chief Manak: where would we rather have people? Would we have people sleeping in a park, in city hall on the front lawn, or would we rather have them in supportive housing? We both clearly agreed that having people in housing, having the supports around them, was vitally important.
I do appreciate the concern that Chief Manak raised, or that any police chief raises, around sites. It’s our work and responsibility not to throw out all supportive housing, not to throw out all housing options for vulnerable people but to address the specific challenges.
We had another challenge in Prince George with an individual who was, I guess, using one of the units to hide their stuff. In that case, in many cases, our not-for-profit providers actually work really closely with police. This is not us versus them. This is a collaborative effort, and police are able to move in to make sure that the residents are safe and that the community is safe as well.
K. Kirkpatrick: Thank you to the minister.
Chief Manak, in an April 17 article, said that most of the B.C. Housing supportive housing sites have embedded criminals in them. Can the minister explain why that is different than what he has just told me, about the chief referring only to one site?
Hon. R. Kahlon: Well, Chief Manak will have to speak to the comments that Chief Manak made. I can tell the member that when I’ve spoken to him, I think he would share what he shared with me: there are sites that have challenges, but it would not be fair to characterize every single supportive housing site with criminal activity. I know the member has done this work and has supported vulnerable people. I think the member would agree with me that the last thing we want to do is stigmatize vulnerable people more than they already are stigmatized.
This narrative that every single person who has had a tough time in their life and doesn’t have a home is a criminal is something that I reject strongly. Where there are challenges, that’s where we have to step in and make sure that we take action.
Again, it’s unfortunate. There are people out there that are trying to exploit our most vulnerable people, and we need to continue to have partnerships with our not-for-profits, local government partners and police at the table. We have those tables set up in many communities around the province, and they’ve been really helpful for us to be able to address challenges as they come up.
K. Kirkpatrick: Well, I wonder how it is that the police chief can say something and it’s quoted, and the minister is telling me that that’s not either what the reality is or what the police chief said. I can assure the minister — I appreciate he recognizes some of the work that I’ve done previously — that no one on this side of the House is saying that people in supportive housing are all criminals. The concern isn’t the people who are living in the supportive housing. It’s the people who are preying on them and the criminals that are preying on them.
I certainly can understand why someone who is homeless, who is unhoused, who is in a park, may feel safer staying there in a tent than they would moving into a supportive housing project site, because they don’t feel safe in that site. I’ve heard it from different housing providers.
Can I ask the minister, then: what is being done now that the ministry, presumably and hopefully, has been made aware that these kinds of things have been going on? What is the ministry doing now to assess all of the housing sites and make a determination as to whether criminal activity has actually infiltrated and even replaced some of the residents?
Hon. R. Kahlon: Again, I’ll leave it to Chief Manak to explain his comments. I can just share with the member the conversations that he and I have had.
Chief Manak has also made it clear, on the record, that they have a good partnership with our not-for-profit partners. There are discussions happening all the time about how we can ensure that people are safe. I would say, to the member’s question about what has been done around Victoria, the wellness checks and the guest policies are what have been done. That has made a substantial difference. The guest-policy piece was the number one ask from Chief Manak. He believed that having that ability to know who’s coming in and going out is very important.
In the site that I mentioned earlier where there were particular challenges, fencing ensures that people are not coming in from multiple doors and going out from multiple doors. They’re coming in from one door and out from one door, so staff have a better line of sight. That was an important step that we had to take.
We have been responding to where there are challenges. For this one in particular, the chief was on the news release with us, praising this important step.
I thank him for bringing information to us about where there are challenges so we can work together to address them.
K. Kirkpatrick: I understand that there’ll be changes so that we know who’s going in and out, and on guest management. What about those sites that don’t have controlled access? I’ll use the Travelodge as an example. I know that there are other B.C. Housing sites that don’t have fences around them and don’t have one door for access. There are the old kinds of motels that you could just walk in and out of the doors. What is happening with respect to initiatives there to make sure that people are staying safe?
Hon. R. Kahlon: Certainly, on the purpose-built sites, because they’re purpose-built, it’s easier to have all those pieces in, but they also take time. On many of the sites where we know there are going to be people there for a longer period of time, B.C. Housing goes in, does assessments and puts in pieces to ensure that the safety measures are there.
The site, the Travelodge, was temporary in nature. As I mentioned already, people are already being transitioned out and moved to another location. But we do…. B.C. Housing does go in on assessments, puts fencing, makes changes to the building structure, wherever it’s possible, to ensure that there’s a good line of sight of who’s coming in and who’s going out.
K. Kirkpatrick: Thank you to the minister.
The temporary nature of the Travelodge has been…. I think we’re coming up on three years now, but we don’t need to debate what temporary is.
[J. Tegart in the chair.]
I have spoken to housing providers who have said that they have challenges with B.C. Housing in getting health, safety and security funding, which is quite significant, particularly in some of the areas where these sites are operating. My understanding is that in the Downtown Eastside area, when staff will call for VPD support, there is a hesitancy for police to respond to a supportive housing site unless they have ten or 12 officers with them.
Is this, to B.C. Housing’s knowledge and to the minister’s knowledge, a realistic challenge that is happening right now?
Hon. R. Kahlon: I’ve been down to the Downtown Eastside a lot, visiting supportive housing. I’ve seen police arrive on site. I’ve never seen them arrive with ten or 12 officers.
I am not quite sure what this particular person had shared with the member, but from my conversations with Vancouver police department officers, that’s the last thing that they want to do: to show up with that many officers. That is escalating situations. That actually makes it more problematic, more challenging for them to control the site. So I’m not particularly sure about what this individual, perhaps, had shared with the member.
K. Kirkpatrick: I appreciate the minister’s response to that. It’s difficult when one isn’t given a specific example.
It was clear, however, that there are concerns, with the providers, that they’re not being funded enough for security gates, and they’re not being funded enough for security. There has been a change in the nature of supportive housing and drug use, and there have been a number of social issues that have really changed how these sites are operating and the safety of these sites and the level of violence of some of the residents and people going into the sites.
I would ask if B.C. Housing is aware there have been requests for health, safety and security, as part of the contracts, which have not been addressed.
Hon. R. Kahlon: I’ll start by disagreeing with the person who shared this information with the member, that B.C. Housing doesn’t provide supports for health and safety. B.C. Housing does provide supports.
But I think it’s not a surprise to anyone that works in this space or, quite frankly, any other space where not-for-profits are operating, that there’s always a need for more money. There’s always a need for more dollars. We are providing a significant amount of dollars to support supportive housing.
B.C. Housing, myself…. We really value our partners and the work they do. It’s important work. It’s hard work. These folks that work there care deeply about providing supports for the most vulnerable.
We have created the table. We’ve been working with our partners to find out what challenges they have, where there could be additional dollars and, also, from us, from a government perspective, how we can get greater clarity about where dollars are going. I think for this process, for the public…. Everybody needs to know. It’s a conversation that’s going on right now. We’re committed. We’re at the table, and we’re going to continue to work with them.
K. Kirkpatrick: Thank you to the minister. The minister and I may disagree in terms of how rampant the embedded crime is in the different supportive housing sites. We do know that it is happening.
How is the ministry enhancing protocols for reporting and responding to criminal activities within supportive housing, especially considering the fear of retribution that may prevent residents from coming forward?
Hon. R. Kahlon: Many of our supportive housing sites…. We have tables where we’ve got community — often police, not-for-profit, local government officials — where these conversations happen. I think it’s fair to say, in some cases, individual tenants may be afraid to speak up or to say things. But when you build those relationships over time and that trust is built, that’s when things happen.
I won’t name a specific site, but I will say…. I was talking to a police chief within the last six months about a major, I guess, move that they made into a supportive housing site. It was done because of the people that lived there, the people that work at the site and the not-for-profit provider working together. So these conversations happen.
How do we ensure that those relationships are built? Well, it’s by having the people in the homes, having the staff there, constantly providing them supports. There’s enough trust built so that this information can be shared. That’s the work that happens every single day.
K. Kirkpatrick: Thank you to the minister.
I have heard stories, again talking to some of the housing providers, and I’ve seen this firsthand. In a supportive housing site, you have a single woman who is in a unit. You have another unit where there may be a man who is quite aggressive or has psychotic outbursts. They’re in an active addiction. How do you make sure that those vulnerable residents, when they’re all mixed together…? People have different requirements and different needs. How do you keep those residents safe?
Hon. R. Kahlon: We have community access tables, tables with providers and outreach workers, where they discuss individuals that are living in supportive housing or sometimes individuals that are in shelters trying to get into supportive housing.
If those types of incidents arise, often what happens is that when a new spot opens up at that table, they discuss moving this individual to another place. Not only does that table help create a mix of residents in a building, so that it’s not too many people with too many challenges overloading one particular site, but they also have the ability to move people out to something that is more appropriate for them. Those shifts between locations are happening often.
It’s also important to note that if you’ve got an encampment or you’ve got people living there, we offer locations. We offer them an opportunity to go and look at the supportive housing site or the shelter location that they can potentially move into. But we want them to feel comfortable. Sometimes it takes a week or two weeks for people to say, “Yeah, I accept this place,” but it’s an important step, so that they’re not going into it and then saying, “Hey, forget this,” and then going back out.
K. Kirkpatrick: That just made another question come to mind. I had a supportive seniors project have this challenge with one of the residents. If you do have that scenario that I described previously, if the ministry has that scenario, is the RTA a barrier for actually moving people between different sites?
Hon. R. Kahlon: If an individual is disruptive and is putting the health and safety of others at risk, there are provisions within the RTA for action to be taken. They’re also often our not-for-profit providers. If they do identify someone, they try to find a better fit for that individual. At the end of the day, if you’re in a shelter or supportive housing, yes, you may have some challenging individuals, but if you kick them out, then they’re just on the street.
Our partners work the best they can to try to find a situation that is a better fit for that individual.
K. Kirkpatrick: Thank you to the minister.
I think people that are working in supportive housing are saints. They have one of the most difficult jobs I can possibly imagine, and the kindness, care and compassion that I have seen from staff of these various housing providers are breathtaking. I appreciate that they are doing the best that they can and that there are very difficult, challenging issues that they have to deal with.
When there is a rapid movement, when there’s decamping or you are moving people from street living quickly into shelter, I have always wondered how it was determined who went where. When there was a big decampment in Vancouver, there were two housing projects that were developed by the Cambie Street Bridge. I don’t know the exact address, but I think you know where I mean — across from BCH head office.
How is it determined? What are the procedures to thoroughly vet individuals before they’re placed in different supportive housing sites, particularly during those rapid transitions? I know that we want to protect those who need low-barrier access to housing, but what kind of vetting is done to try and reduce the challenges that we were just talking about?
Hon. R. Kahlon: It’s an interesting question. I think many British Columbians would probably want to know how it happens. The answer is a little bit complex, but I will go into it a little bit.
When you have individuals, let’s say, that are in an encampment, what we want to do is to ensure that people are being moved to shelters, where there are assessments done, so that we can identify the needs of individuals, get to know the person, see what barriers and challenges they have, what kind of level of support they need. Shelters provide an opportunity for us to triage, to be able to see…. The individual, in some cases, may just need a rent supplement to be able to get into market housing.
When I first became the Minister of Housing, I was at an announcement, probably two weeks in, with Mayor Sim, with the Premier and with Melanie Mark, who was an MLA here. There was an individual, who came over to the event, who wanted to talk to me and the mayor and the Premier. He described exactly what we’re trying to do.
He said: “Well, I was living here on this corner. I got into that shelter over there,” and he pointed it out. He got into the supportive housing, which is literally next to the supportive housing that we were announcing that day. Then he was describing to us his new rental apartment that he had moved into.
That is what we want to see in an ideal way, but it’s not necessarily always that way. I think, in a perfect world, you’d have that flow happen. But this is a continuum, and sometimes people go back to the beginning. Sometimes they need to go back to supportive housing.
The community access tables are vitally important for us, because they build those relationships on the ground. We have folks doing that in Prince George. We have folks doing that in Abbotsford right now. We have folks doing that in Nanaimo, where they’re on the ground building relationships, trying to understand the needs of individuals. The greater challenge comes when people don’t want to go into shelters. Those are the complexities that we deal with from community to community. It is really trying to get an understanding of people.
I think I shared this last year with the member: when that situation happened, when there was an encampment in the city of Victoria under the previous government, I do think that the decision to move everybody into a hotel was the best decision that could have been made at the time. You want to make sure people have housing, so there was a hotel purchased, and it was moving people inside.
What we’ve learned from that process is that although it might feel like the fastest thing to do just to get people inside, we need to have a process of where we can build the relationship and get an understanding of who’s who. So not to asperse anything against what decision was made — I think it was made with the information that was had at the time — but it has implications in the long term.
Those are the conversations we have with local governments, where somebody might say: “Well, you’ve got ten people here. Just move everybody in.” Well, we can’t necessarily do it that way because we don’t want to have long-term problems. We want to identify people’s unique challenges and try to get the best fit, because that means long-term success.
K. Kirkpatrick: Thank you to the minister for the answer. I love the story of this person who had success. I agree with the minister that that’s what we’re looking for. We want to support people.
I do think when it’s not successful, we have to look back at what supports are in place in the shelters, the supportive housing and along the continuum. I’m just not seeing, in the supportive housing sites that I’ve been to and in the answers I’m getting from the minister, that we truly, truly understand what supports are required and that we have those proper supports there.
I’m going to move on to another issue. We’re still going to stay on supportive housing.
There has been recently — this is not going to be a surprise to you, with the conversations about nurses and hospitals — fentanyl contamination in the air at supportive housing facilities, which poses serious issues to both residents and staff. The Victoria Cool Aid Society discovered that it had concerning levels of fentanyl in the air at one of their housing sites, and it was exceeding occupational safety limits. It was identified through air quality testing that had been initiated, and it had been initiated because there were a number of illnesses with their staff — vomiting, headaches, something that was out of the ordinary for times in past.
It’s a non-smoking building, so it’s suspected increased smoking of drugs is the cause, and that’s compounded by poor ventilation in the old motel structure. Interim safety measures are mandatory masks for people and restricted access to the site.
Can the minister provide data on the number of complaints related to airborne fentanyl exposure in supportive housing in the last five years?
Hon. R. Kahlon: I don’t have data for WorkSafe, but I can share with the member that there were two sites, at Tally Ho and the Queens Manor, where issues arose.
Important for the record, the not-for-profits reached out to us, and the challenge was different, slightly, at each. Queens Manor — just poor circulation in the building. No-smoking policies, of course, exist, and the challenge is there are sometimes people that do.
The decision to wear PPEs, masks, is when an individual goes to knock on a door where they suspect somebody is smoking. It’s out of protection for the person working. Those are the protocols we put in place. Again, if they suspect somebody is smoking, of any kind, we ask them to wear that just out of safety, especially in those buildings where there was poor circulation.
Now, at Queens Manor, the shift is happening, people moving from that location. And the Tally Ho not only has the policy to ensure that if a worker feels that there might be a risk, that they have equipment there, but it’s also…. They implemented a whole host of policies. They actually have, now, a no-visitor policy. No one is allowed visiting that site, because that’s what they found was happening, where people would come, and then that is when it happened. We took other action like building fencing around the site and a whole bunch of measures.
In the end, worker safety is our priority when a not-for-profit comes forward and says: “Hey, this building is old. We have poor circulation. We’re worried. We want to make sure that people are protected.” But in the end, we have policies that say you’re not allowed smoking inside. You’re not supposed to be smoking in any rooms. The challenge is they have individuals who do still do that. We’ll continue to work with our partners to reinforce the rules of buildings to ensure that everybody is safe.
K. Kirkpatrick: Thank you to the minister.
I’d just like to clarify, as I was thinking about it when the minister was speaking. If it is a non-smoking building, and when it was originally determined to be a non-smoking building, does that non-smoking include the smoking of drugs on site, or is the non-smoking just related to cigarettes and maybe cannabis?
Hon. R. Kahlon: No smoking of anything. No smoking of anything in the units. That’s the policy. And again, in cases like this, where a not-for-profit proactively comes to us and says, you know, “we’ve got an issue; individuals continue to break these rules, and we’re worried about safety of our staff,” it’s incumbent on all of us to ensure that everybody that works in this space is safe.
The member said earlier that people who do this work are saints; I agree 100 percent. So for us, it was to ensure that there were policies in place to make sure people are safe. The policy is if they knock on a door where they suspect somebody is smoking, out of abundance of caution…. It doesn’t matter what they’re smoking. Out of an abundance of caution, we just want the protection to be there for the workers.
K. Kirkpatrick: Has the problem escalated since the introduction of decriminalization?
Hon. R. Kahlon: We’re not aware of any escalation. I would say this is a challenge that’s been, whether it’s SROs or supportive housing, for as long back as I can remember. This is a topic that’s been top of mind with fire officials, when you talk to folks in Vancouver and Victoria. So no, there hasn’t been.
Now, I don’t know if we want to get into this conversation, but I’ll touch on it briefly, which is to say that everyone knows that fentanyl is killing people. We have seen an increase in the toxicity of the drugs that are on our streets since the pandemic. It was during a time when the ports were shut down. Everything was shut down. Things weren’t moving. Quite frankly, drug dealers, etc., have found new ways of making drugs that are so much more toxic than they’ve ever been. And this is not just in Vancouver; this is a North America challenge.
That being said, when it comes to supportive housing, there hasn’t been anything different than what we’ve been seeing, unfortunately, for a long time.
K. Kirkpatrick: Thank you to the minister.
With COVID, we became acutely aware of the challenges with proper ventilation in our schools, in particular. So when I hear about, you know…. We’re looking at hospitals, but when we’re looking at supportive housing, these are older buildings, and there are going to be challenges with air circulation, filtration.
I am wondering if B.C. Housing is looking at investment in current sites in order to recognize the reality that we have this increased indoor smoking of fentanyl and other drugs that are toxic and get into the air system. Is B.C. Housing looking at any changes to its requirements for appropriateness of facilities to accommodate these new issues?
Hon. R. Kahlon: B.C. Housing does assessments of all of their buildings of where there might be challenges.
We spent some time talking about the Tally Ho, for example, where there is poor circulation of air through the premises. That’s why, right behind it, we’re building a new building so that we can move people into something that’s more safe and that meets the needs and what we’ve learned since the pandemic.
K. Kirkpatrick: Thank you to the minister.
Are all supportive housing facilities required to have drug consumption spaces? Are they inhalation spaces or solely for injection?
Hon. R. Kahlon: There’s no requirement for supportive housing to have this.
I think that the challenge is…. The member will recognize…. In many supportive housing sites, you will have people who have addictions issues. When there are individuals with addictions issues…. Many of our providers will try to have a place for supervised, I guess, forms of consumption, but there’s no requirement for it.
In the end, it’s about trying to save lives. I think the reason why so many people support that concept is…. It’s better to have someone there with a health professional so that they’re not overdosing and dying alone in one of the rooms. But it’s not a requirement.
K. Kirkpatrick: Thank you to the minister.
I very much care about the safety of the people who are living in the supportive housing sites. I also care very much about these heroic employees who are working in these sites as well. That’s where these questions are coming from.
Do I understand from the minister, then…? Does the housing provider have a choice as to whether…? Do they make a determination in terms of whether they need to provide this space, or is it something that’s actually set out in the contract, where it is required?
Hon. R. Kahlon: Our contracts require the not-for-profit to have some form of harm reduction supports, but we don’t specify, necessarily, what that should be. Each of the not-for-profits, especially the not-for-profits who operate multiple sites, have a good understanding of the needs of the individuals.
The member said that she cares deeply about not only the residents but also the people who work there. I certainly share that view as well.
The member asked a question earlier. I want to touch on one other thing.
When we were talking about how people move from an encampment into housing…. I think it’s important to share with the member. Since last year’s discussion…. At Crab Park, we had over 130 people at one point. We have been actively working to try to get individuals indoors, building those relationships, creating spaces. We’re at 16. Now, 16 is still too many for many people.
People who do this work understand that moving individuals one by one, trying to find the right fit for them, is quite the challenge. So I want to take my hat off to folks at B.C. Housing, to our partners in the city of Vancouver and to the not-for-profit partners for the work they’ve been doing. Still much more work to do.
K. Kirkpatrick: Thank you to the minister.
I will say…. Many of us fly over to Victoria. We go over Crab Park. I have seen a reduction in the size there. That certainly is what we want to see: the ability to have the time to actually move people into the kind of housing that’s going to be appropriate.
What I’ve heard the minister say in our conversation here is…. There hasn’t been a significant increase in the rates of employees who are dealing with fentanyl issues and toxic drug supply or toxic drug ventilation and inhaling. That hasn’t been an increase. But we know that it’s happening. What resources are being provided to support housing staff who might be affected by such exposures?
Hon. R. Kahlon: I think that it’s, again, important to emphasize…. People who have addictions issues are going to find the drug one way or another. What’s important for us is…. How do we find ways to build relationships, build trust with individuals, ensure that they’re safe and then bridge them to supports and, ideally, get them to a place where we can get them into treatment and away from the challenges?
The member referred to the perspective of individuals that are working on these sites. When not-for-profits or their workforce come forward and say, “Hey, there’s a challenge; we have some concerns,” then we take steps like we did at the Tally Ho and the Queens Manor.
Protocols get put in place. If you’re knocking on a door where you suspect somebody is smoking, there’s equipment there for you, just to be safe, just to make sure that you’re protected. It could be a cigarette, but it could be something worse. We want to make sure that people have the protection for when they do knock on the door.
Those are the pieces that I highlighted, protocols that can be put in place. Those are the two sites where this issue came forward, in particular, because of circulation issues in older buildings. We’re doing the assessments of our buildings to make sure, when the situation arrives like the Tally Ho…. We start building a plan to demolish that building and build something that is more purpose-built and, perhaps, has better circulation and all the pieces that we want to see when we’re supporting some of the more vulnerable people in our communities.
K. Kirkpatrick: Thank you to the minister.
A question just occurred to me. I think I know the answer based on what was said previously. This is not a supportive housing question.
In strata bylaws, where you have strata bylaws that have smoking restrictions in them…. Those smoking restrictions would also, then, be expanded to include the smoking of illicit drugs. I’m just clarifying. I believe, based on the previous answer, that’s the case.
Hon. R. Kahlon: Staff are not aware of a definition of what you’re smoking. Well, not what you are smoking but what a person is smoking. The act is just saying smoking in general. So it could be any product.
K. Kirkpatrick: Thank you to the minister. I thought that was the case. It had just occurred to me.
I am going to go back and ask yet another question on the housing progress. Then after I ask that question and it’s answered, I would like to ask for a short break, if we may.
The question that I have is…. The number…. Oh, my heavens. If you can bear with me for a second.
The numbers that have been given for 2024, based on our earlier conversations, are 14,702 new units. Now, that’s lower than the Homes for People backgrounder says have been created.
If you will bear with me, I do actually have the number. I’m sure you have the number over there in terms of what…. I do not have that number. I have a Thursday afternoon kind of head here, so I will get that.
Thank you. That was a partial question.
The Chair: We’ll take a short, five-minute recess.
The committee recessed from 2:40 p.m. to 2:48 p.m.
[J. Tegart in the chair.]
The Chair: We’ll call the committee back to order.
K. Kirkpatrick: I will try and ask my question in a more articulate manner this time. It is Thursday afternoon.
My question was…. The numbers the minister gave me previously, when we started our conversation today, add up to 14,702, yet under the B.C. Housing Homes for People backgrounder, it gives the number as 15,703. I’m wondering if the minister can explain the discrepancy.
Hon. R. Kahlon: Welcome to the guests that are in the chamber today to watch the proceedings. We’re discussing the Ministry of Housing and our budgets and everything within the Ministry of Housing. So thank you for being here.
To the member, I think the member is referring to the in-progress number. I think it’s just important to note that the in-progress number can shift, because when things complete they go to the completed section, and the new project is funded…. The number changes all the time. So that’s what we think the member is referring to, and that’s why there would be different numbers at different times.
K. Kirkpatrick: Thank you to the minister. I think that’s what I was referring to as well. I’ll clarify that.
We have had some concerns with overdoses in supportive housing. Again, I spoke to the minister and wrote a letter about the Travelodge. I’m not going to talk specifically about the Travelodge here.
Despite government pouring hundreds of millions into converting hotels into supportive housing, the coroner’s report reveals there’s a glaring rise in indoor unregulated drug deaths, especially in supportive housing. Why has the ministry failed to equip these expensive conversions with the necessary health and mental health supports? That seems to be disregarding this escalating crisis.
Hon. R. Kahlon: I think the public certainly would understand and I think the member understands that when you have got a population that perhaps have been homeless for some time and that individual struggles with mental health or addiction challenges and they’re using drugs, it’s a real challenge. So when you move them into housing, it doesn’t mean that they’re dying because they’re in housing. It means that there’s a really toxic drug supply out there right now that is killing individuals, and many, unfortunately, are dying alone.
We try, our not-for-profit providers try, to create spaces where there are staff available to be able to respond quickly if an individual is dealing with addictions. I mentioned already that we changed the RTA so that staff within the supportive housing can go and do wellness checks when they’re needed to make sure people are safe.
We had cases of parents who came to us urging us to make this change because in this one particular case, the son of the individual passed away, but the staff were not allowed to do a wellness check. It’s heartbreaking.
I think the change to a wellness check is an important measure, but it’s a real challenge when you have a toxic drug supply out there and fentanyl. Unfortunately, we’re seeing people die. What we’re trying to do is bring people indoors so that there are supports, relationships are built. In some cases, ensuring that people have access to something that is not lethal, that won’t kill them, just so that we can get them to a point of stability and we can get them towards addiction treatment.
That’s what we’re trying to do, whether it’s within supportive housing or complex care or even in our shelter systems.
K. Kirkpatrick: Thank you to the minister.
Can the minister explain to me where that intersection is between Housing and Mental Health and Addictions, working with that ministry in terms of…? We’ll come back to what we talked about at the beginning here, which is providing the appropriate supports. A 5 percent spike in unregulated drug deaths indoors is concerning. We’re going in the wrong direction.
When looking at the supportive housing, what input does the Ministry of Mental Health and Addictions have in developing those contracts?
Hon. R. Kahlon: I think it’s important to note that individuals that are unfortunately passing away from overdose are not passing away because they’re in supportive housing. They’re passing away because we’ve got a fentanyl crisis and we’ve got people who are struggling with addictions. If they didn’t have access to the housing, they may be in a park. They may be in a community centre.
I know the member’s not necessarily implying that, but I just wanted to have it for the record that people understood that people are not dying because they’re in supportive housing. They’re dying because of a toxic drug supply. If they weren’t in supportive housing, unfortunately, people would be in parks and other places.
When it comes to complex care beds, we work closely with the Ministry of Mental Health and Addictions. It’s a partnership. They identify where there are opportunities for complex care beds in partnership with us. We try now to find ways, in particular where there’s capital, to make sure that there’s a partnership in how those are built out.
I’m happy to go into more details if there’s something specific the member has. I should also share with the member that we just recently provided the B.C. not-for-profit association with $1 million to help housing societies to install overdose prevention devices in supportive housing buildings and emergency shelters around B.C. That just happened recently.
K. Kirkpatrick: Thank you to the minister.
I’m certainly not suggesting that being in supportive housing is what causes drug overdoses, but the minister’s response to me sounded like people would die of these drug overdoses if they weren’t in supportive housing, which I don’t think is the case. I do think, from an improperly developed system, that the actual supportive housing itself can actually contribute to an increased likelihood of overdose.
The question I’m really…. I’ve asked this in a few different ways, and I’m not feeling that I’m getting the answer. Are we providing the right supports to people in supportive housing to ensure that they have access to medical supports, access to detox, access to recovery? Are they dying in supportive housing because they don’t have supports?
I’m looking at the Ministry of Mental Health and Addictions, and I’m thinking, well, they are the ones that are developing and providing programs that should be able to recognize what people need to get better. So where is the overlap between the contracts that B.C. Housing has with the housing providers and identifying what those supports are and putting those supports in place?
Hon. R. Kahlon: I just disagree with the member. I think the member did imply that people are dying in supportive housing because they don’t have support. People are dying, unfortunately, because we’ve got a fentanyl crisis. We’ve got a drug crisis. We’ve got just really toxic drugs like we’ve never seen before.
As I mentioned to the member, all supportive housing is required to have some programming in place, some supports in place. It varies from site to site, depending on the need and complexity. But our supportive housing providers understand. This is not something they just started doing. Dealing with people with mental health and addictions isn’t something that just started a year ago or two years ago. This has been years of challenges. The only thing that’s changed since the pandemic is the toxicity of the drugs.
I will just say this again. During the pandemic, when things were shut down…. We have now seen drug dealers, unfortunately, go to creating a new drug supply that is way more toxic than it has ever been. That’s the challenge that is being dealt with across North America.
The member is asking about complex care and the Ministry of Mental Health and Addictions and the Ministry of Health. My answer is the same, unless there is something specific the member is getting at, which is yes, we are working closely together. Supportive housing sites have health care services that come on site to support individuals that need it. That’s the case in most of our supportive housing sites. So if there’s something specific the member is looking for, I’m happy to provide that.
K. Kirkpatrick: Thank you to the minister.
Is the minister able to…? Does the ministry track how many deaths there have been in supportive housing in the last year?
Hon. R. Kahlon: This is data that’s collected by the coroner’s office. The team is trying to get some numbers for the member. If we can go on to questions the member has, then we’ll get that number once we have it.
K. Kirkpatrick: Thank you to the minister. I appreciate that.
I think that’s important information for B.C. Housing to be looking at. You would then be able to identify if there were discrepancies or anomalies between some of these sites and to take a look and see if there are some supports lacking in some of them that should be there.
