Fifth Session, 42nd Parliament (2024)

OFFICIAL REPORT
OF DEBATES

(HANSARD)

Wednesday, May 15, 2024

Afternoon Sitting

Issue No. 439

ISSN 1499-2175

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


CONTENTS

Routine Business

Introductions by Members

Introduction and First Reading of Bills

S. Furstenau

K. Kirkpatrick

Statements (Standing Order 25B)

M. Babchuk

D. Davies

R. Glumac

S. Bond

A. Singh

B. Stewart

Oral Questions

K. Falcon

Hon. A. Dix

T. Halford

A. Olsen

Hon. G. Heyman

B. Banman

Hon. R. Kahlon

E. Sturko

Hon. M. Farnworth

T. Stone

Hon. M. Farnworth

Petitions

P. Milobar

M. Lee

D. Routley

Reports from Committees

M. Starchuk

T. Shypitka

J. Phillip

N. Letnick

Motions Without Notice

J. Phillip

Tabling Documents

Report on the administration of the Freedom of Information and Protection of Privacy Act, 2023-24

Petitions

S. Chandra Herbert

Orders of the Day

Government Motions on Notice

Hon. R. Kahlon

Third Reading of Bills

Committee of Supply

Hon. D. Eby

K. Falcon

Report and Third Reading of Bills

Motions Without Notice

Hon. R. Kahlon

Hon. R. Kahlon

Committee of Supply

K. Falcon

Hon. D. Eby

Report and Third Reading of Bills

Proceedings in the Douglas Fir Room

Committee of the Whole House

Hon. R. Kahlon

K. Kirkpatrick

A. Olsen

R. Merrifield

Hon. A. Dix

S. Bond

Proceedings in the Birch Room

Committee of the Whole House

M. Lee

Hon. N. Sharma


WEDNESDAY, MAY 15, 2024

The House met at 1:35 p.m.

[The Speaker in the chair.]

Routine Business

Prayers and reflections: S. Robinson.

Introductions by Members

Hon. A. Dix: Today in the galleries is Jason Jackson, the president of the Ambulance Paramedics of B.C.; and Warren Leeder, director of health and wellness for the Ambulance Paramedics of B.C., CUPE Local 873. They lead a union that’s playing an extraordinary role in transforming our ambulance system in B.C. They represent ambulance paramedics and dispatchers. They do an extraordinary job. I’d like you to wish them welcome.

I have another introduction as well, so I’ll go through and have people welcome both sets of guests today.

From the Arthritis Society of Canada, president and CEO Trish Barbato is here, and volunteer Mireille Compton.

Trish is the chief executive officer. It’s the leading national health charity contributing to arthritis research, advocacy and innovation.

Mireille is a longtime Arthritis Society Canada volunteer who lives with arthritis. Her teenage daughter was diagnosed with juvenile arthritis at two years old, and she and her mom live with arthritis and are extraordinary advocates for people living with arthritis.

I’d like all the House to welcome our ambulance paramedics and the representatives of the Arthritis Society of Canada.

S. Bond: I wanted to join the Minister of Health today in welcoming our ambulance paramedics here to Victoria and to extend our thanks, as well, for the incredible job they do every day. We see the heroic efforts they make in our province. And also to extend our welcome to Trish Barbato and Mireille Compton.

Nine hundred thousand people in British Columbia actually are affected by arthritis — one in six men, one in four women. We know how significant the impacts are. In fact, the Arthritis Society of Canada recently released a report card, and we know that British Columbia certainly has more work to do.

I join with the Minister of Health in welcoming these two very important groups of representatives here to the chamber today.

Hon. H. Bains: Hon. Speaker, in the gallery today is our good friend, your and my good friend, Daljit Singh Sidhu of Punjabi Market from Vancouver, and Balbir Singh Changiara, the community activist. They are here to watch the question period and watch the proceedings of this House. They have been active in the community for many, many years.

Please join with me and give them a very warm welcome.

M. de Jong: I’d like the House to welcome a group with whom, I have to admit, I’m not well acquainted. In fact, probably to an extent greater than most members, I’ve avoided this group fairly religiously over the last 35 years, but I still would like to welcome the New Car Dealers to…

[1:40 p.m.]

I actually haven’t seen that many car dealers since the last Social Credit government.

They, of course, perform a vital service. They are key to our economy. They provide a product and extended service that virtually all British Columbians depend upon.

I know my colleagues will make them feel very welcome here in the assembly.

Hon. J. Whiteside: I have two sets of introductions today.

In the gallery joining us this afternoon are members from my ministry’s government communications and public engagement team.

I’d like to give a warm welcome to Art, Arianna, Abhinaya, Kris, Jhosseline, Marie-Helene, Preet and Tracy and thank them for the incredible work that they do to bring to life all of the projects and the work that we do in the ministry and across our health system when it comes to the work we do in Mental Health and Addictions.

Secondly, not quite on the precinct yet but joining me for a meeting later this afternoon will be Dr. Nel Wieman, the acting chief medical officer for the First Nations Health Authority; and Dr. Nolan Hop Wo, also from FNHA.

I want to say that Dr. Wieman’s leadership has been particularly important during the impact of the toxic drug crisis on Indigenous communities. She is the first female Indigenous psychiatrist in Canada. I am very grateful for the collaboration that we have in the ministry with FNHA and with First Nations in trying to turn the dial on this crisis.

Would the House please join me in welcoming both sets of guests to the precinct.

Hon. G. Chow: In the gallery are three members of my constituency staff, who are sitting behind me. They are Forest Chu, Navleen Virk and Kayla Charchuk, who are visiting the House for the first time.

I’d like to express my deep appreciation for the work they do in the constituency helping the citizens of British Columbia. I think they chose the right time to visit. They said: “Well, after tomorrow, you may not be in the House.”

So thank you.

R. Merrifield: I hope so.

I do want to extend my greatest welcome to Steve Johnston. We said his name yesterday, but I just wanted to correct for the record. It’s Steve Johnston. Also, his wife, Leah, is here today.

Also, Dr. Michael Humer is here. I actually had a situation a couple of weeks ago in which a woman came up to me and said to me: “Do you know how Dr. Humer is in my phone?” I said: “No, I don’t.” She actually showed me. “Dr. Mike, the man who saved my husband’s life.”

Dr. Humer is actually a thoracic surgeon, so I asked her: “Oh, did he perform surgery on your husband?” She said: “No, my husband was suicidal. He, on his day off, walking with his wife, stopped in our city park and actually sat down.” For the next three hours, he literally saved this man’s life.

He is our candidate for Kelowna Centre.

Would the House please join me in welcoming Dr. Michael Humer.

Hon. N. Sharma: I have a few introductions today.

First, I just want to acknowledge…. I see Cathy Stock from the Indigenous justice secretariat is joining us.

Also, our Human Rights Commissioner, Kasari Govender, is sitting up here.

I’d also like to welcome the Native Courtworker and Counselling Association of B.C. They’re celebrating their 50th anniversary.

With us today are Hugh Braker, KC, president of the Native Courtworkers. Mr. Braker has been president of the courtworkers for almost 30 years.

We have Mr. Darryl Shackelly, the CEO of the Courtworkers. Mr. Shackelly has been with the Courtworkers for 27 years.

Mr. Shane Johnson has been with the Victoria Courtworkers for 18 years.

Ms. Rae Alcock, director of court services for the Courtworkers, has been with the association for two years.

Ms. Lurdes Balfour is the office manager and has been with the association for four years.

For 50 years, the Native Courtworkers have been providing culturally appropriate services to Indigenous people in conflict with the law by explaining to people their rights and responsibilities under the law, by arranging legal aid, by answering questions about the law, by arranging translation when necessary and by providing culturally appropriate services and workshops.

[1:45 p.m.]

It has been 50 years. I just want to thank the Native Courtworkers. It’s estimated they’ve served over 100,000 people so far.

Congratulations to you. Happy anniversary.

Hon. M. Rankin: Joining us in the gallery for third reading of Bill 25 today are a number of special guests: Gaagwiis, who is the president of the Council of the Haida Nation; Guujaaw or Gidansda, Haida Hereditary Chief; Stephen “Buck” Grosse, the vice-president of CHN; Peter Lantin, former president of the Council of the Haida Nation; Catherine Rigg and Kat Sanderson of the CHN negotiating team.

Also in the gallery are Chief Councillor Marilyn Slett of the Heiltsuk Tribal Council and on the First Nations Summit political executive; and Mr. Hugh Braker, who has already been introduced by the Attorney General.

Would the House please make them very welcome.

P. Milobar: I rise to introduce Lianne, a Tr’ondëk Hwëch’in member of the Hän Nation, also my wife for the last 30 years, who I’ve been told loves me more than I’ve actually annoyed her, so you know she must love me a lot. She is the proud mother of our children, Kayleigh, Dylana and Ethan, and Shëtsǫ to our granddaughters, Zoey and Azalea.

Will the House please give Lianne a warm welcome.

Hon. P. Alexis: I’ve been up a few times this week, but I’m out of kids. However, I am pleased to introduce several employees from the Ministry of Agriculture and Food who have come to watch the proceedings today.

Two co-op students, Melanie Procyshyn and Jillian Kennedy, are accompanied by Zofka Svec, Riley Chappell and Zac de Vries.

Thank you for the work that you do each and every day.

Would the House please make them welcome.

The Speaker: House Leader of the Fourth Party.

B. Banman: Thank you very much, Mr. Speaker. Will you please bear with me. I have a few introductions to make, the first of which I’ve introduced before.

My charming wife, Sharon, is here to watch the procedures today. She’s actually, believe it or not, looking forward to having me return for the summer. I know. It comes as a big surprise for me too.

We also have John and Elaine Lichtenwald, who are trying to bring affordable housing, actually, to the Cowichan Valley for some hospital workers.

I have John and Nora Koury. John may or may not be a candidate for a certain political party, which I understand we’re not allowed to talk about anymore.

Would the House please welcome all of the guests that are here today and make them feel most welcome.

Hon. L. Popham: I’ve got a few introductions today.

I just wanted to say that it’s also nice to see Zac de Vries here joining Agriculture and Food. He’s also a councillor for Saanich.

Thanks for your public service, Zac.

It is also B.C. Museums Week, and I have two special guests here. I have Lorenda Calvert, who’s the program manager, and Ryan Hunt, the executive director of B.C. Museums. I’ll be meeting them after to give them a proclamation.

Thank you for everything that you do.

Then, on a personal note, I’ve got four guests here today, the first one being my LOML, the love of my life. Dr. Sealey is in the House.

My stepdaughter Hope, who’s going to Camosun College, is planning on being a dental hygienist. She wants me to remind everyone to floss or use a Waterpik. I hear it all the time.

Her roommate, Kayla Liseaut, has just come here from Alberta. She has come to get a job here in British Columbia.

Thank you for that.

Then we have a legislative assistant, a really good friend to my stepdaughter, Helena Keenliside.

Everybody says you’re a real favourite.

Thank you, all, for being here.

S. Furstenau: I have two sets of introductions.

In the gallery today…. Well, on Monday, my colleague from Saanich North and the Islands introduced his A-team from his constituency office. I’d like to introduce my A-team from my constituency office.

[1:50 p.m.]

Tricia Datene, Julie Kay, Theresa Coles and Laura Boyd-Clowes are in the gallery. They are powerhouse women. They make a powerhouse team. I respect and admire them so much, and I’m so grateful for the service that they bring to the people of Cowichan Valley.

Also in the gallery today are the parents of one-half of our communications team. The parents of Amy Attas — Jackie Sturton and Mike Attas, all the way from Manitoba — are in the gallery.

Would the House please make them most welcome.

Hon. J. Osborne: I have two sets of introductions. I was going to space them out, but seeing the field is full here, I’m going to take the time to do both of them.

Also, I just want to note that you learn something new every day. The member for Abbotsford West…. I’m thrilled to know that there’s actually one thing I know more about than him, and that is new cars.

I do want to welcome the New Car Dealers, who are absolutely pivotal in moving our province to a cleaner and greener economy as more and more British Columbians are making that choice to buy a plug-in hybrid or a fully electric vehicle. Today, of course, was the annual EV ride-and-drive day, and I hope that members got out during the lunch hour to see some of the many makes and models of electric vehicles that are available for sale at the 400 franchise new car dealerships in 55 communities across British Columbia.

I’m delighted to introduce some of the folks who not only serve on the board of the New Car Dealers Association, but they also serve their communities, supporting sports teams and community organizations and employing thousands of people across the province.

With us today are the chair, Ann Marie Clark from Nanaimo; past chair, Anthony Lunelli from Kelowna; Dave Bare from Parksville; James Carter from North Vancouver; Deryl Griffith from Richmond; Mike Hacquard from Surrey; Peter Heppner from Langley; Darren Johnson from Victoria; David Jukes from Maple Ridge; Peter Sia from Prince George; John Wynia from Nanaimo; and last but not least, of course, their president and CEO, Blair Qualey.

Would the House please help me make them feel very welcome.

K. Greene: Yes, I feel like I’ve won the lottery.

I’d like to introduce two people to the chambers today. One is Judia Pelech. She was a teacher in White Rock for 38 years. She’s a constituent of mine and a wonderful supporter.

I’d also like to introduce Savanna Pelech, her daughter-in-law, who I’m very pleased to be able to call a friend.

Please make them welcome.

The Speaker: My apologies to the minister. Please continue.

Hon. J. Osborne: Quite all right, hon. Speaker.

I’m really pleased to introduce another set of guests today. These are people who are making a huge difference in the lives of children and youth and their families through their roles as educators and professionals in our public school system. These are members of the Alberni District Teachers Union, who work hard to advocate for the professional and personal well-being of teachers and to influence the legislation and policies that impact education funding, curriculum standards and classroom conditions.

I’m grateful that they take time with me, as their MLA, to make sure that I have the information and understanding that I need to advocate for public education and to address the issues that are facing students and schools in Port Alberni, Tofino, Ucluelet, Bamfield and nearby communities.

Joining us in the gallery today we have Ryan Dvorak, who is the president of the ADTU; Wendy Arnett, vice-president; Mark Garand, who is president of the Ucluelet-Tofino Teachers Union, which is a sublocal of ADTU; and Lindsay Kolba, the ADTU’s professional development committee chair.

Would the House please join me in making them feel very welcome.

K. Paddon: I have the pleasure of sharing that May 16 is the birthday of my daughter Aurora. We call her Rory. She is all of the most amazing pieces of me, and my best friend. I am so privileged to be her mom. She’s at a job interview right now. I can’t answer my phone, but I think maybe she’s letting me know how it went. She starts the ECE program, the dual-credit program, next year.

I am immensely proud of how she creates and dances through life and takes things on. She is only 17 but teaches me so, so much and is going to be a teacher someday for elementary school.

Would the House please join me in just celebrating this amazing human and wishing her a happy birthday.

[1:55 p.m.]

Hon. R. Kahlon: Two sets of introductions.

First, we’ve got five amazing individuals who have been working with our government caucus this spring. They have been doing amazing work.

I want to recognize Aza Bryson, Jiven Lal, Victor Lucy, Anna-Elaine Rempel, Alexa Van Cuylenborg and thank them for their amazing work within our ministries, working with our caucuses, and hope they enjoyed their time here in the Legislature.

I also want to recognize three constituents that are here today. I’ve got Dhaljit Singh Varaich, Sukhwinder Singh and Baldev Singh, who are visiting from North Delta for the first time.

Can the House please join me in making them feel very welcome.

R. Glumac: I have three introductions to do today.

First, I would like to introduce Jason Spotswood, who was a friend of mine from my university days. It’s been almost 30 years since we’ve seen each other. He’s disappeared off to Australia, living a wonderful life, but he’s come back today. Would the House make him feel welcome.

My second introduction. I think the last time she was in the House was when I surprised her with a speech that was a proposal. She’s back today. Now there are no surprise speeches, but I want to introduce her as my wife, because we got married on the weekend.

Would the House make her feel welcome — Haven.

And the third one. I’d like to just acknowledge that today is my son’s birthday, Nico Glumac. He’s becoming a teenager now. He was the best man at my wedding. Amazing little guy. He’s going to do amazing things in life.

Happy birthday, Nico.

The Speaker: Now I’m thinking between the two ministers.

Minister of Indigenous Relations and Reconciliation.

Hon. M. Rankin: There you go.

I’d like to present to the House two long-serving public servants — Doug Caul, who is the deputy minister in the Premier’s office; and Sarah Plank, who for 20 years has been working in the Ministry of Indigenous Relations, now the senior director of consultation and engagement. Both of these individuals have worked tirelessly to bring to the House today Bill 25.

I want the House to please make them feel welcome.

Hon. M. Farnworth: Best for last, right?

I’m honoured to introduce four members of my deputy minister’s office, whose hard work and dedication help keep my ministry running smoothly. They do amazing work.

I’d like the House to make most welcome Carly Parry, Alexis Di Georgio, Katelyn Bennie and Kelsey Highsted.

Would the House please make these four dedicated public servants very welcome.

D. Davies: I do have a couple of sets of introductions to make.

Before I read the introduction here first, the individual I’m going to introduce and his partner, he used to be a staffer for the opposition caucus. I better read his prepared introduction that he prepared for me, or he might be upset if I don’t read it.

Joining us today in the public gallery is a familiar face to many of us in this chamber. Neil Parkinson-Dow is a former legislative staffer in the opposition caucus and now serves as a staff officer in the Canadian Coast Guard. He is joined by his partner, Andrew George, a military musician who plays in the navy band of the Royal Canadian Navy and who recently placed first class at the Vancouver Island Showdown bodybuilding competition.

Would the House please join me in welcoming them both here today.

I know this is a bit long-winded, but my second introduction is an interesting story. A few weeks back I walked into our office, and I saw these two young men sitting there. I was told to introduce myself, and we started talking. They were, I think, brought here by the Deputy Speaker or the Assistant Deputy Speaker, two fellows from Mongolia who were just wandering through and were very interested in our caucus and this legislative place.

[2:00 p.m.]

Anyways, I gave them my card, and I said: “Well, if you’re ever back in Victoria, look us up.” They arrived today and looked me up.

The two introductions are Amar-Erdene Altan Ochir — he is from Vancouver, studying there, from Mongolia; and Tengis Luvsandorj, who lives in Los Angeles right now, studying there. I think he’s the one who said…. He wants to be the president of Mongolia, I think is what he told me, one day.

Would the House please make all of our guests welcome.

J. Sims: I want to introduce and thank three amazing women. These women work in my constituency office. As you know, when we’re away, they actually have our backs. Not only that, their commitment to their work and their dedication, not just during work hours, and the tremendous amount of outreach they do into the community and their depth of knowledge about my community.

Anyway, these three women make me look good, and I’m always so grateful to have them back at the office. That is Mindy Bansal, Jennifer Campbell, Pamela Sidhu, the best CAs in the whole province.

J. Rice: My apologies to my colleague. She’s been standing way longer than I have.

Forgive me, Joan.

I have two introductions.

First, I wanted to introduce my legislative assistant, Helena Keenliside, who does a phenomenal job of keeping me on track and on time. Well, most of the…. Not often, okay? She has no control. I am late for everything.

The second introduction I wanted to make was to introduce someone who’s on the floor with us today, former MLA for North Coast Gary Coons, who served as the MLA from 2005 until 2013. He was my predecessor. He is a well-known, beloved community member, a former teacher of math and phys ed, former president of the Prince Rupert and District Teachers Union. He’s a lifelong and talented hockey player and coach, having played Junior A hockey on to playing for the University of Western Ontario, where Coons claimed a university league record for the most penalty minutes.

As MLA, I was very inspired by the work that he has done. I was a tenant. I lived in his basement suite, where we became friends. I learned so much about politics in British Columbia, which is a motivating factor for why I’m here today. He was instrumental in helping improve the Fair Ferries Act, lots for ferries. He pushed the government of the day to be more accountable for the tragedies on the Highway of Tears. He has done so many things.

I owe it to him for my place in this House. We bonded over the expansion of open-net fish farms, which was a threat that was moving to the north coast, to the mouth of the Skeena River. Collectively with many others, we successfully secured a moratorium for the expansion of open-net finfish aquaculture in the North. That’s how we bonded on the environment. That’s why I’m here. I don’t know if to thank him or kick him for that.

Lastly, my favourite anecdote, or one of many anecdotes, because everyone knows he’s a joker. When Gordon Campbell was Premier, he was visiting in Prince Rupert one time, and Gary popped up a pop-up shop out of every meeting that he attended, every building, with his placards, trying to do better for children in education and getting a fair deal for teachers.

The Speaker: Thank you, Member.

J. Rice: I’m sorry for the length. Thank you.

Hon. B. Ma: I rise on a point of privilege against the comments made by the member for Surrey-Panorama. You see, I actually have the best constituency assistants in all of the province.

We’re joined today by Joshua Saville and Camille Mantilla in the gallery. They do amazing work handling the correspondence for constituents, guiding them through the numerous litany of government processes and services available to them and, of course, helping to keep me organized and well informed of matters going on in the community when I am doing work here.

Will the House please join me in making them feel very welcome.

[2:05 p.m.]

J. Phillip: Today in the House, we have with us the Downtown Eastside SRO Collaborative, a group of tenants and organizers who are here with us today to bear witness to the debate of Bill 27.

The SRO Collaborative is organizing peer programs in 60 of the privately owned hotels with a goal of helping tenants gradually gain more voice and autonomy over their homes. Their work prevents homelessness, builds community and improves habitability and safety for the 3,500 tenants in these privately owned hotels.

Please make them feel welcome here today.

M. Lee: I wish to join the Minister of Labour in welcoming Mr. Balbir Sahota of Surrey to our chamber here — Mr. Sahota, good to see you — as well as Mr. Daljit Sidhu, who is a pioneer of the Punjabi Market in South Vancouver. He has been a great friend to the community.

Many of you know his work, as well, with the Insurance Brokers of British Columbia, and the fact that Mr. Sidhu has done many great things in the community to bring all of us together. He continues to talk about multi-faith, interfaith discussions and bringing many ethnocultural communities together and the good benefit and the support of a more inclusive society, including in South Vancouver.

All members, please join me in welcoming Mr. Sidhu. Thank you.

G. Begg: I rise today to introduce three guests of mine in the gallery. They are the family of my former constituency assistant, who is now our current caucus constituency support manager, Priyanka Krishna. Her father, Gopal, her mother, Betty, and her aunt Shirley are visiting her now.

This family moved here to Canada in 1998 and began their journey of becoming Canadian citizens. Before moving here, Betty was a teacher in India and Dubai, and Gopal was a pilot and business owner. Gopal is now a retired TransLink bus driver and a union brother. He retired after 15 years of service. However, he still works as a tax advisor, and when he isn’t working, he air models or helps out at their local church.

Betty is a retired child care provider. She ran her home daycare in Burnaby for over 20 years and just had her last cohort of kids leave at the end of the year. She now spends her time busy in her garden and her church and community groups. Shirley is a retired head emergency nurse who, after 40 years of service, has finally come to Canada for a holiday.

Would the House please make them feel welcome.

Hon. S. Malcolmson: Mr. Speaker, allow me to introduce more people from Nanaimo who are in the House today.

Across the way, my friend Kwul’a’sul’tun, former Chief of Snuneymuxw First Nation, Doug White III, now special counsel to the Premier.

Also, one year ago today she joined my constituency office team in Nanaimo, Anna Bosa. She’s here for the first time with her family-in-law, Lynne Wilson and Kevin Banks.

Will the House please make them all very welcome.

D. Routley: Joining us today in the gallery are representatives from two organizations on Gabriola Island: Kristina Baerg, Rob Brockley, Hugh Skinner and Ann Landry.

The first organization is the Gabriola Land and Trails Trust, which this year celebrates two decades of working to conserve areas of environmental, historical and social importance on Gabriola and which has been instrumental in developing a network of sustainable parklands and trails throughout the island.

[2:10 p.m.]

The second, more recently established group is the Gabriola Island Memorial Society, which was formed with the goal of establishing a green burial and memorial park on Gabriola Island.

These two groups have partnered with the vision of creating a green burial site surrounded by a network of trails and areas for quiet reflection, and they are currently working together to acquire a piece of land known as Honeysuckle Woods.

They are joined with an amazing CA, my CA, no stranger to many on both sides of the House, Pam Cooling.

Would the House please join me in welcoming these amazing community volunteers and my CA to the Legislature.

D. Ashton: I’ve served 11 years here, and believe it or not, I always say this is my Victoria family. Just like my family at home, we don’t get along all the time, but you know what, we’re still family — those past and present on the floor. Unfortunately, I couldn’t be home today, but today my mom turns 99.

Let’s all wish her a happy birthday.

Thank you. I really appreciate it, seriously.

Before I sit down, I have two friends — I’ve never had anybody from Summerland — the gentleman and his lovely wife up here, Doug MacDonald and Donna MacDonald. I grew up with Doug MacDonald. From grade 1, we’ve known each other. Along came a beautiful lady in his life, Donna. They married, have two wonderful children. They are both incredible teachers. Doug finished his career as a principal. Donna taught kids with special needs and also taught kids from the Penticton Indian Band and did a wonderful job at it.

Could my Victoria family make the two individuals up there that I call friends welcome, please.

The Speaker: If anybody was left out, not introduced, on behalf of all members, we welcome you. Thank you so much for coming. I think this was the longest introduction session on record.

Introduction and
First Reading of Bills

BILL M227 — SOCIAL WORKERS
AMENDMENT ACT, 2024

S. Furstenau presented a bill intituled Social Workers Amendment Act, 2024.

S. Furstenau: I move that a bill intituled the Social Workers Amendment Act, 2024, be introduced and read a first time now.

Oversight, accountability and ethics are crucial to protecting the health and safety of those working in social services and the people they serve. While social workers are regulated across Canada, in B.C. only a fraction are required to register with the College of Social Workers. Those employed by the B.C. government in the Ministry of Children and Family Development and the Ministry of Social Development and Poverty Reduction are exempt.

This bill would amend the Social Workers Act to require all people using the title “social worker” to hold a degree in social work and be registered with the B.C. College of Social Workers. Properly regulating social workers in B.C. would strengthen the profession and protect the public. The First Nations Leadership Council and the B.C. Association of Social Workers have long called for this change. This bill would require all social workers to adhere to the established code of ethics and standards of care established by the profession. It would help minimize the risk of fraud and harm, and it would provide recourse for those experiencing abuse in the systems, paving the way for greater trust and accountability.

We know the problems in our social welfare systems have been urgent and ongoing. This is one small step to improving the delivery of services, protecting the profession and title of social worker, and most importantly, protecting the public.

We hope the government recognizes the value of this important legislative change.

The Speaker: Members, the question is first reading of the bill.

Motion approved.

S. Furstenau: I move the bill be placed on the orders of the day for second reading at the next sitting of the House after today.

Bill M227, Social Workers Amendment Act, 2024, introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the House after today.

BILL M228 — VICTIMS OF CRIME
(PUBLICATION BAN CHOICE AND
AWARENESS) AMENDMENT ACT, 2024

K. Kirkpatrick presented a bill intituled Victims of Crime (Publication Ban Choice and Awareness) Amendment Act, 2024.

K. Kirkpatrick: I move that a bill intituled Victims of Crime (Publication Ban Choice and Awareness) Amendment Act, 2024, of which notice has been given in my name on the order paper, be introduced and read for the first time now.

I rise to address a significant oversight in our current justice system that has left survivors of gender-based violence without the support and rights they critically need and without their voice.

[2:15 p.m.]

This bill I am introducing seeks to empower survivors of gender-based violence by ensuring they are fully informed about publication bans that might apply to their own case. This legislation is about giving survivors the ability to make informed decisions regarding their privacy and how their cases are discussed publicly.

It aligns with federal bill S-12, and it will mandate that all provincial justice system personnel, including police officers, must inform survivors if a publication ban is in place. More importantly, it will guide survivors on how to request a variation or revocation of such bans, giving them more control over their own personal information. While publication bans are meant to protect victims, in many cases it just works to protect the perpetrators.

This piece of legislation was developed in close consultation with Jade Nielsen and her colleague Kelly, originally working with My Voice, My Choice. It reflects the needs and recommendations directly from survivors and those who support them daily. By amending the provincial Victims of Crime Act, we ensure that every victim of sexual offences in our province can have a voice and a choice in the matter of publication bans. We have to strengthen protections for victims of gender-based violence and defend their rights strongly.

The time to act is now. We must not delay in making these essential changes that support victims of violence. I urge my colleagues across the aisle to stand with me in supporting this bill and in ensuring that our justice system is truly just and supports survivors.

The Speaker: Members, the question is first reading of the bill.

Motion approved.

K. Kirkpatrick: I move that this bill be placed on the orders of the day for second reading of the next sitting of the House after today.

Bill M228, Victims of Crime (Publication Ban Choice and Awareness) Amendment Act, 2024, introduced, read a first time and ordered to be placed on orders of the day for second reading at the next sitting of the House after today.

Statements
(Standing Order 25B)

KIM BLACK AND CYSTIC FIBROSIS
AWARENESS AND FUNDRAISING

M. Babchuk: May is Cystic Fibrosis Month, and I’d like to take this time to highlight an inspirational woman in Campbell River and her remarkable family.