A moment ago the minister mentioned $1 million in overdose prevention funds that were given to B.C. Non-Profit Housing. Can the minister explain what that looks like? Are these prevention devices? What are they? How are they meant to work?
Hon. R. Kahlon: These new devices, which immediately alert staff to potential overdoses — combined with existing staff support, safe consumption spaces and peer observation programs — will help the not-for-profits respond more quickly to overdose incidents and, obviously, help save lives.
K. Kirkpatrick: Thank you to the minister.
I’ve got some questions, then — this won’t be a surprise to the minister or the ministry — on the Winters Hotel fire. This fire resulted in the deaths of two vulnerable individuals. It looks like, based on the report, there was mismanagement and lack of oversight by B.C. Housing.
[S. Chandra Herbert in the chair.]
A few questions I have on here. With the inquest highlighting systemic failures leading to the Winters Hotel fire, what review of B.C. Housing’s operational procedures is the ministry conducting to ensure such a tragedy is not repeated?
Hon. R. Kahlon: It was certainly tragic to see these two individuals lose their lives to the fire. I think there’s understanding, and the member knows that we had a lot of discussion about this last year, that it’s an important topic to discuss: the challenge that we have around single-room-occupancies, or SROs, in the Downtown Eastside. Many of these buildings are very old. They have some really serious challenges to them. There are multiple things.
When it comes to the inquest, we participated fully. In fact, we called. We wrote and said we wanted to make sure this happened so we could get all the information. There has been a whole host of recommendations that have been provided to us. B.C. Housing is going through all the recommendations. Some of them are moving a little bit quicker. Some of them are longer challenges that we have to address. But we are committed to advancing the recommendations that came from the inquest.
K. Kirkpatrick: Thank you to the minister.
There has been a lot of change at Atira since this happened. I know that there has been new management, new systems, new processes. They’ve just hired a new CEO. I just wanted to preface that by saying that I know Atira has made some changes.
How does the Ministry of Housing plan to increase transparency and accountability in its dealings with operators like Atira, ensuring that those providers are meeting all safety and operational standards without exception?
Hon. R. Kahlon: There are two things. B.C. Housing has launched a partner hub. It’s a new tool that works with our partners and that allows for collaboration, for information-sharing back and forth. Also coming out of the inquest, we’re forming a working group with not-for-profit partners, with fire, others — so that we’re working as a team to ensure that we’re addressing issues within our communities.
K. Kirkpatrick: Thank you to the minister.
Can the minister explain the process when a housing provider, for example, comes to B.C. Housing and is looking for a replacement of some equipment — fire equipment, something that’s not working? They need to get pre-approval in order to be able to spend those funds. What does that process look like with B.C. Housing, and how long does that take?
Hon. R. Kahlon: It slightly varies, depending on the dollar amounts. There is a threshold for not-for-profits, if it’s a life-and-death emergency, to be able to make that investment. Then there’s a process for checks and balances after, and then if it passes a certain threshold, they have to go through a process to, I guess, apply for the dollars. But if it’s life or death, there is a threshold for the not-for-profit to be able to go ahead and spend that money, and then we can deal with that after.
K. Kirkpatrick: Thank you to the minister.
So if Atira or Lookout or whoever it is had a request for a new fire extinguisher, something like that, that is something that they could act on themselves? They wouldn’t have to worry about that being approved?
Hon. R. Kahlon: Correct. A fire extinguisher is a small expenditure, and they could just go ahead and do that.
K. Kirkpatrick: Now, in light of the reports that a deaf resident had been requesting an adaptive fire alarm…. That request had gone from the provider to B.C. Housing, but that wasn’t provided for that resident. Knowing this, what steps is the ministry taking to ensure that the specific needs of all residents in B.C. Housing facilities are adequately met, regardless of what that mobility or hearing issue might be?
Hon. R. Kahlon: It’s the not-for-profit’s responsibility to ensure the accommodations meet the needs of the individuals that are on site. If they need financial support to do that, they would just contact B.C. Housing.
K. Kirkpatrick: Thank you to the minister.
I understood from the report that there had been a request made to B.C. Housing and that the request was unanswered. If that’s not the case, I will go back and take a look at this. If I can find that direct information, I’ll come back on Monday to ask.
Testimonies revealed that fire exits were chained shut at the Winters Hotel, which is obviously a clear violation of safety standards. How does the ministry plan to prevent these kinds of dangerous practices in the future?
Hon. R. Kahlon: We’re taking the steps to action the recommendations. We’re meeting with our not-for-profit providers to make sure that they understand. We’re working with fire officials to make sure that things are moving in the direction that we want them to move.
K. Kirkpatrick: Thank you to the minister.
The chaining of the fire doors…. Was this at all related to the ingress of banned people, such as drug dealers, from actually coming back into the building?
Hon. R. Kahlon: I can’t comment on that. I’m not sure.
K. Kirkpatrick: Thank you to the minister.
Considering the inquest’s recommendations for a higher standard of fire safety and a 24-seven resource team for critical incident support, what concrete actions has the ministry undertaken to implement these suggestions, and when can we expect full compliance across all of the B.C. Housing sites?
Hon. R. Kahlon: We’re just going through this, doing the work right now. Our response to the coroner is due in May, and work is happening to make that response.
K. Kirkpatrick: Thank you to the minister.
Will that work be made public when it’s completed?
Hon. R. Kahlon: It would be my understanding that the response would be made public.
K. Kirkpatrick: Thank you to the minister.
Can the minister provide a detailed account of the budget allocations made specifically for improving safety standards at B.C. Housing facilities since the Winters Hotel fire and how these funds are being utilized to protect these vulnerable populations?
Hon. R. Kahlon: Work is underway right now, again, to respond to the recommendations from the coroner, and the information will be released to the coroner in May.
K. Kirkpatrick: Thank you to the minister.
How will the minister personally ensure that the families of the victims and those affected by the Winters Hotel fire get justice and meaningful change and that the ministry’s actions reflect a genuine commitment to safety, oversight and accountability, moving forward?
Hon. R. Kahlon: There’s very detailed information that the coroner has brought forward. Our intention is to action this, and that’ll be laid out in the response to the coroner.
K. Kirkpatrick: Thank you to the minister.
I am going to pass to my colleague from Peace River North.
The Chair: Yes, it is Peace River North.
D. Davies: Thanks to the minister and his staff for taking these questions today.
I’ve just got a couple of questions. Of course, over the last while, we’ve engaged a lot with B.C. Housing up in the northeast, a number of clients we’ve been working with, and potential future clients.
The one thing that we’ve been seeing, certainly in Fort St. John, is the state of some of the B.C. Housing inventory. I could, after, share pictures that I’ve been shared with, and my CA actually went over to look at another one of these units. We’re just hearing this theme getting more and more about the level of these houses — you know, holes in the wall, bathtubs ready to fall through floors.
I’m wondering if, through B.C. Housing, there is a plan to create a bit of an inventory around the housing that’s in Fort St. John and area, as well as a bit of a maintenance schedule to get these homes back. These are government assets. These are assets that the province owns, and it’s like they’re just planning to run them into the ground. If the minister can give us a bit of an update on that.
Hon. R. Kahlon: I appreciate the member’s question. I know in particular areas where climate is maybe harder on the buildings, there is a challenge. If the member shares what he has with me, I can certainly find out about that particular building.
I also can share, and the member knows this, we just opened, in the last two years, 42 new homes with supports for people that were at risk of homelessness in Fort St. John. We’re committed to find ways to continue to make investments to not only create new spaces, but we do have a fund also to address buildings that need more repairs. I’m happy to get B.C. Housing staff to get more information for the member if he likes.
D. Davies: Thanks to the minister. I do appreciate that we do have a good working relationship with the staff of B.C. Housing. I know my constituency assistants have reached out, and it’s a good relationship to get that information. But we can certainly tabulate a number of the homes and units and such that are in need of some significant repairs. We have passed this on to the Prince George office, as well, and let them know. I do want to, obviously, thank the Prince George staff.
I know that we’ve actually got some maintenance people up in Fort St. John just recently as well. I’m hoping that maybe this is a move toward these units being brought up to a better standard.
My next question is…. If the minister can maybe give us an update. Of course, Site C is finishing up. B.C. Hydro currently has a building, I believe, that is being turned over to B.C. Housing, a fairly large complex. I know there are already some B.C. Housing units in there, but there are also a bunch of B.C. Hydro employees staying there. I know that there’s a plan to transition that solely over to B.C. Housing. I’m just wondering if we can get a bit of an update on what that looks like.
Hon. R. Kahlon: I move that the committee rise, report progress and ask leave to sit again.
Motion approved.
The committee rose at 3:26 p.m.
The House resumed; the Speaker in the chair.
Committee of Supply (Section B), having reported progress, was granted leave to sit again.
Report and
Third Reading of Bills
BILL 17 — POLICE AMENDMENT ACT, 2024
Bill 17, Police Amendment Act, 2024, reported complete without amendment, read a third time and passed.
Hon. R. Kahlon: In the main chamber, I call ministry estimates for the Ministry of Housing.
In the Douglas Fir Committee Room, I call Committee of the Whole for Bill 22.
Committee of Supply
ESTIMATES: MINISTRY OF HOUSING
(continued)
The House in Committee of Supply (Section B); S. Chandra Herbert in the chair.
The committee met at 3:28 p.m.
On Vote 33: ministry operations, $1,033,255,000 (continued).
Hon. R. Kahlon: We’ll just need one moment to get the answer for the member.
In the interest of time, I can take your questions. The Prince George team is just getting that information for us. If there is another question while we’re waiting for that answer….
Okay. So if it’s okay with the member, I can put that on the record once the information comes in.
Thank you so much.
S. Bond: I want to begin by thanking my colleague for providing me with some of her time. I know it is limited, and I will attempt not to take too much from what I know is a very significant portfolio for her to manage.
I want to ask some questions about my community, the city of Prince George. I want to begin by just asking the minister if he could confirm for me that he and his staff have received a letter and a package of information from Mr. Eduard Hausot.
Hon. R. Kahlon: Yes. I can confirm to the member that a letter was received from a constituent from the member’s community, and a response is being drafted right now.
S. Bond: I wanted to spend some time just reflecting on the letter that was sent not just to the Minister of Housing, but Health, Environment, B.C. Housing, actually to the Premier and also federal representatives as well. The reason that it is important is because it speaks to the issues that residents who live above the Lower Patricia encampment in Prince George are facing.
One of the most significant issues is air quality. The package provided to me in a briefing from a number of the residents in my community, and I’ve had a number of them over the years, speaks to the issue of PM 2.5. The letter lays out very clearly the impacts of wood smoke and other air pollution for Millar Addition residents. In fact, it looks at last year’s wildfire index and looks at the air monitors across our city over a period of time. The purple air monitor that is right above the Lower Patricia encampment exceeds the worst days of wildfire smoke experienced last summer.
I’d like the minister and his staff to indicate to me the fact that the information provided has been considered, is being considered, will be considered when we think about the actions that are being taken.
I’m also going to speak to the…. I’m going to ask some questions about the temporary housing units that are going to be built and placed in that area.
Can the minister just provide me some assurance that his staff — B.C. Housing, someone — are aware of the significant air quality issues that not only residents who live in single-family homes, and some of them for decades…? But also, there is an elementary school. There are several daycare programs. There is a new child care centre where 75 children, ages toddler and up, are in the vicinity of the purple air monitor that demonstrates that the air quality in that particular part of our city is consistently above that when there is a wildfire in British Columbia.
Have the minister and his staff looked at the information that’s been provided? How does B.C. Housing — how does the ministry, how does anyone on the government bench — review the air quality that is impacting residents who live above the Lower Patricia encampment?
Hon. R. Kahlon: Again, we are aware of the letter. B.C. Housing will review it. Certainly, we’ll be responding to the member’s constituent. Usually, it’s public health that does the air-monitoring pieces. It’s not something that B.C. Housing does.
That being said, I think the concerns that are being raised about the encampment are concerns that are shared by, certainly, me and, I know, by council and many others.
We believe that it’s much safer, for the residents that are living in the encampment as well as the community, for people to be in the housing. Encampments are not safe. They’re not safe for the residents that are staying there. It’s not safe for the community.
We saw not too long ago a company from Alberta bringing a couple of tiny homes in without the proper building code pieces in place, and we saw both of them go up in flames and people’s lives being put at risk. This is a top-of-mind issue for us — what’s happening, especially in Prince George, with that encampment.
We will respond to this, Member, with the information that we can.
S. Bond: I’ll make the assumption that since I, as their MLA, was copied on the letter, I will be copied on the response that comes from, I would assume, a number of ministries or at least from B.C. Housing or someone.
I want to also make sure that I indicate on the record that the residents of Millar Addition have been patient and respectful. This is not that people don’t care. Unhoused people obviously need to be appropriately cared for in our community. I want to thank them for that, because they have been very respectful about this process, yet they are being deeply impacted. It’s not just air quality; it’s quality of life as well.
There have been many, many presentations made about the impacts. I would urge the minister to personally review the document that was sent to him. It will lay out the air quality index for approximately 25 air monitors. And I can tell him that the one with the absolute highest readings — in fact, it is maroon — is considered hazardous. It is a health warning of emergency conditions. That air monitor sits directly above the Patricia encampment. I think the residents of Millar Addition have laid out the circumstances. They’ve included photographs.
I know my time is not endless, so I will simply ask that the minister personally review the information that’s been provided by the residents. And I am very appreciative of the approach that they’ve taken, but they certainly do want to see some actions.
From there, I’d like to…. Well, perhaps I’ll ask a single question, and then I’ll come back to the issue of the temporary housing. Can the minister tell me whether there is an encampment management plan?
Hon. R. Kahlon: I appreciate the member bringing concerns from her constituents to me here. We will respond, and we will ensure that the MLA is responded to, as well, in that response. We, just in the last couple of weeks, have had some correspondence with the city of Prince George around additional housing units that we can advance in the community. We will work with them to ensure that we get individuals from the encampments indoors, into shelters, into housing.
Again, just to re-emphasize that we do believe that the encampment is not safe for both the individuals living there now and the community at large.
S. Bond: I do have some questions about the temporary housing. I know that very recently a temporary use permit was agreed to by the city, and I’m also aware of the minister’s letter that was provided. But I don’t think I heard the answer. Is there an encampment management plan?
Hon. R. Kahlon: I can confirm we don’t have a finalized plan, but we are working with the city on a plan.
S. Bond: Well, thank you to the minister for that response. I’m a bit surprised by that, considering the Lower Patricia encampment has been there for a very long period of time, and there have been significant concerns expressed in my community about safety, about a number of issues.
I will ask the minister if, when the plan is complete, he would be prepared to share it with me as the MLA representing that specific part of my community.
Hon. R. Kahlon: Often these plans are not made public. There are a lot of operational pieces around that. But I do appreciate the member has got an interest in something that’s happening in her community, so when the plan is finalized, we’ll work with our teams in the city of Prince George to share with the member the information around what’s going to happen.
S. Bond: I’m very appreciative of the minister’s willingness to do that.
I want to move on to the temporary housing that’s being provided. As I understand it, there are 43 units that will be considered transitional housing. As the minister’s letter points out, that is in addition to other HEARTH beds that will be provided at the Knights Inn and the North Star Inn.
I want to begin by asking if the minister can describe for me…. I will also just note that one of the things that matters the most to me is that in order to ensure there is a community approach to solving these problems, there needs to be adequate, appropriate consultation with people who live in the neighbourhoods. I will tell you that the people who live above the North Star, for example…. Many of them are seniors who have invested their lives in their homes above that facility.
Change is challenging. We are going to have a significant number of residents in a building right below their homes. You can literally look out their back doors, and they overlook the balcony of the new housing units. Again, those people were respectful and thoughtful, but they have a right to express their views. And there is a lot of concern about the process that led to the North Star being selected.
However, today, I’m just respecting my colleague and the time she has. I do want to be on the record, though, about the concerns that our community has. It is not about not caring for people who are unhoused. Everyone who has met with me has said that right off the top.
They also want to make sure that their neighbourhoods remain safe, that their homes still have the value that these people have invested their lives in. I met with many seniors who live above the North Star, for example, who are very concerned and felt unheard through this process. Their views matter as well.
I’d like to ask specifically about the staffing and the qualifications of the people that will be engaged. One of the things in the consultation process B.C. Housing had…. In fact it was called the community engagement. Obviously, one of the things that people were very concerned about was ensuring that there were adequate and experienced and qualified staff on site. The minister’s letter speaks to the fact that there will be a minimum of three staff members on site 24-seven, experienced in supporting vulnerable populations.
Can the minister describe…? Are these mental health and addictions counsellors? Are they specific health care professionals? We know there are people with complex needs, and there needs to be an appropriate staffing complement to help support people with complex needs. Could the minister or staff provide me with the qualifications, the nature of the people that will comprise the staff at the transitional housing site?
Hon. R. Kahlon: I can share with the member a couple of things.
There are two FTEs on site all the time. That’s about six to eight staff that will be allocated to that site. The skill sets vary, from social workers to outreach workers to different forms of support. The Ministry of Health comes in to provide additional supports depending on the needs of the residents. They’re doing that right now at the encampments, but they would be able to provide supports for individuals on site.
Other services that are provided to individuals on site are life skills, community- and social-related programs, education, employment programming. There are other supports like having people be able to get their IDs and get on other supports that might be available, two meals a day…. That’s 24-seven coverage for supports. That’s what we’re expecting at this site.
S. Bond: Thank you for the response.
The letter goes on to state that staffing levels may need to be adjusted at the discretion of B.C. Housing. I’m assuming that would be increased staff, not decreased.
Hon. R. Kahlon: Yeah, we have an interest in the success of this site. This is what we provide funding for. Now there’s always the odd occasion where a staff person is not available. They can hire somebody. But our expectation is this, and in cases where Health needs to come in, the resources are additional to what we provide there.
S. Bond: I appreciate that. I won’t pursue that further other than to say that people with complex needs need 24-seven wraparound services. That means there need to be people properly qualified to deal with issues as complex as mental health and addictions.
I do have one final question. In the event that there is a violent incident or some sort of behaviour that requires additional support, is there an expectation that the police would be the people to respond?
Hon. R. Kahlon: It really depends. It’s hard to say exactly what the incident might be. I will say that given the amount of units that we’re investing in all at once: the North Star, the Knights, these units, through the HEARTH unit…. The team that we have on the ground, the community access table, which will have the not-for-profit providers that are providing the housing…. It will have local government representatives, different representatives there. There will be an assessment done of every individual. There will be….
Certainly a lot of efforts are being taken so that we’re not putting too many individuals that have additional challenges, in one location. A mix between the sites so that the staff are able to manage that. I think that’s the one benefit, certainly, that will be available in Prince George, given the amount of units coming online all at once. That perhaps isn’t always the same for communities where they’re just behind the units you need.
A lot of this assessment has already been happening. Our priority always is to get people that are in shelters, who already have assessments done, who are there regularly, as the first ones that will get access to these sites, making room in the shelters for those from the encampments to come into the shelters. That’s always been what we are trying to do, and that’s what we expect here as well.
S. Bond: Thank you to the minister for that response.
I do want to confirm that there will be a full fence, cameras, lighting, all of the things that would help to secure the site. The part of the letter that concerned me, candidly, was: “with necessary revisions at the discretion of B.C. Housing, based on operational requirements.”
Obviously, having appropriate security and fencing, lighting, all of those things…. I’m assuming there isn’t a lot of discretion there. There are expectations, particularly about ensuring that there is safety for everyone who shares that neighbourhood. Can the minister explain what that paragraph means?
Hon. R. Kahlon: The member listed a whole host of things, and that is correct. That’s what we’ve put in writing to the city.
The reason why that line is in there is because there’s nothing on the site now. If, for example, we can’t drill into the ground to get the fencing in, we have to make alternatives to have different types of fencing. So there needs to be some flexibility to how we provide these additional measures, but lighting, controlling the parking — all of these are pieces that we intend to advance at the site.
S. Bond: I certainly appreciate that, as long as the intent is to fulfil the description that has been provided to the to the city of Prince George and, ultimately, to us, as residents there.
Perhaps one of the most important questions for me and for the residents of Millar Addition and the people of the city of Prince George is: what work has been done to look at this project? It is considered transitional, temporary supportive housing, meaning that, obviously, there is a transition to permanent housing at some point down the road. In fact, in the B.C. Housing document, on page 8, it talks about B.C. Housing now actively pursuing permanent housing solutions with 50 purpose-built supportive units already planned, etc.
What I want to be assured of is that this temporary use permit, and thus, the temporary supportive housing that’s being put in place, meets the test that the courts have determined — that residents who are currently in the Patricia encampment need to be housed in order to actually close the encampment. So I would like some reassurance from the minister that this, which is, as I understand it, planned for three years, despite it being called temporary….
My concern is we have a temporary supportive housing number of units, 43. B.C. Housing is now actively looking for permanent housing solutions. We have an encampment that cannot be altered until residents there, of which I believe the latest RCMP number, and maybe the minister can confirm for me, is about 35 people.
From my perspective, the math works, if there are 43 temporary units and there are 35 residents. Has work been done to ensure that this solution meets the test that the city needs to meet in terms of the court decision?
Hon. R. Kahlon: Sorry for taking a little longer.
I can’t presume what the court will say. But I do believe that shelter and this housing we’re providing is adequate for people to move indoors. That’s always a challenge. The member was the AG and understands the challenges with how courts would interpret this, but it is our belief that that meets the test.
Now, I would add that we have right now 57 affordable units under construction, and we are always looking for more sites so that we can get people stabilized and into different forms of housing. That’s our intention. So 57 are already there. We’ve got some women’s transition housing going, as well, that may work for some of the residents, and we’re continuing to look for more opportunities.
There are two, I think, important opportunities. One, we have an Indigenous housing fund that’s open till May 15. I know that in Prince George in particular, there are a lot of Indigenous partners who are wanting to be active in building housing. We’re providing nations or First Nations organizations that don’t have dollars PDF funding so that they can prepare for the next call if they’re not prepared for this. That’s one way I think that is going to be able to address it.
Then CHF projects, a new fund, will be opening end of the year, early new year, for any other projects that could be built in the community to get people indoors.
S. Bond: I very much appreciate that response and the fact that the minister does believe that this should meet the test. Yes, as a former Attorney General, I certainly understand the independence of the courts and not intending to challenge that today. But I think there is a way to demonstrate to the court that — in fact, in the decision, the word was “shelter” — this is transitional housing with supports in place.
I am very hopeful on a number of fronts that is indeed the case because, as I’ve said repeatedly, this is not about an us-or-them situation in Prince George. People have been incredibly patient and understanding. They want to see everyone have a home, but they also want to make sure that our neighbourhoods and communities are safe.
Breathing clean air is a pretty important part of that. Again, I want to urge the minister to take very seriously the presentation that was sent to him regarding air quality. It links also, in my view, to an issue of an encampment management plan, the issue of what is burned, when it is burnt, all of those kinds of things. There is significant evidence to say that air quality is a major issue.
I’m so grateful. I will now just make my last comments, perhaps question. I guess I feel discouraged. I am elected by the people of Prince George–Valemount, I care deeply about my community, and I want to ensure, as the person who brings those voices to Victoria, that I have an opportunity to understand and be provided with information.
[J. Tegart in the chair.]
Meetings with B.C. Housing should be regular between city council, between elected MLAs. We live there. We actually know the circumstances on the ground, probably better than most people.
I am asking the minister…. I recently requested the opportunity, in my own community, to visit a B.C. Housing site. I was told I had to have permission from the minister to do that. I have to tell you that as an elected official in my community, I want to know what’s going on. I want to understand what the circumstances are.
I certainly understand protocol and wouldn’t be showing up at a site at inappropriate times. I understand there needs to be a process. But I would like assurance from the minister that he has given direction, or will, to B.C. Housing to work constructively with locally elected officials, including the MLA and city council, and also that at the appropriate time, we have the opportunity to visit sites that impact people who live in my community.
I would like the minister’s assurance that those things will happen.
Hon. R. Kahlon: I can assure the member that no policy, since the member was on this side of the House, has changed. So whatever protocols were in place when they were here on this side are the same protocols. We have been having exchanges with my critic, who has visited supportive housing sites. If the member wants to visit a supportive housing site — and I do appreciate her comment on not just showing up, but a scheduled time — I don’t see why that’s a problem. I appreciate the questions, and I’m not aware of people being told they’re not able to go.
That being said, if I can just add two responses to previous questions. My critic had asked me about coroner’s reports and deaths. In 2023, there were 2,299 deaths across B.C. Three hundred were at B.C. Housing supportive sites.
My colleague from Peace River North asked about a specific site, a B.C. Housing building near Site C. To him, there are about 25 units there. The lease ends in September. We are having conversations with Hydro about their expectations. If, for some reason, they decide that they don’t want to continue with those sites, they will be made as affordable rental units within the community.
The Chair: Recognizing the member for West Vancouver–Capilano.
K. Kirkpatrick: Thank you. Welcome to the chair.
Thank you to the minister.
I also would like to thank the member for Prince George–Valemount, because many of the questions that she asked I really think kind of narrowed down and were more specific in terms of the broader questions I was asking about supportive housing earlier. I found that was quite helpful for me just to understand more.
If I can just clarify the answer that the minister just gave me in terms of deaths in supportive housing. The numbers 2,299 and then 300 were in B.C. Housing supportive housing. I didn’t understand what the 2,299 number was.
Hon. R. Kahlon: What we are told from the coroner’s report is in 2023, there were 2,299 overdose deaths. Three hundred of those were at B.C. Housing supportive sites.
K. Kirkpatrick: Thank you to the minister. The question wasn’t specific to overdose deaths, so that’s why I was confused about what that number was. It was deaths within…. So deaths regardless of reason within B.C. Housing’s supportive housing.
Hon. R. Kahlon: If there is an overdose, the coroner’s office records that. If someone passes away of old age in a supportive housing site, that’s not something that is tracked by the coroner’s office.
K. Kirkpatrick: Thank you to the minister.
Well, with respect to the overdose deaths, then, the 300 in B.C. Housing in the previous year…. How does that compare to years prior to that? Is that kind of a consistent number?
Hon. R. Kahlon: We’re going to have to reach out. This information is not Ministry of Housing information.
We’re trying to get information from the coroner’s office for the member. If it’s okay, we’ll continue, and we’ll try to reach out to see what information we can get for the member.
K. Kirkpatrick: Thank you. I appreciate that there are many different groups involved in these kinds of numbers, although I would say that this is Ministry of Housing information that should be had because it is happening within B.C. Housing supportive housing sites.
I’m going to ask a few questions on BC Builds. Then I’m going to turn it over to another of my colleagues for some questions.
We were really excited about finding out what BC Builds was all about. It was really touted as being kind of this big solution to our housing crisis.
Considering Lisa Helps’ assertion that B.C. Housing is neither affordable, supportive nor subsidized housing…. Can the minister clarify for whom exactly the housing is designed, especially given the acute nature of our need for affordable housing in B.C.?
Hon. R. Kahlon: I won’t comment on the comment. I’m not sure what context or where that came from.
I’ll just say…. We came up with the BC Builds concept. The member is aware…. The federal government has seen the concept and now is expanding it across the country. I know Quebec and Ontario are creating something similar.
This is another piece, another tool for us to address the challenge we have in housing. Just this week, Delta council had a briefing on BC Builds. Communities are getting briefings all the time.
The idea is to be able to use lands, whether it’s municipal, provincial, federal, faith-based groups, to build housing for middle-income earners — 30 percent rent to the people’s incomes for middle-income earners — so that we can attract the health care workers, the teachers, all the important employments that we need, the workers that we need in our community. So that’s the target.
Of course, this is an additional piece to what we already do. We’ve been talking about shelter, supportive housing, low-income housing, Indigenous housing. This takes B.C. Housing into an expanded space.
It’s a partnership. We’re going to have not-for-profits partnering with us. We’re going to have the private sector partnering with us. It’s a model that clearly has caught interest across the country.
K. Kirkpatrick: Thank you to the minister.
Considering that many British Columbians are spending more than 30 percent of their incomes on their housing costs…. Why does BC Builds just target to only build 4,000 rental apartments over five years? How is that sufficient to this housing crisis?
Hon. R. Kahlon: At no point have I said that government will be the only one building housing to address the housing crisis. I have always said, from the beginning, that we’re going to need the private sector. We’re going to need not-for-profits. We need government involved in the housing business to ensure that we have the housing we need.
This was a new concept. The targets we’ve set were based on the fact that this is a new concept. We can expand. We can grow as we move forward.
If the member is asking me if BC Builds alone will solve the housing crisis, I will say that BC Builds is an important part of the different types of housing that we need in our communities.
K. Kirkpatrick: Thank you to the minister.
Now, the Premier has criticized the previous government’s reliance on the private sector for housing solutions. Yet under the NDP, rents and home prices have continued to rise.
How does BC Builds materially differ in its approach to curbing these trends?
Hon. R. Kahlon: We’re going to stray into some politics here. I can tell.
Interjection.
Hon. R. Kahlon: Weird. Exactly.
I will say…. Just today I was asked by the media about Little Mountain. I won’t go too much into it. I’ll just say that there are examples of what we don’t want to see.
What this does is…. It ensures that the lands that are publicly owned stay publicly owned and that we’re able to build affordable housing for people in our communities.
K. Kirkpatrick: Thank you to the minister.
The program aims at middle-class individuals, with eligible households earning between $131,000 up to $191,910 annually. How does the ministry reconcile this approach to increasing housing with the needs of low-income British Columbians who are facing the brunt of the affordability crisis?
Hon. R. Kahlon: We are already investing in that space as well. This is in addition to those investments. This housing doesn’t require ongoing operational subsidies.