Kim Black was diagnosed with CF at 16 months of age. The family was devastated, but they weren’t just going to sit back and watch her health decline. So they started an official chapter of Cystic Fibrosis Canada in Campbell River to raise awareness of the disease.

The family was very strict with Kim’s treatments at home and travelled to the CF clinic in Vancouver every three months for specialized care. As she got older, she spent more and more time in hospital on IV antibiotics. She was diagnosed with CF-related diabetes the year she graduated from school but then went on to graduate with a bachelor of science in nursing. She worked for several years in Vancouver, but eventually the disease worsened, and she had to stop.

Kim works daily to maintain her level of health and continues to raise awareness and fundraise. She’s been awarded the Courage to Come Back Award and several CF Canada provincial and national awards in recognition of her advocacy. Approximately six years ago, she was lucky enough to participate in the clinical trials for Trikafta. She saw immediate and significant improvement in her lung function and overall health. Today she lives back in Campbell River with her family and six-year-old son along with her husband, and she is continuing her efforts.

The Black family and the Campbell River chapter of Cystic Fibrosis have raised well over $2 million from their Brind’Amour Nugent-Hopkins Golf Classic. This year the CF Campbell River group is hosting the Walk to Make Cystic Fibrosis History. It takes place on Sunday, May 26 at École Willow Point Elementary School, registration at 10:30, start walking at 11, and the Kinsmen will be doing a barbecue lunch following the walk.

Please go to the Walk to Make Cystic Fibrosis History website, sign up or donate.

We’ve come a long way with this disease and the treatment for CF, but we still have no cure. Let’s make cystic fibrosis history.

ENERGETIC COUNTY FAIR

D. Davies: The Energetic County Fair is coming back to Fort St. John for a third year, and it’s bigger and better than ever. The three-day festival includes performances from headlining international music stars joined by our world-class local and regional performers that will provide music and song from different genres and styles to provide entertainment for a wide range of music lovers.

[2:20 p.m.]

This year’s headliners include the classic rock icon April Wine and country music star Terri Clark. Chapel Hart is back by popular demand. We have American Idol sensation Cameron Whitcomb; a Bryan Adams tribute band called Reckless; an ’80s rock band, Witchazel; and none other than our own Peace River South’s HAVEN, who will be performing at the festival this year. It’s a great opportunity to share the stage with big names, large audiences and to showcase the amazing talent we have.

The festival will take place this July 18 to 20. It’s situated just a few minutes from town in Charlie Lake. It’ll be full of vendors, a local craft beer market, activities for kids and, of course, the 20 musical performers entertaining everyone for all three days. There’s a campground to stay beside the fairgrounds and, of course, there will be shuttles back and forth to Fort St. John.

Four years ago the organizer of the county fair, Dale Plourde, moved back to Fort St. John and wanted to use his skills and background that he had honed in Vancouver by hosting such events. And he wanted to bring it back to the Peace region. He aimed high, and his first Energetic County Fair was a great learning experience. By the second year, he had sold 3,500 tickets. This year they’re well on their way to reaching 4,500 tickets from folks right across the continent.

The festival has brought tourism dollars to the region and helps make Fort St. John a destination for travel. It is food, art, music and culture at its best.

Please do not miss this historical event.

DES WILSON

R. Glumac: There can be a lot of division out there in the world, and how we handle differences of opinion says a lot about who we are.

I knew a man of incredible principle who was also one of the kindest men I’ve ever known. Des Wilson became president of my riding executive and was always the steady voice of calm, no matter what issue arose. When the party he supported went forward with building Site C, he calmly resigned on principle.

His care for the environment was uncompromising. He started early in his career as a geologist working in the field but extended, through his time at Douglas College, as an educator, where he started the college’s first environmental science course with the love of his life, Adrienne. It was there, always striving for fairness, that he reformed the college to allow more educators to have job stability.

Later in life he turned his time to the arts. I first met Des when I joined the board of the Port Moody Arts Centre. He was an accomplished woodturner, and he firmly believed that art is fundamental in community. And community is something he nurtured every day of his life, whether it be music nights at his home or when he created an art-in-the-garden event to bring art lovers out to visit their neighbours.

Des showed all those around him that we are all people. We all deserve to be treated with respect. His disagreements were never personal but always principled.

We’ll miss him, but his wisdom will carry forward in all the people whose lives he has touched.

PRINCE GEORGE COUGARS HOCKEY TEAM
AND HEAD COACH MARK LAMB

S. Bond: Well, it was a season for the record books, and while it didn’t end quite the way we hoped it would, we could not be more proud of the Prince George Cougars hockey team and organization.

I’ve been a proud supporter of the team since they arrived in Prince George 30 seasons ago. My colleagues on this side of the aisle certainly know that, as I rarely miss a chance to rub a little salt in the wound when one of my local team humbles one of theirs.

As B.C. division champions, the WHL Cougars gave me plenty of those opportunities this season. It was clear from the beginning of the season that this was a special group of players poised to take the Cougars to new heights. Led by league-leading goal scorer Zac Funk, of Coldstream and rookie goaltending sensation Josh Ravensbergen of North Vancouver, the Cougars earned a B.C. division crown and the best record in the Western Conference.

The excitement that was building throughout the season erupted as the playoffs began, and Prince George showed up as they always do, selling out the CN Centre, wearing white and loudly cheering on our team.

Through the first two rounds, the Cougars fed off the excitement of the home crowd and defeated their opponents from Spokane and, yes, Kelowna.

The Cougars fought hard in the Western Conference finals against Portland, but unfortunately, the bounces did not go our way.

Despite the heartbreaking defeat, the Cougars made us all proud of them this season. It truly was a season to remember.

[2:25 p.m.]

I want to also acknowledge the accomplishments of head coach and general manager Mark Lamb, who won both the WHL’s Executive of the Year and Coach of the Year awards for his tremendous success in building and coaching this roster. And while some players will move on to professional leagues or on to college scholarships, Coach Lamb will be back with a strong core of returning players who will ensure that we have lots to cheer about next season.

Thank you for an amazing hockey season.

Go, Cats, go!

ASIAN HERITAGE MONTH AND POETRY

A. Singh: May is Asian Heritage Month in British Columbia and a chance for us to celebrate the numerous contributions Asian Canadians have made to our province.

Poetry is the language of the heart, and I wanted to share some poems that illustrate the diversity of talent that B.C. has given us.

The first is “My dad cuts fruits for me.” It’s by Harman Kaur, who now lives in the Bay area but was born right here in Abbotsford, B.C. It speaks to undertones of discrimination that exist in stereotypes, and it hits close to the heart, as I also cut fruits for my daughter, Leni, and she’s the absolute centre of my life.

Where my parents come from,
the men do not lift a finger in the kitchen,
but my dad cuts fruits for me.
My people prefer to have sons over daughters,
but my dad cuts fruits for me.
Punjabi dads are supposed to be cold and removed from their daughters,
but my dad cuts fruits for me.
Daughters are going to leave one day and go to their real homes,
but my dad cuts fruits for me.

The second is by my friend Rita Wong, who is an accomplished poet and well-known environmentalist and teaches in the critical and cultural studies program at Emily Carr University. It’s “Q’élstexw.” I hope I get that right. It’s Halq’eméylem.

the city paved over with english cracks open,
stubborn Halq’eméylem springs up
among the newspaper boxes and mail receptacles
in the shade of the thqa:t
along the sidewalks lined with grass and pta:kwem
waiting to grow anywhere they can
around the supermarkets full of transported food —
kwukemels, tomatoes, chocolate and chicken
under the wet green shelter of chestnut and p’xwelhp leaves
carried on the tricky wings of skwówéls,
also known as qukin, gaak, gwawis, setsé7
and more in the languages of this land
more to tree & bracken & cucumber & oak & raven
than meets the stiff I
root & stomach & seed speak glottal, gut & gift
return

CENTRAL OKANAGAN CRIME STOPPERS

B. Stewart: Imagine a quiet evening in the heart of the Central Okanagan. Families are gathered around dinner tables. Children are playing in their yards. The tranquility of our community seems unbreakable.

But suddenly the pieces shatter. A masked figure storms into a local convenience store, demanding cash and other valuables. Fear grips the hearts of the innocent bystanders, and the sense of security that once enveloped our community is threatened.

In the face of chaos, our story takes a turn. As the perpetrator flees into the night, a concerned citizen, witnessing the crime from a safe distance, picks up their phone. They call a number that has become the beacon of hope in our community, the number for the Central Okanagan Crime Stoppers. This call sets off a chain of events that will ensure justice is served and peace is restored.

For over 37 years, the Central Okanagan Crime Stoppers has been a cornerstone of community safety. Staffed by two dedicated individuals, the program has processed over 32,600 tips, recovering over $94 million in stolen goods and drugs and clearing thousands of cases.

The Central Okanagan Crime Stoppers Society, with its dynamic board, spearheads fundraising and educational initiatives that further empower our residents. There are innovative approaches, including Make Bail — admittedly something that I’ve been arrested for and had to make bail; bike safety rodeos; the integration of the Project 529 app; and actively advancing crime prevention.

The Central Okanagan Crime Stoppers doesn’t merely respond to threats; they proactively prevent and dismantle them, safeguarding our community and tranquility and ensuring a legacy of safety for generations to come.

[2:30 p.m.]

Oral Questions

CANCER CARE SERVICES AND
HOSPITAL PROJECT IN SURREY

K. Falcon: This Premier promised the people of B.C. results that people could see, feel and touch. Well, the results are in. Health care outcomes in this province have never been worse than they are today.

Shocking new documents obtained by the opposition reveal that Surrey patients suffer the longest cancer treatment delays in the province. The documents also reveal: “Today B.C. cancer system capacity is insufficient to meet patient needs, and in Surrey, only 42 percent of new patients see an oncologist within the clinically recommended time frame.”

My question to the Premier: cancer is a disease that doesn’t wait. After years of promising results, why has this Premier failed to deliver better results for cancer patients in Surrey?

Hon. A. Dix: It’s why, in B.C., we’re on a ten-year cancer plan; why last year we added, across British Columbia, 92 new cancer doctors; why we’ve increased investments; and why in Surrey, at a hospital in Cloverdale that the Leader of the Opposition, a former MLA for Cloverdale, opposed…. You can’t go home again, I guess. He opposed.

We’re ensuring that Surrey will have two cancer centres, to ensure that the growing size of Surrey and the growing demand for cancer treatment in Surrey are reflected by the resources in the system.

The Speaker: Leader of the Official Opposition, supplemental.

K. Falcon: Well, this is the same NDP government that is currently sending cancer patients to the United States of America, to the evil private health care system that they always decry. Why? It’s because they can’t deliver basic radiation treatments here in British Columbia.

The fact of the matter is that the last time this ever happened in British Columbia was the last time the NDP were in power. It is literally a self-created crisis.

Let’s be clear. It is under this NDP government that cancer care wait times in Surrey have become the worst in the province. The member mentions the second hospital. For seven long years, the NDP has been promising Surrey a new full-service hospital. Instead, residents will get a shockingly inadequate facility that is already $1.2 billion over budget and three years behind its scheduled construction start.

New freedom-of-information documents reveal that this inadequate 168-bed facility is projected to be way over capacity before the doors even open. The clinical services plan admits that the entire facility, along with the operating rooms and procedure rooms, will be outdated and inefficient years before a single patient even walks through the doors.

My question to the minister, since the Premier won’t answer any questions: with skyrocketing costs and endless delays, when will this government end this disastrous NDP mismanagement and actually deliver the full-service hospital Surrey desperately needs?

Hon. A. Dix: A lot of people can ask legitimate questions about health care, but the person who decided to sell the land for Surrey’s second hospital to a Liberal donor…. Yes, there should be a second hospital today, and they sold the land. They sold the land.

We need more medical professionals in British Columbia. We’re building a new medical school in Surrey with SFU. Who stopped that from happening when he was Minister of Health, Minister of Finance? The Leader of the Opposition.

Interjections.

The Speaker: Shhh, Members.

Hon. A. Dix: We’re building a cardiac catheterization lab in Surrey. A new renal centre in Surrey is being built now as the hospital is being built.

Interjection.

The Speaker: Member.

Hon. A. Dix: We’ve added, at Surrey Memorial Hospi­tal — 180 positions, full new positions at Surrey Memorial Hospital; a new urgent and primary care centre in Newton; a new urgent and primary care centre in North Surrey. The list goes on and on. There is more investment in health care in Surrey than ever before.

[2:35 p.m.]

The contrast with a political party on the opposite side, which sold out Surrey and sold their land for the hospital, could not be more stark.

T. Halford: Only this NDP government can continually overpromise and underdeliver when it comes to health care, especially in Surrey.

Interjections.

The Speaker: Shhh, Members.

T. Halford: After seven years of broken NDP promises, we are still waiting. By 2030, this project will have dragged on for 13 years since it was first announced. Worse yet, 168 beds, no ICU, no maternity ward, no pediatric care — 13 years, and they can’t even deliver that.

If someone suffers a heart attack or has a serious illness just a block away, are they going to go there? No, they’re not, because it’s a triage centre for minor treatments. This is all confirmed in FOI documents. The minister should know that, and he should be transparent in this House when he stands up to answer a question.

Why does the Premier continue to fail Surrey with inadequate and delayed half-measures instead of giving Surrey a full-service hospital that they deserve?

Hon. A. Dix: It’s the new Surrey hospital and cancer centre. They stand up, and they ask a question about cancer. Surrey will be the only community in B.C., the only one with two cancer centres. Why? It’s going to be our largest community — our fastest-growing population, our fastest-growing seniors population over the next 15 years.

Cancer is today the leading cause of death in Surrey.

Interjection.

Hon. A. Dix: Well, hon. Speaker, they may be opposed. I know they’re opposed to a new cancer centre in Surrey. They’re opposed to a second hospital in Surrey. They’re opposed to the medical school in Surrey. They’re opposed to the new tower at Surrey Memorial Hospital. They’re opposed to urgent and primary care centres.

Interjections.

The Speaker: Members, shhh. Members.

Hon. A. Dix: They’re opposed to new MRI machines, and they’re opposed to the cardiac catheterization lab, but we are delivering all those, and we’re going to continue to deliver them.

The Speaker: Surrey–White Rock, supplemental.

T. Halford: The minister wants to get up in this House and talk about cancer care in Surrey? Well, let me tell him about a constituent.

A gentleman goes in and is diagnosed with cancer in January. He can’t get in to see his oncologist. When he finally gets in, they tell him: “We can operate, and we can get rid of the cancer.” In April, he goes in and spends three days in Surrey Memorial, in the hallway by the ambulance bay, where his wife has to bring him in a blanket and a pillow because he’s freezing.

At the end of that visit, the doctor comes and tells him: “We’re sorry. Your cancer has progressed. There is nothing more that we can do.” He’s telling him that story in a loading bay in a hallway at Surrey Memorial Hospital. That is this minister’s record when it comes to cancer care in Surrey.

This new, promised hospital is already $1.22 billion over budget and three years behind schedule, and we know it’s disastrously undersized. With such obvious gaps, this hospital is full before it even opens.

When will the Premier take responsibility, fix these major failures caused by this minister and actually give us a project and a hospital Surrey deserves?

Hon. A. Dix: In every case, when people raise cases to my attention…. Members know this. We consider every case important, in the health care system, and we act that way.

One of the ways you deal with that in the future is to have a health human resources plan that leads the country, which we do. We were sixth in family doctors per capita when I became Minister of Health. We’re first now. We’ve got to do more. We’ve led Canada in new registered nurses over the last seven years. We were, of course, tenth in that category when I became Minister of Health — which would be great if there were 100 provinces.

We have invested in health sciences professionals who are needed to support diagnostic care across our health care system. Working with the Health Sciences Association, working with the Doctors of B.C., working with doctors in Surrey and everywhere else, we are delivering the most effective health human resources in our country, and we are going to continue to deliver.

Interjections.

The Speaker: Members.

[2:40 p.m.]

Hon. A. Dix: Hon. Speaker, the facts are the facts. The only time….

Interjections.

The Speaker: Members. Members.

Member for Surrey South.

The minister will continue.

Hon. A. Dix: Thank you, hon. Speaker.

Yes, we are building a second hospital in Surrey. Yes, we are building a new tower at Surrey Memorial Hospital. Yes, we are building a Surrey medical school. Yes, we’re building a cardiac catheterization lab. Yes, we’re building a new renal centre. Yes, we’re adding to maternity care at Surrey Memorial Hospital. Yes, we’re adding primary care in Surrey. We’re going to continue to do that because we put patients first, on this side of the House. We put patients first on this side of the House.

Interjections.

The Speaker: Shhh, Members. Members.

Hon. A. Dix: When they decided to sell out Surrey patients, sell out Surrey patients and sell off the land for a hospital, they put Surrey back ten years. We’re putting it back on the right track.

WILD SALMON POPULATION
AND HABITAT PROTECTION

A. Olsen: SĆÁÁNEW̱, salmon, are the backbone of this province. They’ve nourished the land, the economies and cultures of these territories for thousands of years. Despite their importance, the draft ecosystem health and bio­diversity framework did not include wild salmon or recognize the urgent need to stem land use activities that degrade and destroy salmon habitat.

The province once celebrated salmon, dedicating a panel in the rotunda just outside here to this iconic species and the industry. But habitat loss, overfishing, logging in watersheds, fish farms and climate change have pushed salmon stocks to the brink of collapse.

My question is to the Premier. When he decides to replace that mural out there in that rotunda, the wild Pacific salmon mural, will he replace it with a fracking rig and the massive welded pipes or a hellscape of wildfires and hungry, thirsty British Columbians?

Hon. G. Heyman: I would hope the member would realize that this government has put significant work into rehabilitating habitat for wild salmon, into taking measures to protect wild salmon. I want to pay particular tri­bute to the Parliamentary Secretaries for Fisheries and Aquaculture, as well as for Watershed Restoration.

The member should know that we are developing a wild salmon strategy. The member does know that we are developing a watershed security strategy and fund. The member should know — I’m sure does know — that we had a healthy watersheds initiative, and that we continue to take action to rehabilitate wild salmon stocks, to protect them, to work with First Nations to accomplish that.

There are a range of initiatives under my colleague, the Minister of Water, Land and Resource Stewardship that are designed to do just that.

The Speaker: Member, supplemental.

A. Olsen: What I do know is that it’s clear that this government is strapping all their environmental woes to the former head of the Sierra Club, on his way out of this place.

My dad, ZȺWIZUT, Carl Olsen, successfully defended his Douglas treaty hunting and fishing rights against this province in the Supreme Court of Canada. He’s actively protesting a plan to build a highway on top of Goldstream, our critical salmon habitat pushed to the brink by both deforestation and increased traffic, standing each Tuesday with his signs and his allies, ZȺWIZUT now defends the trees that provide cover to the spawning beds.

This is the story of so many creeks, streams and rivers in this province that would be lucky to have a ZȺWIZUT standing in their defence. We wonder where our salmon are. Instead of slowing traffic down through the park or modifying human behaviour like the hundreds of drivers mindlessly texting as they speed past ZȺWIZUT, it’s the salmon who are going to pay the price.

To the Premier, with the fishing industry all but extir­pated in this province from this B.C. economy, will the Premier lease that mural space out there depicting the fishing industry to the fossil fuel lobbyists for advertising so that the Minister of Energy can be very clear who’s calling the shots and so that the visitors of this place will know exactly what the members of this House have done to a once glorious industry in this province?

Hon. G. Heyman: Every member on this side of the House knows how important wild salmon are to the people of this province and to the First Nations who have lived here for millennia and their people. We have heard that directly from the nations with whom we meet. I heard that as recently as yesterday.

[2:45 p.m.]

We are in the midst of an overarching project to ensure that we look at things holistically. Whether it’s changing the parameters of the Forest Act to put ecosystem health first, whether it’s ensuring that land use planning is inte­grated in the Ministry of Water, Land and Resource Stewardship and that we bring together a wild salmon strategy, watershed security strategy and a coastal restoration strategy, we are taking actions because the way that we’ve done things in the past just did not work.

You cannot make decision by decision in isolation and expect to protect the ecosystems on which we depend. We’re changing the paradigm. We’re working hard at it. There are a number of people on this side of the House who work together on that and will continue to do that work.

BUILDING CODE ENERGY REGULATIONS
FOR NEW HOUSING UNITS

B. Banman: When looking for a new home, how many B.C. families say: “Gee, I really hope our next home has tiny windows, poor airflow, a bad layout and also cost 30 percent more”? My bet is none. Not a one. But this is exactly what this NDP government is doing with a pile of NDP red tape called the step code. This NDP Premier’s red tape is forcing builders to build dark, stuffy homes that cost way more.

My question to the Minister of Housing: why is this NDP government punishing B.C. families struggling to find a new home with red tape that makes new homes less livable and less affordable?

Hon. R. Kahlon: No doubt people across British Columbia — in fact, across the country — are struggling to find affordable housing.

I’m pleased to hear the B.C. Conservatives, for the first time, ask a question about housing. I’m pleased to see that they’ve got some interest in this important topic. We have been taking steps to increase the amount of housing, different types of housing, available for British Columbians.

The member, I’m sure, knows that last session, we brought in a whole host of legislation to ensure that we can get more types of housing being built, cutting red tape so that decisions can be made faster. He opposed it all. He opposed all of it.

To the member’s question about building code, the building code is an important piece to ensure that when a home is built and someone has the opportunity to own that home for a long time, it is built at a high standard. Surely the member is not talking about getting rid of codes so that there is no certainty for anyone buying a home whether their home is going to last them a long time.

The member should be aware that we had a situation recently that was canvassed by the official opposition, not by the Conservative Party, in this House, when we were talking about a project that had people in Langford having to be evicted from their brand new home because the project didn’t meet basic code. That’s what’s at risk if you compromise the building code in British Columbia.

So yes, we want housing for people. Yes, we want affordable housing. But we will not compromise safety in any way.

The Speaker: House Leader of the Fourth Party, supplemental.

B. Banman: This NDP Premier’s CleanBC plan states that B.C. will mandate the most extreme level of step code, net-zero-ready, for every new home in B.C. by 2032. Right now, this NDP Premier is letting NDP-aligned municipal politicians mandate net-zero insanity today in the middle of a housing crisis.

Interjections.

The Speaker: Let’s hear the question.

B. Banman: This is yet another example of how this NDP Premier and NDP government has zero common sense.

My question….

Interjections.

The Speaker: Members. Members. The Member for Abbotsford South has the floor, please.

Please continue.

B. Banman: Thank you, Mr. Speaker.

My question to the Minister of Housing: Minister, can you please tell this House why you think it is a good idea to have policies that jack up construction costs and force B.C. families to live in dark, narrow homes with tiny windows and less fresh air?

The Speaker: Through the Chair, Member.

Minister.

[2:50 p.m.]

Hon. R. Kahlon: Thank you, hon. Speaker. Every time I stand up to answer a question from the member, it seems to get a little more bizarre every single time. Surely the member is not advocating for us to build homes that are not safe for people over the long term. Surely that’s not what he’s advocating for.

I looked for the housing policy of the B.C. Conserva­tives and just found empty pages and random rhetoric, and that’s what we’re hearing here today.

I think it’s important for anyone that’s buying a home to know, when they buy that home, that it’s up to the highest standards, that it’s built to the highest standards, that it has got energy efficiency. They may have bought the home, but then the cost to maintain the home is so high.

I know it’s hard for the member to understand. He doesn’t believe climate change is real, so I appreciate that it’s hard for him to understand why we focus on sustainability. But when people buy homes, we want to make sure that not only can they afford their first home, but also that the costs to operate that home are the lowest possible.

We’re going to continue to do that work. If he has any thoughtful or helpful suggestions, those would always be welcome, but I don’t think he has any of those.

GOVERNMENT ACTION ON REPEAT
OFFENDERS AND CRIME IN COMMUNITIES

E. Sturko: Eighteen months ago the Premier promised safer communities, saying that the big indicator is “when British Columbians feel safer.” That promise is utterly broken.

Today nobody feels safe. Just days ago on Commercial Drive, a young mother breastfeeding her four-month-old baby was violently assaulted in her car by a stranger, who then attempted to grab her baby. This is someone that was already known to police. This is a person who was making and posting videos online about killing women, yet he was allowed to roam the streets and attack a breastfeeding mother.

My question is: when will the Premier stop enabling prolific offenders and put the rights of victims ahead of an offender’s right to reoffend?

Hon. M. Farnworth: I appreciate the question and, obviously, share the same concern when a case like this is raised.

It’s why this government has and continues to take action on the public safety front. That’s why we have in place the safer communities action plan that has given additional resources for police to be able to deal with repeat violent offenders, a program that we put in place and have given permanent funding to, a program which once existed, when they sat on this side of the House, and that they cancelled.

It’s why we’ve pushed for bail reform so that we can ensure that those who are a risk in terms of being violent can be denied bail and kept off the streets. It was this government that led that initiative to get that expanded so that it wasn’t just about firearms, but it was about people who use violence, whether it be knives or other weapons.

We will continue to work with local governments. We will continue to work with police. We will continue to work with the federal government to make the changes necessary to the Criminal Code to help keep our com­munities safe.

The Speaker: Surrey South, supplemental.

E. Sturko: I have heard minister after minister today answering questions by standing up and talking about programs, talking about promises, but never taking responsibility for their results. These are their results.

The NDP Premier promised. He promised that people would feel safer in their communities, and 18 months later, nothing could be further from the truth. We have an escalating gang conflict, random stabbings, social disorder and rampant taxpayer-funded drug trafficking. Violent crimes have increased 37 percent under this soft-on-crime Pre­mier’s catch-and-release policies.

My question: why has the Premier failed to deliver the safe communities he promised?

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

One of the things that we always want to do is to ensure that we have a good understanding of statistics. I can inform the member, for example, that in Delta, violent crime is down over the last three years by 9 percent, robberies down by 71 percent, other offences by persons down 28 percent. That’s not just unique to Delta.

Prince George, bike theft down 83 percent.

Interjections.

[2:55 p.m.]

The Speaker: Continue.

Hon. M. Farnworth: They proclaim to be concerned about public safety. I’ve just read out statistics from a community in Delta around assaults and violent assaults against people showing a downward trend.

Now, there are other things that they have raised in the past about theft. Again, I’m pointing out that in the case of Prince George, bike theft is down 83 percent, break and enters are down 19 percent, and mischief under $5,000 is down 8 percent.

In Kamloops, overall crime is down 2 percent, breaking and entering in businesses is down, and theft of motor vehicles is down 18 percent.

The reality is that the initiatives that this government has put in place are tools that police have asked for. That’s why we’ve made a push for changes to the Criminal Code. That’s why we’ve put in place the ReVOII program for repeat violent offenders. That’s why we’ve put in place the SITE funding, special investigative funding that communities across this province and police have been praising.

The Speaker: Thank you. Thank you, Minister.

Hon. M. Farnworth: We are going to do everything we can to keep communities safe, and it’s working.

CRIME IN COMMUNITIES AND
GANG ACTIVITY IN KAMLOOPS

T. Stone: Well, tell that to the young mother who was breastfeeding her four-month-old and was violently assaulted by a stranger. Nobody believes this minister. He can rattle off all the statistics that he wants to. The fact of the matter is that the results on crime are terrible.

In Kamloops, we have an open gang war and unchecked violence, with five brazen shootings over four days. The RCMP have issued unprecedented warnings telling people in Kamloops to watch out for flying bullets in broad daylight in neighbourhoods across our city, from the south shore to the north shore. Parents are, frankly, terrified to let their children play outside, fearing that any street could become the next gang battleground.

My question to the Premier is this. Why has this soft-on-crime Premier so badly failed to protect so many communities, leaving people in cities like Kamloops fearing for their safety?

Hon. M. Farnworth: I heard the comment from the Leader of the Opposition, which once again illustrates just how little he really does take public safety in the province of British Columbia. What I can tell….

Interjection.

Hon. M. Farnworth: The member says he doesn’t care about bike theft. Tell that to a kid who worked really hard to earn money to save for a bike. He says he doesn’t care if the bike gets stolen. That is shameful.

Interjections.

The Speaker: Members. Members, shhh. Shhh.

Members.

Hon. M. Farnworth: In the case of the gang activity in Kamloops, what I can tell the hon. member is that police have devoted significant resources in terms of…. The gang enforcement unit is up in Kamloops. They are providing additional resources to police on the street. The warning that was put out was put out deliberately in terms of two individuals. A number of arrests have been made already, and there’s a surge of resources into that community.

It’s one of the reasons why this side of the House put in place the first witness security program so that police have the tools and resources they need to be able to deal with gang violence. It’s why we just announced the creation of the new integrated gang homicide team, which brings together resources to focus specifically on gang activity.

We’re putting in place the resources that communities have asked for. We’re putting in place the resources, the tools, that police have asked for. We will continue to do that to keep communities safe.

The Speaker: Opposition House Leader, supplemental.

T. Stone: The recent announcement from the minister, devoting some resources to a new integrated gang homicide team, made very clear that this team does not provide resources to anywhere outside of the Lower Mainland. It’s to disrupt gang activity in the Lower Mainland.

The minister and this government have forgotten that there’s actually gang activity taking place all across the province. Our beef is not with the RCMP in Kamloops. It’s not with the hard-working men and women in the police that are doing their jobs. Our beef is with this minister, who’s not doing his job.

[3:00 p.m.]

Now, 18 months ago it was this NDP Premier who again promised that people would feel safe in their communities. Yet in Kamloops, in addition to this unprecedented gang activity that’s taking place, this gang warfare, there are continuous residential break-ins from repeat offenders that have left residents in the Dufferin, Pineview and Brocklehurst neighbourhoods of Kamloops feeling terrorized and helpless.

Known criminals are brazenly entering homes and stealing property. They’re facing no consequences under this Premier’s catch-and-release policies. Residents have had to go to the extreme lengths of establishing their own community patrols out of sheer desperation.

My question again to the minister is this. When will this soft-on-crime Premier stop prioritizing the rights of repeat offenders over the rights of honest, hard-working, law-abiding citizens to be safe in their homes and in their neighbourhoods?

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

This government takes public safety in the communities extremely seriously. That’s why, since the very beginning, our plan was to put in place a witness security program to allow the RCMP to solve many of the kinds of violent, difficult types of crimes that have taken place that the member refers to, something that they failed to do when they sat on this side of the House.

That’s why we funded sexual assault centres, unlike the cuts that were made when they sat on this side of the House. That’s why this side of the House put in place the repeat violent offender program, the ReVOII program, which used to be a program which they cut when they sat on this side of the House.

That’s why we’ve spent more than $230 million on hiring 277 RCMP officers…

Interjections.

The Speaker: Shhh, Members.

Hon. M. Farnworth: …something they could have done, again, which they failed to do.

Interjections.

The Speaker: Members. Members.

Minister.

Hon. M. Farnworth: Thank you, hon. Speaker.

Major crime unit impacts Kamloops. Highway patrol impacts Kamloops. Small rural communities that surround Kamloops are benefiting from those investments. The freeing up of resources around IHIT, because of the creation of the new gang homicide unit helps Kamloops. We have put significant resources into communities right across the program. The site fund….

Interjections.

The Speaker: Members, let the minister conclude.

Hon. M. Farnworth: The only thing missing in action on public safety was that side of the House when they sat on this side of the House. They all made cuts. We make investments, and we’re going to continue to do that.

[End of question period.]

Petitions

P. Milobar: I have a petition on behalf of the Kamloops white cane club asking that all residents, seniors and persons with disabilities in B.C. have free access to eye exams through their own registered optometrist. These user fees charged by the optometrists will cause hardship and do cause hardship on our seniors and persons with disabilities. They consider this to be a preventative measure for health care down the road, and they’ve managed to collect quite a few signatures…

The Speaker: Thank you.

P. Milobar: …in just a short period of time to make it in before the end of this sitting.

M. Lee: I rise to table two petitions.

The first petition is on behalf of 425 residents, to date, calling for new and improved transit services in South Vancouver. The petition states that with new home-building projects that are reshaping our community and with them, the need for improved public transit has never been more needed. With 32 percent of South Vancouver residents, including in Marpole, relying on transit, among the highest in Vancouver, the services are being overstretched. Despite the rapidly growing community, transit services lag far behind.

The petition calls for introducing a new bus service on 57th Avenue, rapid transit supports on 41st and 49th avenues and a new Canada Line station…

The Speaker: Thank you.

M. Lee: …at 33rd and 57th avenues. With that, I table these 425 petitions.

The second petition I’d like to table…. This petition is provided by 5,900 concerned B.C. parents and others who have signed this petition, including constituents of mine in Vancouver-Langara. They are petitioning and opposing the BCTF motion that was passed back in March of 2024 to lobby the Ministry of Education and Child Care to add Nakba and the military occupation of the West Bank and Gaza Strip to the curriculum.

[3:05 p.m.]

The petition calls on the Ministry of Education and Child Care to outright reject this proposal. The BCTF motion is seeking to bring polarizing and isolating political agenda into our classrooms. That’s what the petitioners are concerned about, creating a hostile learning environment and targeting and marginalizing particular students or groups.

D. Routley: I rise to present a petition. This petition…

Interjections.

The Speaker: Shhh.

The member will continue, please.

D. Routley: …is signed by 1,182 residents of Gabriola. That represents approximately 25 percent of the population of the island. They seek the opportunity to acquire 40 acres known as Honeysuckle Woods for a green burial memorial park.

Reports from Committees

FINANCE AND GOVERNMENT
SERVICES COMMITTEE

M. Starchuk: I am pleased to present the first report of the Select Standing Committee on Finance and Government Services for the fifth session of the 42nd parliament entitled Interim Report on Statutory Offices.

I move that the report be taken and read as received.

Motion approved.

M. Starchuk: I ask for leave of the House to move a motion to adopt the report.

Leave granted.

The Speaker: Please continue.

M. Starchuk: In moving adoption of the report, I’d like to make some brief comments. This report summarizes the committee’s discussions with the province’s nine statutory officers at the spring update meetings. It is our committee’s responsibility to exercise…

Interjections.

The Speaker: Shhh.

M. Starchuk: …general oversight of the statutory officers. As part of this work, every spring we meet with the statutory officers to receive financial and operational updates.

The report also includes our recommendations on several supplementary funding requests that we received during these meetings. These requests resulted from legislative changes, project delays, workload pressures and inflationary cost pressures.

The committee recognizes that some of these budgetary impacts were not known to the offices when they prepared their budget proposals last fall. However, the committee continues to emphasize the importance of accurate budgeting and forecasting, and requesting supplementary funding only in exceptional or extenuating circumstances.

On behalf of the committee and all the members of the Legislative Assembly, I extend my appreciation to all the statutory officers and their staff for the important work that they undertake in support of the members of the Legislative Assembly and all British Columbians.

I would also like to acknowledge and extend our appreciation to the staff of the Parliamentary Committees Office for the support that they provide to our committee, including Katey Stickle, Mary Heeg, Jonathon Hamilton, Danielle Migeon, Mary Newell and Alexa Neufeld.

Our appreciation also goes out to the Hansard staff who supported the long hours of the committee, including Amanda Heffelfinger, Dwight Schmidt and Danielle Suter.

I want to make special thanks to Jennifer Arril, who makes the work that I have to do so much easier on a daily basis.

I’d like to take this opportunity to thank all the committee members: in alphabetical order, the members for Cariboo North, Courtenay-Comox, Kelowna West, Langford–​Juan de Fuca, North Vancouver–Seymour, Powell River–​Sunshine Coast and Richmond South Centre.

I’d also like to take this opportunity to thank the Deputy Chair, the member for Kootenay East, for the support and dedication in the work of this committee.

T. Shypitka: I would also like to extend my gratitude to committee members, including the Chair, the member for Surrey-Cloverdale, for their collaboration and diligent work on this committee.

This year during the spring check-in meetings, the committee requested that each office speak to their workplace culture and the respectful workplace policies and procedures they have in place. The committee appreciates those offices that have implemented a fulsome approach to ensuring a healthy workplace for staff and looks forward to further updates in this area.

The committee also recognizes the significant work that statutory officers perform for British Columbians and recognizes the efforts of many statutory offices to engage with Indigenous, newcomer and ethnic communities and to improve the accessibility of the important services each office provides.

[3:10 p.m.]

Finally, I would like to echo the comments from the member for Surrey-Cloverdale and extend a thank-you to the staff from the Parliamentary Committees Office and Hansard Services, who have helped the committee in its work.

The Speaker: Members, the question is adoption of the report.

Motion approved.

HUMAN RIGHTS COMMISSIONER
APPOINTMENT COMMITTEE

J. Phillip: I have the opportunity to present the report of the Special Committee to Appoint a Human Rights Commissioner.

I move that the report be taken and read as received.

The Speaker: Members, the question is that the report be taken and read as received.

Motion approved.

J. Phillip: I ask leave of the House to move a motion to adopt the report.

Leave granted.

J. Phillip: I move that the report be adopted and, in doing so, I would like to share some of the remarks about our work.

I am pleased to share that this report contains the committee’s unanimous recommendation that Kasari Gov­en­der be reappointed as B.C.’s Human Rights Commissioner for an additional five-year term.

When our committee began our work in January, we learned that the incumbent Human Rights Commissioner, Kasari Govender, was interested in serving for a second term. We carefully considered her qualifications, her experience and her achievements during her first term as commissioner. After interviewing Ms. Govender, we reached our unanimous recommendation.

Ms. Govender was appointed as British Columbia’s first independent Human Rights Commissioner only six months before the start of the COVID-19 pandemic and faced challenging circumstances while setting up a new statutory office. The committee was impressed with her work to build and operationalize the organization, which now has almost 40 staff.

As commissioner, Ms. Govender has provided strong leadership to the office. We appreciated her focus on authenticity and creating a respectful and equitable work environment, and value her dedication to fairness, equality and compassion. In her first term, Ms. Govender successfully led a range of inquiries, interventions in court cases and education and research activities. She also demonstrated a commitment to building relationships and credibility with Indigenous Nations and communities, government, media and other diverse organizations and community groups.

The committee particularly appreciated Ms. Govender’s pragmatic approach and focus on ensuring that her office’s work leads to concrete improvements in human rights in British Columbia. Ms. Govender had dedicated herself to advancing and advocating for human rights throughout her career. Given her expertise and her accomplishments in her first term, we are confident that she will continue to do excellent work promoting and protecting human rights upon her reappointment.

I understand that Ms. Govender is in the House, in the gallery today, and she’s joined by her son. I would ask that all members join me in congratulating our recommendation for her reappointment. On behalf of all members of the House, I’d like to sincerely express our gratitude to Ms. Govender for her commitment to serve in British Columbia.

[3:15 p.m.]

I would like to thank all the committee members for their collaborative spirit and commitment to this important work, and particularly Brittny Anderson, Ravi Parmar, MLA Teresa Wat and particularly Norm Letnick, who is our Deputy Chair. I thank him for his leadership.

I would like to ask the House to move a motion that Kasari Govender be appointed as Human Rights Commissioner. Oh, sorry.

The Speaker: Thank you, Member. Take a seat. We are not finished yet.

N. Letnick: Thank you to the Chair for her comments.

I’d like to concur that Ms. Kasari Govender has demonstrated a commitment to upholding human rights throughout her career. The committee, unanimously, is confident she will continue to be an effective Human Rights Commissioner during her second term.

In particular, I want to thank all the Clerk staff, Hansard staff that worked with us during this process and, of course, the members for Richmond North Centre, Langford–Juan de Fuca, Nelson-Creston; and our fabulous, very flexible and open-minded Chair, the member for Vancouver–Mount Pleasant.

The Speaker: Members, the question is adoption of the report.

Motion approved.

Motions Without Notice

APPOINTMENT OF
HUMAN RIGHTS COMMISSIONER

J. Phillip: I ask leave of the House to move a motion that Kasari Govender, KC, be appointed as Human Rights Commissioner.

Leave granted.

J. Phillip: I move:

[That Kasari Govender, K.C., be reappointed as Human Rights Commissioner for one additional five-year term, effective September 3, 2024, pursuant to section 47.01 of the Human Rights Code (R.S.B.C. 1996, c. 210)]

The Speaker: Members, you’ve heard the question.

Motion approved.

The Speaker: On behalf of all the members of this Legislative Assembly, I want to congratulate the commissioner on accepting her second term.

We really want to say thank you, and we appreciate your service to British Columbia. Thank you so much.

Tabling Documents

G. Chow: I have the honour to present a report entitled Report on the Administration of the Freedom of Information and Protection of Privacy Act.

Petitions

S. Chandra Herbert: I rise to present a petition to remove the additional rent increases for capital expend­itures, Residential Tenancy Regulation section 23.1, ARIC, signed by 756 British Columbians, respectfully requesting that the honourable House repeal regulation 23.1 in its entirety because of significant, disproportionate negative impact on renters in B.C.

Orders of the Day

Hon. R. Kahlon: I call Motion 33 on the order paper.

Government Motions on Notice

MOTION 33 — COMMITTEE OF THE WHOLE
TO SIT IN SECTION C

Hon. R. Kahlon: I move Motion 33, standing in my name on the order paper, which seeks to enable Section C to consider bills at committee stage:

[That the Sessional Order adopted by the House on March 4, 2024, enabling certain proceedings of the House to be undertaken in three sections, be amended by

a. adding the underlined text in section 6, as follows: “Section C be authorized to examine all Estimates and any public bill appearing on the Orders of the Day at committee stage, which may be considered in the order determined by the Government House Leader in accordance with Standing Order 27 (2).” and,

b. adding the underlined text in section 12, as follows: “The Members of Section C be: the Minister whose Estimates are under examination or who is in charge of the bill under consideration and Michele Babchuk, Hon. Adrian Dix, Hon. Mike Farnworth, Hon. Rob Fleming, Hon. Bruce Ralston, Hon. Rachna Singh, Norm Letnick, Coralee Oakes, Tom Shypitka, Adam Olsen and Bruce Banman.”]

Motion approved.

Hon. R. Kahlon: In this chamber, I call third reading for Bill 25, Haida Nation Recognition Amendment Act.

Third Reading of Bills

BILL 25 — HAIDA NATION RECOGNITION
AMENDMENT ACT, 2024

Hon. M. Rankin: I move third reading of Bill 25, intituled the Haida Nation Recognition Amendment Act, 2024.

After rigorous debate at committee stage, I encourage members from all sides of the Legislature to vote in support of British Columbia’s recognition of Haida’s Aboriginal title to Haida Gwaii.

The Speaker: Members, the motion is third reading of Bill 25, Haida Nation Recognition Amendment Act, 2024.

Division has been called.

[3:20 p.m. - 3:25 p.m.]

Members, do we have the agreement to waive the time?

Interjections.

The Speaker: We don’t have an agreement. That’s okay. It’s only 90 seconds left, so it’s okay.

Leave not granted.

[3:30 p.m.]

The Speaker: Members, the question is third reading of Bill 25, Haida Nation Recognition Amendment Act, 2024.

Bill 25, Haida Nation Recognition Amendment Act, 2024, read a third time and passed on the following division:

YEAS — 53

Chandra Herbert

Parmar

A. Singh

Babchuk

Lore

Chow

Beare

Kang

Heyman

Osborne

Cullen

Bains

Malcolmson

Bailey

Mercier

Russell

Routledge

Starchuk

Rice

Phillip

Yao

Leonard

R. Singh

Whiteside

Farnworth

Kahlon

Eby

Conroy

Sharma

Dix

Popham

Fleming

Dean

Rankin

Alexis

Sims

Simons

Elmore

Glumac

Routley

Furstenau

Olsen

D’Eith

Donnelly

Greene

Anderson

Chant

Sandhu

Dykeman

Paddon

Begg

Walker

 

Robinson

NAYS — 25

de Jong

Doerkson

Milobar

Stone

Falcon

Bond

Halford

Oakes

Paton

Davies

Banman

Morris

Kyllo

Shypitka

Sturko

Merrifield

Wat

Lee

Kirkpatrick

Stewart

Clovechok

Ashton

Sturdy

Letnick

 

Tegart

 

Hon. R. Kahlon: In the main chamber, I call Committee of Supply for the Office of the Premier.

In the Douglas Fir Committee Room, I call Committee of the Whole for Bill 27, Municipalities Enabling and Validating Amendment Act.

In the Birch Committee Room, I call Committee of the Whole for Bill 21, Legal Professions Act.

[3:35 p.m.]

Committee of Supply

ESTIMATES: OFFICE OF THE PREMIER

The House in Committee of Supply (Section B); S. Chandra Herbert in the chair.

The committee met at 3:37 p.m.

The Chair: All right, Members. Let’s call this committee to order.

On Vote 11: Office of the Premier, $16,754,000.

Hon. D. Eby: I’d like to begin by acknowledging we’re on the territory of the lək̓ʷəŋən people, the Songhees and Esquimalt First Nations.

I appreciate the opportunity to discuss the Premier’s estimates with the House today.

I’m joined by several members of my staff. I’ve got Matt Smith, chief of staff, here; Shannon Salter, Deputy Minister to the Premier; Aileen Machell, deputy chief of staff; and Doug Caul, deputy minister for policy and coordination.

The estimates today are taking place in a serious context. Families in Fort Nelson and Doig River have had to flee their homes. The wildfires are serious and ongoing, not just in our province but in Alberta and Manitoba as well, as we see the impacts of climate change.

It is a reminder of the challenges we have faced as British Columbians: climate emergencies, floods, the heat dome, forest fires, the toxic drug crisis, the global pandemic and the impacts that has had globally, including on British Columbians. In times like these, there are tough choices to be made.

Now, there is a group of people who advocate that this is the time to leave people to fend for themselves. It’s the time to cut services, to withdraw services, to turn people over to their own devices and to hope for the best.

We’ve seen what that movie looks like in British Columbia. We’d welcome speculators back into our housing market. We’d increase fees and tolls and the cost of everyday life for British Columbians. We’d slash the health care that people need now more than ever, with an aging and growing population. It’s a risk we can’t afford. The government has to have peoples’ backs.

Over the last year, British Columbians will have seen the actions we’re taking to address the big challenges we face. In the example of housing, we’re turning short-term rentals into long-term homes for people, speeding up permitting to get housing built to respond to the massive population growth we’re seeing in the province, fixing the zoning rules that slow down the development of new housing at a time when our population is setting a record for growth that we haven’t seen for 30 years, a flipping tax to stop speculation in the housing market and using public land to build actually attainable housing for the middle class.

Every step of the way, every initiative we have introduced, the opposition parties, and it doesn’t matter if it’s the BCUP or the Conservatives, have opposed these measures. They are siding consistently with those who are using homes as investments instead of as a place to live. We take a different approach.

[3:40 p.m.]

We’re also acting to ease the costs of daily life. Rising interest rates are impacting British Columbians. This is a global inflationary context that we’re seeing, which is impacting British Columbians.

For our government, supporting people with the cost of daily life, just recently an ICBC announcement: two more years of zero percent rate increases. That brings it to a total of six years, the fourth rebate from ICBC. We’ve saved drivers $2,000 since reforming that Crown corporation.

Cutting child care fees in half for British Columbians. Free birth control, and, starting next year, one round of IVF free in this province.

The B.C. electricity credit — putting $100 back, as a credit, on the invoices that people received from B.C. Hydro, both businesses and individuals.

The climate action tax credit — increasing the amount that we’re sending back to people.

Supporting small businesses with the employer health tax, removing that for businesses with payrolls under $1 million.

Members opposite consistently made different choices. They promised tax support for small businesses, and then, once they were elected, they didn’t implement it. They cut taxes for the top 2 percent but raised fees and costs for everybody else, including tolls on bridges — actions that they still defend today. We couldn’t afford that then, can’t afford it now, and certainly, British Columbians don’t need to see that kind of activity in our province again.

I want to express my appreciation to health care workers across the province who rose to the pandemic challenges. But where we’re seeing significant new challenges in our health care system…. We’re adding 10,000 people to this province every 37 days. These folks need health care.

They’re also some of the health care workers that we need. We’ve recruited internationally trained doctors and nurses and sped up the process to get them approved, resulting in 700 more doctors — family doctors, supporting people in those long-term relationships people are looking for — and 6,300 nurses just last year. We’ve cut our COVID surgery backlog, and 300,000 people visited a pharmacist for support with minor illnesses.

We’re building hospitals across the province, hospitals that should have been built a long time ago. Care homes for seniors and cancer centres right across the province. The members across the way did the opposite. It doesn’t matter which party. If you’re talking about the Conservatives or the BCUP, that is what they did. They cut health care for British Columbians, and the impacts are plain to see.

The good news is that our economy is growing. We’re leading Canada, and we’re doing so well supporting people. We recently got the news: in the last 12 months, 93,000 jobs created for British Columbians, mostly private sector, full-time jobs. Some of the highest wages in Canada. The lowest unemployment rate in Canada.

Our biggest strength is the people of British Columbia, their resilience and their talents. Any time we can bring people together, we will do so, rather than following the example of those across the way who want to drive people apart. We want to deliver a B.C. where everyone can build a good life.

I look forward to the discussion we’re going to have today.

K. Falcon: I want to thank the Premier for that very non-partisan beginning there. My very, very quick, high-level response to that would just be to remind the Premier that as I canvass Premier’s estimates, what he will find is that there will be a theme, and that is the difference between announcements and actual results. I think that the Premier will find that there is a yawning chasm between the announcements that this government likes to make and the actual results we see on the ground.

Very quickly, to summarize some of them…. The Premier is part of the government, after all, that announced — in fact, it was a major part of their campaign platform in 2017 — that they were going to make housing more affordable for British Columbians. In fact, as part of that, they were going to build 114,000 affordable homes within ten years.

So I always say: “Okay, well, here we are, and they’re in year 7 of their government. How did they do?” Well, of the 114,000 promised affordable homes, sad to say that only 16,000 actually got built, with a mere three years left.

The government’s response is that they stopped talking about that promise now, and they renamed the program to BC Builds. Now we are supposed to believe that because they have renamed a program, they are going to get different results. The fact of the matter is that in addition to not building the promised 114,000 additional units, what we have seen is that British Columbia…. This is not just the Leader of the Opposition saying this. These are the actual facts.

[3:45 p.m.]

We’ve ended up, after seven years of this NDP government, with the most unaffordable housing in North America — not just in Canada, but in North America. That’s quite an achievement, but not a good one for the public.

Same with rents. We’ve got the highest rents in the entire country here in British Columbia. Now that, Premier — just to be clear, so you understand it — is called an outcome. You can give all the excuses you want about why that outcome is there. But the fact of the matter is you have to own the outcome, because you’ve been the government that promised that you were going to make housing more affordable.

So too with food prices, with the highest grocery prices in the country. As I mentioned the other day in question period, a $73 random bag of groceries here in British Columbia is 24 percent cheaper when you’re buying it in Calgary. Fuel prices in British Columbia. Again, the highest, not just in Canada, but indeed in North America. We’ll canvass that a little later, too, I can assure you.

But also just the rate of overdose deaths, the highest we’ve ever seen in the history of the province of British Columbia. The Premier’s catch-and-release crime policy has been a disaster for communities across the province.

I would just remind the Premier that a lot of our focus is going to be on results, outcomes, measurables and things that, in the real world, you get held accountable for. I can assure the Premier that in the private sector, you do not get held accountable, and you do not receive your paycheque and any bonuses for the announcements that you make. It’s actually for the results that you get.

If you get really bad results, then you likely are not going to be either employed or running a business for very much longer. I know that’s a bit foreign to this government and these members, but that’s the real world out there.

Now, where they are getting some good results, admittedly, is that they are leading the country in terms of lineups at food banks. That’s not a good result for the people that have to line up for those food banks. A 60 percent increase in food banks usage is…. Well, that is a dramatic increase. It’s certainly not good for the folks that are suffering and having to go utilize those food banks.

We will canvass this in the areas that we intend to cover, but where I want to start off is to visit the issue that I don’t think we’ve had proper conclusion on. That’s the issue of the rampant antisemitism which is rife within the Pre­mier’s caucus, his cabinet, and indeed, his party.

A little backup for the folks that are watching. There’s a history here. The Premier will recall that at the last time that we met last year to talk about the Premier’s estimates, I was talking about the unfortunate pattern that this Premier has of creating a situation where blame is provided to particular identifiable ethnic commun­ities. I used the example of the Premier’s unfortunate, very flawed “study.”

I put “study” in air quotations because it was his own study that he did with one other individual that said, based on 122 homes on the west side of Vancouver, that the majority of them had non-anglicized last names and therefore leaped to the conclusion that the housing crisis is therefore caused by Chinese foreign investors.

That created a huge negative impact on the Asian community in British Columbia and led to a lot of the anti-​Asian sentiment that, unfortunately, has risen to very unacceptable levels in B.C. I asked the Premier last year to at least apologize to the community and do the right thing. The Premier chose not to do so.

But it’s tied to the antisemitism. As the Premier will recall, consistency around how we deal with these kind of issues is very important. When some local First Nation members complained about the treatment that they were receiving in the health care system — there were very serious allegations of racism — the Premier moved appropriately with light speed to deal with that. He immediately called for an independent investigation into the challenges that some of these First Nation folks were receiving, and we applauded that quick response.

However, that contrasts very, very differently to the response that the Premier had when his own senior cabinet minister from his own government made, admittedly, an inappropriate comment with respect to the historical nature of the lands of Israel and apologized multiple times and even offered to the Premier to take an anti-Islamophobia course.

[3:50 p.m.]

The Premier’s decision was to remove her from cabinet in his government. Now, that was a rare moment of action by the Premier, and it was on the heels of multiple examples — which we have pointed out repeatedly in this House — from members of his own caucus, his own party, his own cabinet that have made extremely irresponsible, antisemitic commentary that has been very hurtful for the Jewish community.

Now, when the Premier fired the member for Coquitlam-Maillardville from cabinet, she wrote a letter that outlined and exposed the antisemitism that she’d witnessed and had had to live through in the cabinet caucus and, indeed, spreading throughout the government. Her words were clear, and I quote them into the record here. “Antisemitism is the double standard that we have consistently shown.” She gave multiple examples to back that up.

Even recently with the horrific event of October 7 that took place, within days of that massacre, when that same member, the member for Coquitlam-Maillardville, sent out an email to her colleagues asking for everyone to stand with the community, which was feeling very fragile at that horrific time, the member for Richmond-Queensborough felt it necessary to respond to all of them by saying: “Well, what we need to do is make a public statement about the plight of the Palestinians.”

The timing of a request like that, within days of that massacre taking place, was certainly inappropriate, according to the member for Coquitlam-Maillardville. The member for Richmond-Queensborough also, on Yom HaShoah — a day that commemorates Jewish victims of the Holocaust, one of the most sombre days you can possibly imagine, when we had members of the Jewish community here, steps away from this chamber, commemorating that horrific event — felt it appropriate to quote from fringe Jewish groups that excused the antisemitism that was taking place at the UBC campus protests for Palestine, which was deeply offensive to the community.

I could list through all the examples here, but really, what we need from this Premier is an answer to a pretty straightforward question, something that we and members of the Jewish community have been asking for, for many months. That is simply this: will the Premier commit to an independent investigation — as he did, appropriately, in the case of the First Nations racism that I referenced ear­lier — into antisemitism within his own cabinet, in his own caucus and, indeed, his own government? Will the Pre­mier do it, and if not, why not?

[3:55 p.m. - 4:00 p.m.]

Hon. D. Eby: This is a profoundly challenging time for the Jewish community, not just in British Columbia but across North America and around the world. We’ve seen a rise in antisemitic incidents. I’ve had a number of meetings with the Jewish community, both pre- and post-October 7. There’s no question that the community is on edge.

I heard a story from a principal at a school, who described coming to school with running shoes on for fear that there would be an attack on her and her students post-October 7. At places of gathering for worship, at community centres that serve the Jewish community, that anxiety is present right now, all around the world. For us here in British Columbia, we know we have a responsibility to support the Jewish community with ensuring that they feel safe in every part of every community.

We’ve taken some actions to that end, specifically post–October 7.

On February 16, we announced a new B.C. prosecution service hate crime policy. The policy includes specific provisions about the wilful promotion of antisemitism. This is the policy that the prosecutors use to guide their decisions about approving charges, a long-standing concern of not just the Jewish community but many community members that for prosecutors, the guidance that they were using to determine whether or not to charge someone with a hate offence was not sufficient to respond to the realities they were seeing in the community.

We made security funding available for Jewish organizations and synagogues. A number of organizations dramatically increased their security post-October 7, taking money from services meant for the community in order to pay for security. The support provided by the province enables them to be able to use that money for its intended purpose rather than for security.

On October 30, we announced at the Jewish Community Centre that we would make Holocaust education mandatory in high schools in British Columbia — one of the first provinces in Canada to do that.

[4:05 p.m.]

At that event, I met with Holocaust survivors who do this work at schools, and they talked about their class visits that they do. But these are quite elderly people, and they won’t always be able to do this work. So ensuring that students in our province have access to and are taught about the Holocaust will be one of the ways we fight against misinformation or Holocaust denial or any other forms of antisemitism.

The racist incident helpline will be established soon in the province. This will be another tool. Sometimes people have one of these incidents, and they just don’t feel like they can come forward to police. They’re anxious about reporting to police, or they just feel like it doesn’t rise to the level, although it’s personally upsetting and deeply traumatizing, that they don’t want to report it to police.

This gives them another way to report these incidents, where there will be counselling and support for them if they wish to come forward to police or just to say: “Look, this happened. I want you to know that it happened.” That will enable us to respond to spikes in hate in different parts of the community.

We also have updated policing standards to help support police investigations involving hate crimes to ensure that police have the tools that they need to address these issues.

It’s important to note that it’s not just the Jewish community that’s seen a spike in hate, and certainly not just British Columbia and Canada. Between, and this is the most recent data we have, ’19 and ’20, the number of police-reported crimes motivated by race or ethnicity increased 80 percent, from 884 to 1,619. The East or Southeast Asian populations saw a 301 percent increase; Indigenous populations, a 152 percent increase; Black populations, a 92 percent increase; South Asian populations, a 47 percent increase.