Individuals earning less than what is in this program…. That is the type of housing that B.C. Housing is already investing in and already building. This expands that into housing opportunities for people beyond that.
K. Kirkpatrick: Thank you to the minister.
It’s not clear there are clearly set out operational plans for BC Builds. How does the minister ensure that there will be transparency and accountability in the allocation of the $2 billion funding, particularly in light of concerns over the program’s vagueness?
Hon. R. Kahlon: We’re going to be making the full program framework public.
Interjection.
Hon. R. Kahlon: Oh, it’s already on the website. We can send the member the link.
K. Kirkpatrick: Thank you to the minister.
Can the minister provide specifics — perhaps this is in what we just referenced — on how the eligibility and income verification processes for BC Builds are going to ensure that we’ve got fair access to housing? Again, that’s especially for those in dire need.
Hon. R. Kahlon: The not-for-profit partner or, maybe, a First Nations partner that will be operating the building will be responsible for that. It’s a similar framework that we have for the other incremental projects that are within B.C. Housing’s purview.
K. Kirkpatrick: Thank you to the minister.
Some of my questions may be in this document. I haven’t had time to read it, so I’m just going to ask.
Actually, if I just might ask the minister, to start with…. When was this document available, and where would people have been able to have access to it?
Hon. R. Kahlon: This was posted on B.C. Housing’s website, I believe, on February 13. It is available online. Either a Google search or…. If the member needs the link, we can try to get the link to the member.
K. Kirkpatrick: Thank you to the minister.
I’m pretty good at Google. I’ll find that and take a closer look at the electronic version.
Does BC Builds plan to prioritize local residents in areas with a high demand for housing, considering…? The details so far have been vague on prioritization and how we focus on the critical pieces of the communities.
Hon. R. Kahlon: There is some flexibility within the parameters for whichever entity owns the land.
For example, the city of North Vancouver, which was the first project we announced…. There’s an interest from the city to ensure that its housing is available for Royal Columbian, for the folks who work at the port, for people who are working within the city.
There’s flexibility within the program for the landowner to have those provisions that target specific populations within their communities.
K. Kirkpatrick: Thank you for the answer.
Given the uncertainty surrounding targeted market rents and potential subsidies within BC Builds…. Can the minister explain how the program will remain accessible to its intended middle-class audience without becoming an inflated market rate housing option?
Hon. R. Kahlon: There will be program agreements, as well, on title elements. It’s not like you can move somebody out and charge market rents. There will be both provisions put in place.
K. Kirkpatrick: If I can just confirm with the minister also, what we were looking for was kind of a detailed operational plan. Just at first blush, this is a very light framework, as opposed to something that has got a lot of detail in it. Is this considered the operational strategy? What other documents can be provided to help people understand how the program works?
Hon. R. Kahlon: Perhaps the member could share what kind of detail the member is looking for. Then it’ll be easier for me to answer.
K. Kirkpatrick: Well, I would need to understand the program in greater detail to know specifically what detail I’m looking for. If I might come back to that when we continue on Monday, then I will have had the opportunity to read through this more thoroughly.
If at this time I could pass the floor to my colleague from Kamloops–North Thompson, he has a few questions to ask.
P. Milobar: I was surprised by my colleague earlier when she said not to bring politics, and I really think the minister said not to bring politics into this. Either way, I’m going to bring politics into it, because last I checked, that’s what we’re here for.
No, in all seriousness, just a couple of different projects in Kamloops that I have some specific questions around, mainly pertaining to B.C. Housing — the first one being in what’s commonly known as the government precinct.
It’s behind our courthouse, and there are some other government buildings there. The far eastern corner would be where the old highways works yard was. It abuts the hospital in the very back. Just before Peterson Creek Park, there’s what is called Glenfair Seniors Housing, which has been around for as long as I can remember. I have been there since the early ’70s, and I think it predates that. That’s for seniors that have been living in there month to month for years.
My understanding is B.C. Housing has now acquired a portion of the government lands, and the conversation in Kamloops over the last little while has been that indications are that this will be a B.C. Housing complex for short-term housing, not longer-term residency. I’m trying to get clarification if indeed B.C. Housing has a site behind the courthouse in the government precinct area. That’s referred to in Kamloops terms.
If it’s for short-term housing, what will be the clientele, and how many units will it be?
Hon. R. Kahlon: B.C. Housing has been having conversations about housing. We’re not at a point yet where we’re prepared to make anything official or public, but we certainly will when that point comes.
P. Milobar: Well, in the backdrop of a housing crisis, my understanding is that the first discussions on this date back possibly even to 2020. Certainly, by 2021 there was an acknowledgment that B.C. Housing was working on something back there.
Here we are in mid-2024 and no clear timeline or definition of what is going to happen. On a backdrop where BC Builds purports to be looking to provide government land to build housing, this seems to be a site that is government land and has been in talks for 3½ years now, and nothing further to report. What is the actual timeline on something actually being built, then, on that site?
Hon. R. Kahlon: The member knows that we’ve been making investments in Kamloops to get housing online for people. When we have more information about the specific site, we certainly will make that public.
P. Milobar: I guess part of the problem and part of the issue in Kamloops, frankly, with B.C. Housing projects over the last while is that the Fortune Motel was bought without an operator in mind, without a clientele identified to the public. It turned into a “just trust us” exercise with the community. I had to meet with community members on that. They were fine if it was, say, going to be for low-income seniors but not necessarily if it was for people that were newly released from incarceration and that type of thing.
Then the project sat. Pipes burst. Extra costs had to be dealt with because the building was sitting dormant through a winter period and wasn’t properly winterized, while B.C. Housing was trying to figure out what it was going to do with this property. That’s in the same timeline as this Glenfair property, which has been the subject of discussion around planning tables of the city, publicly talking about it, yet the minister is unable to provide, over three years later, any clarification on what is moving forward.
The Glenfair area itself is owned by B.C. Housing. Those are the areas I was talking about previously. They’re one and two storeys high. They were built between 1958 and 1982. Those have been providing stable housing for low-income seniors for all that time, which is great. I think everyone wants to know what the actual plan by the government and B.C. Housing is to support those tenants long term, and what this type of housing is going to be.
Is the minister saying that despite repeated open houses and feedback from the city…? We have Coun. Bill Sarai, back as far as 2021, saying that he was going to be pressing the government for more action on this, and here we are in 2024 with no action taken.
Is there nothing in this budget to start moving that project forward with B.C. Housing, or is it just still a plan for the future? I mean, the minister talks about Little Mountain today. This seems to be a chunk of government land that, literally, the government hasn’t taken action on to get building with.
Hon. R. Kahlon: I did have a chance to meet with Councillor Sarai and a few councillors a couple of months ago when they were all here for a housing conference led by UBCM. They have expressed a desire to have more housing built in the community. I also spoke to the mayor, as well, there, and we talked about housing.
What I’m saying to the member is that when we have information around what’s going to happen on that site, we’ll certainly be making it public.
I think it’s also important to note we have opened 506 housing units in Kamloops. We have about 300 under development, and we’re prepared to commit more resources to Kamloops to ensure there are more housing options available in the community. It’s something that we’re prioritizing.
Kamloops plays an important role not only because of its location but also how it supports the smaller communities in the region. That’s why we’ve been making considerable investments in the community, and there are more to come.
Hon. H. Bains: I seek leave to make introductions.
Leave granted.
Introductions by Members
Hon. H. Bains: In the gallery today are really good friends and very important people. They represent unions in the building trades.
They are here led by Brynn Bourke from B.C. Building Trades; Phil Venoit, IBEW 230; Darryl Schmidt, IBEW 993; Jim Lofty, IBEW 213; Orfeo Pagliacci, DC38; Doug Parton, Ironworkers 97; Paul Beacom, Ironworkers 97; Jim Noon, UA 324; Paul Way, Teamsters 213; Brandon Dyck, IBEW; and Brady Carter, LiUNA 1611.
I want to say on their behalf and behalf of their members, these are the people who build this province. Their members do tremendous work out there during COVID, since and after.
I want to say thank you on behalf of British Columbians for the work that you do: build roads, bridges, hospitals, schools, you name it. I just want to say thank you on behalf of everybody.
Please help me give them a warm welcome.
Debate Continued
P. Milobar: Well, the problem is that B.C. Housing, on their own website, actually has information about this project. It’s more information than the minister is actually willing to give today. I’m not quite sure what the point of having budget estimates is if we can’t even get information that B.C. Housing has actually got on a public website to be acknowledged by the minister.
It makes it very clear. There’s going to be a central courtyard area that’s been expanded, a larger residential garden that was created. A second dog activity area was added. The revised development concept continues to plan for 340 new rental homes across four buildings, each building with six storeys. Sounds like a fair amount of detail is already public.
The revised development concept will form the basis of a future development application. B.C. Housing will continue to work with the city of Kamloops to revise the existing property lines, and in 2024 a complete development application will be prepared for presentation to the community and to the Glenfair tenants for future consideration by the city. This is from the B.C. Housing website. No wonder people are wondering what the heck is going on with the Minister of Housing and B.C. Housing when we can’t get just straight answers around timelines.
When in 2024 will the public be re-engaged on this process, this project, so they’ll actually know what is being proposed and the timeline for construction of what, by B.C. Housing’s admission, are buildings that would amass up to 340 housing units in that area?
Hon. R. Kahlon: I, too, want to welcome, first, Building Trades to the House. I appreciate the work that they and their members do. It’s nice to see them all here today.
The member asked me a question about details and then gave me the answer that we made public on the website. So you can’t say that we’re not transparent and not giving information and, at the same time, go into detail of all the information that we shared publicly.
Now, the member is more specific in a second question. He wants to know when we’ll come to the public, and I said to the member that very soon that will come forward. That information will be in the public at that time. I don’t understand what about that answer is difficult for this member to fully understand. We have made a lot of information on the website already, and when there’s more information we’ll be bringing it to council and making it public.
P. Milobar: Again, the very first question was whether this would be used for short-term housing, and that is what the minister refused to answer right from the hop. That is really the concern that is starting to percolate in the community: whether or not the usage is changing or the number of units is changing.
Has the intention of B.C. Housing changed, and are they now in discussions to create short-term housing on this area, versus what the community was perceiving to be much more stable, longer-term type housing like they have seen with the seniors housing that currently exists in and around that area?
Hon. R. Kahlon: Again I’ll say to the member that the plan for the area will be brought to council. When it’s ready, we’ll bring it forward. When it’s ready to bring forward, I’ll bring it to the member as well, so the member can have the details that he likes.
P. Milobar: Well, I’ve been around long enough in politics to know that when the government doesn’t want to answer a fairly straightforward question, we probably know what the actual answer is then. That would be that it’s sounding like what people are starting to hear locally, that in fact it is going to have some component of it being short-term housing with a yet-named potential operator. That in and of itself is not a bad thing, but transparency is what’s actually needed.
I referenced the Fortune Motel. Let’s just go a few blocks away from there with the Cherry Avenue apartments, which is another stellar purchase by B.C. Housing. That was bought for over three times assessed value. I questioned the minister about it at length last year. The minister assured us that due diligence had been done and that the repairs that were going to be done would be done by the person they were purchasing the dilapidated building from and that people would actually be moving, by September to October last year, into the 42 empty housing units.
Well, guess what happened. Winter came. No one was living in it. Pipes froze. Major damage. Does that sound like the Fortune Motel at all, literally a few blocks away? This is like a rinse and repeat of failed housing projects. Now, apparently the seller didn’t actually follow through on the repairs. No shock to anyone in Kamloops, despite the minister assuring everyone that due diligence had been done. The repairs are now more expensive, especially when you add in the frozen pipe water damage. We have 42 housing units that are still sitting empty that were purchased this time a year ago and no actual move-in date.
In fact, the best the minister can come up with in his answer in local media recently was: “Well, it should be sometime in September or October. We’re sticking to our timeline.” Well, that was the timeline last year. What is the new actual timeline that people can expect to be moving into Cherry Avenue apartments, and what is the total cost of all the work that needs to be done to make that building habitable, now that we’ve had the broken pipes and the failed purchase of a building that everyone in Kamloops could have told you was a teardown in the first place?
Hon. R. Kahlon: Just for the record, the property was going to be listed for 11.5. It was purchased for 11.2. We did canvass this last year, so it’s in Hansard — that appraisals were done, independent of government, by a firm. I believe it was from Kelowna.
And yeah, it is unfortunate for us, for everybody in the community, that the proponent that we bought this from didn’t live up to their obligation. The member is frustrated by that. I’m frustrated by it as well.
Now, that being said, our goal is to get this project fixed up and get people indoors. We had some challenges. It’s true there was a delay. There are challenges getting trades into that building. There were challenges, yes, when the contractor didn’t live up to their part and put some additional pressures on an entire project. We have teams in right now, B.C. Housing does, with contractors both doing the assessment of the additional work that needs to be done and giving us a clearer timeline. Our hope is to have people in by the end of the year but, in fact, may be in the new year.
P. Milobar: Well, the minister was warned all this was going to happen, in fact, right from the get-go, when it was made public. It was assessed at, I believe, $4.6 million, yet we topped out at closer to $12 million when all was said and done. There were a few hundred thousand dollars extra that….
The seller was supposed to self-do renovations, even though he left a building empty for two years after a fire and hadn’t done any of the work. Yet he was going to magically be trusted by this government to actually, with much haste, get the work done. I’m assuming the sale went through without that work actually finished. B.C. Housing actually has title to the land now.
Was there more of a holdback than the repair money, given the extra costs that the taxpayers are now going to have to pay to actually bring this building back up to be habitable? The minister said due diligence was done. I’m just wondering. If the proper due diligence was done, the taxpayer should have actually been protected by all these deficiencies and lack of work being done and not have to pay extra.
Was there any additional holdback from the purchase price, or did the vendor get their full value except for that couple hundred thousand dollars that was earmarked for repairs?
Hon. R. Kahlon: Yes, I can share with the member that the holdback amount was $250,000.
P. Milobar: Sorry, $250,000 is what was supposed to be used for repairs in the first place, and the repairs are going to be much more significant than $250,000.
I guess I’ll just…. This is, I think, my time for my last question, so I’ll give the minister a two-parter, with his indulgence, both relating to B.C. Housing. How much are all the repairs actually slated to be to make this building habitable after the pipes have frozen and everything else and an over one-year delay to get people living in that building?
Secondly, just down the road from that, on 8th Street, we had a proposal from CSI, who has had other B.C. Housing projects in Kamloops, with great success. That was turned down for funding just recently, which would have seen a significant increase to affordable seniors housing on a flat, walkable area of the north shore. Why was that project rejected for funding as well?
Hon. R. Kahlon: I can’t get the information for the member right now on why CSI…. I assume it was that the community housing fund was not successful. I can share that any proponents that were not successful have been having meetings with B.C. Housing to get an understanding of that. I will be able to share with the member whatever information that is possible publicly about why that project wasn’t made available on this fund.
I can say that the fund, which is extremely larger than it has ever been in British Columbia, tries to make sure there is an equal balance of projects throughout the province — a certain amount of units in the Interior, a certain amount of units in the North, some certain on the Island and then in Metro Vancouver. So they are competing against other projects in the region.
The team is on site right now doing an assessment, and soon we’ll have information about what that additional cost is.
I. Paton: We’re getting late in the day.
There’s a conversation that just doesn’t seem to take place, but it’s a very important conversation when it comes to housing. That is the fact that we have 612 million hectares of farmland in British Columbia with bona fide farm families making a living on their farm, with the next generation of children coming along on their farms that are being restricted about housing.
My question is: where is the disconnect or the conversations that don’t seem to take place between the Ministry of Housing, the Agricultural Land Commission and municipal planning departments on housing for farm families and farm staff? The biggest joke going in the agriculture community now is with the legislation by the NDP that’s been put through, many bills in the last few weeks — that you can have more houses now on a city lot anywhere in British Columbia than you can have on a 200-acre farm in British Columbia.
My first question is: do you have conversations with the Agricultural Land Commission and their policies on housing on farmland in B.C.?
Hon. R. Kahlon: Surely the member understands that having more housing on land that was dedicated for housing than housing on agricultural land is a good thing. I know he’s an advocate for agriculture. I think he would understand. I mean, the way he framed his question was: why is there so much housing being built when it’s not being built on agricultural land? I don’t understand the premise of that.
Now, the member also knows this space really well and knows that the work we do in our housing is not something that we step into when it comes to agricultural land. That is the Ministry of Agriculture. And no, my ministry does not go to the Agricultural Land Commission to direct them or be involved in decisions made on agricultural land. That is done specifically by them and the Ministry of Agriculture. Our space is on developable land that was always intended for housing.
I. Paton: I want to be absolutely clear on my statement. I’m not suggesting in any way that the fact that I mentioned how many acres or hectares of farmland there is in B.C…. I’m suggesting that if you’re a bona fide farm family with an original farm home plate….
I don’t want to see any new housing built on black dirt soil, but we have original farm home plates that were built maybe 100 years ago with farm families that have room where barns used to be at one time to put a second or third home. Currently the maximum house size on an agricultural farm property is roughly 500 metres squared. If a farmer asked for a second home on the farm, it would be 90 metres squared, which is 970 square feet.
If you have a farm family on a bona fide farm, with children that have come along that have now grown up and have families of their own, do you feel that 970 square feet is an ample size for a family with two or three children as the second home on a dairy farm or a vegetable farm?
Hon. R. Kahlon: I will repeat that anything to do with agricultural land is not within our ministry.
I will make a comment, though. My friend across the way was on council in Delta. I am aware of many projects of building housing on agricultural land that came to council at that time, and many were rejected. Surely, the member would appreciate — and I know he does, in fact — that decisions on agricultural land are much more complicated than on lands that are meant for housing.
I will repeat the main point again — that agriculture land and housing on agricultural land is a different ministry. Our ministry focuses on housing on lands that were intended to have housing on it, and that’s the separation between the two.
I. Paton: Thank you to the minister for that answer.
I guess my question would be, as the Agriculture critic, how would I go through to the Ministry of Agriculture or the Agricultural Land Commission to create change where we could see a second or third home on a bona fide farm with farm family members or farm workers that need to work and live on that farm?
I’ll give you an example of a dairy farm in Smithers, B.C., where children on that farm, with children of their own that are grown now, are living in an apartment in downtown Smithers and commuting 20 kilometres to the dairy farm in Smithers because they are not allowed a third home on the farm for farm family members.
So my question is, what channels would I go through to see a change in the number of homes that are allowed on a bona fide farm in British Columbia?
Hon. R. Kahlon: If the member wants to advocate for more housing on agricultural land, he certainly can raise these questions in estimates with the Ministry of Agriculture, can take the conversation to the Ministry of Agriculture and, of course, can always write to the Agricultural Land Commission directly.
Again, if the member wants to see a lot more housing on agricultural land, that’s fine. That’s a great position, but that’s the avenue he should take that. Our ministry doesn’t focus on agricultural land.
I. Paton: I’ll wrap by just saying I want to be perfectly clear. I’m not asking for more houses on agricultural land. I’m asking for bona fide farm families that have an existing farm home plate that’s already been covered with gravel or fill material with barns and houses on it, from maybe a hundred years ago…. That’s where I’m asking for more farmhouses to be able to go for bona fide farm families in this province.
I have an example of a farm family that I met from Chilliwack that actually have a farm. They’re bona fide dairy farmers with a 20-acre farm, and they would like to put a second house on the farm for the next generation to come along. They’ve been told that they cannot ask for a variance — I’ll use the term variance — to 970 square feet.
I’m asking the minister. Would you consider…? How would I go about looking for a variance to a farm family, with the next generation, with children of their own, being able to ask for a house that is bigger than the 970 square feet? They’re actually only asking for about 1,400 square feet for a house.
Hon. R. Kahlon: Again, if the member wants to advocate for more housing options on agricultural land, this is not the place. I don’t know how many times I can repeat the same answer.
Our ministry focuses on housing on lands that were already dedicated for housing. If the member wants to see more housing on agricultural land, he can take that advocacy public. I guess he is. He can take it to the Agricultural Land Commission. He can raise these questions with the Ministry of Agriculture.
P. Milobar: I’ll just ask one or two more questions on Cherry Avenue. The minister indicated a $250,000 holdback. Does the minister feel that…? That works out to about $5,000 a unit for units, some of which have been burned and need massive repairs done to them. Does the minister feel that the repair work on this building, with frozen pipes and everything else, will be accomplished for $5,000 a unit?
Hon. R. Kahlon: What I said to the member was the same thing I said now. B.C. Housing is doing an assessment of what the needs will be. When that is available, our priority will be to try to get these units up and ready and get people inside, because we know the need for the housing is desperate in the community.
P. Milobar: Well, again, I’m just trying to get the timeline then. The pipes burst. First off, people were supposed to be living in there in September or October, originally. The building wasn’t ready, so no one moved in.
B.C. Housing didn’t maintain the building properly through the winter, so the pipes burst — B.C. Housing are the owners — despite the same experience happening just a few blocks away with a different building, over the same time frames, a couple of years earlier. No lessons were learned from Fortune Motel, I guess.
So the pipes burst. Spring comes. Everyone knows that the pipes had already burst and the damage has been done. We’re sitting here almost at the end of April, and there has been no proper assessment done by B.C. Housing at this point as to what scope and magnitude of work needs to be done to move people in. The minister is saying that the hope is that people will be living there in the next six to seven months, while also recognizing there’s a shortage of trades and everything else.
I’m just wondering how any of this timeline actually matches up to anything other than at least another year before people are living in there, and how B.C. Housing, six months after pipes burst, still does not have a handle on scope and scale and cost to actually get 42 empty housing units having people living in them, in the middle of a housing crisis.
Hon. R. Kahlon: Again, it is unfortunate that the proponent did not live up to their responsibility. I’ve already said that on the record. Not happy about that.
Again, our goal is to have people into this housing as soon as possible. It may be the end of the year; it may be into the new year. But we know there’s a need for housing. That’s why we’re making investments in the community. We’re going to continue to do that, make important investments in Kamloops and communities throughout the province.
I move that the committee rise, report progress and ask leave to sit again.
Motion approved.
The committee rose at 4:58 p.m.
The House resumed; the Speaker in the chair.
Committee of Supply (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.
Committee of Supply (Section C), having reported progress, was granted leave to sit again.
The Speaker: Members, Her Honour the Lieutenant-Governor is in the precinct, so please remain seated while we await her arrival.
Her Honour the Lieutenant-Governor requested to attend the House, was admitted to the chamber and took her seat on the throne.
Royal Assent to Bills
Law Clerk and Parliamentary Counsel:
Budget Measures Implementation Act, 2024
Miscellaneous Statutes Amendment Act, 2024
Vancouver Charter Amendment Act, 2024
Land Title and Property Law Amendment Act, 2024
Budget Measures Implementation (Residential Property (Short-Term Holding) Profit Tax) Act, 2024
Housing Statutes Amendment Act, 2024
Police Amendment Act, 2024
Vancouver Charter Amendment Act (No. 2), 2024
Children and Family Development Statutes Amendment Act, 2024
In His Majesty’s name, Her Honour the Lieutenant Governor doth assent to these acts.
Hon. J. Austin (Lieutenant-Governor): ÍY SȻÁĆEL NE SĆÁLEĆE.
As always, it’s so wonderful to be among you this afternoon. I see we have a special guest here in the Legislature today, and I just have to say she’s absolutely gorgeous. So thank you.
I wanted, actually, to thank you. I was very pleased to co-host the Science Meets Parliament on Tuesday with the Hon. Raj Chouhan. Thank you so much for sharing that honour with me.
I wanted to thank all of you who participated in those meetings, who took time to actually speak to young scientists about their work and about how the policy sausage is made within government. Taking time for them to understand that, I think, was really a valuable thing to do. I know it has been an incredibly busy week for you.
I will say as well that in these scientists, you have an amazing resource at your disposal, and I would like to encourage you to use it and to take the opportunity to build those relationships with them, to learn about their work. I do feel it will be invaluable to you in the really important work that you do.
Take care. I shall see you again soon, and all the very best, as always.
Her Honour the Lieutenant-Governor retired from the chamber.
[The Speaker in the chair.]
The Speaker: Thank you, Members.
Before I ask the Government House Leader to continue, I would again remind all the members not to wear any pins of any nature or parties or any symbols. Please be careful. Thank you.
Hon. R. Kahlon: I call continued estimates for the Ministry of Housing in the main chamber.
Committee of Supply
ESTIMATES: MINISTRY OF HOUSING
(continued)
The House in Committee of Supply (Section B); J. Tegart in the chair.
The committee met at 5:13 p.m.
The Chair: I’ll call the committee to order.
On Vote 33: ministry operations, $1,033,255,000 (continued).
K. Kirkpatrick: Rather than starting into another large chunk here, I’m just going to ask some one-off questions that, perhaps, the minister can help me with.
I’m curious. With the $500 million set aside for the rental protection fund and the requirement for non-profits to still be paying the property transfer tax on their purchases, how much of that $500 million is actually going to come back to government in the form of the property purchase tax?
Hon. R. Kahlon: I think it’s important to note that the $500 million is not in government. The $500 million went to the rental protection fund.
For those that maybe are watching…. Maybe somebody is watching. I think it’s important to note that the rental protection fund has three entities: the Aboriginal Housing Management Association, the not-for-profit association as well as the B.C. co-op association.
They are now the entity that runs the $300 million. Each project independently would go through them. So we wouldn’t have that data available to us.
K. Kirkpatrick: Thank you to the minister.
My understanding, though…. I mean, $500 million was set aside by this government and provided to the governance of these three different organizations. But ultimately, because these non-profits are still going to have to pay a property transfer tax when they purchase this property using the money from the funds, regardless of who is administering the money…. How much of that $500 million would come back to government in the form of property transfer tax?
Hon. R. Kahlon: I appreciate where the member is going with it. It’s just information that we don’t have. This is something the Ministry of Finance would maybe have, but again, they would need to go through each individual property that the rental protection fund has acquired and then do calculations. It’s information we simply don’t have.
K. Kirkpatrick: Thank you to the minister.
I appreciate that. I do think it highlights a point, though, that in programs like this and the need to support non-profits, it’s a bit…. The word’s not “misleading,” but with respect to having provided $500 million and then receiving…. It’s about $30 million, I anticipate, that government would get back in those taxes. It’s not $500 million, then, that has been provided for the purchase of properties.
I’m going to jump to Bill 44, a question on Bill 44. How many of the municipalities have either asked for extensions or are you aware of that there are going to be extensions required to meet the June deadline for adopting their zoning bylaws?
Hon. R. Kahlon: At this point, we’re not aware of any community requesting that request.
K. Kirkpatrick: What happens in communities where they’re simply not able to meet that June 30 deadline?
Hon. R. Kahlon: There is a process for areas and communities if their infrastructure doesn’t meet that need. There is a process for that. My conversations with many communities, most of them…. My expectation is that they will get their OCPs and bylaws done.
I met with Campbell River this morning. They told me they are en route. Delta just passed their third reading. Kelowna is well ahead of things. Vancouver just had a big public hearing about their changes. So far, most communities are making good progress on aligning their rules to Bill 44.
K. Kirkpatrick: All of the communities that the minister just mentioned were fairly large communities or communities that have got capacity or likely have capacity within their planning departments. I’ve been hearing from a number of smaller communities that capacity is a significant issue here — capacity and also experience. One community where their CAO is taking on this project right now….
What does the minister say to these communities that are having real challenges and very legitimate challenges in having capacity to be able to do this work in the time frame that has been required.
Hon. R. Kahlon: We’ve provided a pretty comprehensive site-centred document to ease some of the load from local governments. I’m not sure the size of communities the member is referring to when the member says she that has spoken to some communities. I mean, Campbell River is not the biggest community, but their team shared with me this morning that they have no issues meeting their timelines.
We have provided resources. The way we distributed dollars — we did scale it slightly higher for smaller communities so that they can bring in contractors if they need it. Most communities will bring some consultant in.
We have also encouraged local governments to pool resources. I know Metro Vancouver is leading some of the conversations for the cities in Metro Vancouver. We are encouraging the CRD to do that as well, because the rules should be fairly similar amongst all those jurisdictions. We have provided dollars to communities. So far, we’re seeing that communities are moving forward with the changes needed.
K. Kirkpatrick: In moving forward with Bills 44, 46, 49 and all the new housing legislation which is going to impact planning departments and the way that they’re operating, does the minister anticipate that there are going to be staffing shortages within planning departments and communities?
There are a limited number of planners. There is a lot more work that is going to be expected of them, particularly in a short period of time. Right now in conversations with UBCM, it looks like the only places they can find planners are in other communities, who are then going to be losing them. Has that been anticipated? What might be done to help that staff shortage?
Hon. R. Kahlon: Labour shortage challenges, whether on the planning side or on the trade side, is a major issue that we’re dealing with Canada-wide, North America–wide. I think part of why the pieces of legislation we brought forward are important is that it’s about streamlining processes.
We’re also doing other work. We’ve got an initiative right now with 14 pilot communities and one First Nation, where we’re moving to digitize a lot of the building permit process. We’ll be making that very public soon in the communities and launching a new platform that allows for a proponent to submit their application in a digital form and checks the application for completion. It has the ability to do automatic code compliance checks and then route it to the local government or local authorities that need to see it.
Our goal, over the years, is to scale that up so that proponents are able to actually see comments that are being made by staff. Why that’s important and why digitizing is going to be important is that that’s one tool to create efficiencies in the process. It also creates more transparency and certainty for the construction industry. We have a table with architects, engineers, UDI, ULI, local government partners. All of them are at the table, helping design what this tool can look like. That’s just one way that we’re looking to address the future challenges we may see.
K. Kirkpatrick: Thank you to the minister.
I know the minister follows me on Twitter, as I follow the minister on Twitter, and I made some posts yesterday with respect to the targets, particularly in the city of North Vancouver, being imposed on a city that is really punching above its weight as far as most communities would consider.
Can the minister explain the rationale? I will ask on the city of North Vancouver specifically. Generally, how are these targets being selected in these particular communities?
Hon. R. Kahlon: It’s certainly not me picking and choosing. I know some communities have said: “Well, we’re friends. Why are you doing this?” It’s not about friendship. It’s about the data. And the data is showing which communities need to go through it. It’s a couple things, I’ll say.
What historically has happened with Canada when they look at infrastructure and grants is that they’ve created their own tools; we’ve had our own. They’ve got their own modelling; we’ve got our own modelling. What we’re trying to do with the housing targets is align all three levels of government. Now we have an understanding with CMHC. We’re the first province to align our target methodology with theirs. Now our local governments will be aligning. So all three levels will align.
What Canada has indicated is that when they go to assess dollars for infrastructure for grants, and they’re associating it with housing, B.C. will be ahead of the game because we have already aligned everything. It’s reducing workload for our local governments when they make those applications, and it’s good for Canada as well. I think that’s one piece.
We have a comprehensive model that we’ve created. I’ll just say that North Vancouver is a good community. They’ve done some good work. I’ve said that on the record. I’ve said publicly that Kelowna has been doing some good work. In some communities, they need to build more housing. In some communities, they need to make different types of housing, produce different types of housing. Some need more three-bedroom units, some two-bedroom units. For some communities, they need more middle-income housing.
In North Vancouver city, they need more middle-income housing, rentals in particular, in their community. That’s why BC Builds was so important for the community. We’re partnering with them to do that. I have all the confidence that the city of North Vancouver will reach any targets that are set. We’re going to do that work with them over the coming weeks.
I look forward to having more conversations about this next week with the member.
With that, I move the committee rise, report progress and ask leave to sit again.
Motion approved.
The committee rose at 5:26 p.m.
The House resumed; the Speaker in the chair.
Committee of Supply (Section B), having reported progress, was granted leave to sit again.
Hon. R. Kahlon moved adjournment of the House.
Motion approved.
The Speaker: This House stands adjourned until 10 a.m. Monday, April 29.
The House adjourned at 5:27 p.m.
PROCEEDINGS IN THE
DOUGLAS FIR ROOM
Committee of the Whole House
BILL 17 — POLICE AMENDMENT ACT, 2024
(continued)
The House in Committee of the Whole (Section A) on Bill 17; S. Chant in the chair.
The committee met at 1:04 p.m.
The Chair: I call Committee of the Whole on Bill 17, Police Amendment Act, 2024, to order. We are on clause 80.
On clause 80 (continued).
M. Morris: I’m still struggling with the broad definition of the laws of an Indigenous governing body. So this is prescribing a designated policing unit the ability to enforce the bylaws of a municipality or regional district and the laws of an Indigenous government body or other laws, and I’ll get into that as well.
Part and parcel of this, the other part of this, has “the care, custody and supervision of persons held in a place of detention.” To me, this is pretty heady stuff. So the definition of Indigenous governing body means: “An entity that is authorized to act on behalf of Indigenous peoples that hold rights recognized and affirmed by section 35 of the Constitution Act, 1982.” Every First Nation in the province, and across Canada, is entitled to this. They fall under this umbrella. So this is a broad definition.
I’m just trying to find out what these laws are. Where are they, and how do we gain access to them?
Hon. M. Farnworth: I appreciate the question from the member, and hopefully, this will add some clarity and comfort for the member.
This section is a regulatory power–making section. To be able to use this section, it would have to come by regulation. Regulation would be required. That means it would have to be by cabinet.
The regulation would have to identify the specific Indigenous governing body, and it would also have to specify the specific law that they wish to have enforced. Nothing could be done unless it was authorized through regulation specific to a particular Indigenous governing body and a specific law that they would wish to enforce. That’s the only way that this could be used.
M. Morris: I certainly understand that. I guess what I’m concerned with…. So it’s in a regulation, and it pertains to part 1 or 14.06, where it laid all this out earlier. I understand that part of it as well. But I have trouble with an Indigenous governing body, a very broad statement, enforcing the laws of an Indigenous governing body.
I am wondering if the minister could give me an example of the laws of an Indigenous governing body that are outside of the ability, already, with police to deal with bylaws that are duly constituted under the Indian Act and any that might pertain to a treaty that also have been duly constituted.
Hon. M. Farnworth: For further clarification, this section does not apply to municipal policing. It doesn’t apply to provincial policing. It only applies to designated policing units or DLUs, designated law enforcement units.
First, they would have to be the creation of a DPU if an Indigenous governing body wanted to create…. First, that would have to happen.
Then the regulation would have to be prescribed, saying: “This is the law that you can enforce, and that’s it. You can’t enforce anything else other than that.” It would give them the authority to do that. Sometimes, even now, there’s not necessarily…. There’s hesitancy around authority. So this clarifies that.
E. Ross: I’ve always struggled with this definition, “Indigenous governing body,” because the definition really speaks to Aboriginal rights and title and the representation of that, which is totally separate from the law — Canada’s laws, B.C. laws. We make that distinction in treaty negotiations, whether we’re talking about Tsawwassen or Nisg̱a’a, for example.
The problem I have with it is because when you’re talking about somebody that’s representative to speak on behalf of the communal right of Aboriginal rights and title, we haven’t fully defined that either. In most respects, we’re really talking about councils, which are legal entities. They’re codified with Canada. They’re codified with B.C. It’s a legal entity that actually understands their liability and responsibility as being elected by the people.
I go as far as to say that they haven’t even addressed the idea of the ability of an elected council to represent Aboriginal rights and title. I think it’s a question that still has to be answered for many band councils, and for that question to be answered, not just for elected councils but for non-profit societies that tend to represent Aboriginal rights and title on behalf of communities.
I do question how non-profit societies came to that representation because Aboriginal rights and title is a communal right, so it only stands to reason that the members of that band should have had some type of process to delegate whichever authority it is to represent their Aboriginal rights and title. Never have I seen any organization representing rights and title saying that they have the right to represent their rights and title in a legal aspect when we’re talking about the laws of B.C. and Canada, except for treaty negotiations, and that’s where it’s explicit.
Can the minister explain to me, when you’re talking about the representation of Aboriginal rights and title, are we including the non-profit societies and maybe even individuals that purport to represent rights and title currently as we’re seeing today?
Hon. M. Farnworth: I thank the member for the question. The answer would be no. No, to societies. No, to individuals. The meaning is that in the future, other Indigenous governing bodies may have law-making authority as a result of an agreement, legislation or a court case. And that’s how it’s intended to work.
E. Ross: Thank you to the minister for that answer.
I presume, for the purposes of liability and safety and well-being of not only Aboriginals but non-Aboriginals as well and also for the liability of Indigenous governing bodies and the provincial government, there will be a process to determine who represents the rights and title, unless the government is considering changing the definition specific for this bill. The definition of IGB is pretty broad and pretty specific to representing rights and title, which I can see in terms of maybe some rights and title considerations, consultation, accommodation considerations, in terms of the resource industry, but I can’t see it applying to….
How does it exist beside Canadian and provincial laws, especially when you’ve already told treaty nations like Nisg̱a’a and Tsawwassen and other treaty bands that the paramountcy of laws must exist? It has to exist. These treaty bands have already agreed to that. They’ve said: “Yes, we will not create our own laws; we’ll abide by speeding laws, murder laws, stealing laws and all that. We won’t take on that responsibility. We’ll leave that with Canada, B.C.”
I’m going to ask the minister: is there a process to determine who represents the First Nation in this respect, in terms of who has got the right to speak on behalf of the First Nations? And is it still going to be based on the idea that it’s First Nation bodies who represent the rights and title of their communities?
Hon. M. Farnworth: I appreciate the question from the member. If an entity approached us and said that they wanted to establish a designated policing unit or a designated law enforcement unit, we would first consult with the Ministry of Indigenous Relations and Reconciliation to confirm if the entity has the authority to speak on behalf of the rights holders. That would be the process.
E. Ross: I haven’t seen it written down anywhere. What is the process to determine whether or not a body has the right to speak on behalf of Aboriginal rights and title holders? This is actually not only communities but, in my mind, band membership lists. So it doesn’t just have to be a community. If there is a process, I would love to see what process that is to determine who has that right.
Another question is…. Once you determine that there is authority to speak on Aboriginal rights and title…. I assume this is going to get bumped over to the other minister as well, but I’d like to ask it here. How is the government planning to deal with overlapping rights and title claims?
In some cases, there are ten or 12 First Nations that are actually claiming all the same territory. So you’ll have to figure out how you give one law-making authority, which is almost saying…. You’re almost making a decision to say, “Yeah, this is your territory,” and almost disregarding the overlap participants.
Hon. M. Farnworth: As I mentioned a moment ago, we would first be consulting and working with the Ministry of Indigenous Relations and Reconciliation.
What you’re talking about…. If those things could not be resolved, nothing would happen from within my ministry.
E. Ross: Thank you to the minister.
That’s actually a pretty good answer. It’s a tough topic. Believe me. Firsthand experience.
Anyway, Aboriginal rights and title is a really complicated topic. I mean, I’ve been studying it for 20 years, and I still don’t have a clear line on what it is. I know what it isn’t. Trying to interpret the case law is probably the hardest part.
This is actually a benefit, for lack of a better word, that will be afforded to First Nations bands who have Aboriginal rights and title. I’m assuming this is undefined title, asserted title. We have bands in B.C. that have defined title. We’ve got Tsawwassen. We’ve got Nisg̱a’a, Maa-nulth.
If the government does carry through with this and does make it to the point where it’s actually coming out in regulations…. They’re giving the bands that benefit of law-making authority. What I’m going to presume is that parallel to or within the paramountcy rules of Canada and B.C., which is actually included in the treaties of B.C., Nisg̱a’a will have that right to that same benefit.
Any benefits that go above and beyond the Nisg̱a’a treaty, for example, that exceed Nisg̱a’a provisions…. Nisg̱a’a has that right to go after that same benefit.
If the government does follow through on this — and it will pass, I’m presuming — then Nisg̱a’a will have the decision to make: do we go back and include this in our treaty? If that is what the Nisg̱a’a decide to do or Tsawwassen decide to do, you’re going to have to open up a constitutionally protected document. That’s Canada, B.C. and the First Nation. So it won’t end there. We’ve already seen the constitution document opened up for Tsawwassen, for example, for the reserve tax exemption status that was extended to Nisg̱a’a.
This is the same thing, but this is a lot bigger issue, because we’re really talking about the laws of B.C. and Canada and not really much detail in terms of where that’s going to land. But in terms of opening up the constitutionally protected document to afford this benefit to Nisg̱a’a and Tsawwassen, for example, is the government pursuing a plan on how to communicate this added benefit to Nisg̱a’a and other treaty nations?
Hon. M. Farnworth: I appreciate the question from the member.
In terms of Nisg̱a’a, I’m pretty sure they do, and I will confirm that for the member.
The other modern treaty nations that the member referenced already have that power in their treaties to create a DPU, a designated policing unit, or a designated law enforcement unit. That’s already there, but I’ll confirm for the member on Nisg̱a’a.
M. Morris: I realize under the previous discussions we had that these modern treaties do have that authority as an entity to do that.
This would be separate. This would be an entity prescribed, from what I understand. A lot of the existing First Nations communities aren’t a recognized entity unto themselves as per the definition under 1401 or whatever that was at the beginning there.
I am still curious. The minister did mention that the law-making for the laws of Indigenous governing bodies would be either through agreement, legislation or court decision. And I understand…. So just clarification on each one of those issues.
Agreement. As a government, we’re going to give you the right to make a law. What does that look like? Legislation. Is that according to the Indian Act and bylaws that a band or a duly elected band council can pass? How does that apply to an Indigenous governing body when they may not be elected, perhaps? How do they comply with Indian Act requirements? Then the third definition was court decisions. Maybe you can enlighten me on that as well.
Hon. M. Farnworth: I will deal with them in no particular order. First, in terms of the court decision, I think that’s pretty straightforward. The court says, and that’s the court decision, and province has to follow that decision. The other two, in terms of legislation…. You’d be talking something like the Indian Act, for example, if there was something done through the Indian Act.
Then in terms of agreements, I think you’d be looking at, primarily, treaty agreements or tripartite agreements involving the federal government, the province and the entity, the nation or the entity. I think that would be what’s meant by those three things that the member talked about or asked about.
M. Morris: I appreciate the answer. I guess I’m looking for, you know…. A court decision comes out and says, “The province must do this” — amend legislation or whatever the case is; and there’s a process that makes sure that it’s still constitutionally valid as a law of Canada under the constitution, supreme law of Canada.
Legislation. Yes, the same way…. We’re working on this particular piece right now, so there’s a process to make sure that it’s constitutionally valid as well. The agreement. We have a treaty agreement. We have different agreements in place where some kind of authority will be bestowed upon an Indigenous governing body.
Is that authority going to afford them the ability to make an enforceable law? I guess that’s what it’s all about: an enforceable law that will be covered as a designated policing unit.
Hon. M. Farnworth: The short answer, hon. Member, would be that cabinet would never pass a law that is not enforceable by regulation.
M. Morris: I’m sure cabinet would never dream of doing something like that, and I’m sure that all the people behind the minister in the hidden offices of the Legislature, drafting folks, will ensure that never happens.
This infers that the laws of an Indigenous governing body…. To me, that indicates that perhaps the Indigenous governing body will be making up laws and asking this designated policing unit to enforce them in a designated area. Is this what this section is saying?
Hon. M. Farnworth: I appreciate the question from the member.
Every law would have to take its ultimate authority from the constitution. It would still have to — obviously, as I said — come to cabinet, through regulation, and it would have to be specified for the area. It would have to be specified exactly what the law is that could be enforced. Other than that, nothing can happen.
M. Morris: Then, that leads to a different paradigm here for me. The laws of an Indigenous governing body, then, from the answer that the minister just gave, would be the laws of British Columbia, basically, or the laws of Canada.
I’m just wondering whether it’s even necessary to include the laws of an Indigenous governing body?
Hon. M. Farnworth: I thank the member for the question.
I think the answer to the member’s thing is that Indigenous laws are not considered laws of British Columbia.
M. Morris: Well, that’s interesting. So what is an Indigenous law, then, that the minister is referring to which is not a law of British Columbia?
Hon. M. Farnworth: It would be treaty law, for example, or they could be band council laws.
M. Morris: So those are the laws of British Columbia or the laws of Canada. They are part of that milieu of laws that enforcement officers have access to when they’re enforcing laws on First Nations lands or territories, along with the laws of general application that police generally follow. We’re talking about a designated policing unit enforcing Indigenous governing bodies’ law. You know, this is substantial, from my perspective, because this indicates that they’re enforcing a law. People will be held to account to obey whatever these laws are.
What kind of process does the policing officer have or use in enforcing that law? Under the natural laws of justice, everybody has an opportunity to stand up to it and ask for a hearing. Who interprets this law? Where is it written down? All the rigour that the Charter requires to be put into a law in order for somebody to enforce it and to be answerable to it as well.
Hon. M. Farnworth: All of those things the member just raised would have to be considered and in place before anything could even happen in terms of what was wanting to be done, in terms of a law — the creation of a DPU, allowing to do around a particular law. All of those things would have to be addressed.
M. Morris: Maybe we’re making progress; maybe not.
The laws of an Indigenous governing body indicate that the laws are there. It’s talking about the enforcement of bylaws of a municipality or regional district. Those are in place. We know they are duly constituted.
The laws of an Indigenous governing body — I’m not familiar with the laws of an Indigenous governing body and how they are developed and constituted and who maintains the level of scrutiny over those laws. Would they be required to be passed through the provincial legislation in order to be approved, or do First Nations governing bodies approve them themselves?
Hon. M. Farnworth: Perhaps I will give a couple of examples as to how it works, because, as I said, all of those things have to happen before anything could even come forward to cabinet. Two examples.
Tsawwassen, for example. They go through hearings. They go through proper council meetings. They go through proper procedures. It’s all on a website, so it’s there for everyone to see. It’s there for police to see. It’s right there.
It would be the same for an Indigenous governing entity. They would have to go through that kind of process in the same way band council resolutions and bylaws are developed. They have to go through a proper process, and all of that stuff has to happen before anything could even be considered at the provincial level.
M. Morris: I guess what has put me in the direction that I’ve been questioning on is the definition of Indigenous governing body, an entity that is authorized to act on behalf of Indigenous peoples that hold rights recognized and affirmed by section 35 of the Constitution Act. Again, that’s pretty broad.
If this is the laws of an Indigenous governing body, a little more clarity would be “the laws of a band council or First Nations community governing group,” or whatever.
Laws of a First Nations Indigenous governing body I think is pretty broad. It indicates that perhaps an Indigenous governing body could just develop their own laws outside of the provincial area. I’m comforted somewhat by the minister’s answer on that, and I’ll carry on, but it’s still something I have trouble with — the way it’s laid out in this particular regulation.
The other area that I just need clarity on is “the laws of an Indigenous governing body or other laws.” Is that other Indigenous law, or is that other provincial law or federal law?
Hon. M. Farnworth: Provincial and federal laws.
M. Morris: The other section here is subsection (B), “the care, custody or supervision of persons held in a place of detention.” When I read this and I read “the laws of an Indigenous governing body,” to me, that’s a significant thing where they’re taking somebody’s constitutional right, Charter rights, away, and they’re placing them in custody. That’s a very high level of requirement in any kind of legislation.
That’s what I was thinking about when I was looking at that particular statute, and the fact that this particular regulation does not talk about criminal law. It talks about bylaws and then the laws of an Indigenous governing body and then people in custody. Not very many bylaws have an arrest provision. Some do. Very few. Again, my awareness is pretty high with the way this is particularly worded.
Now, because it’s still under clause 80, we can probably go to sub 74.2(1)(e), where it talks about “the powers, duties and functions of a designated law enforcement unit and its enforcement officers, chief officer and deputy chief officers, including, without limitation, regulations that do any of the following.” So prescribe any parts of B.C. that you’re going to do that in; prescribe the law enforcement services that may be provided including, without limitation, in relation to “the enforcement of the criminal law, the laws of British Columbia, the bylaws of a municipality or regional district or the laws of an Indigenous governing body,” the maintenance of law and order, and the care and custody of prisoners.
This is a full-scale law enforcement or police unit, where you enforce all the laws.
Again, I can take comfort, with this definition in here, that the laws of an Indigenous governing body will be duly constituted laws under the provincial legislation that will be passed through the House and providing authority to this particular Indigenous group to have this law within their community.
Or it will be a duly incorporated law under section 88(1), the passing of a band council resolution — that it will be a law that the band council has duly looked at and has gone through first, second and third reading, in the same process that we all do to bring these laws about.
I just need some comfort that we’re going to see that in here.
Hon. M. Farnworth: Could you reframe it? Let’s put it this way: dumb it down for me.
M. Morris: I appreciate. Sometimes I can get a little bit jumbled in my questions as well.
The way laws are constituted in British Columbia, which are enforceable, particularly when we’re talking about the Criminal Code…. This is pretty significant stuff. We’re taking people’s freedoms away.
I’m looking for the Indigenous governing body. The way they bring these laws forward is through the same process that we would use in a municipality. They create a bylaw. It goes through first and second and third reading. It’s debated amongst the band council themselves. Once it’s passed, the bylaw is created.
Then it has to go to Ottawa to be approved under the Indian Act, under section 88(1) or whatever. I can’t remember exactly what it is. That gives me some comfort that that level is done. Or they ask the province to enact a law under whatever statute is required, an amendment to a statute, to have that governing body have that law applicable to them so that it can be enforced as well.
I just want some substance around this section to know that these are duly constituted laws.
Hon. M. Farnworth: I hope my response to the member answers the member’s question.
For example, the treaty process outlines the process by which the nation will make the law. It spells it out. That’s how it takes place.
M. Morris: We’re talking about Indigenous governing bodies that could be outside of a treaty. We have Treaty 8. We’ve got Tsawwassen. We’ve got Nisg̱a’a. We’ve got different regions.
Most of the province is not covered by a treaty. We have 204 nations in British Columbia. Most of them aren’t covered by any sort of a treaty, but they could still fall into the definition of an Indigenous governing body.
How would they develop their own laws?
Hon. M. Farnworth: I appreciate the member’s question. Hopefully, this will answer it for him.
Right now there are only two ways, treaty and Indian Act, to do what the member has been talking about. The act is written in a way to recognize the potential for future Indigenous governing bodies that have valid law-making authority. In the future, there may be ways. That’s why it’s written this way.
The key is that it would have to have valid law-making authority. Right now there are only two: treaty or Indian Act.
M. Morris: I appreciate that answer. It does clarify it somewhat. We could have saved a whole bunch of discussion going back and forth here if that had been part of the….
“The enforcement of the criminal law, the laws of British Columbia, the bylaws of a municipality or Indigenous governing bodies with valid law-making authority….” It would clarify that. Maybe the minister would consider an amendment putting that in there to provide me with some comfort or to provide the people of British Columbia with some comfort as well.
Going with that goes: who has the authority to do this when it comes to the Nak’azdli band in Fort St. James, the Tl’azt’en band just north of Fort St. James, the Yekooche band? They’re all part of Carrier Sekani. Who would be making the laws? Would it be the band council for Nak’azdli, for Yekooche, for Tl’azt’en, for Takla or Carrier Sekani?
Hon. M. Farnworth: Just a clarification for the member’s question on the way it’s drafted. He asked about the term “valid law.” The drafters, when they use the term “law,” mean “valid law and authority.”
M. Morris: I appreciate that. There’s no such thing as putting something in there without assuming that, I guess. But a lot of people, when they read this, are going to say: “‘The laws of an Indigenous governing body….’ Well, what is that? Where are they? We know what criminal law is. We know what bylaws are. We know what municipal laws are.”
I will go on from that. There are a couple of other questions I have on this section. At subsection (iii), under 74.1(1), it talks about: “exempt the designated policing unit, designated constables, chief officers or deputy chief officers, in whole or in part, from a power, duty or function under Division 1 of Part 3.1.”
Now, I’m just wondering why this particular section is here. If these individuals are out enforcing the law and doing it with good faith, there needs to be some protection in liabilities, some pushback, whatever it might be. I haven’t seen that before, the way it’s written.
Hon. M. Farnworth: This section is designed to deal with designating policing services that don’t provide boots-on-the-ground service but are operational, such as OCA.
M. Morris: I see that same clause is under the designated law enforcement unit. Basically, this doesn’t apply to the actual, accredited police officers enforcing the law itself. So this applies to support staff?
Hon. M. Farnworth: No, it wouldn’t apply to support staff.
M. Morris: It does say “limit the powers, duties or immunities that enforcement officers would otherwise have under section 14.15.” So we hire enforcement officers, and then we take their power away from them?
Hon. M. Farnworth: The member is correct that 14.15 provides the powers a member would normally need. Then section 74.2 enables those powers to be tailored for specialized enforcement duties.
M. Morris: Specialized enforcement duties. So an enforcement officer comes fully accredited from the Justice Institute, and a lot of his powers, her powers or their powers could be diminished or changed. So you’d have a fully accredited police officer, but you’d put them in another role with less responsibility, or would you hire somebody that is not a fully accredited enforcement officer and do that?
Hon. M. Farnworth: Enforcement officers are not police officers. There is a difference there, and you would hire based on what’s required. So this would then allow for the powers to be tailored to the role that they are, in fact, fulfilling.
M. Morris: This section talks about “the powers, duties and functions of a designated law enforcement unit and its enforcement officers, chief officer and deputy chief officers, including, without limitation, regulations that do any of the following.” Their point is, under this particular section, they’re referred to as enforcement officers. There’s a variety of levels of enforcement officers, then. You would hire an enforcement officer to carry a gun and take people’s authorities away and an enforcement officer that is not trained to that same standard?
Hon. M. Farnworth: Yes, there could be different categories of enforcement officers, but enforcement officers are not permitted to carry guns. Only police are allowed to carry guns.
M. Morris: This section deals with enforcement officers: “powers, duties and functions of a designated law enforcement unit and its enforcement officers…prescribe the law enforcement services that may need to be provided…the enforcement of the criminal law, the laws of British Columbia, the bylaws of a municipality,” etc., etc. This reads to me that an enforcement officer is a police officer that carries a gun. The designated policing unit is where they’re only doing the bylaws of the regional district and the municipality, but the criminal law doesn’t show that as included there.
The reason I’m spending time on this is because I’ve seen situations where police officers and enforcement officers can get into a pile of trouble just doing their due diligence work. They need the protections that are provided by this stuff that’s being taken away from them.
Hon. M. Farnworth: Hopefully, this helps the other members. Designated policing units — what they can do is outlined in 14.06. They don’t need a regulation.
Unless the regulations provide otherwise, “a designated policing unit has, under the direction of the designated policing board, the following powers, duties and functions: (a) to enforce, in the designated policing area, the criminal law and the laws of British Columbia; (b) to generally maintain law and order in the designated policing area; (c) to prevent crime in the designated policing area. (2) In addition to the powers, duties and functions described in subsection (1), a designated policing unit has the powers, duties and functions set out in the regulations.”
M. Morris: In our first discussions that we were speaking to under 74.1, it talks about “designated policing units,” and it has that same subsection, “exempt the designated policing unit, designated constables, chief officers or deputy chief officers, in whole or in part, from a power, duty or function under Division 1 of Part 3.1,” so it’s in both sides. It’s under the designated policing unit and it’s under the designated law enforcement unit.
I’m a little bit confused here. We’ve got a policing unit, a law enforcement unit, and the ability to take away their protection is in both of those areas.
Hon. M. Farnworth: A designated policing unit has the ability to do all the things that we just talked about. They can carry a firearm. A designated law enforcement unit, a DLEU, cannot carry a firearm.
M. Morris: Back to my question, then.
A designated policing unit has this exemption included in there: “exempt the designated policing unit, designated constables, chief officers or deputy chief officers, in whole or in part, from a power, duty or function under Division 1 of Part 3.1.” I’m trying to find out why that’s there.
Hon. M. Farnworth: Hopefully, we’ll get it there this time. The example I will use is OCA. They’re a designated policing unit, but it allows them to be exempted from some of those things that are in there, because they’re not operational, boots-on-the-ground DPU.
The Chair: At this time, I’m going to call a five-minute recess for the committee. If everybody can be back at 2:33 p.m. please.
The committee recessed from 2:28 p.m. to 2:41 p.m.
[S. Chant in the chair.]
The Chair: I call Committee of the Whole on Bill 17, Police Amendment Act, 2024, back to order. We are on clause 80.
M. Morris: Just to sum up. The laws of an Indigenous governing body…. The minister is….
With that statement and that definition under the act, for Indigenous governing body, that implies that all the laws this body will be responsible for are duly constituted under the Constitution of Canada and through the rigorous law-making process that we have — where it’s first, second reading — either at the municipal level, the regional district level or the band council level, or it’s approved by a band council resolution through section 88 of the Indian Act. Those are the laws that this is referring to and nothing else.
Hon. M. Farnworth: I think I’ve outlined the ways in which valid laws can be enacted through that process that we’ve talked about. And I can tell you the province would not allow the formation of a DPU or to enact, in any way, shape or form, laws that were not through a valid authority.
M. Morris: I’m trying to balance things out here before we move forward with this.
Band councils, duly elected band councils, that were processing a bylaw or performing a function as a duly elected governing body is one thing. But maybe we have a hereditary body that says that they are the governing body and we have councils that are in the mix that say they are the governing body and we have individuals that are individual keyoh holders within a territory who say they are the governing body over a particular keyoh, or their traditional territory.
That’s where I’m having the trouble, because of such a broad definition for this. I know the minister is saying that they wouldn’t let anything go by, but the interpretation of the act in front of me says that it’s open to all these different entities, and I would like to see something a little tighter on that.
Hon. M. Farnworth: Really, what I can say…. I understand the member’s question, and it really comes down to: is it the two ways we have today? Treaty or band? And in the future, there may be the formation that comes through the mechanisms I’ve talked about, through agreement or legislation or court.
I’ve also, I think, made it clear, in terms of the issues that the member for Skeena has raised around those things. Before it even gets to me, as Solicitor General, all of those things would have to be resolved through MIRR, coming to my ministry then to be able to take something to cabinet to create the formation of a DPU that had a specific regulatory function or specific regulatory power to enforce a specific, particular law.
That’s the best I can tell the member at this point.
M. Morris: I guess…. I probably just have to get it through my thick head. I’m familiar with regional district processes and municipal processes and provincial processes to create and enact constitutionally valid laws. I’m familiar with how band councils’ resolutions and bylaws work as well, so this broad term in front of me is just probably….
Perhaps the reader of a statute like this has to have faith in the system. That’s sort of the way I’m taking it. It’s not entirely crystal-clear to me that this won’t be a problem in the future the way this is worded. So we’ll leave that.
Clause 80 approved on division.
Clauses 81 and 82 approved.
On clause 83.
M. Morris: Just one question on this clause. Nope. More than one question on this clause.
Exempting a council of a municipality from section 30.2(3), the prohibition respecting detention guard duties, what conditions would the Lieutenant-Governor be considering in order to exempt a municipality from this particular one?
Hon. M. Farnworth: The short answer is some municipal detachments operate under federally owned facilities, and that’s why the potential exemption is there.
M. Morris: I can understand that, for sure.
It also talks about “for the purposes of section 30.3 (3) [safety officers], prescribing persons or bodies as safety officer employers including, without limitation, prescribing any of the following as safety officer employers: regional districts; government corporations; persons or bodies that operate educational or health institutions; or Indigenous governing bodies.”