Members will remember that during the pandemic, we also had a social epidemic of anti-Asian hate crime. The anti-Asian hate crime rose by 717 percent in Vancouver alone, from 2019, when there were 12 incidents, to 2020, when there were 98 incidents.

I don’t think it would be a surprise to any British Columbian to hear that the rise of the far right in the United States and in other parts of the world is contributing to this.

It is our obligation to fight that at every corner in this province, and we continue to do the work. Members will remember that we re-established the Office of the Human Rights Commissioner, who we just reappointed today — congratulations to the commissioner, and thank you to her for her work — fully independent of this Legislative Assembly and able to provide recommendations to government about how we can fight hate.

The member mentioned the In Plain Sight report, fighting anti-Indigenous hate in our health care system. The anti-racism base funding — this is funding for community organizations to be able to respond to incidents in community and support people. It’s critically important support. We will continue to do this important work with communities across the province.

We’re coming up, I think, in the next couple of days to the international day of recognition in the fight against hate against the queer community in British Columbia. This is a really important day to recognize the rising hate against that community. I’m very sorry to say that we are seeing that right across the country — the targeting of vulnerable kids, and parents afraid for their kids being safe. It doesn’t matter the community; we’re going to make sure that we’re taking that action.

The member made a number of very serious allegations in his question, and he knows they’re not right.

What I’d like to do, though, is underline for British Columbians from all different communities who are feeling particularly vulnerable right now: we’re going to be there for you, and we’re going to keep doing that work to fight racism in our province. Our strength in this province is us working together and fighting hate.

K. Falcon: I must confess. I am troubled that a very straightforward question about the double standard taking place with this Premier and his government with respect to antisemitism, which is clearly rife within his cabinet, caucus and party and, sadly, seems to be spreading through government, cannot be answered without a large interval where the Premier then stands up and talks about a lot of other issues that are completely unrelated to the question I asked.

[4:10 p.m.]

The Premier mentioned hate from the far right. That’s true, but there’s hate from the far left too. That’s part of the problem that we’re facing. As I talked about in my opening comments, this is another example where results matter, not the promises and commitments that were made but the actual results.

I’ll just use one of the examples he talked about. He talked about a help line. Well, the problem is they promised that three years ago — still no hotline in place for those that are dealing with racist incidents. The Premier needs help on how to set up a line. It’s not that complex. I’m happy to offer assistance. But surely to god, it doesn’t take three years in order to get that done.

Again, the Premier’s not going to answer the question about whether he will do the right thing and call a full, independent investigation, as he did with those First Nation individuals that were dealing with racist incidents within the health care system. He refuses to do that with respect to his own cabinet and caucus and party. That’s unfortunate, because that undermines trust.

I understand that there’s racism against other groups out there. I gave an example of the explosion in anti-Asian racism, sadly in part due to some of the comments that this Premier himself has made that made it very, very challenging for the Chinese community, when people were blaming them, solely, for the housing crisis when that clearly is not backed up by the data.

I’ll try another angle. One of the most important requests, and the Premier has heard this from the Jewish community…. Their number one request is that the Premier will at least commit to having his cabinet and caucus undergo mandatory training that is founded under the IHRA definition, the International Holocaust Remembrance Alliance definition of antisemitism, for his own caucus and cabinet. That is the number one request that the Jewish community has made of this Premier.

There are six other provinces that have adopted that IHRA definition, including Ontario, Alberta, Manitoba, New Brunswick, Saskatchewan, Newfoundland, the federal government. Will the Premier at least agree to doing that?

[4:15 p.m.]

Hon. D. Eby: I’ve had a number of opportunities to meet with leadership from the Jewish community. That’s one of the ways that we knew about this issue, about the security funding, and we were able to provide that support. That dialogue continues, and we’ll do all we can to support the community during what is a really challenging time, without question.

To the member’s question, I agree it would be a very good thing for all MLAs to have anti-racism training that includes clear antisemitism training to fight against racism and to recognize ways that we can ensure that this place is welcoming for everybody. That’s why we’re proceeding with a recommendation that was made from the Legislature report on anti-racism for that training for all MLAs that come to this place. It must include content on antisemitism. We’re going to continue those conversations with the Jewish community.

With respect to the resignation of Minister Robinson, at a media availability on February 5, 2024, I said: “The depth of the work that Minister Robinson needs to do in order to address the harms that she has caused is significant, and it is incompatible with her continuing as Minister of Advanced Education, given the volume and depth of the work that she needs to do.”

Members will remember that this was taking place at the time of the discussions with the federal government around international student numbers and accommodation and ensuring that our institutions here in the province were prepared for the changes the federal government was making around that program.

I would like to share with the member some correspondence I received from people who self-identified as being from the Jewish community: “Dear Premier, my name is Gideon. I want to thank you for holding firm on denouncing antisemitism and for making Holocaust education mandatory in B.C. schools. Your actions and your concerns for the safety of B.C.’s Jewish community have shown that you are a sincere friend and supporter. For this, I am very grateful. I was particularly moved by your attendance and speech at the Kristallnacht commemoration on November 9.”

Another letter: “Dear Premier, as expressions of antisemitism are increasing and concerning, it’s more important now than ever to do what we can to ensure all students coming through our schools have well-developed curricula from which to learn. Thank you for your leadership and your clarity on these issues.” From Esther.

Another one. “Dear Premier, I’m writing to express my profound appreciation for your recent efforts to make Holocaust education mandatory in our schools. Your commitment to this important initiative is commendable and reflects your dedication to preserving the memory of the Holocaust and ensuring that future generations learn from this dark chapter in history. Thank you for your commitment to this crucial cause,” and so on. From Daniel.

[4:20 p.m.]

Now, I understand the Jewish community is diverse and that these are just a few individuals. But it’s important for the Jewish community to know that, to the best my knowledge, every single member of this House is committed to their safety, to standing with them in this really challenging time.

We’ll do all we can to make sure that they feel safe in our province and welcome in this province. That’s my commitment to them, and it’s important to put on the record.

K. Falcon: I’ll try again. I’m just trying to get a very straightforward answer. It doesn’t require five minutes of huddling with staff. This is just a straight-up question for the Premier that shouldn’t be too hard to answer.

I’m suspecting it’s because the Premier doesn’t like the IHRA definition of antisemitism. It’s the only possible conclusion I can come to. I know the Premier intervened in May 2022 to prevent the adoption of the IHRA definition in the Anti-Racism Data Act. I’m concerned that this may be underpinning his resistance to answer a straightforward question.

Again, this is not about training for all the MLAs. Thankfully, all the MLAs in this esteemed institution have not been expressing antisemitic tropes or antisemitic language. It’s actually come from your party, your government and your caucus. I don’t have time, but I could go through a long list, and the Premier is well aware of this.

Again to the Premier, will the Premier follow the leadership of six other provinces and the federal government, and use the IHRA definition as the working definition with respect to mandatory antisemitism training for his caucus? Yes or no?

[4:25 p.m.]

Hon. D. Eby: The member knows what he’s saying is not correct. The government has been consistent in our message on IHRA antisemitism.

But first, before I get into that, there was an all-party committee working on anti-racism. One of the recommendations was anti-racism training for all MLAs. The training will be delivered, as I understand from the report — and as members of our caucus support, as part of LAMC — as part of orientation for new MLAs. The content of that training will be developed by the Speaker’s office and by LAMC.

The member knows that all members of all parties sit on that committee — it’s how we manage this place — and determine the content of orientation, which now will include anti-racism training, which will include components related to training around antisemitism.

Our government under Premier Horgan wrote to Nico Slobinsky at CIJA in June of 2022 and said as follows: “We see the IHRA definition as an important, non-legally binding educational tool to help us determine what is and what is not antisemitic, which allows us to work towards a society that is better for all British Columbians.” That was the previous Premier, and that was in June of 2022.

In July of 2023, I wrote to Marvin Rotrand, the national director of the League for Human Rights, B’nai Brith Canada, on a similar topic. The sentence that I used was: “The province of British Columbia is committed to dismantling systemic racism and, as you noted, supports the federal government’s adoption of the IHRA definition of antisemitism and rejects all forms of discrimination, as outlined in Canada’s anti-racism strategy.”

The context of the letter and the context of a lot of the discussion we’ve had about IHRA — which the members in the opposition party have sought to represent, somehow, as being resiling from government’s obligations around antisemitism, which couldn’t be further from the truth — is the Anti-Racism Act.

The Anti-Racism Act specifically and intentionally does not define the term “racism” for any community. The reason for that was: what we want the courts to do, if it goes to court, and what we want people to do when they read it and understand their obligations, is to understand racism in terms of the community understandings at the time of the application of the law.

For example, during the pandemic, what was anti-Asian racism changed and expanded into a whole new category of discrimination against people who appeared to be Asian, based on pandemic-related issues. Our feeling was, and remains the same, that if we close off the definition of racism for any particular community in the legislation, it will fail to be agile enough to incorporate those changing realities on the ground for different communities.

The support of this government and the adoption of this government of the IHRA definition continues. It was confirmed under Premier Horgan, and it continues under my administration. And members of the LAMC committee that are sent from our caucus will support that being used as a tool for training of all MLAs in this place to understand antisemitism and be able to respond to it here in the Legislature and in their communities.

K. Falcon: I would love to keep canvassing this, but I have to move on. It’s unfortunate, because I still am unable to get clarity from this Premier on some pretty basic issues.

[4:30 p.m.]

That’s unfortunate, because definitions matter. Definitions give us clarity so that we know when we see antisemitic behaviour that we understand what it is, and we all agree on the nature of the definition of antisemitism. That’s why the leadership of the federal government and six other provinces is so important.

Just as I should point out, when I met with the Muslim community, I emphasized how important it is that we have a clear definition of Islamophobia, too, so that again, there is clarity amongst the populace about what these issues are. But I will have to, unfortunately, move on.

The next issue I want to canvass with the Premier is directly related to affordability, and that is the issue around carbon tax. First, some history. I think it’s important because I often hear the Premier and other members of his cabinet, no doubt inadvertently but, nevertheless, providing information that is less than accurate with respect to our position on carbon tax.

A little history. When it was introduced by Premier Campbell, I was, as I’ve said before, very proud to be part of that administration that brought in North America’s first revenue-neutral carbon tax. Now, what does that mean? That means that one of the ways that we got public buy-in and public acceptance of the revenue-neutral carbon tax was when the public realized that all revenue generated had to be returned, by law, to the public in the form of lower personal income taxes and lower business taxes.

In practice, it was a tax shift as opposed to a tax grab, which began when the NDP government got elected in 2017. What does that mean? That means that when the NDP government got elected, they said: “Well, we’ve now decided we like the carbon tax.” Of course, they ran an election against the carbon tax, as the Premier would well know. In 2009, we ran an election in favour of the reve­nue-​neutral carbon tax. We won that election.

[S. Chandra Herbert in the chair.]

When the NDP got elected in 2017, they changed the law and said, “We are now going to take those revenues all into government,” and they did so. They more than doubled, in fact, the carbon tax. They then increased it again by 23 percent on April 1. Their plan is to more than double it again over the next six years.

Now, I will contrast that with our own approach. When I was the Minister of Finance in 2012, I froze the carbon tax at $30 a tonne. For the viewing public out there, I know $30 a tonne doesn’t mean much, but it was 6.7 cents a litre in terms of fuel tax. That’s about five bucks on filling a typical vehicle.

Under this government, when they changed the carbon tax to no longer be revenue-neutral and took all the money into government, they violated, I believe, the public trust, the pact that we had with the public — that this was not about a cash grab, that this was genuinely about showing leadership in the environment but doing it in a way that doesn’t become what politicians love to do, which is pretend they care about the environment but it really comes down to picking people’s pockets. That’s where you lose public support, and that’s where we are today.

The Premier stands virtually alone as being the only individual out there that continues to believe that the right idea is to punish struggling British Columbians at a time when a national accounting firm that the Premier loves to hire to do lots of contract work for them advises that 50 percent of the population in this province is $200 a month or less away from being able to meet their own family budgets.

In spite of that, in spite of the clear affordability pressures that people are feeling, living in what the media has correctly described as the most unaffordable province in the entire country after seven years of NDP government, you can imagine how people feel when, on April 1, this Premier, with some delight, increased the carbon tax by a further 23 percent and is en route now, over the next six years, to increase it up to 38 cents a litre by 2030 — 38 cents a litre from when it was frozen by myself in 2012 at 6.7 cents a litre.

[4:35 p.m.]

By the way, it was kept frozen by the subsequent Finance Minister, the member for Abbotsford West, and stayed frozen right through until the NDP were elected in 2017.

Families can’t afford these increases. They don’t get the benefit of the inflation increase that the Premier awarded himself that results in a $7,700 annual increase in his salary. At a time when families are struggling just to meet their basic needs, why is the Premier increasing the carbon tax and plans to increase it to 38 cents a litre?

Hon. D. Eby: As we conduct these estimates, people in the northeast of British Columbia are fleeing a wildfire. People right across the province are facing record levels of drought. The Cowichan River almost dried up last summer. It was kept flowing only by the function of giant pumps that were run to ensure that water continued down the river to keep fish alive.

We have, without doubt, been the most climate-affected jurisdiction, in my opinion, in Canada and probably vie for that title with California in North America.

[4:40 p.m.]

The cost, the decimation, of climate-related impacts in British Columbia is huge, just last year $1 billion spent fighting forest fires.

The carbon tax is one of those tools that encourages clean energy and puts a price on pollution. It’s important to recognize that when that’s done, it encourages people to use things that are produced here in B.C., like clean electricity. It creates jobs here in the province and creates opportunity here in the province, but also economically.

The discussion on climate change here is important for us in B.C. We have a huge economic advantage in our province when it comes to the global battle on climate change. We have clean electricity that ensures that the resources and products that are produced here are the lowest-carbon products in the world.

Our aluminum from Kitimat, for example, is the lowest-carbon aluminum in the entire world. But it just gets lumped in with aluminum from places that have no worker protections, high carbon production. It doesn’t get the premium that it deserves.

Well, that’s changing. Europe is in the process of putting a carbon-intensity tariff in place that will promote low-carbon goods being imported into Europe with lower tariffs. The Biden administration in the United States is striking a committee around tariffs connected to carbon intensity, both of which will advantage B.C. products. It’s our moment to take advantage of those economic opportunities.

The member raised the question about his own record on the carbon tax. The member might remember that the main beneficiaries of the carbon tax when he implemented it, just to be clear, in what the member called one of the proudest moments of his life…. The main beneficiaries of the “neutrality” were big companies, who received a tax break worth $450 million.

Well, the outrage that that occasioned on the part of longtime allies of the Leader of the Opposition, supposedly, and his party…. The Canadian Taxpayers Federation said it’s ridiculous for an average taxpayer to be told it’s revenue-neutral. Then in 2017, they said again, and this was just before we were elected as an NDP government: “The B.C. carbon tax hasn’t been revenue-neutral for years, because the previous government” — speaking specifically about the Leader of the Opposition that just asked me this question — “had been adding old tax credits to their carbon tax balance sheet to make it appear revenue-neutral.”

The member talks about the recent increase to the carbon tax, about three cents a litre. It’s a federally mandated carbon tax increase. Every province in Canada implemented that under the federal carbon tax mandate.

The member, I don’t know, doesn’t explain how his approach would differ there. But regardless, one of the things that we saw in the Alberta election was that before the election, the leader of the Alberta Conservatives cut gas taxes by ten cents a litre and then, after the election, put gas prices back up ten cents a litre.

The member has been, in the past, very clear that eliminating the carbon tax would result in double-digit tax increases for individual and business taxpayers because of the very system that he designed. His record and the record of the members who sat with him around the cabinet table as they improved budget after budget with this approach was that only 16 percent of carbon tax revenue was given back to people through the tax credit.

In contrast, 100 percent of this year’s increase is going back to low- and middle-income families in the province. I will add that we announced about a week ago flat ICBC rates for British Columbians for two more years, which will be six years.

[4:45 p.m.]

The member who used to be the minister responsible for ICBC is laughing, and I understand why. It’s because when they were on this side of the House, the corporation was losing $1 billion. The idea of a rebate was laughable.

But now ICBC is building their capital. They are back to meeting the minimum capital test. They are projecting — final books are underway — a $1.4 billion profit this year, of which $400 million will go to provide a rebate to B.C. drivers, $110 per policy for both business and personal, and, in addition, six years of zero percent for ICBC basic insurance for drivers.

These are benefits that people in Manitoba and Saskatchewan have been enjoying for 20 years. To fix ICBC, all we had to do was call them up and say: “Hey, what are you guys doing?” They shared their law with us, and then we passed it here. British Columbians could have been enjoying those low rates and those rebates much, much sooner.

We’ll support drivers. We’ll do all we can to keep costs low for British Columbians. We’ll return the carbon tax to them, and we’ll take action to address climate change, because that is something that is important to British Columbians. They are seeing firsthand both the impacts and the opportunity that’s presented as the world shifts to a low-carbon future.

K. Falcon: Just very quickly, the federal government happily just released information last week and shows that, actually, British Columbia has the worst record in terms of GHG emissions in the country. Under the NDP, we saw a 3.9 percent increase in GHG emissions, which contrasts, of course, with other jurisdictions like Ontario, which was down almost 4 percent, Alberta 3.4 percent, Saskatchewan down 8.3 percent. Again, the theme, lack of results. Lots of talk, lack of results.

In Alberta, since the Premier mentioned Alberta…. Well, thank goodness they actually gave some of their public a break on fuel prices. That’s why in Alberta their average gas prices are 50 cents a litre cheaper than it is here in British Columbia. And we wonder why there’s an exodus of people flowing out of British Columbia for the first time since the last time the NDP were in power.

The Premier’s, again, the only leader in this country that continues to defend the Trudeau tax increases that he is quite happily going along with in terms of the carbon tax. Especially painful for folks when they’re not getting that money back as they used to under the revenue-neutral carbon tax.

Let’s look at the Manitoba Premier, Wab Kinew, who reminds us that “the carbon tax is not a silver bullet.” He further says: “Action on climate change means bringing the working person along. We also need to show flexibility and help people who are struggling right now because of inflation.”

The Saskatchewan NDP opposition leader also opposes the carbon tax. Virtually every Premier in the country is opposing the carbon tax, except this Premier. So again….

Oh, by the way, I should mention even his federal counterpart…. And there’s no differentiation, for those that are watching, between if you’re a member of the federal NDP or a member of the provincial NDP too. It’s back and forth. They’re all one and the same. Jagmeet Singh says: “Fighting climate change can’t be done by letting working fam­ilies bear the cost of climate change while big polluters make bigger and bigger profits.” Interesting.

My question to the Premier: why does this Premier choose to exempt large industrial operations from paying the carbon tax, yet is increasing the carbon tax on families to 38 cents a litre in direct contrast to other NDP leaders, other Premiers, including Wab Kinew and Jagmeet Singh?

[4:50 p.m.]

Hon. D. Eby: The member made a number of statements that he knows are not correct. The study that he referred to shows that emissions in B.C. have gone down since 2017 and since 2007. This is despite very significant growth in our population.

[4:55 p.m.]

They are still below 2018 levels, despite our economy restarting post-pandemic — 2018, 65 megatonnes; 2022, 64.3 megatonnes.

Keep in mind that despite what the member said — that people are leaving British Columbia, which is completely false — every British Columbian with eyes in their head sees that our population is growing at a remarkable and historic rate. We’re adding 10,000 people every 37 days to the province of British Columbia. Just think about that for a sec: 10,000 people every 37 days. That is a massive population increase. Despite that, our emissions are going down.

Okay, maybe the member will suggest: “Well, the answer for that is that the economy is not growing.” Actually, that’s also not true. B.C. gained 93,000 jobs in the last 12 months. We have the lowest unemployment rate in Canada.

Interjection.

Hon. D. Eby: The member says: “Part-time jobs.” He cannot accept that we are leading Canada economically. It does not fit within his worldview, but it is true. These are full-time jobs.

Interjections.

Hon. D. Eby: You know, members can get up and ask additional questions if they wish. I’ll just try to get through this answer for everybody who’s listening.

The Chair: We don’t need any crosstalk. Let’s keep this civil, please.

Hon. D. Eby: Just last month, our private sector added 23,100 jobs, the largest increase among provinces. Our GDP growth leads large provinces in Canada. Last year’s job creation was four times higher than when the opposition leader was sitting on this side as Finance Minister. B.C. has some of the fastest wage growth in Canada. We are providing support for people with the cost of living.

A list of some ways we’re trying to support people with the cost of daily life…. We have cut the cost of child care in half. When we formed government, the average cost for child care was $53 a day; now it’s $18 a day. I know we’ve got more to do on this, but that is significant for families. We’re saving people an average of $2,000 on their car insurance and providing the fourth rebate from ICBC. Free prescription contraception….

Interjection.

The Chair: Member, one member has the floor, and then we’ll come back to you. We’ll go back and forth. Let’s just let this process happen. Thank you.

Hon. D. Eby: The member is unhappy with this because the story of his time in government is one where he increased costs for British Columbians every year when they put the carbon tax in.

Interjections.

The Chair: Members, please. One person has the floor.

Hon. D. Eby: When they introduced the carbon tax, it was not neutral for British Columbians. The Fraser Institute pointed out that they used it to reduce taxes for the biggest companies in the province. That’s why it matters when there’s a government that gives you $100 credit on your hydro bills. That’s why it matters when 100 percent of the carbon tax increase mandated by the federal government goes back to British Columbians.

That’s why it matters for 1½ million renters when their rent, which used to go up based on inflation plus an additional 2 percent, only goes up on the basis of inflation. In fact, we’ve kept it below inflation for many months. That’s why it matters when you get a $400 renters tax credit.

I know that we’ve got more to do to support British Columbians with costs, and we’re going to continue to do that work. It also matters that we’re growing the economy in a way that is low-carbon and that supports families. With the 450 jobs at the E-One Moli plant in Maple Ridge, and Canada’s first fully renewable biofuel refinery in Prince George, we are going to continue to do the work to build our clean economy and ensure that we’re supporting people.

[5:00 p.m.]

The member is raising the issue of taxes. When he was in government, he raised taxes. A family earning $30,000 annually in this province actually used to have to pay taxes in the province of B.C.

They now get $2,400 back in their pocket, since we formed government. A family earning $100,000 with two kids — it’s a tough thing to do — pays 38 percent less in provincial taxes today than they did in 2016, the last year of the previous government. People earning up to $150,000 in B.C. pay the lowest personal income tax in Canada.

We know what would happen if the opposition was re-elected. They would re-impose the tolls. They would re-establish the medical services tax, which was a special health tax just for British Columbians. British Columbians can’t afford that.

K. Falcon: That long, lengthy answer…. I get it. The Premier wants to try and rag the puck so that he doesn’t have to answer questions, but it would be appreciated if the Premier would actually answer the questions that I ask.

First of all, just to educate the Premier, there is a difference between migration and immigration. Migration is the number of people that come into British Columbia from other parts of Canada against the number of people that leave British Columbia for other parts of Canada. What the Premier needs to know is that the out-migration — not immigration, which is separate; that’s international — is at a record level. In fact, the front page of the Vancouver Sun described it as an exodus not seen since the last time your government was in power, 70,000 people that have said: “We’re out of here because this place has become unaffordable under the NDP.”

Now, I don’t know who gives the Premier his information. He seems to think that the economy is doing so well in British Columbia. He’s clearly not speaking to anyone in the business community, I can assure you.

Just for the Premier’s record, to read into the record for those that are joining us, under the NDP, the private sector, which is responsible for over 75 percent of all economic activity, including job creation, has stagnated. The public sector, of course, has seen a massive increase, over 140,000 jobs, while the private sector experienced much smaller growth of just 39,400 jobs.

So 2023 marked the weakest job growth in a decade for B.C. This is from the Business Council of B.C., so I’m quoting directly: “2023 marked the weakest job growth in a decade for B.C., compounded by virtually no job growth in the private sector since 2019.” That’s David Williams, the senior policy analyst for the Business Council, who says there has been “almost no private sector job growth in B.C. since 2019.”

That’s your actual record, Premier.

The Chair: Through the Chair, Member.

K. Falcon: Getting back to the affordability and the carbon tax, which is what we’re talking about — I had to correct a record, of course, because the Premier strays from the actual question — the carbon tax doesn’t just impact fuel. It also impacts heating costs.

When the Prime Minister gave the Maritimes a three-year moratorium on carbon tax on oil-heated homes, we immediately stood up and said that if it’s good enough for the east coast, it ought to be good enough for the west coast. Happily, because we have a made-in-B.C. carbon tax, we have the ability to provide that relief on all home-heating fuels, whether oil, natural gas or propane. Unfortunately, the Premier doesn’t want to do that.

In fact, in his own words, he stated: “Let me be clear. We will not back down. God forbid, if the rest of the country abandons the fight against climate, B.C. will stand strong.” Well, I can tell you, Premier…

The Chair: Through the Chair, Member.

K. Falcon: …the public doesn’t share that, through the Chair. The public doesn’t share that.

On March 28, two days before this Premier’s government hiked the carbon tax by 23 percent, I was doing a town hall in Kamloops. I spoke to Eleanor from Kamloops, who said: “We’re obviously paying way too much for the carbon tax. On my recent Fortis bill, the actual amount for the gas was $25. My carbon tax was $37 on this bill. The actual carbon tax on the amount of gas I used was more than the price of the gas itself. This is ridiculous.”

Well, the sad news for Eleanor is that under this Pre­mier’s plan, she’s going to see that carbon tax bill go up to $95 by 2030. Now, the Premier and this NDP government don’t seem to know that many people like Eleanor don’t have an option not to heat their home. How is it fair to her that the Premier’s carbon tax now exceeds the cost of the actual gas they’re paying?

[5:05 p.m.]

Hon. D. Eby: As fires rage in the northeast and we line up for a long, hot summer, likely with significantly more catastrophic forest fires interrupting the lives of British Columbians, the latest in a long series of climate-related disasters in our province, I stand by that quote. We cannot back down on the fight on climate change.

There are two reasons why. One is that it affects our province more than other places. If not us, if we’re not saying we’re going to fight climate change, then how are we going to convince those provinces and those other places that haven’t seen the same impacts yet?

[5:10 p.m.]

The second is the economic opportunity for our province. Despite many suggestions from the opposition that the CleanBC plan was undermining economic growth in our province, we are leading economic growth in Canada. That is not me saying that. That is Statistics Canada’s jobs numbers coming out.

It is a difficult time economically across Canada and around the world right now, with rising and high central bank interest rates. The design and the intent of central banks in raising those interest rates is to stall and stop economic activity to reduce the impact of inflation. That hits pretty hard here in B.C., and families are really feeling that.

I did write to the Bank of Canada. I pointed out that for British Columbia, the biggest driver of our inflation here is housing costs — not even close, any other category, double-digit cost increases. High interest rates have two big impacts on British Columbians.

One is the mortgage payments that they make when they go to renew. Significantly higher. Also, when we need to build a huge amount of housing for all the people moving into this province, those who would like to build the housing, the homebuilders, to borrow money to build those homes, are borrowing at very high interest rates that make things like new rental housing less achievable.

When I wrote to the Bank of Canada to point those things out, unfortunately, the Leader of the Opposition opposed that action of advocating for British Columbians. It’s too easy for Ottawa to forget about British Columbia, and I won’t apologize for that either. We’ve got to make sure that Ottawa understands, whether it’s the Bank of Canada or the federal government, that they need to support British Columbians.

Another example of standing up for British Columbians on affordability. The member mentioned the special treatment of Atlantic Canada around fuel costs and support for fuel switching to get away from wildly expensive heating of your home through fuel oil, which is also one of the dirtiest ways of heating your home. It’s expensive, it’s inefficient and it’s carbon-intensive. Well, Atlantic Canada got a special deal from the federal government for people to switch over to heat pumps. These are combination air conditioner heater units that run on electricity. And we said: “Where’s ours? Where’s British Columbia’s?”

The good news is just a couple days ago, we were able to join in an announcement with the federal government to announce rebates of as much as $16,000 for British Columbians to switch from fuel oil to heat pumps and significant rebates for others switching from natural gas and propane to heat pumps. This is a very significant and important program to help people drive down the costs of home heating and home cooling, which is increasingly important in our province.

Now, the member talked about migration. The member talks about so many things, and it’s important for me to do my best to put the correct information on the record here. The member talked about migration numbers. About 70,000 people did move from B.C. to all other provinces last year, but 60,000 people moved from other provinces to British Columbia.

Every single province did lose people to Alberta last year, B.C. included. But we gained people, on net, from Saskatchewan, Manitoba, Ontario, Quebec and Newfoundland and Labrador — people looking for opportunity, choosing to move to British Columbia.

I’m not sure the distinction the member makes between migration and immigration into British Columbia, but the impact and the consequences are the same. Our population is growing at an historic rate. We need to build schools. We need to build hospitals. We need to build roads and transit to accommodate this population growth. And that’s exactly what we’re doing.

It’s important that we at least be able to understand the reality on the ground, because that will assist government in designing responses. When our population is growing, if every British Columbian is aware of that, at a rate we haven’t seen for 30 years, they will understand why we have to have an historic capital budget to build out these things and why it’s significant that the Leader of the Opposition and the leader of the Conservative Party want to cut that budget and don’t want to build those things.