What prerequisites would the LG be looking at before prescribing those categories that are in those subsections?
Hon. M. Farnworth: I thank the member for the question. Bill 17, because these amendments are scattered throughout the bill, places obligations on the employer of safety officers.
What we would do would be to assess whether or not the proposed employer could meet the duties that are outlined in the act, and if it is in the public interest that they should be providing public safety officers.
M. Morris: I appreciate the answer from the minister, which takes me to the next section.
Under 74.4(f), it talks about “the powers, duties and functions of safety officers, including, without limitation, regulations that do any of the following.” It gets into (f)(ii), “prescribe the law enforcement services that may be provided….”
I’m reading this as a safety officer: “provide the law enforcement services that may be provided including, without limitation, in relation to the enforcement of the criminal law, the laws of British Columbia, the bylaws of a municipality or regional district or the laws of an Indigenous governing body; the maintenance of law and order and the prevention of crime; and the care, custody and supervision” of persons held in custody.
To me, this looks like it’s back to an enforcement officer. I’m just wondering. Are the safety officers now going to be required to have the training to conduct criminal investigations and all of the things that are required in here? Would they have to go to the JI?
Hon. M. Farnworth: Yes. They are going to have to, be required to, take the training that’s necessary to fulfil their duties.
M. Morris: I guess maybe when I was looking at the safety officer concept earlier on, it’s the…. I could see the reason for it, because there was an absence of coverage for safety officers when it came to coverage and IIO investigations and those kinds of things, but the description of the duties here indicates that they’re almost a full-fledged police officer or an enforcement officer.
I’m just wondering why the extent of the duties listed under subsection (f) here. It’s much, much more than a guard or detention, somebody who looks after the cell block. So I’m just wondering what the minister is envisioning here. Why such a broad definition for this?
Hon. M. Farnworth: This sets the baseline for what they could do, and then later, through regulation, we’re able to narrow it down to what they will be doing.
Clauses 83 to 85 inclusive approved.
On clause 86.
M. Morris: Just a short question here, a clarification.
The external police service. It adds the definition of external police service, in relation to a municipal police department to which section 89…. So reporting death, IIO investigations and whatnot. It has, as part of this: “another municipal police department, provincial police service, or a designated policing unit.”
From our earlier discussions, designated policing unit in British Columbia is CFSEU — no? And transit is a designated policing unit, and the Líl̓wat First Nations band is a designated policing unit.
Hon. M. Farnworth: Organized Crime Agency, Stl’atl’imx and transit. Those are the three DPUs.
M. Morris: Are any of those units providing this kind of service right now to the IIO or to these kinds of investigations?
Hon. M. Farnworth: I’m not trying to avoid the question, but because it’s under the AG, you’d have to actually ask the AG that. We can endeavour to get the information for the member, though.
M. Morris: I suppose, at the end of the day, it’s probably inconsequential. I’m just looking at the work that those particular units do and the demands they have already to be called in to do something like this when there are other options. But it’s just an option that the minister has, obviously.
Clauses 86 and 87 approved.
On clause 88.
M. Morris: I just need a little clarification on this. It expands the application of this particular section: “Section 78 (1) is amended by striking out ‘a complaint concerning any conduct of a member’ and substituting ‘a complaint concerning any conduct of a member or former member’.”
I’m wondering if there is a definition of “former member” that the minister can provide.
Hon. M. Farnworth: It’s the current definition that’s in the current Police Act.
M. Morris: I guess what I’m looking at, the expanding this to deal with former members — is it just restricted to what’s in the Police Act, or is there something more that is intended with this particular section?
Hon. M. Farnworth: It hasn’t changed. It’s the same one, and I’ll just read it: “in relation to a complaint or an investigation under Division 3 concerning the conduct of a person who, at the time of the conduct of concern, was a member of a municipal police department but who after that time has retired or resigned and is no longer a member of any municipal police department, means that person.”
Clauses 88 to 94 inclusive approved.
On clause 95.
M. Morris: This particular section authorizes the chief constable to designate a qualified person to be a discipline authority instead of the chief constable. It says: “At any time after an investigation is initiated under this Part into the conduct of a member or former member of a municipal police department, the chief constable of the municipal police department may designate a qualified person to be a discipline authority, instead of the chief constable.”
I’m just curious — at any time. I guess I’ll just look to the minister to define what “any time” really means here. From the moment the complaint is received, or sometime after that?
Hon. M. Farnworth: It means from the moment the complaint is initiated to the moment the complaint ends.
Clause 95 and 96 approved.
On clause 97.
M. Morris: This is the section where the Police Complaint Commissioner could appoint a retired judge to exercise the powers and perform the duties and whatnot.
The question that one of the staff brought to my attention here is: does the minister believe this amendment satisfies recommendation 24 of the 2019 Special Committee to Review the Police Complaint Process report? Why not make it mandatory for the Police Complaint Commissioner to appoint a retired judge as the discipline authority when the conduct of concern is or was a chief or deputy chief, as per the recommendations in 24?
Hon. M. Farnworth: The key reason: because of the changes we’ve made to who will chair the police board, the likelihood of a conflict of interest, if you like, is significantly lessened. It’s not automatically the default disciplinary person who’s dealing with it, so there’s the ability to say: “You know what? If there is a perception, the complaint commissioner can appoint a retired judge.”
Clauses 97 to 116 inclusive approved.
On clause 117.
M. Morris: This is just a simple question, I guess. I’m looking for a definition of “systemic” in this “Power of police complaint commissioner to investigate systemic issues.” If I can get a definition of what that means.
Hon. M. Farnworth: I appreciate the question from the member.
It’s informed by the factors set out in subsection (2). I’ll just read them for the member: “(a) the nature and seriousness of the matter; the prevalence of the matter in relation to one or more municipal police departments; whether the investigation is necessary to preserve public confidence in the disciplinary process; and whether the director has studied or investigated a similar matter.”
Clauses 117 to 133 inclusive approved.
On clause 134.
M. Morris: Clause 134 is the transitioned appointment of a council member to the Surrey police board. What’s the planned date for the section to come into effect? When does the minister plan on issuing the revocation order for Surrey?
Hon. M. Farnworth: As the transition progresses, I’ll obviously have discussions with the administrator and the director of police services on the appropriate time for him to step down and for the board to be reinstated.
Clause 134 approved.
On clause 135.
M. Morris: Again, this deals with transition and the chair and vice-chair of the Surrey police board. Would this be the former board, or is the minister looking at appointing a brand-new board for Surrey?
Hon. M. Farnworth: When the administrator was put in, the board was, in effect, suspended. There’s a variety of terms on there. So at that time, I would have to look at which appointments are still in place and which ones have expired and then look to make the necessary required appointments.
Clauses 135 to 176 inclusive approved.
On clause 177.
M. Morris: I was looking through the transition and the commencements of this transition here. There’s quite a list.
I’m just wondering if the minister can just give me an overview of how he’s planned out the transition, why he’s grouped the transitions the way they are and how long it will take the full transition of these amendments to take effect?
Hon. M. Farnworth: I appreciate the question.
I’ve got all kinds of stuff here. Probably the best way to describe it is just to give the ones that are going to come in on royal assent and others by regulation.
The chair of the board and vice-chair with royal assent. Clarification on police budget approval process, royal assent. Board policy complaints, royal assent.
Mandatory board training and board code of conduct will be by regulation.
Expand the qualified discipline authority options, royal assent. Expand the definition of misconduct, royal assent. Earlier public hearings, royal assent.
Systemic reviews by regulation.
Misconduct observers by royal assent. New guideline-making authority by royal assent. Constable reassignment in emergencies, royal assent. Streamlining the designating policing unit designated law enforcement unit process, royal assent. Register complaints, royal assent.
Police uniform requirements, regulation. Police force to police service by regulation.
Clarify liability, royal assent.
Safety officer framework, regulation. The attention guard oversight, regulation.
My expectation is that the first of the regulations will start to come in, in the spring of next year.
Clause 177 approved.
Schedules 1 to 3 inclusive approved.
Title approved.
Hon. M. Farnworth: Chair, shall the committee rise and report the bill complete without amendment.
Motion approved.
The Chair: We will need to be back at 25 to four, please.
The committee rose at 3:24 p.m.
Committee of the Whole House
BILL 22 — SAFE ACCESS TO SCHOOLS ACT
The House in Committee of the Whole (Section A) on Bill 22; S. Chant in the chair.
The committee met at 3:38 p.m.
The Chair: Good afternoon, Members. I call Committee of the Whole on Bill 22, Safe Access to Schools Act, to order.
On section 1.
Hon. N. Sharma: Chair, I’m going to take the opportunity to welcome the team that’s joining me here today. I want to thank them for their work and for assisting me. It’s Kiersten Fisher from the Ministry of Education and Child Care and Darin Thompson from the Ministry of Attorney General.
M. Lee: I appreciate the patience of the Attorney General and the House here. I’m on what’s left of an eight-minute recess on ministerial estimates in Energy, so I’m going to start this process with the Attorney General and then step back out and complete that portion of the Energy estimates around mines, the Mineral Tenure Act review, and then come back in. That means that I will, at some point here, turn it over to my colleague the member for Coquitlam-Maillardville, who will continue with the initial questioning around the bill.
Let me just say this. I know that the Attorney General, hopefully, had the opportunity to hear my remarks on Bill 22 during second reading, where I did spell out a number of different considerations for this bill. We aren’t there yet, but one of them included the extension, the application of the bill, as we see it, by way of Lieutenant-Governor-in-Council, by regulation on access zones, determination of schools and class of schools. We will get to that in clause 3 of the bill.
In terms of clause 1 and clause 2 of the bill, we will, at the outset of this bill, talk about the scope of the bill. I’ve talked about, at second reading, that we want to understand from government — perhaps that will be my first question coming up; I just want to introduce this a little more before I run out of time — as to the purpose of government, by bringing forward this bill, just to hear it directly from the Attorney General. She’s already made her second reading speech, and first reading as well.
I just want to be clear on this, because the concern we have raised is that it is quite narrow in scope. We all share the concern that the Attorney General spoke about, for children and having safe access to school spaces. We’ve also heard, myself and the member for Coquitlam-Maillardville and others, about the concerns from other parents and families for children in other spaces.
We hear this from other ethnocultural communities, about their centres where their children go to preschool or have other educational activities. We know that in the case of other places of worship, faith-based gathering places where there’s also religious education on a weekday evening or on a weekend or, typically, on a Sunday, depending on the religion…. There are different types of educational activities that we want to keep our children safe in.
Of course, we have…. The member for Coquitlam-Maillardville has had a big focus on, from her past work as the former Minister for Post-Secondary, what’s going on, on university colleges and campuses — which, again, are our children.
With that in mind, I do have…. When we get through this discussion and when I’m back, we will have some discussion about how the bill might be strengthened to address some of these broader considerations. I’m sure the member for Coquitlam-Maillardville will explore what that looks like and the need for that.
We go back to the original purpose of the bill and why it is specifically this specific, even in a Lieutenant-Governor-in-Council, by-way-of-regulation kind of way, subsequent to the bill. I think if we can establish that basis….
I will just say that at some juncture, with the help of the Clerk to the committee stage…. There will be a discussion, given the nature of some of the amendments I’m considering here, depending on the Attorney General’s responses…. There is a bit of interplay, in terms of the definition section in clause 1 versus the application of the access-protected zones, the types of zones. Here we’re talking about schools.
To the extent we are able to continue broader applications of this bill, for the reasons that I’m sure the member for Coquitlam-Maillardville will discuss further, as I step out of the room in about three minutes….
Let me just ask the question first to the Attorney General. Can the Attorney General please confirm and elaborate upon why this bill has this specific purpose, and why the bill…? I appreciate that this is just evidence of my consideration around the time limitation on the bill. We’ll get there in clause 9, but I think it’s helpful at the outset to know the government’s approach as to why this government is bringing this forward at this time. What problem are they addressing specifically with this bill?
Hon. N. Sharma: I think this legislation comes out of an unfortunate series of circumstances in the province. I think everybody agrees, especially parents, that when they send their kids to school to learn, it should be a safe, welcoming place for them to do that, that they shouldn’t be faced by intimidation or harassment, or they shouldn’t feel like their access to the school grounds is prohibited. Parents shouldn’t feel like they have to think about that when they’re sending their kids to a school environment or an educational environment.
Because of incidents that we’ve seen in the province, we felt like it was necessary to design a piece of legislation that was focused on students and young people that are very vulnerable and their ability to access education, which is kind of a fundamental thing in society.
Also, as I mentioned in my second reading speech, every time you step into limiting, we all operate under our constitution, and all of our laws need to consider that so political expression is protected, constitutionally, in our province and our country.
When we designed this legislation, we did it in a way that showed a clear objective to protect a certain type of harm through an access zone and particular characteristics in a time-limited way and made sure to say, as we always have to do, that there are places where you can protest in a democratic society. But when we’re talking about young kids accessing school, that should not be the place where they are faced with intimidation, harassment or those kinds of things that we were seeing.
That’s really the purpose of the legislation. It’s designed for protection in that regard.
S. Robinson: I’d like to just follow up on that explanation. It was very, very helpful. I wrote down some key words that the Attorney commented on in terms of the context of this particular legislation. It was about kids going to school. They shouldn’t experience intimidation or harassment. They should be able to access an educational environment. This is about children being vulnerable and being able to access education. This was repeated over and over, and I appreciate that.
Does the Attorney also agree that preschool children should be captured in that as a vulnerable population getting access to education and being free from intimidation and harassment?
Hon. N. Sharma: To the member’s question, of course, I think we would all agree that nobody wants any child to be harassed or intimidated in any way. In the context of this legislation, it was structured and designed very particularly because of a pattern that was happening since 2023 on school grounds and the evidence that it was affecting K-to-12 students.
This type of legislation, which we used in COVID, is a way that we can step in to make sure that people can have a safe zone around something. The structure and the context of it is designed to address what we were seeing from K-to-12 institutions.
S. Robinson: I appreciate the response. I want to follow up on that question around vulnerable children. I notice that in the definitions, there isn’t one about children. There’s no definition of “children.”
I want to speak specifically about children who are going to post-secondary institutions, where we are, in fact, seeing a significant pattern of intimidation and harassment. In fact, I have a letter that I’d like to read into the record from a parent whose kids are going to UBC, and their experience. Again, they’re a child. They’re under the age of 18.
This parent says:
“Last night I attended an event at the UBC Hillel House. It was a unique event to which parents, students and siblings were invited. We were notified early in the day that a protest had been planned and that RCMP, campus security and some private security would be at the event and that ID would be checked at the door.
“When we walked toward the event at 5:15, we could see about 35 to 40 protesters outside on the public walkway, along with RCMP, campus security and private security, which I was told Hillel House had organized.
“The protesters were marching across the entire walkway. When we approached the Hillel House, our path was blocked by them, literally inches from our faces, screaming hateful language and refusing to move aside. Some of the chants were ‘From the river to the sea, Palestine will be free,’ ‘genocide enablers’ and ‘baby-killers,’ to name a few.
“As an adult, I was extremely alarmed about where this could go next, but my daughter, a second-year student, and son, a grade 12 student, were visibly shaken. Only when I yelled to the RCMP, standing approximately 25 feet away from the demonstrators, for assistance did they approach and ask them to let us through. They did not ask them to clear a permanent path for the duration of the event or attempt any mitigation.
“Once we passed, the protesters stepped back into where they were before to block others coming in after me. It seemed as though the RCMP and campus security were okay with the protesters blocking our path and would deal only with the outcome of any confrontation. There seemed to be no plan or strategy for blocking us or the hate speech.
“After the event, we were told that we could not use the front door of the Hillel House to exit because it was too dangerous. The RCMP, campus security and private security endorsed this. The RCMP told us that there was nothing they could do and that they were outnumbered. The campus security said we could get hurt if we went out the front door.
“I can tell you unequivocally that my daughter felt extremely unsafe yesterday, and she commented that if I were not with her, she would not go back to another Hillel event with a demonstration without an escort. As a student, she was physically and verbally intimidated. Further, if this is the atmosphere at UBC, there will undoubtedly be a factor in our decision of where our son attends.”
There are a number of other responses from UBC and back and forth from this parent. UBC was certainly doing their best to assure the parent that they had full control. But we have seen this again and again and again — a pattern, as the Attorney just detailed.
We know that children, 17 and 18, do attend university. Is there an intent at all to expand the scope of this beyond K to 12, given the desire to protect children and those who are vulnerable from intimidation and harassment, using the Attorney’s words, and adjusting this legislation to include public post-secondary schools in the province?
[R. Parmar in the chair.]
Hon. N. Sharma: I want to start out by thanking the member for not only her passion on it but for sharing stories that I know are things…. Even though they’re hard to hear, we all do need to hear what’s happening and what people are experiencing in this province. I can only imagine that that young child went home and is probably still upset about it.
I just want to, maybe, talk a little bit about the process of doing access zone or bubble-zone legislation. The way that you have to approach it, legally and legislatively, is to think about all of the powers and structures that are in place and what you’re balancing. You’re always going to have to balance constitutional rights with the rights of the management and authorities of that institution or that area. When we did it for hospitals in COVID, we had to design it keeping in mind the Hospital Act and all of the management and all the things associated with that.
This legislation, very particularly, is grounded in the School Act, the rights, I guess, or the situation of young minors, K to 12, operating in a school environment and the requirement for them to go to school. All of the ways that we could think about structuring a protection that balances constitutional rights of protest and sets out very specific behaviours that we were seeing, through the evidence, that were happening and establishes that access zone of 20 metres.
It is very targeted, as a tool. It’s structured under the legislative and management structures that are around in that situation.
In that context, post-secondary is legislatively and in many ways quite different than the school environment, not only in the acts — and I know the member knows this — but the management of the authorities of the academic world and everybody that exists at a university.
I guess I would say there should be — and there are — tools to address…. They should be used to address the type of intimidation that the member is talking about. That’s an important conversation. This particular tool is very much structured around a school environment. It’s because of that, as I describe, the balancing act you always need to have when you’re creating an access zone in the context of freedom of expression.
S. Robinson: I appreciate the legal challenges, as the Attorney just expressed.
She speaks about…. There should be tools. Well, I think it’s important that she know there aren’t tools that are being used. I would hope that the Attorney would be exploring what tools can be used, given her passion for making sure that people have access and that people are safe and not feeling intimidated and harassed.
The Attorney did speak to the fact…. It’s the pattern that is the problem, which is what brings this legislation to the floor right now. Frankly, I haven’t heard, more recently, about any ongoing issues in the K-to-12 sector.
Perhaps the Attorney can enlighten where it’s currently happening and why this legislation needs to happen now, given that I haven’t been hearing what’s happening there?
Hon. N. Sharma: I appreciate the question. It is unfortunate that it’s still happening.
There was one as recently as April 16, 2024, in Surrey, where protesters harassed a grandparent that was picking up a grandkid from school. They followed the grandparent, actually, to his or her house afterwards.
Then, again, on April 9, there was a protest outside of a school in Surrey. They were chanting things and waving signs about anti-SOGI messaging.
There was one on April 4 in Surrey.
I have a long list, unfortunately, of when they are happening.
We were hearing from parents, in particular, that the experience of dropping your kids off and having that and worrying about what adults were going to do to intimidate them…. Some of the signs that people were posting were pretty offensive. “No child is born in the wrong body.” “Girl cannot be boy.” “Boy cannot be girl.” These were things that kids were seeing as they were…. That was in April of 2024.
S. Robinson: I appreciate that the Attorney is tracking this very closely.
Given that those signs are hurtful and intimidating and harassing, what does the Attorney recommend…? What does the Attorney think about these sorts of acts happening in places where children are known to go to a more informal school, whether it’s a community centre, a place of worship? Does she believe that those children deserve to be protected from these sorts of messages as well?
Hon. N. Sharma: I’m just going to dive into the legislation. I think it will help explain how this is constructed.
First of all, it’s content-neutral. I think it’s important to understand that although the list I mentioned before was about specific protests that were anti-SOGI, it will cover any kind of protest, intimidation, harassment, blocking of access.
The definition of what…. This is what I was talking about. We dug into schools, so the definition of what types are under the definition of “education authority” under section 1, and there’s a list of education authorities there, so it’s bound by that.
Then the next level of that is the “independent school authority.” A school authority can be a range of schools, including the Guru Nanak school; the Jewish Day School Society — these are education authorities; and the B.C. Muslim Association; so there’s a range of them. I think there’s a whole list of them under the Ministry of Education that are under that.
Then you’ve captured a content-neutral kind of thing, so it could be any kind of intimidation or harassment, and then you have a list of independent schools that could include that range of schools.
The authority then…. I think the third part of it is the regulation power that comes in this bill, gives us the authority, as government, to monitor what’s happening on the ground.
Let’s say there is a particular unfortunate spike in the types of behaviours that we don’t want to see around educational authorities and some of the independent schools. Then we could design a regulation that creates an access zone around that particular place. It helps us be able to just address situations as they arise under the context of the tools in the act and the bill.
S. Robinson: Thank you. I appreciate the explanation.
I have some more questions just around which children going to which institutions will be covered by this and protected by this, actually, because I agree that we need to protect children.
If your child goes to before- and after-school care or if they’re a preschooler and they go to child care on a school site that’s listed here, then they will be protected. But if they go to a preschool and they get all the same government funding, the same support but they’re a not-for-profit — for example, in a rec centre or in a community centre — they are not protected in the same way.
Can the Attorney explain to us how there’s this commitment to protect children who happen to go to before- and after-school care or early learning programs in one of these institutions that’s listed, but if they get the exact same thing but they happen to attend in a different institution, they don’t deserve the same protections.
Hon. N. Sharma: I’ll start by saying, I mean, absolutely everybody wants to protect kids wherever they are. I’ll say that if the preschool and after-school care are on school grounds…. You have to remember the broad definition of school grounds. That could be from an independent school or the Guru Nanak. If they are on school grounds, then they could benefit from an access zone if that was something that was seen that we needed to put in place.
When this legislation was designed, we saw a pattern at K-to-12 schools that we were trying to address. I mean, I think we need to monitor. Obviously, we want to step in where there’s need. If there’s a similar pattern in other places, first of all, we should figure out what tools we have to address it. And then if it’s needed that we need to step in, in other ways, I think we should be open to that.
S. Robinson: I appreciate that. Again, I did highlight the fact that there are lots of programs that exist outside of school grounds, and if I understand the Attorney correctly, she’s prepared to monitor to see if something needs to be done.
However, I think, given that we have legislation before us, and to not act in the moment…. For six months, I will say, the Jewish community has been targeted, and we see it over and over and over again. I don’t know what the Attorney is waiting for in order to take action, but there is certainly some concern.
I’m happy to read into the record additional acts. And I know that this covers Talmud Torah. There were two separate individuals who were arrested after targeting Vancouver Talmud Torah in October and November of 2023. The first involved an individual going to the school multiple times to make antisemitic statements and gestures, including the “heil Hitler” salute. Two disruptive demonstrations targeted Hillel House at UBC, including by the revolutionary Communist Party that blocked access to a March 13 event on Jewish culture.
We are seeing…. According to the Vancouver police department, antisemitic hate incidents rose by 62 percent in 2023 compared to the previous year. The community…. There’s considerable cost to law enforcement agencies like the VPD, who spent $2½ million in overtime costs just to staff protests related to the Israel-Hamas conflict. And a recent polling release shows that 72 percent of British Columbians are worried about protesters targeting Jewish neighbourhoods and Jewish-owned businesses in Canada.
I do think there is a pattern that I think is undeniable. I don’t know what the Attorney is waiting for, because we are seeing a pattern. I would have hoped that perhaps in this legislative session, there had been some legislation to protect those particular institutions that are being targeted right now.
Waiting till next January I don’t think would help in any significant way in the moment. I am hoping that she can see her way through to perhaps considering an amendment that would make sure that those other institutions that provide services to children are protected as well.
I do want to come back to public post-secondaries, if I might, because I want to go back to the explanatory note. The explanatory note in this bill says: “This bill protects access to schools by authorizing the Lieutenant-Governor-in-Council to establish access zones around schools and prohibiting protests and other conduct in those zones that impedes access, disrupts the provision of educational programs or extracurricular school activities or causes concern for a person’s physical or mental safety.”
When I read this, I think about access to classes in public post-secondaries. I think about educational programs, and I did read into the record a particular story at UBC.
There’s another one I have from Langara, where a Jewish student went to the washroom, and while she was there, a protest erupted or was planned — but it did erupt, from her perspective — in the hallways of the school, inside the school, to the point where she was afraid to exit the bathroom for 20 minutes. She missed her class because she was afraid for her safety to enter into a protest that intimidated her, harassed her and made her feel very vulnerable, to the point where she missed her class. So again, impeding access.
The Attorney believes the institutions somehow have tools. I’m wondering if she could…. I know she may not have the staff here to let us know what those tools are, but I’m hoping that as the Attorney, she has some familiarity with what tools public post-secondaries might have and, if there’s a gap, what she’s planning to do around the gap so that those children can also have access to the education that not only they’re entitled to but that they’ve also paid for.
Hon. N. Sharma: I thank the member for the question. I do appreciate that this piece of legislation is not the only tool that we have nor should be used to combat antisemitism and all forms of hate in the province. The member listed specific examples of where it’s happening and where she’s seeing it and the community is feeling it.
I wanted to say this tool will assist, because the Talmud Torah, as an independent association, is listed and would be part of this. So you could conceive of an access zone around a place like that so that kids that are going there would not have to face similar things that she mentioned.
The other thing that I would say is acknowledging we have to have many tools to combat hate in this province. I think the different places that the member said people are experiencing it require different tools. I think, as a government, there are different things that we have changed or done, including updating the hate crime policy to specifically say antisemitism when it has resulted in a charge.
We always need to do more, including stepping up, but I think meeting with the special envoy yesterday, where we had a good discussion about how tools like what we have on the anti-racism bill that’s also before the House, could be another avenue. We’re going to work on that to make sure it specifically includes antisemitism.
But they’re tools, and they add a whole bunch new to our toolkit for addressing it — for example, holding the public service accountable for mandatory training or training for public bodies when it comes to understanding that. I think we had a commitment to work together in terms of antisemitism-specific ideas that we could do with that.
There’s the racist incident helpline, like speaking specifically about what antisemitism looks like and is showing up in and how we can use that tool to reach out to communities and help to understand that.
We’re going to be investing in police training. There are going to be two sessions, in Victoria and Vancouver, to help frontline officers understand what hate crimes are like and how they show up and how they can actually…. I hear a lot of times: “I report it to the police, and I’m not sure what happens.” So it’s getting that on frontline training for people to understand that, how it is.
I recently wrote to Minister Virani, a while ago now, to say that I think we need updates in the Criminal Code, specifically about hate and antisemitism. We’re happy to provide the member that information of the things that we’re pursuing.
Then the security funding. I know there’s so much more we could do, and we’re always thinking of ways to step that up, because it is disturbing to hear the stories. I share that concern with the member.
I wanted to say, with respect to post-secondary, that the post-secondary institutions, and I know the member knows this, are governed under the University Act or the College and Institute Act, so it vests the powers of the management and administration control of the property to the board of governors. So it’s just situated legally differently than what this legislation is targeting.
I’m very happy to sit down with the Minister of Post-Secondary and speak about what are…. I don’t know the tools right now because I’m focused on this, but I’m happy to sit down with the member and the minister to try to think about what ways we can help with the people that are facing this stuff in post-secondaries.
S. Robinson: I’m pleased to hear that the Attorney is interested in meeting with the Minister of Post-Secondary Education, because I was supposed to get a briefing — and I never got one, when I was the Minister of Post-Secondary Education — around what the government was doing around anti-racism and hate in the community. So I’m glad to see that she’s finally paying attention to that.
The minister mentioned Talmud Torah. There are a number of private schools, religious schools, in the community. Not all parents can afford those tuition fees or choose that, so there are other places where they might send their children for a Jewish education, like the Jewish Community Centre or their synagogue, and those children can be exposed to this sort of hate, intimidation and harassment.
I’m wondering if the Attorney has turned her mind to consider expanding, in a very limited way, particularly while the hate is so virulent….
I appreciate that the Attorney has spoken — again, finally — with the special envoy. I had been in touch with her weekly since November and had regular conversations about what needs to happen. I’m pleased that she and the Premier both met with her, I think, finally yesterday.
I know we’re also not alone here in British Columbia, that they’re dealing with this in Ontario and in Quebec and in other places. So I’m wondering if the Attorney has had any conversations with her colleagues across the province to look at expanding this notion to places of worship and ethnocultural centres, more broad-based, given the fact that we are seeing such a significant pattern of hate that has been going on for six months.
I don’t believe that we should be waiting much longer to address that, and I’m wanting to know if she’s had the opportunity to consider that and talk with her colleagues across the country.
Hon. N. Sharma: I’ll just start by saying that, as we canvassed before, this legislation is an added tool. It’s particularly for K to 12 in all of the schools, including one of the ones the member raised, for protection of youth. That includes protection against antisemitism that might show up in those schools. So it is an added tool. I think it’s unfortunate that we need to have it, but it is an added tool for that.
Another one of the questions that she raised was whether or not I meet with counterparts. There are a few ways we’re connecting. One is, generally, that different Attorneys General have met, I think, a few times on hate and combating the rise of hate in Canada. That, unfortunately, comes from different communities at different times. A lot of the data says consistently that it’s the LGBTQ+ community that is experiencing consistently, over the years, the highest spike in hate incidents.
We collect that data, we understand it, we work together on policies, and it’s one of the reasons that I wrote Mr. Virani about specific changes on hate to the criminal code a while ago.