This is a legitimate political position to take, but it leaves families in the lurch that need the schools and the hospitals and need us to respond to that growth.

[5:15 p.m.]

The member made a number of claims about private sector investment. Just the most recent month, our private sector gained 23,100 jobs in April 2024. That was the largest increase among provinces. Keep in mind, this is in a high interest rate environment. Blackwater mine is under construction. That’s 825 construction jobs, 450 jobs in operations.

The Bralorne and Premier mines, which were closed for decades, are reopening.

It’s not just the resource sector. AbCellera is establishing a $701 million state-of-the-art biotechnology campus in the Lower Mainland.

In the tech sector, Alkemy X invested $200 million in expanding visual effects operations in Vancouver.

DP World completed their $350 million Vancouver port expansion.

Hexagon Purus, a $230 million battery pack and hydrogen storage system manufacturing facility in Kelowna.

And a visual effects company called Wētā out of New Zealand established their first international office outside New Zealand, a $200 million capital investment in British Columbia. That is a sector that is growing very dramatically.

We know there are big challenges in sectors like forestry, and we’re going to support those workers in those sectors. We have sectors that are doing very well in the province, despite globally high interest rates. I’m very proud that foreign direct investment into the B.C. is up almost 250 percent compared to when the Leader of the Opposition was in power because that investment supports jobs, supports families in British Columbia in building a good life here.

K. Falcon: Boy, where do I start? Okay, well, let’s start with the fact that the average worker, that often this NDP government professes to have their interests in mind, under the NDP’s carbon tax scheme, is now going to be paying $0.38 at the pump. That cost goes through the entire supply chain. All the cost of transporting agricultural products to grocery stores all goes up as a result of the Premier’s carbon taxes.

That adds to the cost of groceries. That’s why you have inflationary pressures on groceries. All of that ends up at the kitchen table with families struggling to pay for this Premier’s determination to be the only Premier in the country that continues to believe that the right way to deal with the climate is to hammer hard-working, average British Columbian men and women. Eleanor in Kamloops is going to see her carbon tax go up from the $37 that she’s already paying on $23 worth of actual gas to $95. That’s an interesting approach, and the Premier can stick with it.

The Premier now talks about major projects. This is interesting to me because the Premier should know that much of the benefit that the economy has received, during virtually the entire time that the NDP have been in power, is the result of three major projects.

Those three projects were Site C, the twinning of the Trans Mountain Pipeline and, of course, the Coastal Gas Link Pipeline and the LNG facility in Kitimat. Those three projects together represent over $100 billion in capital investment, and they represent tens of thousands of very high-paying, family-supporting jobs that support not just the families in Indigenous and non-Indigenous communities, but also many of those communities themselves.

All three of these projects are characterized by two interesting elements. The first is that all three were supported, promoted and initiated by the B.C. United government. And all three were opposed by this NDP government. I just want viewers to think for a moment, just to pause and think for a moment: what would be the impact today had the NDP been in power back then, with all three of those projects gone? And just for the Premier’s benefit, in 2019, two-thirds of B.C.’s economic growth was derived from those major capital projects.

The sad tragedy for British Columbians is that there are not three large major projects following those as they all wind-down. In fact, there is not one.

[5:20 p.m.]

I know the Premier has never had the opportunity to work in the private sector, but I’ll tell the Premier that announcements are different than investment decisions. A company may express in an announcement that they want to build a battery plant, but that’s very different than getting board approval to allocate capital to actually make that investment.

What rural British Columbians, in particular, and all British Columbians should be very concerned about is the fact that today, in British Columbia, major capital is not clamouring to come to British Columbia. In fact, they are fleeing elsewhere. Certainly, Alberta and Ontario…. Virtually every other province is laying out the welcome mat. In British Columbia…. It is very clear this is the last place that major projects want to consider.

The question to the Premier, given the Premier likes to go on about cuts…. I will acknowledge that, yes, we do want to cut the carbon tax and remove it from home heating fuels. We do, and we will. We do want to cut the carbon tax and remove it from the agricultural sector, absolutely. We don’t want to see continued pressure, through the supply chain, impacting groceries. Yes, we will continue to fight the Premier’s efforts, along with the federal government, to dramatically jack up the carbon tax, almost tripling it in the next six years. We will definitely cut those things.

The other thing that we’ve seen is multiple cuts in our credit rating as a result of the financial irresponsibility of this government. They’ve now given us…. Not only have they, in seven years, remarkably, managed to double the provincial debt to over $100 billion. They plan on increasing that a further $64 billion over the next three years. They’re giving us the largest projected deficit in the history of the province of British Columbia. Another first. Certainly, that’s a first — not a good one, not one that we want to brag about or talk about.

We’ve seen multiple credit-rating downgrades. That is the record. And this is the saddest part. All that spending and all that debt are tied to the worst outcomes we’ve ever seen, economically, in terms of investor confidence, in terms of health care outcomes, in terms of public safety, in terms of overdose death rates. Virtually every area of provincial responsibility. Worst results.

Biggest spending ever. Worst results. Again, the theme, as I talked about at the beginning, is a lack of results.

Premier, my question to you is….

The Chair: Through the Chair, Member.

K. Falcon: My question to you, Premier, through the Chair, is…. You opposed all three of those projects. You spent millions of dollars in the case of the Trans Mountain Pipeline and wasted millions of dollars of taxpayer money to try and frustrate that project and, very successfully, in fact, were able to frustrate and slow it down.

Although you lost every court case decisively, you did manage to drive the…

The Chair: Through the Chair, Member. The member knows how we conduct our speech in this House.

K. Falcon: …private sector right out of that project and got a budget that started at $7 billion to over $30 billion. The federal government had to step in and try and steer that project to a successful conclusion.

Given that those three major projects that the NDP opposed are coming to an end almost at the same time, can the Premier tell us what he’s going to do to get other similarly sized major projects happening in British Columbia to give some sense of hope to British Columbians that there will be some source of revenue to look after an aging population?

[5:25 p.m.]

Hon. D. Eby: The member asked about major projects in the hopper.

These are all projects that are at about the $1 billion or higher level: Roberts Bank 2 expansion; Tilbury marine jetty; Cedar LNG; Ksi Lisims; Fortescue; E-One Moli; Vitalus; POSCO; AbCellera; and in the film and television sector, the filming of Avatar: The Last Airbender and the Percy Jackson series continuation. These are significant. They are a big hit at my house. There’s a lot of excitement that those are coming to British Columbia.

Some of these projects are already under construction. Some are in final investment decision mode. All of them of significant value. All of them private sector.

The member mentioned Site C and the conclusion of the Site C project in his list of projects supporting the economy in British Columbia. We have announced a $36 billion capital plan for B.C. Hydro that will drive economic growth right across the province. This enables us to do things like sell hydro to other jurisdictions like Alberta and Washington state and down the west coast when we’re able to but also to support industry growth in British Columbia. The average is 10,500 to 12,500 jobs annually. We’ll maintain B.C. Hydro’s capital investments as major projects, like Site C, wrap up.

The member did mention LNG Canada but did forget to mention which government delivered that project. That project was delivered….

Interjections.

Hon. D. Eby: The members are quite derisive.

I remember the promises of the previous Premier that we would have a debt-free B.C. I remember she had a whole campaign bus. I forget what the number was, how many LNG projects she committed to. She didn’t deliver a single one.

[5:30 p.m.]

The piece here that’s important is that we are taking a different approach around LNG than the previous administration, which is: we are ensuring that the projects that are going ahead are going to be net zero by 2030. We’re ensuring responsible development of the resource sector and making sure that those projects that are coming to us…. And, interestingly, Indigenous-led projects like Cedar and Ksi Lisims will be net zero by 2030. That is a credible and electrified approach, and those Nations that are advocating those are rightly proud of the very high environmental standards that they’re bringing with those projects.

The member asked for projects. That’s a list of projects.

The member leans heavily on his record around taxes. I’m not sure I would do that, if I were the member. He may remember, as Finance Minister, that he promised, just like he promised just now, to cut taxes. He promised to cut the small business tax from 2.5 percent to zero percent. But then he changed his mind. Small businesses got one month’s notice that the tax cut that the member had promised wasn’t coming.

Shachi Kurl from the Canadian Federation of Independent Business said: “It’s not good enough, from our members’ perspective.” He promised the tax cut, and then he cancelled it, just like in Alberta during the election. The Conservative Party promised an income tax cut for Albertans. After the election, he said: “Sorry, we can’t do it.” The pattern is consistent.

This member is promising, again, tax cuts. “I’m going to get rid of the taxes” that, funny enough, he brought in. “I’m going to get rid of those taxes.” Well, guess what’ll happen after the election? “Oh, I’d love to do it.” But just like in 2012, he’ll back off.

The member mentions credit ratings. We’re the only province in Canada with a triple-A credit rating. We were, indeed, downgraded by S&P, and it’s important to note why. The reason for the downgrade was our capital expenditure budget. This is an important point, because if the member says that he will prioritize the rating agency S&P over British Columbians, that means cancelling school projects, cancelling hospital projects, cancelling transit projects — cancelling the projects we need to respond to the unprecedented growth we’re seeing.

Don’t take my word for it. From S&P: “With the continued impact of macroeconomic headwinds on the cost of living, B.C. has maintained focus on taxpayer affordability. At the same time, with robust population growth, the province is investing in infrastructure at unprecedented levels.”

We have the best credit ratings in Canada. We have the lowest interest rate bite. DBRS confirmed our rating, saying that the credit rating confirmations “reflect the underlying strength and diversity of the province’s economy, its discipline management practices and its strong balance sheet.”

With elections approaching….

Interjections.

The Chair: Member.

Hon. D. Eby: Hon. Chair, the member’s literally…. This question was about credit rating agencies. I’m reading the quotes from the credit rating agencies about our province.

Interjection.

The Chair: Member for Kamloops–North Thompson. Please.

Hon. D. Eby: With elections approaching in October, the New Democratic Party government is prioritizing public investments over austerity in response to economic challenges that households are facing, and that is exactly right. We are prioritizing that, and we will continue to prioritize that. We’ll support families.

There is a debate. Is now the time to pull back, or is now the time when families need support more than ever and communities need support more than ever? We say they need the support. We say they need the schools, the hospitals, the roads and the transit.

That helps grow our economy, and that helps deliver these major projects that I listed, many of which are multi-billion-dollar projects. We can’t have that if there’s no place for kids to go to school, if there’s no housing for those…. The services, the public services that those folks are going to count on as they work on these major projects and at these major projects right across the province….

[5:35 p.m.]

K. Falcon: One of the challenges, of course, and this certainly is duly noted by the credit rating agencies, is that it’s not just that the government has taken us on a debt binge. It’s how irresponsibly that debt is being racked up. I could give examples all evening.

Two important ones, I think, for the Premier: the Cowichan Hospital, which started out as a $600 million hospital. The NDP government, then, in their wisdom, and I use that word loosely, decided to make that what they call a community benefit agreement, which is really a forced unionization that limits the pool of potential bidders. Last time I checked, that hospital is now at $1.4 billion and counting.

We’ve, of course, got the other example of even hospitals they haven’t started construction on yet, like the Surrey hospital, which they’ve been announcing now for seven years — a hospital that is already over $1.2 billion over budget and delayed a further three years, its start date. They haven’t even put a shovel in the ground yet, though they did have a photo op, admittedly, with shovels. But of course, that was just to announce that the project was delayed a further three years, and the cost had gone up over $1.2 billion.

That’s how you very quickly can get to doubling the debt in seven short years to over $100 billion and adding another $64 billion projected over the next three years to where you’ve got $165 billion in debt.

I’m also quoting…. The Premier likes to quote from credit rating agencies. Well, S&P global, which downgraded the provincial debt, and I quote: “B.C.’s budgetary performance will be the weakest of its peers, both domestically and internationally.” Another quote they had was: “We expect that the province’s fiscal performance will materially deteriorate in the next two years.”

Moody’s, of course, Moody’s Investors Service, also issued a negative outlook. The quote there…. There’s a number of them, but I’ll just use one: “We view these deficits as structural in nature, especially given the lack of clarity by the government on a path back to balance.”

Now, B.C. has experienced its weakest job growth in a decade in 2023. As I mentioned earlier, private sector employment has barely changed since 2019. Other provinces saw job growth rates of 3.3 percent to 4.6 percent in 2022 to 2023, contrasting sharply with B.C.’s own 0.2 percent decline.

The government lacks a strategy to replace the $110 billion in major capital projects that were underway as a result of our government: Coastal GasLink, LNG Canada, Trans Mountain Pipeline and Site C, of course.

I’m quoting the senior policy analyst at the Business Council of B.C. again, that by 2027, British Columbia’s GDP per capita will drop to $53,500, a $300 decrease from 2019, described as an “eight-year recession.” That’s, again, the Business Council of B.C. senior policy analyst.

Prof. Trevor Tombe out of Alberta warns that “B.C.’s fiscal future is now bleaker than any other, including Newfoundland and Labrador.” Stabilizing B.C.’s debt would require increasing revenue or cutting expenditures by 4.8 percent of GDP, which would be the equivalent of raising our provincial sales tax from 7 percent to 22 percent.

With B.C.’s fiscal future described as bleaker than any other province, why is this Premier creating a structural deficit that could involve the Premier — God forbid, if they ever got back in government — having to raise the provincial sales tax to potentially 22 percent?

[5:40 p.m.]

Hon. D. Eby: For those who may be spending their evening watching us instead of doing something else, just to get an understanding of how disconnected some of the things the member is saying are from the situation on the ground….

The Surrey hospital is under construction. He insists that it’s not. There’s not much I can do about that. It’s under construction. I toured the beautiful new St. Paul’s Hospital. It’s under construction. The Cowichan Hospital, I just toured last week. It’s beautiful. It’s going to be amazing for the community. I was up in Terrace. The Mills Memorial Hospital is getting close. It’s very exciting for the community.

There’s no question that costs have gone up since we started these projects, and they would have been a heck of a lot cheaper if they were built when we needed them, which was years ago. But we’ve got to get them built. We can’t rely on our grandparents’ infrastructure at a time when our population is growing so dramatically.

[5:45 p.m.]

How did we get here? There was an opportunity in 2012 to build that hospital for Surrey. The then Finance Minister, who’s asking me these questions, the Leader of the Opposition, announced in his budget speech that he was selling land that he considered surplus, including a site designated for a new hospital for Surrey:

“Our goal is to take those surplus assets and turn them into economic generators across B.C.

“As an example, the province owns a 15-acre site in Surrey just off Highway 10. We were holding on to it in the event the new Surrey Memorial Hospital…needed it. With the almost $600 million expansion of Surrey Memorial Hospital now underway at its current location, the land is surplus. Rather than letting it sit there, costing taxpayers money, we intend to sell it and let the private sector use it to generate economic activity.”

That land sale program that sold off this hospital with such a feeble explanation included $1 billion in publicly owned properties that were sold from 2013 to 2017 under the Leader of the Opposition and the leader of the Conservative Party. This is how they used public assets. The Auditor General criticized the lack of planning: “No targets were set and no system was put in place to identify and assess potential economic activity and cost savings.”

Well, there actually was a plan. Many of the sites were sold to developers who had collectively given millions of dollars to the then-governing party that was represented by the Leader of the Opposition and the leader of the Conservative Party, including land in Burke Mountain that sold for $43 million under the appraised value. Now, that is quite something.

The Surrey site for the hospital was sold to a group called Fairborne Lands for $20.5 million, despite being appraised at $23½ million. What a deal. Then the president of that company that bought that hospital land, Christopher Philps, later gave the B.C. Liberals a $25,000 donation and gave the maximum donation in 2020 and 2021, understandably grateful.

Many of the sites that were sold are needed for schools, for housing, for essential infrastructure right now. In Surrey alone, 21 sites were sold. Fifty of the properties were sold by the Ministry of Education. British Columbians lost out on $367 million over three years as the property values skyrocketed.

The member says that we’re going to increase the sales tax to 22 percent. It’s false. It’s completely false, made-up nonsense. When he was on this side of the House, though, he gave tax breaks to big companies, the top 2 percent, and paid for it by increasing fees for British Columbians. ICBC premiums up 11 percent. MSP up by 10 percent. That’s a tax that doesn’t exist anymore in the province. We got rid of that. Tolls on the bridges. They cancelled the then existing $14-a-day child care program.

If they are re-elected, they will do the same thing. They will cancel those programs that are supporting families. They will cancel the construction of the schools and the hospitals that we need. They will sell the land and pretend that that is somehow good fiscal management. British Columbians can’t afford that approach. They couldn’t afford it then. They can’t afford it now.

K. Falcon: Where do I start? Well, let’s start in Surrey. The second hospital he talks about — construction hasn’t started. What’s going on there, Premier? I encourage you to go take a look.

The Chair: The Chair, Member.

K. Falcon: The site you’ve chosen is going to require over half a billion dollars just in the soils work that’s going to have to be done before you can actually start constructing that site in Surrey, which is one of the reasons why, by the way, it’ll be delayed for years.

Now, their record of building things needs no explanation. I’m glad he’s excited about the hospital in Cowichan, and we should all be excited about the new hospital, but I’m pretty sure taxpayers aren’t excited about the fact that the cost went from $600 million to $1.4 billion and counting. I can assure you they’re not excited about that.

Now, in contrast, I was the Minister of Health that in 2009 stood up in front of what was then the old Surrey Memorial Hospital and said we’re building a new $500 million tower with over 500 beds and the largest emergency department in Canada.

[5:50 p.m.]

It opened five years later, on schedule and on budget. I’m certainly proud of that record. Same with the Jimmy Pattison outpatient centre that opened a few years later, again on schedule, on budget, another quarter-billion dollars.

It’s not just building things. Yes, you have to build things, but it’s how you build them. God knows I would never want this government touching any capital project I was involved with, for sure.

They love to trot out this issue of me selling what should have been the second hospital. I remind the members — I often do — that it was actually Fraser Health that declared that land surplus to their needs. What did we end up doing? Well, interestingly, we ended up doing exactly what the Premier is calling for in his own housing plan, which is to take government lands and create housing. Imagine that. There are hundreds of people now living there in housing that was delivered very, very affordably, especially in contrast with the highest housing prices in North America that we see today.

Back then people were able to buy beautiful housing for $350,000. Sadly, under this government, those kinds of prices are just a pipe dream. But that’s what we did, and we can be very happy that there are now hundreds and hundreds of families that have benefited from that decision.

Why did Fraser Health declare the land surplus? Well, because they recognized that having another hospital within five kilometres of their current hospital, with very challenging transit, didn’t make a lot of sense. So the government went ahead and chose a site in Cloverdale that, as I say, is going to cost them over half a billion dollars, over $500 million, just in dealing with the soils. They chose some farmland that has very, very challenging soils, that if they had talked to folks in the private sector could have advised them of that.

In the backdrop of this discussion on affordability, where we’ve identified…. Certainly, there’s no argument about those facts: that we do have the most unaffordable housing in North America; that we do have the highest average rents in Canada; that we do have the most expen­sive fuel prices in North America. We’ve heard confirmation from the Premier that they are going to just continue right on there with the federal government tripling the carbon tax for British Columbians over the next six years.

How does that affect seniors? Well, the seniors today are experiencing the worst levels of support in the country. This isn’t me saying this. The former seniors advo­cate said under this Premier, B.C. ranks as the absolute worst in the entire country for supporting seniors. That was the former seniors advocate, Isobel Mackenzie. She said: “B.C. is the lowest.”

We’ve got nearly a third of B.C. seniors who live on less than $25,000 a year, and they’re struggling with basic expenses. Many seniors — I’ve spoken to many of them personally — are having to make decisions about whether they can purchase medication or buy a meal. The stories are endless, and they’re tragic.

Yet at the same time that the NDP government under this Premier is running the largest forecasted deficit in the history of the province of British Columbia, almost $8 billion, the Premier changed the law that we had put in place that would penalize the Premier and the cabinet ministers for running those kinds of deficits. By eliminating that holdback, the Premier gave himself a $10,757.95 pay raise this year, because that discipline is no longer there, which is why they’re happily projecting deficits as far out as the eye can see with no plan to get back to balance.

At the same time that seniors are struggling to just get food on the table or pay for critical drugs, salaries and benefits in the Premier’s office in this budget are increasing by over $700,000. That’s a 5.1 percent increase, more than the rate of inflation.

[5:55 p.m.]

My question to the Premier: at a time when the government is offering seniors the lowest level of support in the country, as confirmed by the former seniors advocate, why has the Premier authorized a 5.1 percent increase in salaries and benefits for his office this year, exceeding the rate of inflation?

[6:00 p.m.]

[J. Tegart in the chair.]

Hon. D. Eby: I’ll begin with the Surrey Hospital construction. Anyone who’s interested, go to the Fraser Health website and look at pictures of the construction underway at the hospital. The photographs are as recent as May but include work related to the north ramp and ambulance bay and guide walls being formed and poured.

The member says that he didn’t decide to sell the land for the Surrey Hospital. I’ll just read the member’s quote back to him. “Rather than letting it sit there, costing taxpayers money, we intend to sell it….” Wants to blame it on Fraser Health. The member sold the property. We’re not building affordable housing on it because it was sold to a major donor to the B.C. Liberal Party for $3 million less than the assessed value. Appraised value. It’s important to be accurate in this place.

The member talks about building hospitals. St. Paul’s Hospital, new hospital business plan announced 2002 and pre-business plan announced in 2017. Nothing was done. Pre-business plan. That was a new mechanism, I guess. It resulted in an announcement, but it certainly didn’t result in hospital construction. The Terrace hospital site plan was completed in 2011. The construction on the site didn’t start until the NDP formed government.

Specifically on the issue of seniors, which the member raised. If you are a very low-income senior…. The member raised the issue of prescription drugs. If you have $26,000 a year or less in income as a senior, you used to have to pay a $750 deductible towards PharmaCare — medications you need. We eliminated that deductible so that seniors can keep all $26,000 of their income.

Recently — this is front of mind — I shared this with the member in the House. We made an announcement about the SAFER program. This assists seniors with rising rent costs. We increased the income limit for eligi­bility for SAFER from $33,000 annually to $37,240 annually so that more seniors would be eligible for rental assis­tance. We doubled the minimum benefit for seniors on the SAFER program. Rent ceilings are now being reviewed and amended annually.

Also, we’re launching a public awareness campaign to make sure that more seniors are aware of it. I encourage members who are aware of seniors struggling with rent to look into the program, especially seniors who may have thought that previously they didn’t qualify, given that we’ve changed those eligibility parameters.

Other supports for seniors. Over the past six years, government has deployed $4 billion in operating funding to expand and improve the quality of care for seniors in B.C., and $2 billion of that went into long-term care. We have an aging population that needs that long-term-care support, which includes supporting the workers who work in long-term care, as well as those seniors.

And $354 million in this budget over three years is to further strengthen home and community care services. If people can live at home with support, we want them to do that. This almost half a billion dollars will assist with the expansion of that home care that allows people to age with dignity. Separately, we signed an agreement with the federal government in February of 2024, a further $733 million over the next five years, also to expand home and community and long-term care across the province.

[6:05 p.m.]

Finally, we have prioritized renewing and expanding health authority long-term care facilities. We are doing so with major projects across the province.

We have expanded respite and adult day programs for seniors. Where someone in the family is struggling with dementia, for example, having those adult daycare programs can make a real difference — respite care for the families. We’ve also expanded health care assistance in long-term care, supporting seniors there with an additional $25 million in funding.

K. Falcon: You know, the Premier clearly struggles with this concept of results. Instead, he’ll read out a recitation — very slowly, I note — of every program that government has. But what the Premier misses is what the former independent seniors advocate said.

So just for the benefit of the viewing public, this is an individual whose entire job, independent from parliament here, is to look at the situation, all the government programs, including the ones the Premier recites, and say: what effect is that having on seniors? What results are sen­iors seeing?

As I said…. I quote from the independent seniors advocate — again, a result. Now, the Premier may not like the result, but this is what the independent former seniors advocate said: “Under this Premier, B.C. ranks as the absolute worst in the entire country for supporting seniors.” The absolute worst. Not like, “You’re doing really well, Premier, but with a couple of changes here and there, we could be doing better,” but actually said the absolute worst.

The Premier didn’t even touch on the massive salary increases that they’re handing out freely under his reckless-spending government, which is why we are, in part, facing the largest projected deficit in the history of the province of British Columbia. I want to remind the Premier why this matters. Half of seniors in this province make less than an employee working a full-time job at minimum wage, yet they face the same inflationary pressures as everyone else, caused in part by this government’s reckless spending.

As was pointed out by the Bank of Canada and by others, the combination of reckless spending at the federal level and at the provincial level here in British Columbia, especially, has driven inflationary pressures, which impacts seniors. So while I would agree with the former independent seniors advocate, who points out that this is the absolute worst in the entire country — worst government for supporting seniors — they had no problem taking care of NDP insiders.

Last year the Premier approved secret raises for his NDP political staff — up to 17 percent in five months for some of them. The pay for all these chiefs of staff that the NDP have now outstrips the salaries of members of the Legislative Assembly, over $122,000.

So my question to the Premier is a really straightforward one. This shouldn’t take a lot of huddling. Don’t need to answer it with a long recitation of government programs. Just a straightforward question to the Premier.

Why did the Premier approve raises of up to 17 percent for NDP political staff, surpassing the salaries of elected MLAs, while 50 percent of B.C. seniors earn below the minimum wage?

[6:10 p.m. - 6:15 p.m.]

Hon. D. Eby: The member again raises seniors. I confess to some surprise that he would raise the seniors advocate and his record with seniors.

In 2016, under the previous government, 90 percent of long-term-care homes failed to meet the government’s own minimum standards for hours of care per senior. That is somebody to help you take a bath, have some basic dignity. The standard was 3.36 hours per resident-day, and 90 percent of care homes were not meeting that standard. We have fixed that; 100 percent of long-term-care homes in our province meet that standard now.

The member will recall Bill 29, the largest firing in provincial history of public employees, 5,000 long-term-care workers, mostly women, mostly women of colour, replacing them with contracted workers. The long-term-care homes would flip those contracts. This was all pretty technical. Public, private, whatever — contract flipping I don’t understand.

What it meant for seniors was that they had different people looking after them all the time. They’d build a relationship with someone, and then that person would be replaced with somebody else. If you’re struggling with dementia, confusion, having strangers show up regularly in your room to provide care for you is a serious compromise to care in the province, which is why, understandably, when we reversed it, the opposition voted with us to reverse that heinous, heinous action that they took that impacted seniors and workers and denied so many people access to pensions and reasonable wages.

The member talks about out-of-control public spending. Keep that in mind. This is what he means — access to decent wages and pensions for people who look after our seniors, making sure that every senior in a long-term-care home in our province gets the minimum standard of care.

There were some individuals and political staff that did see pay increases for pay equity reasons and/or changes in responsibility.

It is equally true that we are moving to address key recommendations from the seniors advocate, starting in 2017 when we addressed that chronic and ongoing issue in our care homes, and in continuing on with addressing recommendations that she made in her recent report about expanding home care.

Well, that’s what we’ve done in this budget. Expanding respite care, that’s what we’ve done in this budget, and supporting seniors to live with dignity in our province.

Hon. Chair, I move the committee rise and seek leave to sit again.

Motion approved.

The committee rose at 6:20 p.m.

The House resumed; the Speaker in the chair.

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

Report and
Third Reading of Bills

BILL 27 — MUNICIPALITIES ENABLING
AND VALIDATING (No. 5)
AMENDMENT ACT, 2024

Bill 27, Municipalities Enabling and Validating (No. 5) Amendment Act, 2024, reported complete without amendment, read a third time and passed.

Motions Without Notice

AMENDMENT TO STANDING ORDERS
FOR THURSDAY SITTING HOURS

Hon. R. Kahlon: I seek leave to move a motion.

Leave granted.

The Speaker: Please proceed.

Hon. R. Kahlon: By leave, I move:

[That, notwithstanding Standing Order 2 (1), the House sit from 10 a.m. to 5.30 p.m. on Thursday, May 16, 2024.]

Motion approved.

Hon. R. Kahlon: I seek leave to move a motion.

Leave granted.

The Speaker: Please proceed.

TIME ALLOTMENT FOR
FAREWELL ADDRESSES BY RETIRING MLAs

Hon. R. Kahlon: By leave, I move:

[That, notwithstanding any provision of the Standing Orders or usual practices of the House, on Thursday, May 16, 2024:

1. The first 45 minutes of Orders of the Day be allotted for Members not seeking re-election in the Forty-third provincial general election to deliver a farewell address to the House, and responses.

2. Beginning at 1 p.m., 75 minutes be allotted for Members not seeking re-election in the Forty-third provincial general election to deliver a farewell address to the House, and responses.]

Motion approved.

Hon. R. Kahlon: In the main chamber, I call Committee of Supply for the Office of the Premier.

In Douglas Fir Committee Room, I call Committee of the Whole for Bill 26, Name Amendment Act.

The Speaker: The House will be in recess for five minutes.

The House recessed at 6:22 p.m.

Committee of Supply

ESTIMATES: OFFICE OF THE PREMIER

(continued)

The House in Committee of Supply (Section B); J. Tegart in the chair.