I also want to say that with respect to religious institutions, I’ve had different religious groups approach me and speak about whether or not you could amend this legislation to add religious institutions. It was something that my team really looked at. Is it possible to do this in a way that protects those kinds of concerns and makes amendments? We came to a realization that it’s not a simple process, not possible because this bill is very specifically designed for K to 12 and kids. All of the authorities in the act, similar to the argument I said about post-secondary institutions…. It wouldn’t be something we could do.
I’m actively thinking about and listening to ways that there could be other work with respect to that. I’m open to discussions about that also, but this tool is for K to 12. It’s content-neutral, so it includes all kinds of intimidation and harassment for that population, which I think we all would agree needs to be protected the most when it comes to any kind of hate or intimidation or things that they might see when they’re going to school. I think that was another question.
I want to reiterate that this is not the only thing that we are doing. I could stand here for a long time about the work we’ve done over the last many years about anti-racism and changing systems that work better for people. It’s really important work. There are new tools that governments never had in the anti-racism bill that’s before the House right now that will help us remove systemic racism, which includes antisemitism, from all of our services and hold government to account to that.
When I spoke to the special envoy about some of the sections in that bill, she said to me pretty directly that that’s very innovative, and B.C. will be a leader in a lot of ways through that piece of work.
Unfortunately, hate has consistently been on the rise for different communities in different ways, and we always have to be receptive to the specific needs of each community. But we also need to just establish systems and tools that help to combat it in a government-wide way, which I think we are doing in different ways and will continue to do.
This is not going to answer everything, but it’s going to protect K-to-12 students in a whole range of institutions, including Jewish schools, where we’ve seen incidents of antisemitism. It’s going to give us regulatory powers to be able to adapt if we see spikes in certain areas and create access zones so parents can know that their kids will not face that when they go to school.
M. Lee: It’s a pleasure to join my colleague the member for Coquitlam-Maillardville back on this bill. Thank you for carrying the debate and discussion today.
I want to thank the Attorney General, from the opening exchange I had with her, for her openness to have this discussion at the front end of the bill on clause 1.
I will acknowledge the Attorney General has referred to another very important bill, Bill 23. That is another bill that she has introduced to the House. We look forward to having the opportunity for a fulsome discussion around that bill too.
I do appreciate, as the Attorney General is demonstrating, that there are a number of initiatives that the government has brought forward in this area. That’s the reason why, again, I appreciate the openness to discuss this particular initiative, this instrument, and the application of it.
The member for Coquitlam-Maillardville has covered a number of the different areas that I also wanted to speak to as well. I’ve had the opportunity to get a brief update from her as to the minister’s responses, the Attorney General’s responses. I believe that my next series of questions and exchanges in the time we have left for today will hopefully not repeat or be redundant.
I just, on the point that the Attorney General just made in terms of other religious institutions…. Again, at the front end of the bill, we’re covering particularly the scope and application of the bill. That’s the reason why we’re having the conversation on clause 1. We recognize that there are access zones that are specific to schools in clause 2. So there is, again, a bit of an interplay between clause 1 and clause 2.
But as I said at the outset, when there was a different Chair in the seat, I am considering — with the member for Coquitlam-Maillardville and other members here, other colleagues — ways to strengthen the bill. That’s the reason why the member for Coquitlam-Maillardville has been talking about some of these areas.
Just on the particular response about religious institutions, though, just for clarity, I’ve also heard from religious community organizations that have asked the question: can we strengthen the Safe Access to Schools Act? I will say and note that the Attorney General is bringing forward this bill. It’s not the Education Minister relating to the School Act. So clearly, there is a concern relating to, as the member for Coquitlam-Maillardville pointed out, the explanatory note. I think it provides a good description of the purpose of this act, which was my first question.
I understand that the Attorney General, in response, talked about vulnerability, talked about intimidation, talked about threats, and obviously, we’re talking about children. So when we’re talking about children who go to religious institutions and places of worship for religious education and instruction, or some other schooling activity, which, by the by, does include…. There are points in this bill that refer to extracurricular activities as well, so it doesn’t have to be strictly…. Education, of course, comes in many different forms, not just academic.
When I look at some of the incorporation by reference of the independent school definition, though…. Or is there? The bill makes reference in clause 1 to the “independent school authority.” If you look at that definition, I’m just wondering how the term “independent school” might come into this bill. Perhaps the Attorney General can assist me in that. We’re referencing independent school authority, which I know is referred to under “education authority.” So education authority, of course, comes into the definition of school.
A school under this bill means “a facility or part of a facility operated by an education authority,” which means in this case, by clause 1…. Independent school authority includes independent school authority, putting aside some of the other entities, including a First Nation.
When I look at the Independent School Act, though, to the question from the former minister, the member for Coquitlam-Maillardville, the “independent school” definition includes a school that solely offers religious instruction.
My question to the Attorney General is this. Does the “independent school” definition from the Independent School Act, which is referred to by reference by the independent school authority…? Is it brought into the application of this bill? If so, does a place of worship like a mosque, like the one example I’ve been using on second reading in this bill…?
I know many members…. I’ve stood on the stage with many members of the government, including the House Leader, at the mosque on River Road in Delta. That particular mosque has facilities for educational instruction. I don’t know offhand whether it’s just religious instruction. I would think it’s obviously religious instruction, but perhaps it’s other instruction. Does a place like that fall into the application of this bill?
Hon. N. Sharma: I’m going to turn to the statutory construction of the bill to explain the answer to this. The first thing to look at is the definition of school. It means “a facility or part of a facility operated by an education authority at which students receive instruction in an educational program.”
If we break down that definition, the first thing to look at is educational authority. Educational authority — the definition that’s provided earlier on, on educational authority — includes an independent school authority.
Under that, a list of that would be things like the B.C. Muslim Association. The member had raised a particular institution. If the B.C. Muslim Association is operating as an educational authority, an educational program in a facility or part of a facility operated by the educational authority, then it could be captured by this access zone.
Hopefully, that explains the structure of it. We would have to look, honestly, at the very specific circumstances of the cases to verify that. I don’t want to…. If you understand the construction of what we were looking at, I think it shows what’s included.
M. Lee: I appreciate the response from the Attorney General. The reason why the Attorney General is the one who’s the lead minister on this bill is, presumably, around public safety to vulnerable peoples, our children, in schools.
I will note again that this is not a bill that’s been introduced by the Minister of Education, the minister responsible for the School Act, K to 12.
When I, myself, and the member for Coquitlam-Maillardville ask about university colleges and campuses…. I don’t think I’ll have the time to further the question around Langara College. Of course, I also have very direct experience, in talking to the leadership team at Langara College and the leadership of the Jewish community, on what happened to that unfortunate student and what is happening with student protests or other protests on or off that campus. There’s a whole discussion we should have there.
I would say to the Attorney General, as we continue the bill review at committee stage, that this bill has identified a particular area of jurisdiction, which is the School Act, but clearly, there are other areas of great, urgent need, whether it’s the last six months or something longer than that. This is the reason why we continue to come back to the application of the bill and how it could be, potentially, strengthened.
Coming back to the consideration. As the Attorney General acknowledged, inquiries from religious organizations and institutions, just to walk further through that interpretation and application….
When I look at the “authority” definition under the Independent School Act…. Again, this is an area where the Minister of Education, of course, would have great familiarity. The Attorney General and her staff and myself, as the critic for the Attorney General, may have less familiarity with these acts.
When I look at them off the shelf, I see that authority means “society within the meaning of the Societies Act” — pretty broad; “a company within the meaning of the Business Corporations Act” — broad; a person designated, by regulation, as an authority” — so check on that.
Are the B.C. Muslim Association or the Khalsa Diwan Society, for the Ross Street Gurdwara, or this other Muslim mosque that I’m speaking to in Delta, for example. persons designated by regulation as an authority — I don’t know; I would like that confirmed — that operates or intends to operate as an independent school? The independent school definition then gets us into a school that solely offers religious instruction.
This is the reason why it’s important to have this discussion, because before tabling any amendments to this bill, which we are currently considering and I do have in my possession, it needs to be refined. I want to make sure, of course, that the amendments that we propose are reasonable amendments, as they say. The Attorney General indicated that her response to religious institutions were that they may well be beyond the scope of this bill. Again, I need to reflect on what she said. We’ll look at the Hansard transcript.
I actually see a path here, when I look at it. An “authority” is defined pretty broadly. Any society — which could be a not-for-profit society, for example, under the Societies Act — that operates or intends to operate as an independent school, which is a school that solely offers religious instruction, can be viewed to be an authority, which is an independent school authority, which gets us back into this bill. This is the reason why I raised it.
I think we have to rise for a royal assent shortly, but I do think it’s an area or question that perhaps I’d ask the Attorney General to take away to confirm with the Ministry of Education. I do think it’s an important area that we’d like to pursue.
I will note that the school definition in the School Act is different. The definition of “school” under the School Act is very different from the definition of “authority” under the Independent School Act and the one that’s defined under this Bill 22, hence the challenge to ensure that we are making sure that there is broader application of this bill. I’m suggesting and thinking that there is broader application. The Attorney General has already responded, it seems, to religious organizations that it doesn’t have that broad application.
I do think it’s very important that we do have a clear understanding of this. The Attorney General may want to respond now, or we may need to pause the process. I’ll leave that in your hands, Mr. Chair.
Hon. N. Sharma: I’ll respond later.
I move that the committee rise, report progress and ask leave to sit again.
Motion approved.
The committee rose at 4:56 p.m.
PROCEEDINGS IN THE
BIRCH ROOM
Committee of Supply
ESTIMATES: MINISTRY OF ENERGY,
MINES
AND LOW CARBON INNOVATION
(continued)
The House in Committee of Supply (Section C); N. Simons in the chair.
The committee met at 1:04 p.m.
The Chair: I’ll call Committee of Supply, Section C, to order. We’re here to discuss the estimates of the Ministry of Energy, Mines and Low Carbon Innovation.
On Vote 23: ministry operations, $121,111,000 (continued).
T. Shypitka: I’m not sure where we were last time. We were talking about jade mining, for sure, and we were talking about a moratorium that has been in place for close to five years now. I asked the minister a couple different things. One of them was on the decision that was made by the Tāłtān to shut down the industry for what started out as a two-year period. Then it was extended by 22 months, and now we’re here into almost five years.
The minister said a few things. She said they’re waiting for the end of the period. I believe she said May 11, 2024, which is a couple of weeks from now. She said that the jade mining show had highlighted some of the issues. I asked, hopefully, that wasn’t the decision on the moratorium and that it was just on a sensationalized TV show that it made those decisions. She said, I believe, they had satellite imagery of the impact on the area. I asked the question, when she said satellite imagery: “Were there any on-the-ground observations that backed up the Tāłtān’s concerns?” She never answered that, but maybe I’ll ask it again.
She said at the beginning that they’re also concerned about environmental protection, which I agree with 100 percent. But I highlighted the fact this miner has a spotless record. He’s been mining, I think, for 35 years in that area and is all paid up with everything. He’s compliant, and everything is fully permitted.
I guess the first question would be: what was the minister presented with, by the Tāłtān, that the decision to support the moratorium was based on?
The Chair: Prior to the minister, I wanted to respond to the member. The Report of the Acting Clerk of the Legislative Assembly to the Hon. Darryl Plecas, Speaker of the House of the Legislative Assembly, on Dress Guidelines and Expectations in the Parliament Buildings — and I quote from the key findings: “For MLAs who identify as a man, professional contemporary business attire may include jackets and collared shirts. Neckties are not required.”
Just so all members of the Legislature are clear that I’m not outside of the rules.
With that, I recognize the Minister of Energy, Mines and Low Carbon Innovation.
Hon. J. Osborne: Thank you again to the member for the question around what the minister was presented with by the Tāłtān to support the decision to defer jade mining activities. Obviously, I was not the minister at the time when these decisions were taken, so I conferred with my staff and received some information.
The Tāłtān central government and the Kaska Dena Council have raised concerns about jade mining, claiming that it resulted in significant land alteration, pollution in streams and rivers and a large-scale disruption of wildlife habitat. I understand the member is noting that the one operator that he’s referring to has, as he has called it, a spotless record. That is good news. There is more than one operator out on the land.
With respect to regular inspections that are undertaken by inspectors from the ministry that come out of the Smithers office, there is on-the-ground inspection of activities. Then I had referred to the satellite work as well. So taken all together, these concerns, we take this seriously. Of course, we really value the high environmental, social and governance standards we have here in the province of British Columbia to support a really thriving and responsible mining industry that includes the examination of the jade industry.
That’s why the decision was taken to put this pause on this and, again, to work with industry and with the Kaska Dena Council and with the Tāłtān central government to find solutions and find a new path forward. That is the work that is underway.
T. Shypitka: Thank you, Chair. I’m just going to take my tie off. Just kidding. I’ll leave mine on.
Well, thanks to the minister for the answer. A couple of things here I have to question. So the Tāłtān identified land alterations, pollution in streams, and the minister also said that government was on the ground and took note of these claims.
I guess the question is, and there will be many more after this, because it’s opened up a few things: what did the minister specifically receive that showed there was non-compliance to support a moratorium?
Hon. J. Osborne: The member has asked specifically about information around non-compliance that would support a pause on the jade mining activities in that area. I do not have a fulsome list here today of all of the reports. But what I can say is that the B.C. mine inspection reports, although they’re not posted online yet, will be.
There are a series of…. There will be documentation related to non-compliance; lack of progressive reclamation; sediment and erosion control; and, potentially, outstanding administrative monetary penalties. Again, I’m speaking collectively about the industry. I’m not singling out any particular operator here. I would be pleased to have our staff follow up with the member with a summary of all of those reports.
T. Shypitka: The minister said that B.C. inspection reports will be online. Those findings will be online?
Hon. J. Osborne: Yeah, so moving forward, we’ll be posting things proactively on the website. They’re not there yet. Again, like I said, we can provide a copy to the member, and any member of the public can request those reports.
T. Shypitka: I’m not sure if this is normal practice or this is something new, but this was five years ago that this happened. The moratorium happened July 4, 2019, I believe. So that was five years ago. If this is a normal practice to post these online, I would certainly expect those to be online by now. Maybe the minister can comment on that.
Hon. J. Osborne: To try to provide some more clarity to this, in the past, although the date, for example, of an inspection would be recorded and posted on the natural resource compliance and enforcement website, a report would not be attached to it. Past reports are available, but they need to be requested. Then they’re reviewed for privacy, personal information and all that before they’re released to a person or an organization.
Moving forward, the ministry is changing this practice. This is not related to the jade deferral but just in general, having begun with proactively posting inspections from major mines and now moving into other areas, in addition to the major mine inspection regime.
T. Shypitka: Is the compliance notice on the website right now? We can’t get the report, but the notice that there’s a compliance issue — is that posted on the website?
Hon. J. Osborne: No, that’s not correct. It’s the dates of the inspections that are available right now online.
T. Shypitka: And that is posted right now? Okay.
When could we expect to see the report if requested?
Hon. J. Osborne: I think the time it takes probably depends on the volume that’s requested. If it was a single report, that’s one thing, but if it was a five-year history, for example, that would take longer.
Again, I’d offer that we can provide the member with a summary of all the inspections. Then he could review that, take a look, and let us know if he wanted more information.
T. Shypitka: I’m just trying to understand the process. So these are general comments, I guess, now. But the minister said that it depends on the volume. It could be one technical report. It could be one environmental report. Who knows?
Specific to this issue, though, is the minister saying that she doesn’t understand how many reports were filed? I mean, it’s fine if she says that. Maybe the staff would understand what kind of detail or what that volume would look like. Maybe the minister can tell me what the high is and what the low is on expecting a report, from low-complexity to high-complexity.
Hon. J. Osborne: To be clear, I am referring to compliance inspection reports, not to other types of reports that the member may be referring to. It’s not a matter of not knowing how many reports there are. It’s that we don’t have them at our fingertips right now. That’s why I’m offering that the staff can go back and provide a summary of the material to the member. Then he could let us know what more detail we can provide, and we’d be happy to do that.
T. Shypitka: I’m not trying to say that the minister doesn’t understand. I’m just trying to understand, myself, because I don’t understand. This will fall in line with a bunch of other questions I’ll have, so I need to understand what types of reports we’re talking about.
We’ll go on to the next one. Can the minister tell me the moratorium area, the size and where it’s located?
Hon. J. Osborne: I don’t have the specific size in terms of hectares, for example. It is, roughly, the northern half of British Columbia, approximately Prince George and north. There is a detailed map that’s available online. If the member can’t access it and wants specific information, it’ll just take us a while, and we’d have to come back maybe later this afternoon or next week.
T. Shypitka: Okay. Prince George and north — that’s roughly half the province, maybe slightly less. The minister said earlier that it’s not just one operator. When I was asking about this proponent that had a great record — there were many proponents up there — I’m not too sure how many of those permits are still operable.
Under a moratorium that the ministry supports, I’ve asked repeatedly, in my questioning, and the ministry supports that moratorium. Going on that, if the ministry supports the moratorium, is it the ministry’s practice to shut down all proponents and all industry based on, perhaps, one proponent or a couple of proponents?
I’m thinking of other industries: mining. There have been a lot of accidents in the past. Thankfully, we’ve done our best to mitigate those, but we can look at something, perhaps, like Mount Polley. That was a bad accident. We didn’t shut down the whole industry because of pollution in streams and other issues that were brought up by the Tāłtān. Is it the ministry’s practice to shut down an entire industry based on perhaps one or two proponents that fail compliance?
Hon. J. Osborne: In answering this question, I want to be clear that we take the environmental standards in the industry and the province very seriously and our relationships and commitments to reconciliation also very seriously. When concerns are brought forward, there’s a close examination of that and a discussion that takes place.
Of course, I think the member is maybe being a little bit facetious but not intending to imply that when there’s one thing…. That’s why you would shut an entire industry down.
That’s not the practice of the ministry. The practice of the ministry is to uphold, inspect, insist and enforce the regulations and the standards that are in place. That’s environmental health. That’s worker safety and other matters that are big in the mining industry.
I would say, in this case…. The jade industry is a relatively small aspect of B.C.’s mining industry as a whole. Obviously very important to the people who practise it. The decision taken to put the deferral in, in an area, in part of the province but not the entire province, is to give us the space and time to be able to have these conversations with industry and with the nations around a better way forward.
Now, I’ll note that over the last five years, there have been 60 compliance reviews and inspections. In those compliance reviews and inspections, there have been operators that have been undertaking unpermitted work that creates more disturbance in riparian areas — clearly not something I think any of us would want to see take place — and observations of, again, health and safety issues. Again, we take this very seriously.
Having the pause on the jade activity has given us the time to, as I mentioned, undertake the aerial surveys for these on-the-ground inspections and reports to be provided and to have these conversations with the industry about a better way moving forward.
As we noted before the lunch-hour, the current deferral period ends May 11. I understand time is of the essence. That’s why I also mentioned that more information will be coming soon.
T. Shypitka: I 100 percent agree with some of the stuff the minister just said. Any proponent or any operator that works with no permits or in non-compliance of a permit should absolutely be penalized and, depending on the extent of the damage, should face serious consequences. I think everybody in this room can certainly agree. But we’re talking about an entire industry.
I referenced Mount Polley, a terrible disaster, a lot of damage. I think Imperial Metals put in over $100 million just for reclamation work alone on that. It was significant. Mount Polley, being a gold and copper mine…. We didn’t shut down the gold and copper mining industry because of that.
There have been compliance issues all across the board. Teck Resources has some issues with selenium. They’re trying to mitigate that right now. They’re spending billions of dollars on trying to remediate those efforts. But we don’t shut down Tumbler Ridge because of some compliance issues, maybe, in the southeast corner.
It has been five years. The minister talked about conversations with industry and more surveillance photos. We’ve already got those. Five years is a long time.
I don’t know. Maybe I’ll give the information to the minister on who this proponent is just to verify how compliant they actually were. It would be shocking to me if the minister said that there were no fully permitted operations in the northern half of the province that were shut down for the last five years because of this moratorium.
It’s clear to me, and the minister hasn’t argued otherwise, that the ministry supports the moratorium.
My next question would be on the conversations with industry she alluded to. What conversations have been had? How many proponents in the jade mining industry has the ministry talked to? When was the last conversation had?
Hon. J. Osborne: First of all, I want to address some of the commentary around the scale of the industry and the comparison to other major mines and the mining industry, in general, in British Columbia. I note that currently the jade industry generates about $9,000 a year in mineral taxes to the province of British Columbia. That is 0.001 percent of the $660 million that’s generated in mineral and coal taxes. Again, that’s not to dismiss the importance of that to an individual or to a family that has that operation, but the industry is extremely small in comparison.
The member asked about the conversations taking place. There’s a jade placer collaboration, a working group with a number of operators. There are about eight operators that have been participating in that. There have been a number of conversations over the last two months with this concerted effort to determine the next steps. The operators who have wanted to engage with ministry staff have been very helpful and provided a lot of valuable input.
I also just want to clarify, for everybody watching at home, that when the deferral, the moratorium, was put in place, this did not impact existing permit holders. Nobody was shut down, in effect. People were able to continue under the terms of their permits, and hence, a number of inspections that have taken place since, etc.
This is about pausing new tenures — new activity, I should say — as we work out a better way to see if there’s a better way to do this, moving forward.
T. Shypitka: Well, that’s news to me, then. I will be going back to the proponent. Obviously, not accurate. It’s too bad it took us a better part of two hours to get to that.
When I read the letter, it clearly said he had an eviction notice. He also said he was fully permitted. I read that into the record very first thing, before lunch, and now here we are two hours later almost, or whatever it is, and the minister is saying: “No, this only was a pause on new permits.”
I’m wondering, then. Would the new permits include those that are already fully permitted on notice of work or any kind of further extension of their permits? I guess that would be the question to the minister.
Hon. J. Osborne: Just to be clear, at no point did…. I think I heard the member say, when he read the letter into the record, that the province had issued an eviction notice. That would not be the case at all. The decision that was taken was a pause on new permits. No new permits have been given since this deferral period came into place and has since been extended, as the member has talked about a couple of times.
Those with an existing, valid permit have been able to continue operations, provided, of course, they are meeting the requirements of those permits. We’ve had a discussion now, too, about compliance reviews and inspections to do with that.
T. Shypitka: Okay, so we’re getting somewhere here. So the ministry does not support the eviction notice, is what I heard. This was just only a pause on the industry. So it wasn’t based on the Tāłtān decision. This pause was made by the ministry solely. Is that what I’m understanding?
Hon. J. Osborne: To be clear, concerns have been brought forward by First Nations. The conversations that have taken place between industry and First Nations and members of the public service led to the recommendation for a deferral or a pause on new permits. So that was the decision that the government made.
We’ve been canvassing this quite a bit. This is government’s decision under the authority that it has to be able to pause new permits, again, to provide that time to be able to undertake the discussions and try to find solutions moving forward.
T. Shypitka: Is there jade mining happening right now in the northern part of the province?
Hon. J. Osborne: I can confirm there are active permits right now. I can’t confirm whether there’s work taking place at this moment in time because it’s spring breakup. That’s not the typical time of year.
I would note that there is jade mining activity that’s taking place in other areas of the province that are not included in this permit pause, this deferral area.
T. Shypitka: So not sure if there’s any active operations going on at this time in the north, in the moratorium area. That’s all referred to here. What revenues were brought in by jade mining in the northern part of the province in the moratorium last year?
Hon. J. Osborne: The member is asking for mineral tax revenues for 2023, specifically for the deferral area. We don’t have that information at our fingertips, so we are going to have to go back to get that. As I mentioned before, on average, about $9,000 a year has been the mineral tax revenue from the jade industry across the province of British Columbia.
T. Shypitka: I don’t want to seem flippant on this question, but it has to be asked because I’ve been asked by many other people. Is it the intention of the ministry to starve out jade miners in the northern part of the province? That’s what they feel like. It’s been five years. There’s no clear direction on what’s happening. The minister said that on May 11 this year, there will be the end of a period.
I guess the question would be, other than if they are trying to starve out jade miners: what does she expect, or what is she hoping to see on May 11?
Hon. J. Osborne: Thank you to the member for the question.
I think the member understands that I and the ministry, we collectively take the concerns that are raised very seriously and want to do the good work that needs to be done to try to find solutions that can help improve the industry, that can balance the interests at play here, understanding how the sector can look moving into the future.
We’ve had meaningful input from industry. We’ve had several operators who’ve been active participants in the working group. Genuinely appreciate the input they’ve had. And that’s part of the information that’s all taken into consideration in working, through this working group, to try to find that balanced solution moving forward. It’s a sincere intent and one that is well underway right now.
I can’t prejudge the outcome because I can’t prejudge the outcome of cabinet processes, and I know the member understands that. So I can just tell him that the work is well underway right now and, as I indicated before, I’m hoping to have more to say soon. I know that that’s important for operators. It’s also important for the nations and for those members of the public who are interested as well.
E. Ross: There’s a huge initiative in B.C. right now to electrify the economy and society, for that matter, in B.C. We’ve had two announcements of battery plants, one in Langley and one in Cowichan. The one in Langley is heavily subsidized, in part to actually help the efforts to electrify and decarbonize our society.
But I haven’t seen any real plans to basically fast-track or at least get back to prescribed timelines for mining permits to keep up with this. And if we don’t really address the domestic source of these minerals, we’re going to have to go with international sources from jurisdictions that don’t have the same environmental standards or have the same minimum employment standards, for that matter.
Is there any initiative to get back to prescribed timelines for permits, or is there any initiative to actually fast-track those permits so we can use domestic supplies for minerals for our battery plants?
Hon. J. Osborne: Welcome to the member for Skeena. Nice to see you here, and thank you for the question.
I have a few things to say, so bear with me, please. First of all, though, I just want to acknowledge what the member is asking around the importance of critical minerals to the energy transition and the importance of getting these minerals that we have here in British Columbia — 16 of the 31 identified critical minerals on the Canadian critical mineral list, and being Canada’s largest producer of copper, for example — and just how important it is to be able to leverage these environmental, social and governance standards we have here in B.C. to be able to open new mines and participate this way.
I fully agree with him that being able to do that here in British Columbia, to see a thriving, responsible mining industry, gives us opportunities. B.C. is really on the precipice, if you will, of being able to really seize a generational opportunity, in fact, to be able to do this. It’s been extremely encouraging to see this renaissance of interest and the promotion of the mining industry that we have here in B.C. We have a lot to be really proud of.
Permitting, obviously, is an important part of the process. That’s one of the ways that we keep those high environmental standards, safety standards, and that we undertake the due diligence that’s required in the development of a new mine and bringing it to life. Industry has also been clear that the need to see improvements and efficiency in timelines is really important, and we’ve taken that very seriously. What I want to do here is talk a little bit about some of the improvements that the ministry has made in the permitting processes and how we have prioritized this work.
I’ll start by saying that we’re aware that these are technically complex. They involve multiple agencies, and we need to undertake serious engagement and significant engagement with First Nations as well.
Now, there’s no prescribed timeline, as the member had referred to it. There’s not a prescription or something that’s laid out in a policy or legislation that says it must be within this time. But the expected timeline for the referral…. For example, one of the types of permits is a major amendment application, and the expected time of referral is six to 12 months from the acceptance of the final application to the permit referral.
One of the ways we’ve improved there and in major mines permitting overall is by increasing the capacity of the major mines office staff to focus on applications, a dedicated technical compliance and enforcement unit, an Indigenous relations branch, and improving the application process and the information requirement guidance for proponents to really support a clear and efficient process.
So it’s important that both the province and industry have a clear understanding of what the process is, what the information requirements are. Artemis Blackwater is an excellent example where once the permit application was approved, it was just ten months when that major mine permit was issued.
We are continuously developing and implementing guidance and tools to ensure that the detailed requirements for amendment applications are clear and that they are consistent for industry, and we implemented a streamlined review process for smaller amendment applications for smaller operations. That’s reduced the timeline by one to six months.
Major project review timelines have reduced from an average of 259 business days to 164 business days since 2019. Budget 2024 increased funding for mining permits and maintaining the staff that we had, to be able to undertake this, and we’ve been able to reduce the backlog of exploration permits since 2022 by 52 percent.
Through the critical minerals strategy…. Releasing the first phase of the critical minerals strategy in January was a significant expression of this government’s support for the industry and the need to prioritize permitting and other aspects of support to the mining industry to ensure its success — and establishing a critical minerals advancement office, where staff have been pulled together and can work in sort of like a concierge-focused style of approach to working with industry in helping them get their permits through as fast as possible.
Now, I think it also needs to be said that, of course, the permitting process is a two-way street. It’s not just the responsibility of the province, but it’s the responsibility of the permit applicant, too, to provide information. I’m really pleased how proponents have been also doing better at helping with the timelines by understanding their responsibilities and providing full and sufficient information.
We provide more information to proponents now, with new tools, around what those clear information requirements are, a project charter approach to help. These are just some of the tools I think that we’ve been applying to see permits be issued faster. Again, I appreciate the member’s question.
E. Ross: Thank you, Minister.
That is not what we’re hearing, especially up in northern B.C. My colleague from Kootenay East here last summer actually toured all the mines up there to figure out what the potential is for minerals, as well as the permitting process. And they couldn’t get permits. We walked through their application, and it seemed to me that every time they fulfilled the application requirements, the government hit them with something else they weren’t expecting.
Business wants certainty, not only in terms of investment but also in terms of regulations and permitting especially. Given the timelines to electrify the B.C. economy, the idea of mineral strategies not keeping up with it is going to mean we’re going to have to import our minerals from other jurisdictions. But I’m glad to hear there’s some type of process in place to fix the permitting process.