The committee met at 6:30 p.m.

The Chair: We’ll call the committee back to order. We are dealing with the estimates of the Premier’s office.

On Vote 11: Office of the Premier, $16,754,000 (continued).

K. Falcon: I want to continue this train of discussion because what we’re seeing here, and what I’m outlining for the public to understand, is that there has been a pay-raise-a-palooza, if you will, within government, particularly for NDP insiders and staffers, which is totally contrary to the reality that seniors are dealing with. I think it is very indicative of government and where they set their priorities that this is taking place.

The budget for political staff working inside ministers’ offices has increased by $12 million from 2017. That is an 85 percent increase from when we were in government. Political staffers, as I pointed out earlier, now make a maximum of $122,100, which is more than the base salary for MLAs that actually work in this very institution.

The April 1, 2023, pay raise was 6.75 percent, or $7,700 annually, with a number of the Premier’s staff receiving a combined 17.4 percent pay raise within five months. The Premier did not address that in his last answer. The pay hikes for those chiefs of staff to ministers were authorized by the Premier’s office, but the information was not even disclosed to the NDP caucus for months.

Another thing that’s concerning is that the salary bands, the amounts that you can pay these political staffers, have increased over 2017, the last year that B.C. United was in power, by 22 percent.

Worse than all this palooza of spending on their in­creases is the secrecy that is characteristic of this Pre­mier and, certainly, this government. As you know, the Canadian Association of Journalists has declared this the most secretive government in Canada.

The NDP made changes to limit the transparency of salaries for those political staff, because they removed the provision, in cabinet orders, what in government we call OICs, to include the salary of political staffers when they’re hired. They removed that provision. So they can hire somebody; you just won’t know what they’re paying them.

Political staffers all would have received another pay increase, just a month ago, on April 1. We’d love to know what that was. If it’s similar to the Premier’s office, it’ll be well above the rate of inflation, 5.1 percent in the Premier’s office alone.

My question to the Premier: why did the Premier in­crease and personally approve a 17.4 percent pay in­crease for chiefs of staff within just a five-month period, and will he immediately reverse his decision to limit transparency regarding the salaries of political staff, yes or no?

[6:35 p.m. - 6:40 p.m.]

Hon. D. Eby: I got some surprising news during the break. I want to say congratulations to Brad West. Not sure how that’s going to work. Is he going to email his questions to the member and then read them out to me?

Chief of staff salaries. The member mentioned a 23 percent increase. To be fair, the member said a lot of stuff that needs verification, and he wasn’t happy that it took us some time to confirm some of the things that he said. Important to note that that is consistent with inflation over the same period that the member identified. So wages are consistent when…. Pardon me. He said 17 percent. I misspoke. So 6 percent less than inflation.

Wages are actually lower for political staff than when he was in office, in terms of real dollars. And important to note that the band for chiefs of staff in Alberta is $124,000 to $136,000, which means that the lowest-paid chief of staff in Alberta is paid higher than all of the chiefs of staff in British Columbia. One of the challenges that we have, of course, like many employers, is recruiting and retaining staff.

K. Falcon: Again I’m going to ask this question, very short and succinct. At a time when nearly one third of our seniors earn less than $25,000 a year and are struggling to meet basic expenses, why did the Premier approve a 17.4 percent increase for chiefs of staff in his government — these are NDP appointees — within just five months?

[6:45 p.m.]

Hon. D. Eby: The member may not like the answer, but the wages of political staff are consistent with inflationary increases across Canada and in British Columbia, so they are not exceeding the rate of inflation and, in fact, are lower than political staff in Alberta. I did mention ear­lier that some individual staff did see increases to address equity issues — I’ll bsay it again — to ensure that people are receiving an appropriate wage.

One of the key pieces of work that we did to increase pay for people in the province, including seniors and predominantly women, was to increase minimum wage in our province, something that I know the Leader of the Opposition and the leader of the Conservative Party advocated against again and again. In fact, they created a special minimum wage that was even lower than minimum wage, called the training wage.

When we formed government, the minimum wage in the province was the lowest in Canada. On June 1, 2024, B.C.’s lowest-paid workers will get a pay raise when the general minimum wage increases from $16.75 to $17.40 an hour. That also is consistent with inflation, 3.9 percent.

It’s important that we recognize that people who are working at these low-paid jobs get the financial support that they need to be able to build a life in this province, something that was profoundly challenging under the previous government. One of the reasons that we were told why government didn’t increase the minimum wage and, in fact, why they decreased the minimum wage with the training wage, was that that would help to build and grow the economy. Well, our unemployment rate is the lowest among the provinces. Our minimum wage is the highest.

We added 23,100 jobs in the private sector just last month. Our GDP growth since 2017 is the highest in Canada among large provinces, at 16.9 percent. Beyond minimum wage, B.C. has had some of the fastest wage growth in Canada after years when wages stagnated under the previous government.

K. Falcon: I’m asking you to stop stalling and actually answer the question. Apparently, the Premier is of the view that an over 17 percent raise in five months is inflation. Well, I got news for the Premier. That’s well above inflation.

NDP math always fascinates me. But I have to point out that an 85 percent increase in their political appointment budget for staff salaries — that’s their political staff that work inside the ministers’ offices — has increased by 85 percent since 2017.

Again, why did the Premier approve…? The Premier personally approved this. Why did the Premier approve a 17.4 percent pay increase for chiefs of staff, who are poli­tical appointees, over a five-month period? Why did the Pre­mier do that?

Hon. D. Eby: The member, in his questions, keeps saying different things. I can assist him with basically the same answer, because that is what the situation is. Wages for political staff have increased consistent with inflation. Like all employers, we need to recruit and retain staff. It has not exceeded inflation.

The band for chiefs of staff, for example, in Alberta, where they also face issues of recruitment and retention, is far in excess of what staff get here. The band for chiefs of staff in Alberta is $124,000 to $136,000, which means that the lowest-paid chief of staff in Alberta is paid higher than all chiefs of staff in B.C.

I notice that the member didn’t address the minimum wage in his continual efforts to depress it and keep people living in poverty while they’re working. But I’m not surprised by that.

K. Falcon: Well, I’m going to keep trying because, again, there has been an 85 percent increase in the Premier’s office budget since 2017. The budget for political staff inside the ministers’ offices has increased by $12 million since 2017. That is an 85 percent increase. Okay?

[6:50 p.m.]

Now, perhaps I can put it in this perspective. I was in Kelowna speaking at a town hall, and Dennis, from Kelowna, said to me: “I’m at a loss, as a pensioner trying to find a place to live today. It’s next to ridiculous because of the prices, and they go up every year, from 2½ percent to 4½ percent. My wages don’t go up; my pension cheques don’t go up. So where do I find the extra money? I don’t know. I don’t get it. My income doesn’t move, yet I have to pay more every year.”

That’s Dennis, a senior in Kelowna, on March 28 of this year.

The Premier can talk about all these unrelated things, but I want to ask the Premier again: how does he justify providing a 17.4 percent pay increase for chiefs of staff, while pensioners like Dennis, from Kelowna, can’t afford the essentials?

Hon. D. Eby: The answer is the same. For Dennis, in Kelowna, I’m not sure how, in that town hall, the member explained his housing plan to Dennis and what his plan is for Dennis’s rents.

In his plan, he opposed us getting rid of the 2 percent additional rent increase that we got rid of. So Dennis’s rent would have gone up a minimum of 2 percent more each year than under our government. He opposes cancelling the speculation and vacancy tax so that people can buy homes and buy condos and leave them vacant, not pay any additional tax and not be required to rent those places out — increasing pressure on the rental housing market.

[6:55 p.m.]

He opposed the renters rebate. He opposed our work to rein in Airbnb and VRBO. He supports people buying up homes and condos to rent out as private hotels, gutting buildings and neighbourhoods, competing with people like Dennis for the housing they’re looking for. He opposes allowing people to turn their single-family homes into multiple units, so that people like Dennis have a shot at renting or maybe even buying one of those places.

I can only imagine the answer the member provided to Dennis, but I suspect he didn’t mention any of those things. It’s important for people to understand what the plan is of the B.C. Conservatives, whose positions are identical to the Leader of the Opposition — who wants desperately to join up with the B.C. Conservatives so that they can have the same positions, formally. They’re not on Dennis’s side; that’s for sure. Dennis’s life would be significantly more expensive.

Dennis is a low-income senior. He would be paying $750 on his PharmaCare. That’s a charge we got rid of. He’d be paying MSP. We got rid of that too. If his income is $30,000 or less, he used to pay taxes. Now he gets $2,400 back in his pocket. It is challenging for British Columbians right now. It’s challenging for people across North America and around the world, with rising global inflation and high interest rates, but our government is supporting people like Dennis.

K. Falcon: Well, the only leader in this entire building that has flipped their condo — making $150,000, days before the Speculation Tax came in — was this Premier. Ironically, he advertised the sale of that condo with an Airbnb concierge in the building. That’s that Premier’s record.

Quite frankly, his answer is totally disrespectful to Dennis, who represents so many other seniors that I’ve heard from that are struggling on fixed incomes. Yet at the same time, we’ve got a free-spending government on some kind of spending palooza that just believes in handing out massive, double-digit wage increases, totally undeserved, to political staff. I’m frankly offended by that. I think a lot of seniors are offended by that, when they’re having to make trade-offs between what they’re going to eat and whether they can get medication. This Premier wants to make light of that. I think it’s appalling.

If political pay raises — completely unjustified and far in excess of what seniors ever see — are not bad enough, now the Premier wants to send these same people on European junkets. Let’s talk about that, shall we? Last summer, the Premier personally approved a six-person NDP delegation to jet to Geneva, including an administrative assistant and a ministerial aide to a minister who wasn’t even present on the trip. No pre-trip announcement, no mention of B.C. anywhere on the agenda, no details on what was achieved during this Geneva jet-setting — nothing.

We do know that four of those six individuals stayed on in Switzerland for a lovely European holiday. Now this Geneva jet set trip was greenlit by the Premier himself. I actually looked at his signature on the travel authorization form. The full cost of that junket still has never been published, but we know that the Attorney General alone chalked up nearly $2,700 in per diems, at a rate of $360 a day.

Again, all this at the same time that we’ve got a third of our seniors earning less than $25,000 a year. Wild pay increases to political appointees, jet set tours off to Geneva — it’s so out of touch, it’s unbelievable.

My question: how out of touch is it for this Premier to approve a six-person delegation, and $360 a day just on meals for the Attorney General, while 84 percent of low-income seniors are running out of money for groceries?

[7:00 p.m.]

Hon. D. Eby: The member knows the allegations he’s making about my family’s condo that we sold are completely false.

The member mentions the leaders over here. It’s hard to keep track of who the leaders are over there these days.

Interjection.

Hon. D. Eby: It is. Who’s running that show over there?

All right, travel. The member raised the Attorney General’s mission to Geneva in 2023. This was work to profile the UN declaration on the rights of Indigenous peoples that was passed into domestic law here in British Columbia. It was an important trip to the UN Expert Mechanism on the Rights of Indigenous Peoples meeting.

A couple points. One was to profile the work that we’re doing here at the international level, which builds support for our efforts globally, but also to support other countries that are doing similar work and to learn about opportunities and ways to do things better here. It’s a key part of the work that we’re doing.

The member may recall…. He’s done a little bit of travel of his own as a cabinet minister, Minister of Transportation. I wonder if he remembers flying to Germany to throw a $200,000 party for the company that built B.C.’s ferries, even shipped in bison burgers and candied salmon. At the exact same time, ferry fares were going up as much as 25 percent. I’m glad the member remembers that. He spent a lot of money on international travel and events, while raising fees for people here in British Columbia.

The member talks about results for people, and we know we’ve got more work to do. But we’re seeing some encouraging signs out there. I’m hearing directly from people who are living in places that used to be short-term rentals. There are people living in buildings that were up for sale, that were going to be converted.

[7:05 p.m.]

The member recalls his time in government fondly. Of course, he went into the development industry and made a lot of money from the housing crisis that he created. We’re protecting these low-income rental buildings, low-cost rental buildings, in Langley, Coquitlam and Esquimalt with the rental protection fund. And 200,000-plus homes in the province left vacant by investors, like the Leader of the Opposition, are now being lived in, thanks to the speculation vacancy tax that he would get rid of.

Almost 8,000 units open and under construction in student housing at colleges and universities across the province, with thousands more to come. Our new program, BC Builds. Four projects already underway, eight parcels of public land put forward by municipalities, partnering them with homebuilders to get attainable middle-income housing built.

K. Falcon: I didn’t think the Premier would give me a softball like talking about ferries, but since he did, I’ll remind the Premier that those ferries were actually delivered ahead of schedule and on budget, unlike the fast ferries that the NDP government is most famous for, of course. Those were three vessels, none of which worked. The last I heard, I believe one of them is still left. They’re trying to sell it for scrap in Dubai.

That was the NDP’s wonderful contribution to the ferry system, which is kind of renowned, actually. It’s rare that government gets renowned for one decision, but that was one this government was certainly well, well renowned for.

Now, getting back to the European junket. The Premier says it was to profile a decision that the government had made. Well, I can assure the Premier that you can send emails, and you can profile that all you want. But what I’d like to know is: what specific roles did each of those six members in the NDP delegation to Geneva fulfil? Why was it necessary to have an administrative assistant and an aide for a minister who wasn’t even present?

[7:10 p.m.]

Hon. D. Eby: Thank you for the patience.

There were six people, altogether, who attended. There was the Attorney General; the chief of staff from her office; the chief of staff from the Ministry of Indigenous Relations and Reconciliation; Doug White, special counsel to the Premier on Indigenous relations; and two senior members of the public service that focused their work in this area. They were part of the Canadian delegation to the UN representative on the rights of Indigenous peoples to present on our work in relation to Indigenous people.

[7:15 p.m.]

It’s important work. The member mentioned that some did stay on after. All of that was covered by the individual people from their own personal resources, not from public dollars.

I know the member has a different perspective on the work that we’re doing with Indigenous people in the province. We place a very high value on it. We think it’s part of a core strategy around ensuring that our province is successful, going forward. We may agree to disagree about the emphasis placed on this, but as far as a place to share the work that we’re doing and ensure that there’s international understanding of what we’re doing here in B.C., which is cutting edge in so many remarkable ways, there is no better place than the UN rapporteur on Indigenous people to share that information.

The member gave himself a little pat on the back on ferries, I saw. I should say I heard. He didn’t actually pat his own back, just to be clear on the record. He talked about his trip to Germany for the $200,000 party with the candied salmon and the bison burgers. At the party, he took the time to insult the Canadian shipbuilding industry, saying “nothing like this could have been built in Canada.” In response to both his comments and the party that he hosted in Germany, a Times Colonist editorial described the party as “way over the top” and “a public relations boondoggle.”

As for the ferries themselves, there have been mechanical issues with the drive motors on all three of the Coastal class ferries he purchased. The problems stem from the types of engines in the ferries, which are not designed for use in narrow waterways such as Active Pass because they shake and damage nearby houses and docks. They have forced B.C. Ferries to turn the rotors off and on during each voyage, resulting in premature wear that now requires all three vessels to come out of service for rotor replacement.

These are the three ferries the member was celebrating. They were purchased from a German shipyard by him in September of 2004 when he was Minister of Transportation.

K. Falcon: Although it’s a slight sidetrack, I can’t resist. I love talking about ferries with the NDP.

The member is right; there was an event there. The member forgot to mention that B.C. Ferries also, very appropriately and kindly, invited the Chiefs from the Sḵwx̱wú7mesh, the xʷməθkʷəy̓əm, the səlilwətaɬ to be present there and help promote not just the ferries but also inviting the world to the Olympics in 2010.

The incredible coverage that was provided because of the attendance of those First Nation leaders was unbelievable. I was there myself and saw it as we canoed over with the Chiefs. You couldn’t imagine the thousands of people that had gathered to watch as we came over with the First Nation Chiefs, along with the federal government that was part of this. One of the best promotions I’ve ever seen for British Columbia, ever.

With respect to the ferries, I just can’t help but…. We are seeing some of the worst results we’ve ever seen. Again, back to my theme of results, not announcements, not the Premier reciting his own cheerleading notes that somehow, in their bubble, convinced them everything’s actually going amazing in British Columbia. It’s just the population hasn’t apparently figured that out yet. It’s great. Every­thing’s great. Ferries are fantastic.

Well, the terrible results are troublesome to me because they’ve got four new vice-presidents, including for public affairs and marketing. That’s important, because God knows if you need to get a positive story out about ferries, you need it now, with salaries of upwards of $519,334 and the creation of three new operating divisions that have only added layers of bureaucracy rather than actually getting solutions for the people that are facing serious affordability challenges, especially our seniors that we’ve been trying to talk about with this Premier.

I’ll try again. The seniors advocate — again, the independent officer who reports to the Legislature — in her 2022 report entitled B.C. Seniors: Falling Further Behind had a pretty straightforward recommendation.

[7:20 p.m.]

The seniors advocate, recognizing that so many seniors, like Dennis in Kelowna that I mentioned, who are struggling on fixed incomes, and the SAFER program, which our government brought in, the shelter allowance for elderly residents….

Isobel Mackenzie, the former independent officer of the Legislature, recommended in her report B.C. Seniors: Falling Further Behind to index seniors support under the SAFER program to inflation. Now, the Premier has had two budgets in which he had the opportunity to follow through on the recommendation of the seniors advocate. In the choices this Premier and this NDP government decided to make, they said no to seniors getting indexed but yes to the spending palooza on dramatic, huge double-digit increases to NDP political insider wages.

Even MLAs get a statutory CPI increase. On April 1, 2024, the increase was 3.9 percent for MLA pay, and that increased the Premier’s annual pay by $8,525. Ministers would have received $6,730 annually, and ministers of state just over $6,000 annually.

My question to the Premier: why did the Premier choose not to index seniors, who are struggling to just meet their food budgets? Why did the Premier choose not to follow through on the recommendation from the seniors advocate and index the SAFER allowance to inflation yet saw fit to increase his own salary by $710 a month on April 1?

[7:25 p.m.]

Hon. D. Eby: The member raised a number of points in his question. He described his $200,000 German party as the greatest public relations event for the province ever, in his recollection. The Times Colonist described it as “a public relations boondoggle.” A different perspective, I guess.

The member says he supports affordable ferries for British Columbians. I’m not sure why, then, he decided to vote against the $500 million that we sent to B.C. Ferries to keep fares low and affordable for businesses and people who live on the Island. But that was his decision, supported by the leader of the Conservative Party. It would have been double-digit fare increases for people.

The member is concerned now about B.C. Ferries executive salaries. Oh, if only he had been concerned when he was in government. And where would we go if he came back?

The CEO of B.C. Ferries earned over $1 million due to bonuses and salaries when he was in government. In that year, 2012, when he was Minister of Finance, B.C. Ferries lost $16 million, had a 21-year low in ridership and was considering cutting night sailings to save money. Again, maybe a difference in recollection, but certainly what we would see again if he was on this side of the House.

The member says he’s concerned about seniors on SAFER. I’m happy to go through, again, what we’ve done on the SAFER program. This is just a few weeks ago. We increased the income limit eligibility for SAFER from $33,000 to $37,240. We doubled the minimum benefit. We are reviewing, annually, rent ceilings to ensure and confirm the amount of rental assistance for applicants. One of the big challenges with SAFER is seniors who don’t know about it, so we’ve also increased resources so that seniors can be told about the program and they can benefit from it.

The member says he cares about low-income seniors. Then why didn’t he get rid of the deductible on PharmaCare, the $750 that people had to pay for their medications, like we did? Why didn’t he get rid of the MSP?

We had a senior call up in a panic. She hadn’t gotten her invoice for MSP, and she was worried that she would be found to be delinquent for not paying it. You can imagine how she felt to hear that we’d gotten rid of the MSP, the same medical tax that the member increased by 11 percent over his time and then voted against getting rid of.

The member has a certain memory of his time in government. The experience of British Columbians is quite different.

[7:30 p.m.]

K. Falcon: Well, I suggest that the Premier get out of his overstaffed Premier’s office once in a while and go talk to real people and see how they’re enjoying their ferry experience. With this reckless-spending government in place that doesn’t focus on results but just loves to….

As I said earlier, they’ve got a spending palooza going on in every part of government, which is, not surprisingly, why we face the largest ever projected deficit in the history of the province of British Columbia. Quite a remarkable achievement, one of the few in this government, but not the kind of achievement that the public will feel good about.

I do want to go back to what I was talking about. The seniors advocate was very clear, asking a pretty straightforward request of this NDP government. Could you please just index the SAFER program supports that seniors rely on to inflation?

The Premier’s response is: “Let’s put together a public information program.” Well, we’ve seen a lot of the NDP’s public information programs. They, generally, are talking about how great the government is. “Aren’t you lucky to be enjoying all these government programs?” What could really help the seniors, in a very tangible way, is just to provide that indexed inflationary increase.

[S. Chandra Herbert in the chair.]

By the way, for the benefit of the viewers out there, it is important to understand this 3.9 percent salary increase that the Premier voted for himself and his colleagues. The way that those get approved, just so the public knows, is through the Legislative Assembly Management Committee. This is a committee that’s dominated by NDP members but also has representatives from the Green Party, the Conservative Party of British Columbia and B.C. United.

On December 13, 2023, the B.C. United members were the only ones that actually voted against that 3.9 percent increase that the NDP insisted they wanted to push through, and they did. Interestingly, too, the Greens and the B.C. Conservatives also voted with them in supporting that 3.9 percent increase in salary, which for the Premier, as I pointed out, is a significant amount. It represents over $8,500 a year in additional wages.

The Premier, again, no problem giving out 17.4 percent increases to political staffers and NDP insiders. Certainly, no problem in giving himself and his cabinet and caucus a 3.9 percent annual increase in their wages. The only members of this House that voted against it, on LAMC, were actually the B.C. United members, recognizing the struggles that real people were having out there.

Again to the Premier, given that record…. I just want to understand why you felt it appropriate to use your government majority…

The Chair: Through the Chair.

K. Falcon: …along with the Greens and the B.C. Conservatives, through the Chair, to push through a wage increase for yourself of 3.9 percent, while at the same time saying no to the independent officer for seniors, who was asking you to index the seniors’ fixed SAFER program to inflation.

[7:35 p.m. - 7:40 p.m.]

Hon. D. Eby: The core premise of the member’s question is that we’re not keeping SAFER up with inflation. That’s not correct. In 2018 there was a 42 percent increase to SAFER. The member will recall that from the period 2017 to now, inflation is 23 percent. Even in that 2018 increase, we are well beyond the rate of inflation on SAFER. So seniors are better off now, under SAFER, than they were under the previous government.

Then again, the member will recall…. I walked him through a release that we issued just a few days ago about SAFER where we again doubled the minimum support available under the program, a 100 percent increase in the minimum support under the SAFER program. We are exceeding inflation.

The seniors advocate is saying: “Hey, tag it on to inflation like you did minimum wage so that these increases happen year over year.” And certainly, that’s something that we can look at. But for the member to suggest that seniors are behind inflation on SAFER is not correct. We do understand that there’s more to do in this area, including building more housing right across the province for seniors that’s affordable for them. We’re going to keep doing that work.

I walked the member through his decisions when he was in government about the $200,000 barbecue in Flensburg, Germany; $67 per person for that beer-and-burger barbecue where he insulted the Canadian shipbuilding industry. Then after his time admittedly but in the spirit of the same political party, Christy Clark…. Members will remember her as the advocate that the member dissolve his party and join up with the Conservative Party in the media right now, I guess based on his results.

Private jet visits all over the province. Here’s just one example: taxpayers billed $6,054 for a charter jet trip that included photo op, radio interview and fundraising dinner. These were the days, eh? At the fundraiser in Prince George, tickets were $900 for a table of ten, pretty reasonable. But a pair of seats at the Premier’s table were on sale for $25,000. And a separate ticket offered for $15,000 — taxpayers paying for a private jet to take the Premier to a fundraiser in Prince George. That’s how things used to run in this province under the previous government.

We’ll support seniors with better support through SAFER, through better support for PharmaCare, through getting rid of MSP, B.C. Hydro credits. We know seniors are struggling. All British Columbians are struggling. People around the world are struggling with high interest rates and global inflation. There is a government that has been consistent about providing that support for people in British Columbia, and we’re going to keep doing that work.

K. Falcon: Sticking on the subject of seniors, because we know how dire a situation seniors are facing in British Columbia. We also know that, as I’ve mentioned from the outset, I would be talking to the one issue that this government becomes very uncomfortable about, and that is the issue of results. Because what’s important for the public to know….

[7:45 p.m.]

At the end of the day, all of us in government have to be judged on what actual results and outcomes we get. You know, at the end of the day, you can only do so many spins and so many announcements and reannouncements. At some point, you have to own the results.

Well, this is a government that loves to brag about their housing announcements. Again, announcements, not results. But seniors…. This is tragic. I never thought I’d see this day, but 22 percent of the homeless people in Metro Vancouver are seniors. Just let that sink in.

I want to quote from the new seniors advocate, Dan Levitt, who has replaced the former seniors advocate that I’ve been quoting earlier. The current seniors advo­cate: “I’ve even heard a case where there was a senior who lost their driver’s licence. They were no longer able to drive, and they were in their 80s. And rather than get rid of their car, they kept it just in case they might need it as a place to live.”

Now, I know the Premier will probably stand up and recite a whole list of announcements, but the result that this NDP government has given seniors after seven years is that 22 percent of the homeless people in Metro Vancouver are actually seniors.

My question to the Premier: with seniors being forced to consider cars as potential homes, how does the Premier defend his own salary increases and the 17 percent raises given to NDP political staff?

[7:50 p.m.]

Hon. D. Eby: Support for seniors is an important thing. The member, again, doesn’t recall the decisions that he made when he was in government. And the leader of the Conservative Party, his partner, in going after seniors…. He maybe remembers removing free ferry travel for seniors. Maybe he’ll remember that it was our government that restored that free travel for seniors in our province.

Maybe he’ll remember that he only dedicated $36 million for home care annually. We significantly expanded that Better at Home program to $132 million to provide support for seniors so they can stay in their homes longer. I wonder if he’ll remember that he had the opportunity to increase the senior supplement, but his entire time in government, not one increase. In 2021, we doubled the supplement, the first increase since 1987.

[7:55 p.m.]

We reached 20,000 more seniors, now supporting over 80,000 seniors. Our B.C. bus pass program. Maybe he’ll remember their government cutting…. Oh, I’m sorry. The member is yawning. Maybe he’ll remember his government cutting the disability bus pass program and being forced to reinstate it. A remarkably cruel and callous act. The B.C. bus pass program helps 55,700 seniors receive a free annual pass. This is a fact, Member. Seniors who earn up to $150,000 pay the lowest personal income taxes in Canada right here in British Columbia.

Now, the member says the housing policies that we put in place that he would reverse don’t matter. Here’s a senior from Surrey: “Hello. I want to thank whoever it was who decided to allow zoning changes to single-family resi­dences. Finally, steps are being taken to address the B.C. housing crisis.” This is a policy that the member opposes.

Another email. “Hello Premier. I’ll just take a moment to say thank you for bringing in changes that open up housing for more B.C.’ers. I know you’ll get a lot of pushback on this, but it’s a really great idea, and I’m proud of you for taking a stand for what’s right.”

Another letter. “Thank you for taking the lack of housing seriously and taking steps to house everyone at affordable rates.”

There’s another policy the member opposes. I notice that the member for Kelowna was cc’d on this one: “Thank you for taking a strong stance to eliminate the use of short-term rentals by investors and speculators in B.C. We have a housing crisis in Canada. Please don’t let the vocal wealthy minority water down this legislation. We need strong changes to tackle the housing crisis, and this is one solution.” The member opposes that policy.

“Hi. You guys probably receive lots of emails about people complaining. This is a positive one. I wanted to send an email commending you for the fantastic changes you’re making to protect the rights of renters in this province. Changes in protections for renters are so awesome. Being a renter myself, I feel an immense sense of relief.”

Over 47,000 households in B.C. are living in homes that exist today because of the actions our government has taken. And it is important to note for all the seniors listening that these are actions that the Leader of the Opposition and the Leader of the Conservative Party have committed to reverse if they end up on the side of the House.

Now, how can you hope to make progress on the housing crisis if you’re not building housing? You’re opposing the ability of people to turn their single-family home into more than one unit. If you’re allowing people to buy up the homes that we have and convert them into short-term rentals, it is the same kind of catastrophic logic.

Let’s name the elephant in the room. The member, as Leader of the Opposition, has one job: to ensure the success of his political party. Well, where are we today? It is the exact same series of catastrophic decisions that he is bringing to bear on housing policy: reverse the speculation and vacancy tax, reverse the restrictions on Airbnb short-term rentals, not let people build more than one unit on a single-family lot. An astonishing lack of logic.

Well, it is at any wonder that under our government, we’re setting a record number of rental home registrations? We have 15 times more provincially funded or financed housing underway today than under the previous government. Purpose-built rental construction is up six times compared to a decade ago. We are facing a major housing challenge in this province. It is literally every policy to open up the housing that we have, to build more housing. That member over there opposes all of these measures again and again.

The flipping tax. Well, maybe we could shrink the amount of time so people could flip their homes.

Interjection.

The Chair: Member. Member. Member for Kamloops–​South Thompson.

Interjections.

The Chair: Would the Leader of the Official Opposition…? Member.

Members, we will come to order in this chamber.

Would the member for Kamloops–South Thompson please come to order.

Sorry, member for Kamloops–North Thompson. You were earlier.

Hon. D. Eby: This is the same logic that led the then Finance Minister, now Leader of the Opposition, to cut social housing investments by 75 percent as Finance Minister, from $233 million in 2011 to just $56 million in 2012. Where would we have been had that housing been built?

[8:00 p.m.]

But oh, he didn’t forget. Some people…. He gave a $42,000 HST tax break to people buying a second home in his 2012 budget. Wow, pretty good. Cut the affordable housing budget and give a $42,000 HST tax. You remember the HST tax? Anyone remember that one? This was the member’s….

Interjections.

The Chair: Members. You’re allowed to ask your question. The Premier’s allowed to respond in the way….

Interjections.

The Chair: Members. Members. I’d ask you to come to order. I’ve asked you before, and I’d ask you again. Please.

Hon. D. Eby: The member has consistently, consistently had catastrophic judgment when it comes to this place that’s left people outside. But he has done very well. Because he left his job here. He went into the development industry. And he did just fine. Well, this is a government that stands up for people. And we’re going to keep doing that.

K. Falcon: Apologies if, when the Premier’s speaking, we get sleepy over here. But we have to correct some of the facts here for the Premier.

I know it’s hard for the Premier to focus on results. It’s easier to list through speaking points and pat himself on the back for this great job that he’s doing, that has seen us end up, after seven years of this NDP government with, as I’ve said before, the most unaffordable housing in North America and the fact that 22 percent of the homeless people in Metro Vancouver are now seniors looking to have to live in their cars. Great outcome.

The Premier loves to go back about when I was in government 13 years ago. Well, okay. I’m happy to do that. I did work for a development company. The Premier’s correct. Built more housing in one company than his entire government did over the same period of time. One company.

The Premier’s answer to everything, of course: big government to the rescue. Big government’s going to get us out of this problem. Of course, they ignored it for the first six years they were there. All they did was add costs. Then they realized, to their horror: “Uh-oh. What have we done here?” We ended up with the highest housing prices in North America. Better do something about supply.

Well, no kidding. It might have been nice if the government opposite could understand the fundamental, simple economic equation of supply and demand. Maybe it’s his total lack of private sector experience. No doubt that would play part of it. Certainly the fact that he’s never built a house in his life.

But he is a flipper. I do want to point out, I reminded him earlier that he is the only leader in this parliament that actually flipped his condo just days before the speculation tax was brought in and made a $150,000 profit. A condo, which, by the way, was advertised as having an Airbnb concierge. Well, that was certainly helpful for the Premier. Not too helpful now that…. He’s taking care of his situation, but the rest of the province is certainly going to now pay a price.

Well, when I was back in the private sector in 2013, if he wants to take a trip down memory lane, townhomes in Surrey were selling for $350,000 to $375,000. Okay, well, that was actually quite affordable for a two-bedroom, two-bathroom, double-car garage in Surrey. Unfortunately, under this government, those same townhomes are now over a million dollars. That’s their record. That’s their outcome.

Now, sadly, I have to get into more really bad results, because they’re not going to answer questions on the fact that their housing policies have been a total face plant from a results point of view. I don’t need to hear more recitation of announcements that never actually result in housing. So let’s talk about seniors and what they’re facing in terms of crime because here we have, again, more really bad results.

The Premier has overseen a shocking 82 percent increase in violent offences against seniors. So not only have we seen reports of violence against older individuals exploding, but there’s been a dramatic drop in the rate of charges being laid. So at the same time as seniors are being violently assaulted under this soft-on-crime Premier, who famously wrote the book, How to Sue the Police — great contribution to the policing effort In British Columbia — we have seen the dramatic dropping of rate of charges being laid.

[8:05 p.m.]

Let me actually clarify that for the Premier. Under this Premier, the percentage of reported offences leading to charges have nearly been cut in half, from 44 percent when this apparently terrible B.C. United government was in power to just 24 percent in 2022 under that Premier, who, I remind everyone, was Attorney General for 5½ years and oversaw the catch-and-release system that we’ve got happening in British Columbia now, of which every community has seen the terrible negative results.

My question to the Premier: with violent offences against seniors increasing by 82 percent and charges for these offences dropping from 44 percent to 24 percent under the NDP, when is the Premier going to end his catch-and-release justice system and protect our most vulnerable citizens, our seniors?

Hon. D. Eby: There’s no question. Every senior, every person in our province has the right to be safe in their community. Every worker has the right to be safe at work. It’s a priority of our government. People can see the work that we’re doing to address some of the serious issues we’ve seen here in British Columbia, which are far from limited to British Columbia. But we’re showing some good progress on some of these challenges around public safety.

The member will recall that serious concerns were raised about random stranger attacks in Vancouver. We implemented a program that identified, specifically, repeat violent offenders, where police, Crown, prosecutors and probation officers work together to track people through the system so that when they are arrested, all the information is in front of the court. If they’re released, everybody is aware, and they’re able to be prioritized for police attention. This is a program that’s in place across the province now. There are almost 400 people that are being monitored in the program.

[8:10 p.m.]

The reason for this program is that there are a small number of people that have the capacity to cause a huge amount of chaos. I’ll give you just two examples.

There’s an individual in Surrey who used to generate over 100 calls a month to the police — 100 calls a month. Through the ReVOII program, he has access to a support person now who’s helping him keep his life on the right track, and in four months, after being in the program, he generated zero calls to police.

In Prince George, there was a man who was in a cycle of being released, back in custody, released, back in custody, released, back in custody — serving his sentences and then back into the community. When he was in prison, he’d get the medication he needed to treat his mental health issues, but as soon as he was released, he wouldn’t go to the local pharmacy. He believed he couldn’t because of a previous arrest and a no-go order.

He believed that if he went there to try to get his medication, he’d be rearrested, so he’d decompensate in the community, then cause another occasionally violent incident in the community and be rearrested. Through this program, he now has the help he needs to stay on his medication and not cause those disruptions in the community.

I mentioned Vancouver. The random stranger attacks that were causing a lot of alarm, and justifiably so, have decreased by 75 percent between 2021 and 2023. Car thefts are down by 18 percent in the same period.

We’re going to keep doing this work. It does require police to do this work. I don’t know why the members are unhappy that the crime numbers are going down, why they’re upset that this program is supporting people and getting access to medications so they don’t cause chaos in our communities. A 75 percent decrease between 2021 and 2023. Car thefts are down by 18 percent.

Now, we know we have….

Interjections.

The Chair: Members, can we have some order, please?

Hon. D. Eby: The members dispute the Vancouver police department data. That’s okay. It’s their numbers. All I’m doing is reading them out to the members.

In order to do this work, we need police. That’s why we have dedicated $200 million to hire — we’re getting close to the end of the day, aren’t we, hon. Chair — to ensure that communities across the province are able to fully staff with RCMP officers, something that the previous government could have done. But, of course, they didn’t do that. That violent offender program used to exist in the province, but the Leader of the Opposition and the leader of the Conservative Party, they got together and then cut that program.

I wonder if the member ever reflects on the $360 million in cuts that he made to mental health services in this province as Health Minister. Mental health services right across the province, especially after-hours ones, were lost or scaled down. The Coast Mental Health service called the reduction staggering and incomprehensible. I wonder if he wonders where those people ended up.

Those youth in care who aged out of care with zero supports — I wonder if he wonders where they ended up. I suspect I know: in and out of our jails in this province. That’s why we support youth in care now, to make sure that they get access to education and to build a life in this province. That’s why we changed those policies that their government had. Because prevention, preventing that crime in the first place rather than just responding to it, is certainly just as important.

K. Falcon: Certainly, those are pretty empty words for seniors that have seen an 82 percent increase in violent offences against seniors. Again, it’s the empty words that we always hear.

The Premier goes on about how people have a right to feel safe. Well, the fact of the matter is, they don’t feel safe. They’re not safe. That’s actually called a result, a really bad one — another one — when you’ve got an 82 percent increase in violent assaults against seniors.

I can tell you, it’s pretty tough for the public to listen to the Premier celebrate just what a great job they’re doing, apparently, on fighting crime, when they’re busy dodging bullets in Vancouver and Kamloops. That’s how people feel nowadays under this soft-on-crime, catch-and-release Premier.

[8:15 p.m.]

I’ll come back to this, but I want to talk again about affordability, because I have a suspicion that this government’s up to no good when it comes to app-based delivery services.

Now, we know the government made a splashy gig work announcement last November, but it’s been eerily quiet ever since. That always makes me nervous with this government. I’m always wondering what they’re up to.

Interjection.

K. Falcon: Oh, trust me. It’s the reason I’m nervous. If what’s happening in some of these left-wing U.S. jurisdictions is any indication of what might be going on behind the closed doors of the Ministry of Labour, British Columbians better hold onto their wallets.

In Seattle, a lot of progressives like these folks…. Consumers are now facing $122 charges for food delivery, $26 for go-to coffees — I found that one interesting; I can’t imagine ordering coffee on a go-to basis, but whatever, some people do — because of policy decisions that are being made by some of these progressives that are very much aligned with this left-wing NDP government. At the same time, restaurant demand and courier earnings have dropped by 30 percent.

In Minneapolis, new rates mean that tens of thousands of residents won’t be able to afford ride-share. Up to 8,000 drivers are apparently going to lose their ride-share jobs because of bad policy decisions by these fellow travellers of the NDP.

So my question is…. I want a clear answer on this from the Premier. In the midst of an affordability crisis in this province, how much more is this government going to make British Columbians pay for their DoorDash, Uber and Lyft?

Interjections.

The Chair: If members want to have a debate or discussion, they can do that outside of this chamber.

Hon. D. Eby: The economy increasingly, globally, is leveraging so-called gig workers. These are people who do piecework through either apps or online, and often with no labour protections, often below minimum wage standards.

[8:20 p.m.]

In B.C. and for our government…. We believe that gig workers deserve to be treated fairly. If they are injured at work, they deserve to be protected by WorkSafeBC. If they get a tip, they deserve to know how much it is and then get to keep it. If they get suspended or terminated, they deserve to know for what reason. They want transparency on what they’re getting paid and the destinations they’re getting sent to.

Happily, this is something that people across the prov­ince support. And of course. Certainly, my impression, from the work that the Minister of Labour has been doing to bring some of these companies along…. They support these principles too.

We’re doing our best to work with the sector to make sure that we’re not putting unnecessary burdens in place that don’t provide benefits. But we do have standards, which we expect to be met for all workers in British Columbia, around safety, around compensation, around fairness.

I am not surprised that the member is siding with the big Silicon Valley billionaire companies burning through venture capital over the workers of British Columbia. This has been his orientation again and again. Here’s your choice: between somebody looking for a home and somebody buying a home as an investment. “Who am I going to choose?” Again and again, the Leader of the Opposition and the leader of the Conservative Party choose the investor, the speculator, the app company over the worker.

You can see it in the decisions they made before. Here is the minimum-wage record in British Columbia: 2001, $8; 2002, no increase; 2003, no increase; 2004, no increase; 2005, no increase; 2006, no increase; 2007, no increase; 2008, no increase; 2009, no increase; 2010, no increase. Just in time for the Olympics.

Every single time the member and the leader of the Conservative Party have a chance to make a choice, they do not choose people in British Columbia. They choose, at the time, their major campaign donors, those big companies that are trying to get them together in an arranged marriage.

The good news is that there’s a different government. We’re supporting workers, including the most vulnerable gig workers, often new British Columbians, making sure that they have enough money to be able to cover the costs of doing the work itself and then, if they get injured, that they are looked after.

If the member wants to get a cheap coffee on the back of workers in British Columbia, then he better get working on getting himself elected so they can cut worker supports. He can order cheap coffee and have someone else subsidize it. That’s not our government’s priority.

The Chair: Leader of the Official Opposition.

K. Falcon: Thank you, Mr. Chair, through to the….

Interjections.

K. Falcon: Okay, children.

The concern we have is…. We choose consumers. We are asking a very straightforward question to the Premier.

We know that the agreements that, at least, are publicly…. We don’t have any particular problem with…. Drivers and couriers will make 120 percent minimum wage for trips and deliveries and get WorkSafe coverage. Okay. No big argument from us on that point.

The concern is: what else? What other regulations are being included? What impact will that have on the cost for consumers? What impact will that have for that consumer? Many are low-income folks who rely on these food delivery services and, I think, have a right — so do the drivers, who are concerned about the impact it’s going to have on their employment prospects — to understand how much more it is going to cost them.

[8:25 p.m.]

Hon. D. Eby: For our government…. We’re finding a path forward, where we’re doing a couple of things. There are lots of issues where we’re trying to find this balance.

One is making sure that workers are protected and safe at work. They earn a decent wage. They’re not finishing their shift further in the hole than they started it.

The other is affordability for consumers and support for restaurants. It was our government that put the restrictions in on these delivery businesses during the pandemic to make sure that restaurants were supported and that they weren’t having to give away huge chunks of their proceeds to these companies. We stood with those small businesses and recognized that those companies were providing a very valuable service that British Columbians appreciated.

We’re doing the same thing right now. We’re working with the companies. I think there’s a high level of alignment. The Minister of Labour will work on it. We can do these things. We can achieve these goals of ensuring that the service is available to British Columbians, that the workers are protected and that the workers are not subsidizing big multinational companies with their labour and, instead, are fairly recognized. That’s the approach that we’ll take.

Again, the member says: “Oh, we’re okay with this. We’re not okay with that.” The member’s record speaks for itself. He never…. He had so many chances to support workers who were struggling, working at minimum wage year after year after year after year after year after year after year with no increase. In fact, their government introduced a training wage that was actually less than the minimum wage.

I guess he would have us believe, if he was on this side of the House, that he would be worried about gig workers and their working conditions and their payment. I don’t believe it. He never was, and he wouldn’t be if he got elected now to govern.

British Columbians want people to be safe at work. They want them to be properly paid. They don’t want their deliveries to be delivered in a way that exploits people in this province.

It doesn’t have to be that way. That’s why the Minister of Labour passed the law. That’s why he’s engaging in the work right now, with the companies, to make sure that workers are protected and consumers are protected. We’re finding that balance.

K. Falcon: The concern we have, of course, is…. The track record of this NDP government always involves new taxes, increased taxes, increased costs.

They’ve already introduced or raised 32 new and increased taxes since they’ve been in power in the brief seven years, pulling in an extra $22 billion in annual revenues. All of which are being spent recklessly and still giving us the largest deficit ever, in provincial history, to get the worst outcomes we’ve ever seen. It’s rather remarkable. So understandably, people are concerned about what they’re up to here.

We don’t have any argument with the 120 percent of minimum wage or the fact that there’s going to be coverage provided by WorkSafeBC. No concern at all.

What we’re concerned about, Premier, is there’s a lot of discussions that are happening in the Ministry of Labour that are not being shared — not surprisingly, not transparently — with the people that are going to be impacted.

These are exactly the same talking points we heard from some of their fellow travellers in Seattle, New York and Minneapolis. In reality, the gig workers there, after their changes, are making less money or even losing their ability to make money altogether.

[8:30 p.m.]

Struggling restaurants are being hit hard, losing much-needed orders.

At a time when people are already struggling with the highest inflation in the country right here, in part because of this Premier and this NDP government’s reckless spending to achieve the worst results we’ve ever seen, you can understand why they are concerned if the Minister of Labour is working in the back rooms, coming up with additional regulations beyond the two which we’ve said we support — the 120 percent of minimum wage and making sure that they have coverage under WorkSafeBC. I think those British Columbians deserve an answer to a pretty straightforward question.

The Premier just this…. I’ll make it easy. Will the Premier commit today that British Columbians will not see any further fee increases on ride-share or delivery? Simple one.

Hon. D. Eby: The member knows these companies, unless we pass legislation to cap fees from the companies, which we did do during the pandemic, set their own fees. So the member wants me to guarantee something that legally is not possible in British Columbia — that we’ll set the fees for these companies. That’s not the case. We’re not currently able to do that. I haven’t seen his private member’s bill on that. I think he knows it’s a silly question.

What’s not silly is affordability for restaurants, consumers and support for workers. This is another one of those scenarios where we do hear the opposition from time to time. They think up an issue that doesn’t exist, and they say: “Oh, this is definitely going to happen.” Then it doesn’t happen, and life just goes on.

I’ll give you a couple examples. The cruise ship industry, we had question period after question period. The NDP government is going to destroy the cruise ship industry. People aren’t going to stop in British Columbia in the cruise ships. It’s going to go off a cliff. They’re all going to go to Alaska. They’re going to drive right past us. You know what? We set a record for cruise ship stops last year, and we’re on track to set a record this year.

[8:35 p.m.]

Another alarmist rhetoric: CleanBC. CleanBC is going to kill the provincial economy. CleanBC — they still believe it. They still believe it in the face of every piece of economic data. You would expect, if it were killing the economy, that we would not have the best GDP growth in Canada from 2017. But in fact, we do have the best GDP growth since 2017. You would expect that we wouldn’t be leading Canada in job creation. But in fact, we are leading Canada in job creation — 23,100 jobs last month alone in the private sector. You would expect that our unemployment rate would not be one of the lowest in Canada. But in fact, our unemployment rate is the lowest in Canada.

The members do this. Now here we have the member again saying: “Oh my gosh, you’re going to protect the workers. There’s going to be $26 coffee in British Columbia.” Well, we can protect workers. We can have a high minimum wage and a low unemployment rate. We’ve proven it, because that’s what we have right now: the highest minimum wage in Canada and the lowest unemployment rate.

We can support workers, and we can support restaurants, and people can enjoy the convenience of these delivery services, which I certainly do. But I want — British Columbians want — the workers who deliver these goods to them to be properly treated, to not finish a shift further in the hole than they were when they started the shift.

That’s a goal we have here, and I hope it’s a goal that every member of this House would support. But unfortunately, the record of the Conservative Party and the Leader of the Opposition is that they are quite indifferent to those workers.

K. Falcon: Well, let’s just check and see if that’s true. I actually quite like my record of predictions. It’s very easy with this government, of course, especially when you’re predicting how they’re going to do on budget outcomes.

Let’s start with…. I don’t know. Let’s start with FIFA. When they announced it was going to be $250, I predicted…. You can go look. I did a video for you, Premier, just to make it easy, saying: “Actually, it will end up costing more than double. That’s my prediction.”

And what happened? Oh, they quietly released on Friday…. What are the new, updated numbers from the FIFA budget that taxpayers are going to have to pay? More than double. I’m pretty happy with that prediction. That went pretty well.

What about short-term rentals? I warned them. I said: “Okay. I know it’s hard, but you people don’t know what you’re doing, and there are going to be unintended consequences.” I will just give you an example.

Interjection.

K. Falcon: Okay, you didn’t like me calling you “people.” Okay.

The left. The left didn’t understand the unintended consequences of the decision they were making. I pointed out that just in the Parksville-Qualicum area, there are going to be dramatic negative impacts. They’re going to have to fix it. I predicted that. It’s on the news. You can see it. You can see the quote. And what happened? Oh by gosh, they had to come up and make amendments and changes, not even months after they introduced the bill.

I also warned them that when they have major events that come to the city, whether it’s FIFA or Taylor Swift, guess what’s going to happen? When there’s a limited number of hotel rooms and you’ve got a big supply of people coming…. Because they don’t understand fundamental supply and demand. I’ve tried to educate the Premier and the NDP on this, but they never get it. They don’t get it in housing. They don’t get it in gas prices. They don’t get it in short-term rentals.

What’s going to happen? Well, we’ve got a couple from Florida that found out that to stay a night at the Days Inn was over $2,000 a night. That’s what we get from these folks. When folks are coming from the north to get medical treatment in Vancouver, they’re going to discover that they’re going to be paying over $1,000 a night this summer. You watch what happens. I predicted it. You’ll see it happen. Then they will be jumping around and trying to point fingers and trying to pretend it wasn’t them. Well, that was another one that we called correctly.

How about Bill 12? We warned them about Bill 12. We said: “This is a disaster.” You’re bringing in something that exposes and expands the liability cost, and the impact will be massive across every business that tries to do business in the province of British Columbia. What did they do? That’s something that gets withdrawn the day after the Attorney General stood up and said there were going to be no changes made to that bill. Well, there’s another one.

I could keep going. CleanBC. Well, I love CleanBC. I call it kill B.C., of course, because that’s exactly what it’ll do. But CleanBC. This, again, not me. This is their own economic analysis. They actually paid a company and said: “Tell us what these wonderful plans we have are going to do to the province.” So they did. They said it would shrink the GDP by 10 percent, cost over 200,000 jobs and massively, massively impact any future investment in the province of British Columbia.

[8:40 p.m.]

Well, we called that one. I think that’s a pretty good record, but I do want to get back to the issue of seniors and crime, because of course, the Premier didn’t answer the question about what the impact…

Interjections.

The Chair: Members. Members.

K. Falcon: …is going to be on British Columbians when they try to order food. I can’t wait to see the rest of the regulations.

Back to the crime issue. Now, just to correct the record…. I know the Premier likes to talk about the pilot project that we brought in, called the prolific offender management program, that ran for two years and informed the best practices to be utilized in the justice system.

Now, this Premier likes to go after us on that successful pilot program, trying to imply that we cancelled it — cancelled. But I want to remind the Premier what he said about that when he was head of the B.C. Civil Liberties Association. So between writing his book How to Sue the Police, he had an interesting comment on the prolific offender management program. He said, on October 25, 2011, in the Vancouver Sun: “We have serious concerns with the results of this program and are continuing to investigate the aggressive policing tactics.”

Well, that’s consistent with the sue-the-police mentality, always blaming the cops and the police. But the fact of the matter is seniors are still seeing a dramatic increase in crime — 82 percent increase in violent offences against seniors.

I want to share a story for the Premier. A 70-year-old victim was waiting for the SkyTrain at the Granville Station when he heard yelling behind him. Now, the senior, being a senior…. Unfortunately, over the last seven years, there’s lots of yelling and chaos and social disorder happening, so it’s easy for people to get used to people just yelling and screaming. But the senior stood there, and a stranger grabbed him from behind and violently pushed him.

According to police: “The force of the push caused the victim to hit the train head-first and fall to the ground.” After this horrific assault, the 70-year-old man was taken to the hospital with head and facial injuries which required surgery.

Now, the prolific offender, coming back to this Premier’s catch-and-release program, was a gentleman named Tyler Meetoos, who was arrested and then promptly released back into the community. Meetoos was already facing charges related to possessing a weapon for a dangerous purpose. He had already been released from custody three times before this latest attack.

So a question for the Premier: why was Tyler Meetoos, a known offender, released multiple times before committing yet another violent crime against a defenceless senior?

Hon. D. Eby: The member has a checkered record of accuracy during these estimates. But I’ll agree with him on this: one attack against a senior is too many. And this horrific attack on this individual is beyond awful.

[8:45 p.m.]

I’ll get the details for the member, I’ll be better prepared to advise him to the best that I can on the specifics the next time we’re here, as I understand we’re going to seek leave to sit again.

I don’t take any comfort from the fact that violent stranger attacks are down 75 percent in Vancouver. That means people are still facing attacks, and we won’t rest until people are safe in the city to the best of our ability. It’s why we went to Ottawa, with Ontario, and pressured the federal government to fix the bail rules to make sure that violent repeat offenders wait for their trials behind bars.

It’s why we established the repeat offender program — the member can explain all he wants, but he cut the program — that tracks individuals that are causing an outsized amount of chaos, ensures that when they’re in front of the court, the full information is there and, importantly, recognizes that for a lot of these individuals, mental health is a key driver. If we can intervene, we can get them out of that cycle of committing an offence and back into jail, committing an offence and back into jail, and help them build a more productive life in our community, which is an important goal, I think.

Now, the member listed a whole pile of things that he felt he was right about. FIFA — he said the costs were higher. He’s right. Costs were higher than we originally projected. There are a number of reasons for that, including the celebration that we’re adding additional games in British Columbia, which is great news for soccer fans. And the renovations we’re doing at B.C. Place are being scoped to ensure that it can be used afterwards to expand convention space, which we’ve seen a huge demand for under our government.

The member says he was right about short-term rentals. Well, the member says that he has a better vision for short-term rentals, which is that people should be able to buy up strata buildings and buy up homes in neighbourhoods and rent them out as hotel rooms. He opposes our short-term….

Interjection.

Hon. D. Eby: I can tell the member is sensitive about it because he starts heckling as soon as I mention this. He is very clear about his intention, which is that people looking for homes will be competing with those looking to buy places to use as short-term rentals.

If we hadn’t put those provisions in place, we wouldn’t be where we are now with 1,400 hotel rooms under development in Vancouver alone. Those 1,400 hotel rooms are where tourists should be staying, not in residential strata buildings in units that used to be a place for people to live but are now an unaccountable hotel room.

The member says he was right about public harms. Well, he’s right that he opposed that bill. And the commitment that I made to Carson Cleland’s family was that we would take every measure possible to hold these huge, multinational social media companies to account for their lack of accountability in terms of the online platforms they operate, where children gather — the lack of safety for kids like Carson.

We would not be where we are today at a table with the biggest Internet companies in the world, the biggest app companies, announcing things like expedited intimate image takedowns for British Columbians. No other province has that. Why do we have it? Because of Bill 12. The member opposed it. We wouldn’t have it if he was sitting on this side of the House.

The member talks about taxes. Here are the taxes that the member opposes. The new flipping tax to discourage speculators from driving up prices. The tax increase on big companies in the top 2 percent of income earners. He wants to cut their taxes. A luxury car tax. He wants to cut the luxury car tax. Tax on vaping products to discourage youth from vaping. The tobacco tax to fight smoking.

Here’s the situation for families in British Columbia when it comes to taxes compared to when he was in government….

The Chair: Noting the hour, Premier.

Hon. D. Eby: Thank you, hon. Chair.

A 38 percent net reduction for families with incomes of $100,000. A 56 percent net reduction for families with incomes of $80,000. A 98 percent net reduction for families earning $60,000. And for those $30,000 or less, who used to pay taxes, well, now they’re getting $2,420 back in their pocket.

Thank you, hon. Chair, for your patience with that.

I move the committee rise, report progress and seek leave to sit again.

Motion approved.

The committee rose at 8:50 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 26 — NAME AMENDMENT ACT (No. 2), 2024

Bill 26, Name Amendment Act (No. 2), 2024, reported complete without amendment.

The Speaker: When shall the bill be read a third time?

Hon. R. Kahlon: Now, hon. Speaker.

Bill 26, Name Amendment Act (No. 2), 2024, read a third time and passed.

BILL 21 — LEGAL PROFESSIONS ACT

Bill 21, Legal Professions Act, reported complete with amendments.

The Speaker: When shall the bill be read a third time?

Hon. R. Kahlon: Now, hon. Speaker.

The Speaker: The question is third reading.

Division has been called.

[8:55 p.m. - 9:00 p.m.]

Bill 21, Legal Professions Act, read a third time and passed on the following division:

YEAS — 49

Chandra Herbert

Parmar

A. Singh

Babchuk

Lore

Chow

Beare

Kang

Ma

Heyman

Osborne

Cullen

Bains

Malcolmson

Bailey

Mercier

Brar

Russell

Routledge

Starchuk

Rice

Phillip

Yao

Leonard

R. Singh

Whiteside

Farnworth

Kahlon

Eby

Conroy

Sharma

Dix

Popham

Fleming

Rankin

Alexis

Sims

Simons

Elmore

Glumac

Routley

D’Eith

Greene

Anderson

Chant

Sandhu

Dykeman

Begg

 

Walker

 

NAYS — 21

Milobar

Stone

Falcon

Bond

Halford

Oakes

Paton

Davies

Morris

Kyllo

Shypitka

Sturko

Merrifield

Wat

Lee

Kirkpatrick

Stewart

Ashton

Sturdy

Letnick

Tegart

R. Kahlon moved adjournment of the House.

Motion approved.

The Speaker: This House stands adjourned until 10 a.m. tomorrow.

The House adjourned at 9:04 p.m.


PROCEEDINGS IN THE
DOUGLAS FIR ROOM

Committee of the Whole House

BILL 27 — MUNICIPALITIES ENABLING
AND VALIDATING (No. 5)
AMENDMENT ACT, 2024

The House in Committee of the Whole (Section A) on Bill 27; S. Chant in the chair.

The committee met at 3:40 p.m.

The Chair: Good afternoon, Members. I call Committee of the Whole on Bill 27, Municipalities Enabling and Validating (No. 5) Amendment Act, 2024.

On clause 1.

Hon. R. Kahlon: I want to just make a couple of opening comments, if I can.

First off, we have Wendy Pedersen and the SRO Collaborative in the House, as they say. They’re in the building. There are people with lived experience who live in SROs in the Downtown Eastside and who will be in the room today, witnessing our discussion and our deliberations.