One in particular…. The minister talked about reducing the backlog from one year to six months, which is encouraging, very encouraging. But I’ve got one company, in particular, that’s been waiting for a permit for 22 years: Pacific Booker Minerals. Twenty-two years. I understand this goes back over consecutive governments. Trying to piece together this story is a puzzle.
At the end of the day, given the strategy of the B.C. government to electrify the future as well as build battery plants, can I get a clear understanding of when this government will give an answer to Pacific Booker in terms of permitting and their approval to move forward? Even if it’s a yes, even if it’s a no, surely there’s got to be a time period to put an end to 22 years of waiting for a permit.
Hon. J. Osborne: The member’s asked specifically about Pacific Booker Minerals. We are unaware of any permit — any mine permit, any exploration permit — anywhere that’s been outstanding for 22 years. I’m wondering if the member’s referring to a copper-gold-molybdenum project that applied for an environmental assessment certificate, which was actually denied in 2022. The reasons for the denial are posted publicly online.
If that is the project the member is referring to, then the Ministry of Energy, Mines and Low Carbon Innovation doesn’t have the authority to issue a mine permit to a project that had its EA certificate denied.
Now, if that’s not the property, and it’s something separate, then I would invite the member to submit the details to my office so we could chase down exactly what he’s referring to.
E. Ross: Yes, it is. But I was on the assumption they reapplied, or they actually appealed it. We are talking about the Lake Babine area. That’s what we’re talking about. Really, after 22 years, it was my understanding they hadn’t given up, and they were still lobbying the government. They’ve lobbied the opposition, of course.
We want to know: is there any intention or are there any plans to review this mine proposal and actually get this in line with the mineral strategy that the B.C. government might have?
Hon. J. Osborne: Thank you again to the member for the question.
I think, actually, the best thing I can do is refer him to the environmental assessment office, because if the project intends to appeal or reapply for an environmental assessment certificate, then that’s a process they would do with the EAO. My ministry would not be involved in that process.
T. Shypitka: Going back, I’ve only got a couple more questions on the jade mining thing. I’ve gotten into that quite a bit.
Something the minister had said…. It was kind of unfortunate, kind of sad, actually, the minister had to refer to the size and the revenue that the jade industry represented in British Columbia and looped that into her answer about the moratorium, almost.
She said that it’s important, of course. But people’s livelihoods, as the minister knows…. She referred to the size of the revenue was like 0.001, I think was the number. This got me thinking because this is all based on environmental concerns. We’re talking about half the size of the province, a very large jurisdiction. It would be about a half a million acres. I think it’s a million acres is the province, roughly. So half….
Interjection.
T. Shypitka: More than that? Yeah, maybe it’s hectares. I don’t know. Maybe it’s square kilometres. I don’t know. But it’s a lot. It’s big. It’s a huge area.
So we’re shutting down half the province on an industry that’s 0.001 on environmental concerns. You’ve got to wonder how much environmental concern are we talking about? The minister said: “Well, on one hand, we’re not going to shut down an industry such as the gold and copper industry, because it represents a large amount of revenue to the province.” But it also represents a large amount of the impact on the land.
If there ever was a case to shut down an industry, if it was based on environmental concerns, it would certainly be on mining for gold and copper, on issues like Mount Polley. I’m pretty sure there’s never been an issue like Mount Polley in the jade industry that had that kind of environmental impact. It couldn’t because it’s so small.
I’m just wondering if the minister can just comment on that. I mean, we’re talking a large, large area of land, a moratorium on an industry that’s 0.001 of the revenues in British Columbia that only has a handful of proponents involved. It just doesn’t seem to rationalize for me.
Surely, there’d be enough staff or enough oversight to get this in check so that a generational industry, such as jade mining — an industry, in fact, that’s recognized throughout the world for the quality of jade…. It’s got some very significant cultural significance, as well as trade. Quite honestly, a lot of people just have fun doing it.
For the impact that we’re talking, maybe the minister can just summarize why we’ve come to the point now that, five years in, we still can’t figure this out on an industry that is so small that the minister thinks is important.
Hon. J. Osborne: Before I answer, I maybe, for the record, want to state to the member that when the minister doesn’t say something, it’s not an assertion that the opposite must be true.
That being said, let’s talk about the jade mining industry here and these decisions that are being undertaken in a really, I think, thoughtful and meaningful way. When the concerns about sensitive alpine habitat, about riparian habitats, things that are important to the Tāłtān and the Kaska Dena, were brought forward, the discussions began with industry and with the First Nations around that.
Throughout these questions, I’ve also outlined some of the concerns that have been brought forward by the on-the-ground compliance reviews and inspections. They’ve raised significant concerns, and I think everybody here is looking for a balanced solution to see how industry could move forward.
That’s really been the purpose of the deferral of issuing new jade permits: so that this time could be taken to do that work. The jade mining industry is and has been important for those operators that have been active. There have been, at the time of the deferral being put in place, about 60 jobs in the jade mining industry.
There are 35,000 jobs in the mining industry across B.C. Again, to each of those people, those workers, that job is really significant, whether it’s 60 or 35,000. Government has been applying the due diligence, I think, that has been required to have these conversations and make decisions moving forward.
One of the reasons why there is a deadline on a deferral period like this is specifically to ensure that we are able to come to a decision. As we know, May 11 is when this deferral period is up. We need to have a decision to bring the certainty that the member is speaking to and the certainty that the nations are looking for, that industry is looking for and I think some interested members of the public are doing. Then, at that time, we’ll have that path moving forward.
I think it will be good for everyone to follow that path, because government can then take the resources that have been applied here, and we can move into other important areas that need the time and the attention, too.
[M. Dykeman in the chair.]
It’s taken some resources of government to do that. I know that the people of B.C. expect us to use those resources judiciously. I think that’s what’s been done on this and that soon, we’ll see the path moving forward and what that’s going to look like.
I really thank the member for all of the questions and the concern around the jade mining industry and hope that has helped to answer some of his questions.
T. Shypitka: Sixty jobs or 35,000 jobs — absolutely, they are all important. Every single job is important in the province. Generational industries such as jade mining. Whether it’s that or forestry, it’s all important. It’s all woven into the fabric of our province. These lifestyles that these folks have set themselves up for have been in jeopardy, and as this letter indicated, this person has lost his livelihood, his family’s livelihood.
I’m going to follow up, because the minister made some comments challenging the validity of this letter. I’ll have the weekend to do that. No. I think I’ll retract that, Madam Chair. I’ll check the validity of it, because I have some doubt now that perhaps it’s not accurate. But I’ll have the weekend to do that, and I’ll definitely be coming back Monday to verify — for everybody’s information — so we can all understand.
I just really want to get to the bottom of five years of waiting and people still holding their breath. The minister said May 11, two weeks from now, there’s going to be the end of this last period of talking and discussing. All good things. But there’s a shelf life, like I said, and there are people that are waiting to get back into the industry.
I’ll finish up with this. The minister made a comment, and I’ll quote her: “First Nations have a critical role in B.C.’s mining sector. Our approach to…” Before I say this quote, I’m fully supportive of First Nation reconciliation, partnerships, equity shareholders, the whole nine yards.
As I’ve heard time and time again, and it’s not that we need to be reminded, nobody’s going anywhere. We’re stronger together than we are apart. Our First Nation cultures and heritage and all that stuff are what makes the diversity of this province beautiful. It’s awesome.
I will read the quote: “First Nations have a critical role in B.C.’s mining sector. Our approach to natural resource development must be done in collaboration and partnership with the rightful owners of the land.” Can the minister simply explain, in legal terms, what she meant?
Hon. J. Osborne: Thanks again to my colleague from Kootenay East for the question.
He’s referring to the minister’s statement that came out last year in May 2023 for Mining Month. Really, that was intended to highlight the importance of working in partnership with the people who have lived here on these lands since time immemorial.
I know the member recalls the passage of the Declaration on the Rights of Indigenous Peoples Act and the significant meaning of that act and this government’s commitment to be working in consultation and cooperation with Indigenous peoples and to be taking all measures necessary to ensure that the laws of B.C. are consistent with the U.N. declaration.
This is work that is ongoing and is before us. It really is the work of a generation, I think, this work that we’re undertaking in reconciliation. Our government remains fully committed to undertaking that work. That’s the context, I think, that the member should take that statement in.
T. Shypitka: So 100 percent we all have been walking down this path of reconciliation for quite a long time, and in 2019, of course, the unanimously supported DRIPA was enacted. Thunderous applause and a new hope, a new vision that we can have more inclusive partnerships and equity shareholders in all our projects going forward.
But words matter. This statement was taken at, I think, a mining conference or something, so industry was listening.
The question was: what was meant by — and I’ll just say it, even highlight it — rightful owners of the land? Is that the minister’s opinion? It’s not meant to be anything other than that. But industry wants to know where the minister’s at with her thoughts on how we put applications forward and how we work together in partnerships.
I’m highlighting a thing, and we’ve got a couple more here yet that we have to go through that set up a pattern. People listen to the minister. She’s in a very important role, obviously. People take direction from her, and guidance. They invest, and they participate based on the guidance of the minister.
Will the minister just please just explain legally what she meant by rightful owner of the land?
Hon. J. Osborne: Once again, I’ll repeat what I said. I want the member to take that statement, which was part of a statement for Mining Month back last May, in my sense of conveying that importance of working in consultation and collaboration and cooperation with First Nations who have lived here since time immemorial.
Again, we’re speaking of DRIPA and the government’s commitment — I would say the House, the Legislature’s commitment — to undertaking this work with First Nations. The member is absolutely right that there is a pattern here, and that pattern of government is a pattern of undertaking that collaboration, that consultation work. This is something that I’m really proud to see has been, I think, embraced by the mining industry.
There are so many examples out there of leading companies who are understanding that the way we used to do business here in the province of British Columbia when it comes to natural resource decision-making, when it comes to undertaking industrial activities on the land, is not the way we can move forward. This must be done in cooperation with First Nations, in partnership with First Nations.
The number of equity ownership agreements we’re beginning to see in some natural resource industries, the impact-and-benefit agreements that companies are reaching with First Nations in whose territories they operate, the amount of employment, the amount of procurement of Indigenous-owned companies is, I think, exactly what we all want to see.
Again, I would say to the member that he should take that sentence and that statement in that context of the partnership collaboration and cooperation that we all want to see between government and industry and First Nations.
T. Shypitka: Fair enough. However, I’d rather not interpret or take into context.
Maybe the minister would like to rephrase so it’s more clear, because there are legal implications to what she said. Right, wrong or indifferent, I just want to have it on the record to be clear. It may even help the minister to be clear to industry to rephrase what she meant as far as working together with First Nations and what the legal precedent or the general makeup is of the land. How we work together, I guess, would be better to phrase it. If the minister can just rephrase her statement.
Hon. J. Osborne: Thanks again to the member for the question.
Again, I think we’re speaking here about the spirit and the intent of the declaration and the implications and the responsibilities that we all have in living up to that spirit and intent.
The member is concerned about what messages are being sent to industry, I think, if I understand him correctly. Of course, in my capacity as minister, I have the opportunity to engage with industry almost on a daily basis. I have heard consistently, from small operators to major mining companies, about the importance of collaboration with First Nations, of partnership with First Nations, and seeing success in their projects.
Late last year I had the opportunity to travel to London, where I met with different investment groups and heard the same again. I travelled there. Nisg̱a’a representatives were there, at the same conference I was at. We were able to have conversations directly with major mining companies, with investment companies, and hear just about the value of that and the understanding of how British Columbia is viewed, in this sense of this deep partnership that’s happening with First Nations.
Up in Prince George, at a ceremony with Defense Metals and the McLeod Lake Indian Band signing an agreement on how to work together before the company has even submitted a permit application anywhere…. Like I said, this is the way of doing business in the future.
I think we are going to consistently see this understanding: Tāłtān and their relationship with Newmont; the Taku River Tlingit First Nation and their relationship with Canagold, the agreements that they have signed on how to work together; the Artemis Blackwater mine and the work they’ve done with the Ulkatcho First Nation, for example.
I don’t think there’s any question about this, and I don’t think the member is questioning this either. This is the way of the future and the way this industry is going. I think we should all be very proud of that.
T. Shypitka: One hundred percent agree. I said at the preface of this question that 100 percent agree. I don’t think anybody disagrees on the partnerships and the opportunities that we’re going to be seeing going forward with First Nation communities and non-Indigenous communities. We’re all in it together. We’re 100 percent behind all this.
I specifically asked on the legal reference to rightful landowners. That’s the legal term that people kind of are wondering about.
The minister can not respond to that. That’s fine. She can stand behind those words. That’s okay. But I just wanted to get clarity. That’s all. Industry has been asking that quite a bit. I’ve heard it a lot of times.
I’ll turn it over to the member for Skeena, then.
E. Ross: In talking about partnerships, especially in relation to permit applications, that’s exactly the way LNG was achieved in B.C. There were a few mistakes made in 2004, where companies thought it was business as usual: “You don’t have to listen to First Nations.” LNG Canada and forestry companies actually changed that and got our interests into their permit applications. With the previous government, we actually built on that, with communication protocols with the B.C. government as well as First Nations. So it’s a proven technique. It’s actually what brought LNG Canada and Chevron LNG to fruition, before Chevron left town.
My question is completely different, not on mining, for a second. It’s a pretty simple question.
Right now there are vast amounts of coal and propane being exported through Prince Rupert by rail. Currently there’s a proposal right now to ship ammonia through Prince Rupert. The federal government has already offered or given a $75 million grant that Trigon has matched to start building up the ramp, the dock, the facilities and infrastructure in Prince Rupert.
I don’t think the government has a role in this, because it’s really about port development. It’s really about rail development. But is there any role that B.C. plays in terms of permitting or assessments, for that matter, for this ammonia export facility to be based out of Prince Rupert?
Hon. J. Osborne: Thank you to the member for the question. I think he very accurately describes this as a federal lead.
That being said, we are engaged in discussions with the federal government on the transport of ammonia by rail. There are no applications before the provincial government in any way.
I would suggest that perhaps he might want to follow up with the Minister of Transportation and Infrastructure, because the rail, that kind of transportation authority, would lie there and not with the Ministry of Energy, Mines and Low Carbon Innovation.
E. Ross: Okay, thank you for that answer. The Transportation Minister, I’ll follow up directly per letter.
To be clear, the Energy Minister, as far as we know, has no involvement with the transport of ammonia by rail from Alberta to Prince Rupert to Asia?
Hon. J. Osborne: The Ministry of Energy, Mines and Low Carbon Innovation, together with the Ministry of Transportation, the province of Alberta and the federal government, are all involved in a working group on ammonia by rail. Like I said, there are no applications that are before our ministry.
E. Ross: Now I’m just spitballing here. If this does come to an application stage…. The work is being done. We can expect an application sooner or later. Is the ministry aware of their involvement in terms of permitting or any types of authorization coming from the Ministry of Energy and Mines?
Hon. J. Osborne: The member’s question around the role of the Energy, Mines and Low Carbon Innovation Ministry in hydrogen or ammonia production and, of course, the hydrogen strategy that’s been developed here in B.C.… We’re a strong proponent and supporter of the development of a hydrogen industry. That could be using ammonia as the energy carrier.
The role that this ministry would play would be primarily around production facilities — obviously not in Alberta, but here in British Columbia, for example, like the McLeod Lake Indian Band and their proposed hydrogen production facility. We would play a strong role in that, of course. But like I said, at this point, no applications are before us.
T. Shypitka: I’m going to go into another issue now. This is one I’m sure the minister is aware of. I can use names here, because I’ve been given the go-ahead, although I won’t use another name in here, of the sublease. I’ll refer to them as sublease.
This is Eagle Plains. This is in the Goat River area, Iron Range, which they acquired a claim back in 2000, I believe. Then from 2000 to 2019, Eagle Plains carried out geological work, including field geology, geophysics, drilling. During this time, Eagle Plains continually held permits for all work carried out on the property. All reclamation work was completed.
Some engagement with yaqan nuʔkiy and Ktunaxa, including a property visit from some yaqan nuʔkiy — I’ll just call them LKIB, Lower Kootenay Indigenous Band — from 2012 to 2013, or somewhere in there.
Held formal meetings with Ktunaxa in 2018. Also held community meetings in Creston during this time. In 2020, the property optioned to the sublease company; 2020 to 2022, the sublease carried out two drill programs. Current permit was amended in 2020 and is in good standing to October 31, 2025.
The situation was on July 15, 2022, received notice from LKIB with regard to a moratorium over the Iron Range property and “requesting us to stop all work.” Option partner sublease, who was acting as operator, reached out to Curtis Wullum, LKIB, to explain “we were carrying out a diamond-drilling program. Curtis agreed to let us finish the program and complete reclamation.”
Chuck Downey from Eagle Plains met with ministry staff, including Kathie Wagar, regional director, southeast Kootenay Boundary, to get some additional information. They were aware of the letter and had been in contact with the LKIB but could not provide any other information.
In early 2023, the sublease reached out to Curtis Wullum to see what had transpired with the band since the moratorium was declared and to discuss 2023 work at Iron Range. He was rebuffed and told that “the LKIB didn’t want any exploration or mining in their territory, and we were wasting our time.”
They set up a Zoom call with Eagle Plains, Kathie Wagar and ministry staff to discuss the LKIB. “We were told that Kathie was in regular contact with Curtis but couldn’t comment further. When we brought up our current permit that allows us to work there, she advised us not to work there until we had social licence and committed to getting more information and getting in touch with us within a couple of weeks.”
Someone tried numerous times to contact Kathie Wagar and, after not having any communication from her, sent the letter. The letter was sent.
Just to give you the scope of the business we’re talking about here, expenditures on the Iron Range from 2000 to present is close to $9 million. Expenditures by the sublease is approximately over $2 million, and these values are not adjusted to current prices.
A letter was sent out on May 10, 2023, so a year ago, to the minister, as I’ve outlined. I’m sure the minister knows all this stuff. I won’t go through the letter. The letter was sent, but I’ll put it on the record.
“As I have outlined in my backgrounder letter to you, sent on May 4, 2023, I am sure you and your staff are aware of. This email was sent to your personal Legislature address, as discussed in chambers, on May 4. The following are concerns surrounding a Ktunaxa moratorium of mining activities within the Goat River and Kootenay River landscape units.
“Effective immediately, it has been ordered by the yaqan nuʔkiy with support from the land and resource council of the Ktunaxa Nation Council, for ‘calls for no new drilling activities, current permits to be cancelled and all roads and drill pads to be fully reclamated.’ In the spirit of clarity, certainty and fairness, I would like some fundamental questions answered as immediately as possible to the current and ongoing operations, expenses and contracts within this area of the moratorium.”
Another moratorium was set up. I was actually at a regional meeting with Kathie Wagar, and we asked if the proponent was still fully permitted, and she said yes. She also said: “You can drill there.” I asked the question: “What would that look like if they went to drill there?” Of course, the response was: “Well, probably not good.”
There were some questions that we’re wanting to be answered. The first one is: what is the ministry’s position on the Lower Kootenay Band moratorium? Does the Ministry of Energy, Mines and Low Carbon Innovation support the moratorium as a no-go expiration zone? And three: is the local, regional and provincial office with EMLI issuing permits currently or in the immediate future in the moratorium area?
I can give you those questions again if you didn’t get them all. You can answer them individually too, if you want.
Hon. J. Osborne: Thank you to the member for the question around what’s been a really challenging situation, I think, for everybody and really speaks to the importance of good relationships in industry between industry and First Nations with the province, obviously, as well.
I can tell the member we have advised the Lower Kootenay Indian Band or the yaqan nuʔkiy, as they’re also known, that we will be issuing permits. We have issued some permits.
I think the advice that was received by Kathy Wieger was sound. Again, it’s around relationships and social licence and doing everything that we can to encourage those. We want proponents to be successful. We want them to be successful in their relationships with the nations in whose territories they operate.
T. Shypitka: What I heard the minister say is that there has been communication between the ministry and the Lower Kootenay Band, yaqan nuʔkiy, that they will be issuing permits. I thought it was already fully permitted, but maybe that…. So they’ll be reinstating the permits?
To my understanding, the permits are already in place. The moratorium ceased that action arbitrarily, perhaps. I don’t know if that’s a good word or not, but that’s where we’re at.
Maybe to clarify, is it to issue permits, or is it to continue the permits?
Hon. J. Osborne: It’s around the extension of the permits. My apologies for any confusing language there.
T. Shypitka: I’m just seeing if any of these other questions have any rationale now after that answer. I’m sure that’s going to be well received.
Can the minister, then, tell me when, with that extension of the permits that Eagle Plains has now, they can enjoy getting back to work?
Hon. J. Osborne: I’m advised by staff that that should happen within the next couple of weeks.
T. Shypitka: Just a thought. This has been a couple years, I believe. It’ll be two years coming up. There is a partner. There’s a sublease — I think it’s out of Alberta — that’s obviously left. There could be some financial implications on that contract that was set up. Is there any thought to compensation to either the sublease or to Eagle Plains?
Hon. J. Osborne: We understand that Eagle Plains has applied to the chief gold commissioner for relief from the cost to maintain titles. That’s under review. But with respect to a commercial arrangement with a lessor, the sublease that the member refers to, as a commercial arrangement, that’s not something that the province would have a role in.
T. Shypitka: Okay. Thanks. I’ll be sharing the good news. Maybe the minister has already done that. I’m not too sure if there’s any communication that’s gone out to Eagle Plains, but maybe that’ll be the question.
Is the ministry going to send some communication out to Eagle Plains that they will be assuming operations in the next couple of weeks?
Hon. J. Osborne: I think it’s simplest to say that Eagle Plains can expect to hear from the ministry within the next couple of weeks.
T. Shypitka: Awesome. That’s great news.
Okay. I was going to get into some oil and gas here. Maybe I’ll just….
I know my colleague here from Vancouver-Langara is under a tight timeline. He’s got a lot of roles going on right now. I feel sorry for him.
If he’s ready, I will let him take the floor.
M. Lee: Thank you to the member for Kootenay East for sharing some of his time with me.
I just wanted to…. I did hear with interest the previous line of questioning from the member for Kootenay East around the statement that was made by the minister, including areas around rightful owner of the land. I certainly appreciate the minister’s response in terms of partnership and recognition of title.
What I wanted to talk to the minister about, though, is the line of inquiry that I’ve been joining the member for Kootenay East on for the last two years, since the DRIPA action plan was introduced by government. I think it was in March of 2022. We had the opportunity in estimates, within only about six weeks to two months, to ask the minister’s predecessor about the specific DRIPA action plan item: the modernization of the Mineral Tenure Act. I did speak to this, as well, in my Bill 25 speech yesterday.
At the time, the minister said…. I asked the minister. What are the specific measurable milestones to accomplish within the first year of that five-year action plan, 89 actions for the implementation of DRIPA?
The minister said, in effect: “We’re still assessing that.” He did indicate and confirm that other stakeholders, presumably including mining companies and the mining industry, would be consulted about how that review, the modernization of the Mineral Tenure Act, would occur.
I know, of course, with the active claim, legal proceeding with Gitxaała First Nation and ʔiiḥatisatḥ First Nation, that that was an ongoing review too. But as the minister well knows, that decision had been provided by Mr. Justice Ross back in September 2023.
First of all, I would ask the minister…. I know we asked this question again last year. Could the minister please advise the current status of the modernization of the Mineral Tenure Act, recognizing, in the court decision by Mr. Justice Ross, that there was a provision for an 18-month timetable on that, further consideration with the chief gold commissioner’s office?
Hon. J. Osborne: Welcome to the member for Vancouver-Langara. Nice to see you.
Thank you very much for the question on what has been a very important and long-standing priority for government, for First Nations and for First Nations organizations. That is reforming the Mineral Tenure Act.
The recent Supreme Court ruling on the chief gold commissioner’s duty to consult is a very important decision, of course, for First Nations rights and title holders. It provides some very important context and timeline for the work. The decision being made on September 26 means that we have approximately a year left to undertake this work. I’m happy to say that things are well underway.
Last year we set up a dedicated office to this work, Mineral Tenure Act reform work, and recently, in the month of March, held a number of pre-engagement sessions — some specifically geared towards First Nations and others for industry and NGOs and local governments — to discuss with those bodies, in particular, how to be engaged in the process. How do they want to undertake conversations and dialogue with the province as we do this work? How important it is to be able to do this work together.
We have engaged about 420 people so far in those sessions for industry and local government. Staff have further undertaken to attend regional conferences, like the recent Kamloops Exploration Group conference, and have had a number of different discussions with companies and with individuals there.
That work continues. As I said, the courts have made it very clear about the timeline there.
M. Lee: We’ve been at this now for two years.
The court decision, as the minister referenced, does overlap with the period of time that we’re speaking of, certainly in terms of the focus of this government on completing the modernization of the Mineral Tenure Act. We now know, of course, through that court decision in September 2023, that the clock is running. The minister confirms that the government has a year left.
I know that the member for Kootenay East and myself have been hearing from industry associations, including AME, relating to this process as it unfolds. They’ve made several public statements about their input to government as to how it ought to unfold.
I want to just make another quick comment about the minister’s earlier reference in response to the member for Kootenay East on a continuation of the dialogue here, which was around the recognition of markets and capital markets. I, as the minister knows, have had a 20-year history, prior to coming to this House, working with mining companies as a business lawyer. I think the number of projects that the minister referred to, including the last one, now held by Artemis Gold, Blackwater, a very important project in the Cariboo…
It was previously held, when I acted for New Gold, by New Gold. New Gold was recognized by our colleague the member for Kamloops–South Thompson in the House yesterday, for their safety recognition. We know, of course, that mining companies in this province operate at the highest environmental and safety standards in the world.
When it comes to partnership with First Nations, as the minister referred to, in terms of capital markets in London, Toronto, New York, they all want to know, in terms of investment in this province, what the political risk, the stability of this province is. Political risk, of course, is something that public companies deal with all the time in their offerings, and it’s something that has to be described.
I hazard to guess, in the context of even the Mineral Tenure Act review, which is ongoing for the last two years, that the political risk factor for British Columbia has increased, that the stability and the desire to invest in this region continue to be questioned. The examples that the member for Kootenay East had provided only go to that point on specific types of considerations.
I know that the level of clarity around UNDRIP and the implementation of DRIPA that the minister, again, referred to, and as other ministers of the government, on occasion, in response to questions from the official opposition, B.C. United… They commonly refer and pull in DRIPA. I will note to the minister that the government’s own lawyers, in their submissions on this court process with the chief gold commissioner, refer to the fact that, properly interpreted, meaning…. Even that lead-in word suggests that there has been not-proper interpretation.
The Declaration Act affirms the application of the United Nations to the laws of British Columbia as an interpretive aid but does not incorporate the UN declaration to the laws of British Columbia or create a justiciable standard for the alignment of British Columbia’s laws with the UN declaration. Rather, the Declaration Act evidences a legislative intention that government and the Indigenous peoples work together in consultation and cooperation to implement the UN declaration, backstopped by a robust framework of legislative accountability.
I’ll stop there for now, but I would just say that is referred to in paragraph 15(2) of one of the petitions submitted on behalf of the provincial respondents, which include the chief gold commissioner of the province of British Columbia.
This, of course, is at issue. This is the reason why those First Nations have filed notice of appeals of this decision. We can go into the court’s findings, but the court agreed with this government’s position.
In lieu of the decision of the court, in that court case with those two First Nations, and the government’s own submissions that led to support Justice Ross’s decision, what have been the steps that the government has taken in respect of the aftermath of that decision in the face of the notice of appeal from those nations?
Hon. J. Osborne: I’ll ask for a little bit of clarification there. He asked around what steps government has taken in respect to the notice of appeal. Can I clarify? Is he referring specifically to the Mineral Tenure Act portion and the duty of the chief gold commissioner to consult or, more broadly, the other aspects of the case, for which I would refer him to the Ministry of Attorney General, then?
M. Lee: Well, I think that it’s a combination of both. I would’ve thought, given the nature of the concern relating to the Mineral Tenure Act and mineral claims, as to how they are brought forward on First Nations territory for both of those nations, that this is something that the minister and her ministry would be directly involved with, even in conjunction with the Attorney General’s ministry.
But I’m happy if the minister only feels comfortable answering or feels that it’s appropriate only to answer the narrow portion of that. I’m happy to accept that. I will ask further questions, though, about the aftermath of this decision.
Hon. J. Osborne: Let me speak specifically to the progress that’s been made, the steps that government has taken with respect to this. I will keep my comments confined to the MTA portion of the decision.
On March 7 of this year, 2024, following an agreement that was reached between the province and the two nations on how to approach that September 2023 Gitxaała v. British Columbia B.C. Supreme Court ruling, we have implemented new interim measures. These are measures that entail placing restrictions on mineral claim registrations and mining activities within the territory of the Gitxaała and ʔiiḥatisatḥ by means of orders that came under the Environment and Land Use Act.
The two nations and the ministry have agreed to support amendments to those orders if an agreement can be reached with companies seeking to explore or conduct mining activities in their territory. It is my understanding that both of those nations have entered or will enter dialogue with companies in their territories.
These are a temporary measure. These orders are a temporary measure that are separate from the Mineral Tenure Act reform process. So they’re not expected to be needed when that reform process is completed.
I do want to comment again on the importance of that reform work. Just referencing the member’s…. He introduced this section of the debate, when he first entered the room, around the importance of the sector to British Columbia’s economy and how critical this is and the need for the MTA modernization work that obviously is an action listed under the Declaration Act action plan, a high priority for our government and work that’s well underway.
I just also want to reinforce that by pointing out that in January, when we released the first phase of the critical minerals strategy, again, this is listed as one of the key actions that our government is taking to underscore the importance of doing this work and the importance of the mining industry here in British Columbia, an industry that is poised for growth and where we’ve seen a doubling of investment in exploration activity over the past years.
M. Lee: I certainly share, of course, the recognition and the importance of the mining industry to the province. I will note that even in one of these submissions from the government’s own lawyers, there’s significant recognition of that.
Also the fact that…. Again, in one of the paragraphs to one of the petitions is an understanding, the underpinning of the discussion, that there is a tremendous amount of risk that mining exploration companies take on in the work that they do. Even in the government’s own submissions, they say, and the acknowledgment is: “The practical reality driving the system is that minerals are hidden. They’re only rarely concentrated in commercially valuable deposits. Minerals are not a resource that is apparent and quantifiable on the surface of the land. Minerals are not like trees or wildlife.”
This is the government’s lawyers speaking. “This means that mineral resources must be discovered and developed through high-risk, investment-intensive exploration programs funded by an entrepreneurial private sector.” I think that that’s good, clear recognition of what we’re talking about with the level of risk and entrepreneurship that mining exploration companies take on.
We know they’re part of the continuum of the mining sector. We have prospectors. We have those who stake mineral tenure claims through the Mineral Tenure Act system. We have early-stage exploration companies that seek capital funding, early seed funding, friends and family, private placements of funding that go in. We’ve got mid-stage; we’ve got seniors.
I’ve certainly acted for all of those types of companies through all the whole continuum.
When this government, though, takes steps in the aftermath of this decision, as the minister just described…. I respect and understand the importance and the concerns from the two nations for their territories and the mining activities or the mining exploration activities that have been taking place on their lands. I understand that they have concerns with that.
The court, though…. They went to court. They went through the court process. They had a decision by the Supreme Court of British Columbia. Justice Ross said government has 18 months. Justice Ross did not overturn the mineral claim permits, exploration or otherwise, for these companies.
The minister just described the fact that there were orders-in-council put in place under the Environment and Land Use Act. This is just another example of how this government is proceeding in a way that undermines the certainty within our mining sector. It sends signals, not just to the junior mining exploration entities but to the whole continuum. These are important signals.
So to the minister, can I ask: under this Environment and Land Use Act, how many orders have been provided in the history of this act and how many have been provided on, effectively, a retroactive basis?
The Chair: All right. We’re agreeing to recess for ten minutes.
The committee recessed from 3:37 p.m. to 3:47 p.m.
[M. Dykeman in the chair.]
The Chair: I call the committee back to order.
Hon. J. Osborne: Thanks again to the member for the question.
Part of the line of the questioning is talking about uncertainty that is created. I understand what the member is saying, and I share the concern. I think that’s why trying to achieve more certainty through the Mineral Tenure Act reform work is so important.
Taking us to court in the first place, Gitxaała and ʔiiḥatisatḥ created uncertainty. Appealing the decision created uncertainty. We need to deal with the underlying commitment to reform the Mineral Tenure Act. Our preferred approach is negotiation, not litigation. That’s why we undertook the agreement with Gitxaała and ʔiiḥatisatḥ in pursuing these ELUA orders. They were the petitioners in this case, and the province reached an agreement with the two nations.
As I noted in my previous response, the orders can be amended if the nations and the company reach an agreement. That’s certainly an avenue forward. We won’t need the orders anymore when the Mineral Tenure Act reformation work is done, when we deal with the heart of the court case, as well, with respect to the Mineral Tenure Act. That will prevent us from having to go to court over and over and over again. We know we need to do this work to achieve that long-term certainty that everybody is seeking.
With respect to the member’s questions on the history of the use of orders under the Environment and Land Use Act, the retroactive basis, I will respectfully refer him to Water, Land and Resource Stewardship, or my staff can follow up with WLRS — that’s where the act lies; it’s under that ministry — to seek that information that he was specifically asking for.
M. Lee: I appreciate the response from the minister. Certainly, we share the focus on the need for certainty for the industry, for investors and for First Nations, of course. The approach of not going through the litigation path and wasting a considerable amount of resources, both for the First Nations and for government, is also understandable.
What’s not understandable though, and I would say this from a market point of view, from an investor point of view and those who are literally on the receiving end of these orders, is seeing a decision of the court which in no way impacted on existing mineral claims in British Columbia. There was no reversal, no impact by the court’s decision on the way mineral claims have been staked throughout the province, whether through the mineral tenure online review system, pre-existing Crown grants, physical staking prior to the initiation of the mineral tenure online system, as I understand it. There was a clear decision of the court.
Now, the areas of appeal…. Perhaps the minister will suggest they’re interlinked, meaning there was an appeal filed. So any appeal on any matter that related to the dispute might have caused the government to take the action it took. But it didn’t have to take that action. We’re not at the table, right? And I appreciate that as a nation-to-nation agreement, they’re dealing with the negotiation to avoid, so to speak, or manage further litigation, to restrict the scope of further litigation. There are obviously different considerations that the government would need to have.
In terms of certainty, just as the minister suggests that there is uncertainty in the face of this legal proceeding and any appeal that might follow, there’s also uncertainty raised by the government’s own actions in response to deal with the aftermath of this decision. And that’s what I’m getting at.
For example, we have the use of this very little-known two-page statute, the Environment and Land Use Act. I understand, from memory, because I don’t have all my notes with me regrettably, running around…. My understanding is that in the history of this act and various orders-in-council that have been issued under this act…. Just so the minister turns her mind to this, because this is affecting mining companies which look to the Energy and Mines Ministry for signals at least, if not assistance, as to how they’re supposed to invest and continue in this province in the face of this action by the government.
Again, we had a court decision that did not overturn or affect or impact or reverse the mineral tenure system in our province. It gave this province 18 months to go forward, which is what we’ve been talking about, a year ago from now. The minister has talked about the further stages of consultation. But the real work continues, hopefully, to come to an understanding as to how First Nations can have some sort of understanding as to how the mineral tenure system ought to work to meet their concerns.
In terms of these actions, I understand that in the whole history of this ELUA, Environment and Land Use Act, there’s never been an occasion where government has put in place orders-in-council as it has done on a retroactive basis. Even to the extent where there have been court decisions around the process around mineral tenure applications, where you’re in an application process and still…. An order-in-council that came in front of it, on top of that, still — the court rule had no application — could not stop the application process from completing.
Here we have mineral permits that have been issued, that have been in place. And with due respect…. I have tremendous respect for the ʔiiḥatisatḥ Nation. I’ve had many good discussions with Chief Simon John and other council members. I know the challenge that they face as a community, including their emergency measures. I understand the need for finding and protecting their lands but also to have the economic partnership going forward. Again, I’m not here to question their litigation approach. They have to represent and advocate for their interests regardless of which government is in power.
I will say this. In this case, the company, which is Privateer, even in their submissions…. I saw at one point that this is a company that has invested, over the years, $10 million to move forward with their mineral claims. Privateer expended close to $10 million to acquire and maintain the coal grant mineral rights. They spent about $65,000 a year maintaining the various cell sites. Well, these orders come down on this company and basically take away everything from them.
Now, I appreciate that there is an out if the nation in question is able to negotiate some sort of agreement, an understanding. Then perhaps they will get their permits again.
Never in the history of this province have we seen this government or any government of this land take that kind of effort, that kind of action. This is just an example of what’s happening under this minister’s watch to the mineral industry that she is responsible for.
Again, I appreciate that the minister, on a jurisdictional basis, might refer me, as the Indigenous Relations and Reconciliation shadow minister and someone who commonly works with the shadow minister for Energy and Mines, for so many years and good years, hopefully in different roles to come. I do understand and appreciate that we get bounced around from minister to minister, but the thing about this is that there’s a lot at stake.
This minister is responsible for the modernization of the mineral tenure regime and the Mineral Tenure Act. We’re talking about mining companies who rely on the Mineral Tenure Act, and we’re talking about a decision that deals with the Mineral Tenure Act. And now we’re talking about orders that have been issued that basically gut what a company has relied upon when they invested $10 million to acquire the claims in the first place.
I do think…. With due respect, I appreciate that this act might be under a different ministry, but the tools that are being utilized relate directly to the mining sector in this province. So again, I will ask the minister…. As she can tell, I’m very concerned about the signal this has sent to the industry.
We’ve heard this. The member for Kootenay East hears it all the time, every day, every week. Where is this province going? He has given other examples in terms of how mineral claims have been dealt with. And I’ve joined him for various calls, including in the Kootenays, relating to companies on the ground, companies whose employees, I’ve talked about in phone conversations, are making decisions about whether they’re going to continue in this industry or whether they’re going to have to move their families to Alberta or some other province. People are making real-life decisions based on the signals that this government sends.
I’m not even talking about the big nameless companies that the Premier likes to talk about. These are real companies that are providing real jobs on the ground, people who have been relying on and working in the mining sector for many years, generations. And these signals are important.
Again, I would ask the minister: can she please comment on the use of this tool and the uncertainty it causes the industry and those who rely, with their jobs, on the certainty in this province for the mining industry to go forward? And can she comment on how these tools, I think she’s suggesting to me, are only a temporary measure, that they won’t be utilized in other cases and other situations? Is that what the minister is saying?
The Chair: Very quickly, going forward, just as a comment, just a caution to members. With respect to the sub judice convention and the practice of the Legislative Assembly, to consider a matter of sub judice, from the date of filing a notice of appeal until judgment by the court, the House does not enter into debates of matters before the court.
This is just a reminder to all members in order to refrain from prejudice in any matter of proceedings not before this House. Thank you.
[H. Yao in the chair.]
Hon. J. Osborne: Thank you again to the member there for the long question and, obviously, his profound support for wanting to achieve certainty on the land base and certainty for the mining industry.
I would say, strongly, the signals that we are sending to the mining industry are that true partnership and collaboration with First Nations are required for the long-term success of this industry in British Columbia. I don’t think that anybody can argue with that. My message to industry is to participate in the work that we are doing to reform the Mineral Tenure Act, to do the work of building relationships with the First Nations in whose territories they operate. So many of the companies that are active in this province are doing just that.
I would submit to the member that the uncertainty that’s created by a series of court cases and by a successful appeal, if that was to occur — in this case, had we not achieved an agreement with the ʔiiḥatisatḥ and Gitxaała — is greater than the risk that’s created by the actions that were taken by government, as the member indicated, to manage further litigation, to restrict the scope of the work here.
I don’t think the member would possibly argue that otherwise. To get down to the work of the Mineral Tenure Act reform is a key concern here. Again, it is the key to achieving a long-term viable framework for mineral claims in this province, and we can only do that work if we do it with First Nations rights and title holders, with First Nations organizations and with industry at the table.
I also just want to read into the record that when this decision was taken and announced by government, Geoff Plant, former Attorney General, made comment. He said in Business in Vancouver: “I don’t think that what has happened here means that the sky is falling on the mineral exploration industry in British Columbia. The tool being used under the Environment and Land Use Act is unusual. It’s not used very often, but this is exactly the kind of situation where it can be used.”
As the member noted, and as I answered in previous questions, should the nation reach an agreement with the company in question, then the order can be amended. I, too, have deep respect for the ʔiiḥatisatḥ First Nation and have spoken with Chief Simon John many times over this issue, clearly, in the course of discussion in coming to this decision.
He has assured me several times that he is trying to achieve the respect and the certainty in the territory that he has a responsibility to steward and to uphold for the benefit of his people and that he in no way wishes to prevent mining from taking place. He is seeking partnership. He is seeking that collaboration with the company. And I encourage him and the company in question, of course, to continue the conversations that they may be having right now so perhaps they can reach an agreement and the order can be amended.
Again, coming back to the beginning of my statement here, this is about achieving long-term certainty for all British Columbians in this industry. The risk of a successful appeal and the justice returning with a decision that eliminated the 18-month suspension could have created so much uncertainty in industry that we have no choice. And we want to buckle down, get to work on this Mineral Tenure Act reform, and that’s exactly what we’re doing.
M. Lee: I appreciate the recognition, of course, that the minister and I both share for, for example, the ʔiiḥatisatḥ First Nation, and Gitxaała as well, of course. But I think that there’s a clear recognition of the….
I would agree with the minister’s description of the focus for Chief Simon John and the protection of the territory and for the generations. He’s had a history within the industries, in many different commercial industries, and he understands the importance of economic partnership. But they are struggling on many fronts, as we all know. I know the Minister of Indigenous Relations and Reconciliation has also been in those discussions to lend some support to that nation.
The minister raises former Attorney General Geoff Plant, a former Attorney General for Premier Gordon Campbell’s B.C. Liberal government. Certainly, I have a lot of respect for Mr. Plant. Certainly, I recognize he has weighed in on a number of government actions in the course of the last period of time, and I respect his view.
I will say that when government brings out that view, the view that we’re bringing out, of course, is also the view from the people who are on the receiving end of this. And just as Mr. Plant referred to, it is a seldom-used provision. I don’t know if those are the exact words the minister just cited, but it was something close to that. He recognized that it’s not used that often, or very seldom used.
Here we have a situation again with a clear court decision, no change to the Mineral Tenure Act, and government brings out this seldom-used provision or ability of this act to provide an order for the first time in the whole history of any order provided under that act on a retroactive basis. Even on a temporary basis, it’s been unheard of. So again, I cannot see how this government cannot see what kind of signal of uncertainty that sends when government can come down in that way.
Now, I will say again that the company involved and other companies that are involved with other nations in our province have a direct relationship. That’s the way mining companies have been doing business for years, before UNDRIP — that level of importance of partnership. I know there’ve been challenges at times. I know there’ve been failings, physical or otherwise. But the point is the effort and the approach have been there. And certainly, we in the opposition — or in government, I presume — don’t want to get in the way of that relationship.
By the way this government dealt with the aftermath of that decision, they have provided a different playing field for those parties to have to work on. And that shifting goal line and that shifting boundary in the rules of how mineral tenure and claiming are to work in this province have clearly shifted by this government — not by the courts but by this government. So that’s the concern.
When we literally talk about political risk, we’re not talking about judicial risk; we’re talking about political risk. That’s what they mean. It’s not a term I made up. It’s in the industry for decades. This is what the markets evaluate. This is what investors evaluate. This is why a risk factors section in a prospectus for a public company deals with this. It’s in the forms of the Securities Act of British Columbia, Ontario Securities Act. This is a requirement to address what the risk factors are.
I can’t see how anyone looking at this in London, in New York or in Toronto, the capital market of the country for mining, can look at British Columbia and say: “Oh well.”
I think it needs to be explained. I think the minister has made an attempt to explain that. I do hope that the emphasis on the word “temporary” is the case. Certainly, I see that word in the orders in some places. I understand the government’s view on the expectation that it has on the First Nation and the company involved. In this case, it is Privateer.
The fact of the matter is that that’s an expectation; that’s a hope. Hope certainly does undermine risk, because banks and investors can’t bank on hope. They can’t invest based on hope alone. We need to make sure there’s certainty in the regulatory environment in which they’re investing in companies.
This is part of the continuum, and this is the reason why, again, we’ve heard from different shapes and sizes of mining entities and industry leaders, across the whole mining industry, about this decision. This is not just a junior mining company, mining exploration and miner provision. It is something that affects the whole industry.
I think I’ve said what I wanted to say about this course. I wanted to come back to the Mineral Tenure Act, the consultation process, just so I understand it. I know AME has expressed some concerns, including publicly to the government, in some of their statements relating to the scope of the MTA review.
Could the minister please clarify. Given that we only have 12 months left in this process, what is the scope of this review?
Hon. J. Osborne: Thank you to the member for the question.
I’m going to take the time to fully describe the scope of work that’s before us and again, sort of sequentially, hit on a few things that I may have already mentioned.
Again, the underlying goal of the Mineral Tenure Act modernization is to promote responsible mining legislation through its alignment with the UN declaration and foster a competitive mining sector. I want to pause there and say that’s absolutely key — a competitive mining sector, one in which there is the certainty that the member speaks of. I fully agree it is the certainty that the investment community, that the mining industry, that First Nations, that the public, that we’re all seeking.
So that approach that we are taking with MTA modernization work is what has to happen to achieve that greater certainty for the sectors and for First Nations. And the approach is intended to increase the efficiency and consistency of the permitting process and support that greater predictability and certainty. And as I’ve mentioned several times today, it’s a long-standing priority for First Nations, for First Nations organizations, and a commitment of the province of B.C. that we’ve seen in the Declaration Act action plan, for example.
Specifically, in Gitxaala v. British Columbia, the province was given 18 months to consult and design a regime that allows for consultation with First Nations before registering mineral claims. So the court decision is a component of the MTA modernization work, but a key driver of the work remains the alignment of the statute with the UN declaration. So right now staff is currently working on how to navigate the need to be responsive to the court decision in the time that we’ve been given to do that and the very complex work and engagement with First Nations, with industry, with stakeholders that needs to take place for the full reform.
The full reform includes looking at approaches that align with the UN declaration and what these approaches will mean for individuals and for companies that are working here in British Columbia.
Now, the member also mentioned AME BC, the Association of Mineral Exploration of British Columbia, and they’re a very valuable partner in this work. Their opinion and their representation of the industry, of their members, is a key part of this. There have been numerous conversations between my staff and with AME BC’s staff around how they want to be engaged, and the AME is making it more and more clear all the time about how they want that work undertaken. We’ll continue to do that with them as an organization, with their members, because that perspective is critical to the success of this work.
T. Shypitka: Thanks to the minister for that.
I think the concern was that the scope of the modernization of the MTA includes a larger scope than what it is right now, and I think that’s what the minister was just saying right now.
Just to confirm that this is going to be a lot of work. This is a total revamp, a total overhaul of including other type land uses within the MTA. I think that’s what the minister is saying. No? I’ll ask her again then. The scope that the modernization of the MTA is going through right now does not expand the scope of use for exploration perhaps or any other types of things outside of staking claim and leasing of lands, surface or otherwise?
Hon. J. Osborne: Yeah, just to be specific, this is about mineral exploration, the Mineral Tenure Act, and it’s not about forestry or agriculture or any other land uses. It is specific to mineral exploration and the mining industry.
T. Shypitka: So 18 months, about a year left — is the minister confident that we’ll be able to get there in a year?
Hon. J. Osborne: Thanks to the member there for the question. To be clear, we are confident that we’ll be responsive to the court’s decision and in the timeline that the court has set down. We’ve stood up a Mineral Tenure Act modernization office, again specifically with staff who are dedicated to this project.
The larger project, of course, the scope, which has never changed since the announcement of the intention to align the Mineral Tenure Act with DRIPA…. That work is ongoing and, again, is just a key part of achieving that long-term certainty that industry, First Nations and communities and people in B.C. are looking for.
T. Shypitka: So sticking with the mineral tenures office that has been set up to assist in this work that’s going to need to be done here in the next year, what would be the minister’s opinion, and if she’s got some information on…? What is the workload? What keeps the mineral tenures office up at night? What is the highest priority and what are the most difficult decisions that they need to make?
Hon. J. Osborne: Thank you again to the member for the question.
I think it’s good to have a strong understanding that the Mineral Tenure Act modernization office is a very dedicated crew of staff, and what is absolutely front of mind right now is the work that needs to be done, the focus on engagement in developing the consultation and cooperation mechanisms with First Nations rights and title holders, in the engagement mechanisms for industry, in working with communities, local governments, NGOs, the broad public at large.
And how vital it is that all voices form a part of this process, that all voices are heard and have their say because the end-goal here is a viable, operable, workable system that provides the predictability and certainty that people are looking for, that everybody is looking for. We can’t do that if we don’t bring everyone along with us. It’s absolutely critical to do that work.
I want to let the member know, in case he doesn’t already, that there is a website that’s been stood up for the Mineral Tenure Act modernization work. It’s already populated with some of the engagement sessions that have taken place and that we’ll be posting all along as this work is undertaken so that we can be as forthcoming and transparent as possible. People can see where we are in the process and always understand how they can participate in it.
T. Shypitka: I’m fully aware of the engagement sessions. I’ve been to all of them. The minister said earlier that there were “420 people on this consultation,” so I’m sure that’s probably what she’s talking about. I think the first session was about 262 and the second one was a couple of hundred as well. Maybe that’s not what she was referring to, but I think it was.
I can tell you both those sessions were duplicates of each other. Consultation No. 1 and consultation No. 2 were a mirror image of each other. So I wouldn’t say that’s 400. Maybe it is. Maybe they’re all new. But I went through the list. I took screenshots of the questions. Pretty much a lot of them were the same people, and a lot of them were saying this is the same session we had yesterday or two days ago.
The way the consultation work was set up, there were introductions for, probably, roughly 15 to 20 minutes. There was an overview of the MTA, where it is, kind of a historical kind of reference to where it was. That’s probably another 20 minutes of that. And then there was some meat in there for about five or ten minutes, and there was probably about ten, 20 minutes of questions. I’d say, probably, I think the first session might have had, maybe, six questions or seven questions, and the second one might have had the same amount, five or six.
I don’t think you’re getting through to a lot of people. The free-miners’ certificates, the people that have free-miners’ licences challenged in the chat, saying: “We didn’t all get the notice.” And the ministry admitted that not all those notices went out. There was a problem.
I find that incredible because when those licences come due, it’s easy to get a hold of these folks at any time, yet when it’s something as important as this…. The minister just stated how important that…. The mineral tenures office wants to work with the industry, wants to work with free miners and those that state claim. It’s not working, I don’t think, right now, I think it’s fair to say. I think some would say it, maybe, a little louder than that. There are a lot of upset people, let’s just put it that way, that they’re not getting heard.
The minister also referenced the KEG conference. I believe there was a consultation, or presentation, that was supposed to be given, but it was cancelled, I believe, at the last minute. Maybe the minister might want to refer to that. I think they did try to attempt to get some one-on-ones, some private meetings. But the general population that wanted to hear it weren’t spoken to.
Now, the ministry might have felt that there was some anger in the room, or maybe it was threatening, or something like that, but that just goes to what I’m trying to explain here: that people are upset that they aren’t being included. It shows when the ministry cancels a presentation, because of that feeling. So I think, just given the circumstances and the evidence, that the ministry has obviously seen and probably felt, that it’s not working.
I guess the question for the minister is: what are we going to do to ensure that those people that are the boots-on-the-ground people, the ones that are directly involved with the MTA or the MTO process, that they’re heard?
Hon. J. Osborne: Thank you to the member for the question.
I’ll just start off by saying that this work has just begun. Nobody has missed an opportunity to participate in it. I’m glad that the member was able to participate in those pre-engagement sessions in March, twice. If you noticed that the sessions were similar, it’s because they were, because there were two openings offered to accommodate different people’s schedules. We didn’t want to just do it one time only.
If some people, like the member, were able to also take it twice, then that’s great. They got two opportunities to hear that and to give some feedback. They did provide some very, very valuable feedback on how people want to be engaged and have their voice heard.
We have heard — in fact, I personally heard, when I went to Nelson recently and met with some free-miner certificate holders — that they weren’t aware of the sessions, and they offered suggestions on how they could be contacted better. We listened and adjusted. So in April, when a third session was held to discuss some of the results from these first two sessions, we were able to send out about 6,000 emails to free-miner certificate holders.
In addition to that, we are working with AME BC to ensure that the message is getting out to their members. AME BC has informed us that they are going to undertake their own process with their members to solicit feedback throughout this. That’s fantastic, and we look forward to them providing us with the results of their engagement with their members. Of course, we’ll continue to do this as well.
At the Kamloops Exploration Group, the KEG conference, my staff reported to me that what they heard on the first day when they arrived at the conference was a lot of questions about how to meet and how to get their information in. They did make a decision to step away from a panel approach, where you would hear from a few voices at a microphone, and enter into much more personal dialogues back and forth instead of a presentation and then some response from the floor. They were able to undertake a number — it wasn’t an attempt; it was a number — of different conversations with individuals and organizations there and realized just how valuable that is.
Staff will continue this approach, so going to Minerals North, for example, in Kitimat, and undertaking the same approach, continuing to work with AME BC, of course, and then being responsive and changing as needed. I think that’s exactly what happened here, hearing from people about how they were wanting to be engaged, hearing that they weren’t getting the notifications and then adjusting the system accordingly.
T. Shypitka: Six thousand emails went out. Well, it’s a good thing that you ran into a couple of free miners in Nelson, then, I guess. That’s a lot of emails, 6,000 that would have been missed if not for that chance.
I won’t go any further on the MTA stuff, other than it sums it up…. I took screenshots of the different questions that were going through the chats and stuff, and a lot of it I can’t read. But one I will. It’s from a guy named…. I’ll just give his initials, J.B. “This session is not talking about proposed MTA reforms; it’s talking about the engagement process,” as the minister said. It’s not really engagement; it’s talking about engagement. They were wanting some more meat in that — what the reform looks like, what the options are that are out there, how the scope changes. Those kinds of things. It’s not wholesome enough, I think, is what I’m getting at.
I need to shift a little bit here, and I need to get a question into oil and gas before we’re out, if that’s okay.
The government budget and fiscal plan 2024-25 to ’26-27 shows a large increase in natural gas royalties in years 2 and 3 of the plan. In fact, the royalty forecast for year 3 is double that of year 1, or close to it. For ’24-25 it’s $754 million; for ’26-27 it’s $1.428 billion.
The question is about the Blueberry River First Nations implementation agreement that was announced in January ’23. Its goal is to ensure “Blueberry River members can meaningfully exercise their Treaty 8 rights and provide stability and predictability for industry in the region.”
Can the minister provide an update on how the Blueberry River First Nations implementation agreement is going? Is it proving the predictability of the industry? Are oil and gas authorizations, permits, being issued in a predictable and timely fashion in the region?
Hon. J. Osborne: Thank you to the member for the question.
I’ll comment on the similarity a little bit, the theme. We were just canvassing the Mineral Tenure Act, the need to modernize it and align it with DRIPA, and the need to shift the way that business is done in the mining industry, creating more certainty and predictability for industry. There are some similarities here, of course, because of the Yahey decision and the need to remove the inability of the First Nation in question to be able to meaningfully exercise their treaty rights.
As a result of the court decision, a lot of work was done to reach agreements, the Blueberry River First Nations implementation agreement that the member refers to — and not only with Blueberry River but with other Treaty 8 Nations, as well, to redefine the way that we do business in the oil and gas industry in their territory so they can meaningfully exercise their rights and so that we can account for cumulative impacts of years and years of industry decisions in their territory and the impact that has had on them.
I want to also comment on the complexity of this agreement: that it takes time, that we are learning a lot and that it’s not just the province and the nations but industry as well.
Specifically, with respect to where we’re at on the implementation of the agreement, over the past year, the B.C. Energy Regulator has actively reviewed and reached decisions on hundreds of oil and gas permitting applications. The B.C. Energy Regulator has issued permits within the Blueberry River First Nations claim area that adhere to a new consultation process and development rules, like ground disturbance caps and environmental conditions, that flow from the agreement with Blueberry River and the other Treaty 8 Nation agreements as well.
In 2023, the regulator approved 644 oil and gas applications in the Blueberry River First Nation civil claim area. In the same year, in 2023, the regulator made 780 statutory decisions that resulted in 1,058 wells approved — that’s in contrast to 288 wells approved the previous year — and also approved 86 pipeline projects.
Between January 1 of this year and March 31 of the first quarter, the regulator has already made 159 statutory decisions, resulting in 252 wells approved and 21 pipeline projects approved. Further, the commissioner recently sent a letter to all Treaty 8 Nations, just a few weeks ago, communicating that the regulator is shifting to a notification-level consultation for applications that will have low to no impacts to treaty rights. We’ll see some significant changes there.
Then finally. and I welcome further questions from the member, of course, I just want to note that in addition to the consultation work and the decision-making changes that that have been initiated, new landscape-level development and restoration plans are underway with some of the Treaty 8 Nations, including Blueberry River First Nations.
T. Shypitka: Thanks for the answer.
Historically speaking…. So 1,058 wells approved; I think 644 applications. There was a bunch of stuff there, but I’m interested in the historical. The year before, quite a difference. I think I know why.
Can we go back, perhaps, ten years historically, on what that looks like? What I’m getting at here is that we have got some forecasting here of $754 million in ’24-25, and $1.428 billion in ’26-27. How do those forecasts look…? I’m sure the forecast was based on historical information and data, and I’m not sure that what we’re seeing here in the Blueberry River region matches that historical data.
I’m wondering if the trajectory we’re on right now will certify that those forecasts are correct.
Hon. J. Osborne: The member is pointing out the changes, the increases in anticipated revenue. I would point out that it’s both a factor of volume or production, the number of wells, which, of course, are variable in their production — and also price.
He did ask for some historical records. I can’t go back ten years. I will just read into the record the new wells that have been approved. In 2019, it was 690. In 2020, 538. In 2021, 304. In 2022, 288, as I had said. Then in 2023, 1,058.
Just by way of comparison, in 2019, the volume figure he would be looking for would be 53,173 million cubic metres. In 2023, 69,043 million cubic metres.
Again, the price is a big part of the anticipated revenues. We can dive further into that, if the member wishes.
T. Shypitka: I’ll ask one last question. I don’t think I’ll get it today, but maybe staff can calculate it for me.
Sorry. It’s back to placer. I’ll just put it on the record. I don’t need the answer right now. It’s just on revenues from placer mining, for the latest update. I guess it would be 2023. I guess you’d probably have those revenues. That would include placer claim registration, payment in lieu of exploration and development work, registration of documents, placer lease applications, placer lease rental payments. I think that’s probably about it.
If you can get me those revenues. Also, what does it cost the ministry to regulate the placer industry?
The Chair: I’ll ask the minister to move the motion.
Hon. J. Osborne: First of all, I’ll just confirm that we’ll get that information for Monday.
I move that the committee rise and report progress and ask leave to sit again.
Motion approved.
The committee rose at 4:54 p.m.