They’ll be coming in, 15 inside, 15 outside, and then they’ll be rotating, just to keep efficiency. I think it’s pretty awesome that the collaborative decided to bring people that are living in SROs here to hear about an important decision that is being made about their community and that is impacting them. I want to start by welcoming them.

I wanted to make a couple of comments around comments that were made by various members in the second reading debate. Although my critic and I disagree on many things, I think we agree on something which is fundamental: everyone should have the ability to live in a home that has all the necessities in it. I think I heard that in the debate. I tried to filter out all the negative comments towards me, but I know the member’s heart is pure when it comes to this topic that we’re both passionate about.

For the record, I’ll say that the member made comments around the challenges of vacancy control when it’s done on a wholesale level. I want to say that we certainly listened to our 2018 Rental Housing Task Force report, which had members from the NDP as well as the Green Party on it. They heard from stakeholders talking about how this would discourage a certain type of housing if it were done for purpose-built rentals or across society. At a time when we need to dramatically increase housing, that would be, certainly, a challenge.

That said, we are moving away from SROs. We are not trying to encourage any more SROs. So this situation of vacancy control for SROs in this target area is unique and different than an initiative that perhaps would be considered by someone provincewide. I wanted to put it on the record that I understand the impact it might have if this kind of policy were done broadly in a time when we don’t have enough housing available. That’s what the 2018 Rental Housing Task Force made clear. That’s one important thing.

There were lots of discussions about renovations and protecting vulnerable people. The leader of the Green Party made a couple comments that I want to, perhaps…. I wouldn’t say “correct,” because I wouldn’t dare correct the leader of the Green Party. I’ll just say that I disagreed with some premises of her comments. We have taken steps, such as putting in protections from renovictions.

I shared with the House Leader of the Green Party the fact that we had, I believe, 35 applications for people renovating their properties and wanting to evict people because of that. Only nine happened in British Columbia, because of the changes we made requiring a pre-approval process to happen, for an application from a landlord to be made before the process happens. I think that’s an important stat. Of course, the member knows that we’ve taken steps when it comes to protecting people around wrongful evictions and, in particular, addressing the personal-use piece.

There have been a lot of things put in place to protect vulnerable people, and I think that was not reflected in the comments of the leader of the Green Party. I’ll go into what we’ve done on the Downtown Eastside, as far as housing goes.

[3:45 p.m.]

There were comments also made by the Green Party leader around the importance of expanding tiny homes, like the ones in her community. Now, I think it’s important to note that we funded those projects. We have done that now in Kelowna, in Campbell River and in Victoria. We are expanding that type of housing for vulnerable people and communities.

With that, I know that time is limited, and I’m happy to take any questions.

K. Kirkpatrick: If the minister and the Chair will indulge, I can have some opening comments, I guess we’ll call them, which I don’t normally do on a bill, but this is probably my last time I’m going to stand and speak.

This is something that is important to me. The minister and I do agree on many things. Fundamentally, we need to make sure that people are safely housed. We might have different pathways to get there, but I think, ultimately, we want to land in the same place.

I want to say something I haven’t said in this House before. I don’t know if Wendy is here, but to the folks who are down here from the SRO advocacy group, I’d just like to welcome you here. I’m very pleased that you have an opportunity to come in and to hear democracy at its best. Well, I don’t know if it’s best or it’s worst sometimes, but at least you see it.

I’ll try and be as succinct as I can. I would like to say that we’re going to have questions today as opposition members — some of the questions, I think, you’ll appreciate, and some of the questions you might not appreciate — but I just want to clarify: we’re here to support you as opposition, but it’s also our job to ask questions that may, from the outside, sound like difficult questions. You may wonder why those questions are being asked. It’s part of the process that we go through here. I just wanted to set the table for that.

I also would just like to say to the minister and, really, to the House…. When I first moved here to Vancouver, I came on a Greyhound bus. The reason I chose to come to Vancouver was because the bus fare was too expensive to get to Toronto. I ended up getting off the bus downtown, and my first place that I lived in downtown was at the corner of Hastings and Carroll. I lived there for almost two years.

It was a very difficult community at the time — a very loving community but a difficult community, and the things that I saw were very, very difficult. I also understand that I am privileged now, because I have been away, and I live in a very different place now, and I have a very different life than I had then. I want to assure you that I’m not necessarily a tourist when I come down and visit the Downtown Eastside.

What I haven’t lost — I think the minister will agree, and those who hear me in the House sometimes — is the ability to put myself in someone’s shoes and the ability to understand what it is like when you don’t start out with…. It’s not a fair playing field. We have to be so careful that we understand and make sure that we are doing what is in the best interest of our most vulnerable people and our communities, do what we can to wrap our arms around you, and make sure that you’ve got safe, secure housing.

I appreciate the indulgence there, but I did just want to make sure that our visitors knew. It’s part of the democratic process. I hope you’ll appreciate the work that we’re doing.

Thank you to the minister for the time here.

Clauses 1 and 2 approved.

On clause 3.

K. Kirkpatrick: The minister thought that was going to be the shortest bill debate anywhere.

Does the minister have a firm date for meeting the pledge that this government and this Premier made to phase out SROs as a form of housing?

Hon. R. Kahlon: I again want to welcome the members from the SRO Collaborative. I see a lot of familiar faces from when I was visiting last.

I just want to recognize the member’s opening comments. It’s another reminder that I’m going to miss her in this House. She brings an important voice that is of great value to our debate.

[3:50 p.m.]

Now, we don’t have a set date. That said, B.C. Housing has been actively purchasing SRO buildings, bringing them into the public hands, renovating them. We are working on a strategy right now with the city of Vancouver and CMHC on a broader plan, but at this point, I can’t share a set date of when that complete transition will happen.

K. Kirkpatrick: Thank you to the minister.

With respect to the rental protection fund and the properties that are qualified to be purchased, will that fund be supporting the purchase of any SROs?

Hon. R. Kahlon: No. The rental protection fund — the way it’s geared, the way it’s structured, it’s not situated to be buying SROs.

K. Kirkpatrick: Thank you to the minister.

Why wouldn’t it be structured in order to be able to purchase SROs? They are, unfortunately, a very important place right now that we don’t want to have replaced until we have some place safe for people to move to. So why wouldn’t that be included?

Hon. R. Kahlon: I know the member is aware of it, but I’ll put on the record that the rental protection fund is independent of government. We provided them with half a billion dollars. They put a proposal together of how they would structure it. Lending some money, having a down payment, the rents for SROs compared to what is needed for those projects that they buy to be viable — it makes it a challenging proposition.

Again, if the rental protection fund were to expand, they certainly could. But my understanding from the B.C. Non-Profit Housing Association, the Aboriginal Housing Management Association and the co-op association is that the way they’ve structured it, it’s not an ideal fit for those types of purchases.

K. Kirkpatrick: Thank you to the minister.

With the decampment in Vancouver…. I’ve lost time now. Was it last year, the year before, 18 months ago? There were promises made at that point from the Pre­mier very specifically in terms of the investment that was going to go into the Downtown Eastside. I would like the minister to be able to provide an update that’s been made. I presume this is in conjunction, hand-in-hand, with the city of Vancouver.

What kind of progress is being made on that promise — in essence, I believe it was to clean up the Downtown Eastside — and why is it actually looking like things are getting worse for people in the Downtown Eastside since that commitment was made?

Hon. R. Kahlon: I don’t think we, anyone from our side, used the term “clean up.” Certainly, we said that we were going to support people in that community. Members live there. I go there quite often. I think that there are a lot of folks who need supports.

Now, I’ll break the answer into two parts. Since the Premier said we were going to step in and play more of a leadership role, we’ve done a few things. So 662 units of new housing have opened in the Downtown Eastside. That’s since August 2022. We have a whole host of projects that are just finishing construction in the Downtown Eastside, so we’ll have more, certainly a lot more, in the next year.

We’re also working on a strategy around SROs that’s broader, with CMHC and in the city of Vancouver, which we’ll hopefully be able to share more publicly once the things are finalized. Then also, of course, we have lots of advocacy groups in the Downtown Eastside, which we’re supporting — quite frankly, they’re supporting us — to ensure that tenants have supports, that there’s a sense of community being built. Lots of important initiatives on the ground to try to make lives better for people.

At Crab Park, at one point, it was over 100 people. I believe the latest number at Crab Park is approximately 16 people. Seven of those people have been offered a form of housing, and they’ve accepted. It’s just a matter of them moving. I believe nine or ten people refuse to talk to us.

[3:55 p.m.]

We’ve been trying for the last year to try to get contact and try to understand what the needs are of individuals. I appreciate that it’s not just as simple as they don’t want to talk to us. It’s layered in multiple things: experiences with government, dealing with the racism, etc. There may be other barriers.

We have been working with lots of other organizations to try to build relationships and trust with individuals so we can get that information. But so far, we haven’t been successful with approximately ten people.

K. Kirkpatrick: Thank you to the minister.

Can the minister outline where those 662 units are and what kinds of units they are?

Hon. R. Kahlon: I can share with the member that we have 3455 East Hastings, 48 units; 4666 West Hastings Street, 231; 53 Cordova Street West, known as family, 80; 326 West Pender, 19; 162 Main Street, 68 units; 1500 Main Street, 60 units; 710 on 19th Ave, 58; 162 Main, 68 units; and 2142 Ash Street, 30. So that totals 662.

I can share with the member that right now, we have 115 units at the Chalmers building that we purchased, which will be focused for more seniors. That’s 115 that we expect to be open in the coming months.

There’s 1126 East Hastings, which is 20 net new units. We’re expecting that to be complete this winter.

We have 1766 Francis Street, which we expect to be complete in the new year. That’s with the B.C. Indigenous Housing Society.

We have 20 units. I can’t say the address, but it’s a women’s transition house that is going to be completed, I would say, late this year, early in the new year.

We have 222 Keefer Street, which is the Downtown Eastside Community Land Trust. This is completing in spring of next year.

We have 1015 East Hastings, which is 142 units. We expect it to be complete next fall. That’s with the Vancouver Friendship Centre Society.

We have, on 52 East Hastings Street, 58 units with Lu’ma Native and RainCity Housing, which we expect to be completed next summer.

We have 320 East Hastings — that’s with the First United Church — which we expect to be complete late next year. That’s about 68 units that are under construction.

K. Kirkpatrick: The 662 units.

The question also was: what form of housing is that? Are those SRO? Are those supportive housing? Are those couples? Are those…?

Hon. R. Kahlon: It varies. Some are SROs that have been renovated, and some are net new units that are different, not SROs. They’re fully contained units.

K. Kirkpatrick: With those who have been moved to housing now from Crab Park, can the minister explain what housing they have gone to? Have they remained in Vancouver? Where have those people been supported to move?

[N. Simons in the chair.]

Hon. R. Kahlon: Almost everyone has remained in Vancouver. We try not to have people move to a different community. I think it’s important for people to be able to choose their own community that they want to live in, and many people want to stay within the community that they’ve built.

It varies. There are some people that are staying in shelters, but there are some people who have gone into renovated SROs as well.

The Chair: Member.

K. Kirkpatrick: Thank you. Hello. Welcome to the chair.

The minister was just saying that there is a strategy being developed with the city of Vancouver.

[4:00 p.m.]

It sounds to me like the details of that might be under wraps right now and not an ability to actually share that information, although I do think it’s very important that people understand and, certainly, the people that are here watching us today understand what the intention is for that community. Can the minister at least provide a couple of the key points they are working with the city to address? Also, when will this work be finalized, and when will it become public?

Hon. R. Kahlon: I can share with the member that we believe that we need to move away from the way the SROs are now and move to an environment where people have safety in their own units. I know I’ve heard about some SROs having shared washrooms and the complexities that come with that.

The work we’re doing with this…. The reason why we can’t share the data, really, at this point is that we’re trying to get the federal government to be there. We don’t want to be talking about things until we’ve got the federal government completely there. There’s a better alignment with us and the city of Vancouver, and because our teams have been working together, it’s always a challenge to get the federal government to the table on it.

We will be able to share some of that strategy, I think, fairly soon, but work is still underway.

K. Kirkpatrick: Thank you to the minister.

We’re talking within this act about 3,600 SRO units. How many people are living in SRO units in Vancouver?

Hon. R. Kahlon: There are approximately 7,790 SRO spaces across 161 buildings. I can share with the member that about 50 percent of these spaces are owned by either the province, the city of Vancouver or a not-for-profit organization; about 2 percent are owned by the Chinese Benevolent Association; and then the remaining 48 percent are privately owned.

K. Kirkpatrick: The member and I…. Although we were not supposed to have been having a conversation yesterday while I was speaking, he did point out that I was referring to supportive housing, as opposed to SROs, in some of the comments that I was making. I went back and had a conversation with a couple of my friends in Housing, and the question that we had is: can the minister explain in detail the difference between supportive housing and an SRO? What makes that difference?

I look at it in my own community. We had the Travelodge, which the minister is quite familiar with, which was a supportive housing complex, but I was very confused about how that differs from the SROs that we’re talking about now.

Hon. R. Kahlon: Well, the ones we’re talking about here, the 48 percent that are owned privately, have little to no support. We have partnered with the SRO Collaborative to provide some supports to people that live in them. They’re doing a fantastic job, I have to say, building that relationship and trust — quite frankly, something that it would be next to impossible for government to do. But the level of support that’s being provided as supportive housing is significantly higher than what we’re able to do in these privately owned SROs.

[4:05 p.m.]

K. Kirkpatrick: Thank you to the minister.

Following that thread, I have mentioned to the minister — we were debating a bill previously and then again yesterday — a concern that has been brought to me a few times, in terms of the difficulty for tenants in SROs to be able to navigate the residential tenancy branch and the RTA. What kinds of supports are being put in place, or changes that could potentially be made to the RTB process, that would be more supportive and would make it more accessible for vulnerable tenants in SROs to have access to those processes?

Hon. R. Kahlon: There is, first off, the fact that we’ve got a collaborative on the ground, talking to people, working with people. That’s an important step for us to be aware of the issue quickly, to be made aware of issues quickly. But also they play a role in helping people, as advocates, through the RTB, to understand how they can access the RTB. So that is an important mechanism.

Of course, we’re always trying to find ways for the RTB to be more accessible to people. We’ve added just last year, I believe it was, 180 languages, services, so that people that have different languages that want to get access can do that.

We’re always looking for ways to remove barriers for people.

K. Kirkpatrick: If I may, Chair, I think that this is an opportunity for us to be having these conversations about SROs and about the conditions for people living in SROs. Ultimately, this is what this legislation is about, and we are at a point in time now where we should have actually been in a place where we’re not even having conversations about SROs anymore. I do think there’s relevancy to the questions as we go through here, so I ask your consideration with that.

Now, we are talking about a vacancy control measure, and the minister in his preamble talked about what I understood, if I heard, to be a commitment to not expanding vacancy control — that this is a one-off scenario, is very specific to a group of these privately owned SROs and is being done in response to some of the challenges that are being seen in these SROs.

In keeping with the NDP’s Rental Housing Task Force recommendation that did conclude that vacancy controls can actually be detrimental, can the minister just confirm again that this is not the beginning of something, that the anticipation would be that it would be expanded beyond what we’re talking about in this legislation today?

Hon. R. Kahlon: I can confirm with the member that, yes, the 2018 rental task force made those comments that the member referred to. We have also spoken to many folks that are in the purpose-built rental space who have also echoed the challenge of what would happen if you discourage purpose-built rentals to be built, especially at a time right now where we just don’t have enough housing, where it’s really difficult to get projects off the ground.

It’s financially hard. It’s hard for our not-for-profits, in this environment, to launch a purpose-built project, let alone anybody that’s trying to do it in the private sector. It is a challenging time.

We are trying to encourage housing to be increased, so this bill…. That’s why this bill keeps it in the SRO space. Quite frankly, we don’t want to encourage SROs to be built. In fact, we’re moving away from SROs completely. The data in front of us is clear about that, so that’s why I’ve made these comments several times publicly and in debates with the member.

[4:10 p.m.]

A. Olsen: I’ve heard the minister explain that vacancy control impacts the construction of purpose-built rentals. Can the minister provide clarity on what the connection is and how that works from his perspective?

Hon. R. Kahlon: I appreciate the member asking the question. I know he was on the rental task force at the time when it recommended not to go in this direction.

What it does is it creates more limitations financially for those that are looking to make the investment to make that investment. So not only can it possibly discourage new purpose-built rentals to be built because, quite frankly, anyone that wants to build in this space can go anywhere. We are leaders right now. We are leading the country as far as getting new purpose-built rentals built. Certainly a concern that’s been raised is we can’t afford to change that direction at this stage.

We’ve also seen from research that it discourages those that have purpose-built rentals from making the investments into the building. That’s the challenge, I think, that we’re trying to grapple with. If there was abundance of housing and we weren’t in a situation that we’re in, that could be a completely different conversation. But when you’re so far behind and you’re seeing more and more people being pushed into very challenging situations, it’s a real challenge.

I hope that answers the member’s question.

A. Olsen: No. I don’t think it does. I think the minister just responded to my question by suggesting that the reason is because it’s hard to build.

What I was asking about was what part of vacancy control, which is really about limiting the rent between tenants…. It’s not about what the rent is that can be set in a new building. It’s not about that. It’s not about how much rent can increase annually. That rent is actually already controlled by the government.

What we’re talking about very narrowly here is the rent that a tenant pays now and the rent that the next tenant pays. That’s what vacancy control is limiting. What I’m wondering is, in such a tightly regulated…. Like every other aspect, basically, of the landlord-tenant relationship is regulated; this is one part that is not. What we’ve seen, for example, in Victoria, is rent increasing between tenants by 40 percent because that’s where the market’s at. That’s essentially the argument that’s given.

My question to the minister is: what is the direct through line from vacancy control of rent between tenants and limiting new purpose-built rentals from being built?

Hon. R. Kahlon: Well, first off, I think the member is asking a question which he also provided an answer to when he was on the rental task force.

When on the rental task force, the member actually recommended against having this. Clearly, he had compelling evidence at that committee that made the case for why they shouldn’t do it. I don’t want to read it into the record. I can read all of it in record, but I think the member is aware of the recommendation that was made and why it was made and what that committee heard and the deliberations that happened in that committee. Perhaps we won’t revisit that, for now.

But just to say what the report said was that it would discourage investments in new purpose-built rentals to be built, and that’s what I was referring to.

A. Olsen: The Rental Housing Task Force goes back to when the current government and their former partner still had a confidence and supply agreement. It seems like a long time. A lot of dust has collected on the top of that confidence and supply agreement, at least the two halves of it.

Anyway, I think 2018 was when that rental housing…. It’s now 2024. There has been a lot of time passed. A lot has changed in the housing market from that time. We provided government a series of recommendations, and they implemented a bunch of those recommendations. They included bringing in some of those recommendations even, I think, as recently as last year. But it was a different time in 2018 in the rental housing market.

My question to the minister…. I recognize that this might be challenging. I don’t have the numbers in front of me. Can the minister provide any data on how much the market rent has increased from 2018 to 2024?

[4:15 p.m.]

Hon. R. Kahlon: We don’t have that data right now. It’s kind of a bit of an estimates question. But my team will try to get some information for the member.

First off, I wouldn’t diminish the work that rental task force did, the member did. I think him suggesting that: “Oh, that was a long time ago, and it’s got dust on it.” We are implementing items from that report today, this year, this session. Yes, it’s possible there are reports within government that don’t get actioned, but I would say we actioned that report more than any other report that was brought forward. I would argue that the issues from that rental task force are more relevant today than they were even in 2018.

I appreciate the member saying: “It was a long time ago; things have changed.” I would argue that things haven’t changed in the sense that those struggles are still real — that we’re trying to address here.

Again, I’ll echo that the same reasons that were used in the 2018 report to discourage government to take additional steps, because it would discourage new purpose-built rentals…. The conditions are still the same. In fact, it’s become more challenging because every 37 days we’re seeing 10,000 net people come to British Columbia. That’s record-breaking. We’ve got more people than we have housing available for, and what happens when that happens is that those with means are able to get the housing, and those without means are being pushed and pushed.

I don’t want to go too much into this debate because the member and I spent, I think, 14 hours last fall talking about supply and all these things. I won’t go there other than to say that it’s vitally important that we’re able to remove barriers, create more certainty to increase housing supply, especially in the purpose-built rental space. That’s what the legislation this fall was about.

I still look at the rental task force report as a guiding document. In fact, it was in my mandate letter for me to be following in the work we do as we go forward.

A. Olsen: I didn’t expect the numbers to be readily available, but it does emerge because….

Actually, I think that anybody who’s been following rent here in B.C. anecdotally, even just from your own experience…. Just ask the people that are listening to this debate to just think of the last six years and what’s happened to market rent in this province. It has certainly not gone down. It certainly has not flatlined. It has certainly only skyrocketed every single year, year over year. And that’s with year-over-year rent caps on the increases. The one gap that exists, of course, is the gap between renters. That number has gone up.

I reflect on the minister’s responses in defending this bill. Of course, I fully support…. Obviously, I support this bill. I personally think that vacancy control needs to go further than just the SRO community in Vancouver. I think that we need to recognize that market rent is what the problem is for a growing number of people that are becoming increasingly more vulnerable because market rents have been able to be increased.

I’m not diminishing the report. I sat in those meetings. I know the conversations uniquely, I think, to this chamber right now. I was part of the private conversations with the members of that, and I know why we made the decisions that we made at that point.

The minister said in a previous response that the limitation of rent increases will limit landlords’ ability or their desire to invest in the buildings that they have. In fact, we made a recommendation in that same report that the minister’s using to defend this decision to not expand vacancy control. We recommended a mechanism to allow landlords to apply to have an annual increased rent over and above what the limit was because of the need for landlords to be able to offset the costs of making building improvements. There was a mechanism within the rental housing task force.

Again, other than the report that we tabled in 2018…. I know what was behind the discussions, uniquely to this conversation. They were closed-door conversations. I know what was behind those recommendations that we were making in 2018. I’m not diminishing the report.

[4:20 p.m.]

I raised this government up for actually…. I’ll just say this….

Interjection.

A. Olsen: I feel like I’m here now.

Interjection.

A. Olsen: That’s right.

I’m definitely not diminishing the report or what’s in it. I applaud government. In fact, it’s one of the few reports that so many of the recommendations have actually been adhered to. This is one of the pieces of work that we’ve done where a vast majority of those are done. But the landscape for market rent is so vastly different today than it was. The process that we went into with the consultations clearly needs another conversation.

Again, other than that 2018 report, is there anything else that backs up the minister’s claim that closing the one gap that exists in rental vacancy control — that limiting this, closing that gap will decrease the number of purpose-built rentals that will be built?

Hon. R. Kahlon: I’ll just share with the member, if I can — just for the record, because I know the member knows this — how the report said: “Members also heard concerns from rental housing providers that a change of this kind would make it challenging for them to cover their costs, with some considering selling and therefore removing their property from rental stock. Rental housing developers said that they would cease developing needed rental units if this change was brought in, as it would make their developments unaffordable to build.”

That’s directly from the report. I just wanted to put that on the record. I know the member knows that.

The member referred to a specific item about landlords having to go to the RTB if they want to increase rents for additional work. The member is correct. We implemented that on July 1, 2021. What the member and the committee wrote in that section….

I guess my question to the member would be…. Actually, I’ll refer to a comment the member from Kelowna made yesterday in her second reading speech, which was: “I appreciate that some may see that as popular, because it might help you right now. And you think that solves all the problems, but what the report lays out here, clearly, is that it will discourage people to build new affordable rental units.”

I would say back to the member: how is it that…? If, then, in 2018, it would discourage people to build new rentals, how does that make it any different now? If it was discouraging people to make those investments in desperately needed housing in 2018, what exactly has changed that would not be discouraging to see those new purpose-built rentals be built today?

The likely answer is that nothing has changed. In fact, given interest rates and global inflation, the challenge has gotten bigger. Given that we have 10,000 people coming every 37 days, the challenge has gotten bigger.

I appreciate the debate on this question. We’re going to have lots of it. I’m sure of it. But what I would say is that the recommendation the member and the other committee members made in that is still relevant today. And the challenges that we were facing in 2018 are still the ones that, in many ways, to get new housing supply, are still similar. In fact, with interest rates and global inflation, we actually have more challenges ahead of us.

A. Olsen: How are rents set in purpose-built rental buildings?

Hon. R. Kahlon: I know the member knows this question. I’m just going to answer it again. It depends.

For the ones that we’re investing in that are not-for-profit projects, they vary. Some are at shelter rates, which is approximately $500. Some of our units are rent-geared-to-income, so 30 percent of one’s income. Some of our units that are with our not-for-profit partners are at market rents.

For someone who has a purpose-built rental in the private market, they charge what the market is at that time.

[4:25 p.m.]

A. Olsen: For that latter category, then, anything that happened prior to that building being built is sort of a moot point, right?

Hon. R. Kahlon: Sorry. I heard it, but I didn’t quite understand where the member was going. So can the member maybe stretch the question a little bit?

A. Olsen: Yeah, so for the latter part, the private de­veloper is building a…. We’ve got a bunch of them being built right now in Central Saanich, in fact. They’re being marketed as luxury purpose-built rentals. The price that they set is the price that the market can….

The market, whatever that number is. It was different in 2018 than it is in 2024, and that is part of the context of what the point of my question is. It’s a different number, a bigger number today than it was back then — different conditions, as the minister said.

So when that new building comes online in 2024, the owner will set that at a market rate of a 2024 rate. Everything that happened between 2018 — well, going way back — and up to 2024 is a moot point in that new building. Correct?

Hon. R. Kahlon: Well, the member refers to a building in his community, and I’ll say that there are parts of his community that are near the water, water views, etc., that may be considered luxury. So I can’t speak to…. Just because that one building markets itself as luxury, I’m not sure if we can draw that conclusion for every single purpose-built rental that’s built anywhere.

Now, the member is asking: if a unit comes online, can the private owner charge what is available in the market? Of course, yes. The private interest or the private builder or the purpose-built rental can charge that, yes.

A. Olsen: Can the minister, then, explain how vacancy control is applicable in that situation?

A brand-new building, no previous tenants, zero tenants. The building comes online, gets its occupancy permit. The owner of that building sets it based on the building, the cost, the pro forma that they developed, I’m assuming — the amount of money that they needed to borrow and what the conditions of that borrowing are and then maybe some profit for the developer. They set those market rents. There have been no tenants in that building, so how does vacancy control impact the pro forma of that building?

Hon. R. Kahlon: Now, we’re going into a really hypothetical space, given that every pro forma is built differently. Some build into their pro forma the idea that they will be able to increase rents over time, and that’s how their pro forma is built out. Not everyone builds their pro forma that they’re going to be making revenues on day 1. It varies. It’s hard to have an apples-and-apples conversation when every pro forma is different in every community given the challenges that different communities face.

A. Olsen: We’re getting close. I appreciate that response.

Based on the conditions today, the annual increases are capped, and those private investors can increase rents to whatever the market rate is, an unlimited amount, in between tenants. So I take the minister’s point that, again, in that part of the financial situation of that building, that is true. There is no cap on what can be increased between those rents.

I’ll take the minister on that. However, I think I’ll just say this before I take my seat and pass it back over. I don’t want to diminish from this act what’s happening here because, as the members here and the members online and the members around will recognize, I actually think that vacancy control in the market that we’re in right now….

[4:30 p.m.]

There are many, many tens of thousands, hundreds of thousands of households in British Columbia right now that are extremely vulnerable. There is an extraordinary number of British Columbians who, if they were evicted from their place, could not afford to live in the community that they’re currently living in.

There are 600,000 households that are paying over 30 percent. I think actually…. My hope is that CMHC takes a really good look at that 30 percent number because I think it’s outdated now. It’s probably 50 percent or even higher than 50 percent. There is absolutely no doubt that this government needs to put in place, with urgency — and I appreciate the way this bill is structured — to protect the vulnerable people in our society….

I would also suggest that there is a much, much deeper pool of people that need the urgent kind of response from the ministry and the minister because of the precarity that they’re living in — the lack of security in the rental housing market, the inability for people to actually live in the community that they have roots in, for their kids to go to school in the places that they go to school.

When you start to understand the complete social chaos that is created by someone who is living in that scenario, I think that we need to be taking a look at even the most unpopular policies if they are going to help stabilize people and give them some sense of normalcy in the communities that they have grown roots in, grown friends in, grown social fabric in that is actually the resilience that people need.

I’m not going to get in the way of moving this. But it certainly is curious when we propose a policy of vacancy control and the minister outright says that it’s not necessary and then picks a very small segment of the housing market and adds vacancy control, recognizing the rental housing market is already very strictly regulated. In fact, it’s almost entirely regulated except for this one gap.

Hon. R. Kahlon: I appreciate the member’s comments around the challenges that people face when it comes to housing. The member knows he and I agree on that.

I would say a couple things. I think the member should be proud of the work he did on the rental task force. It was important work. It has actually changed the lives of many people in British Columbia. The member should also be proud that he was part of the committee that made a recommendation not to go and use vacancy control, because they got information from people, heard from people, and they made a decision on what’s best for the province.

I also appreciate this is politics, and the member can take different positions now than he did before. But that being said, the member from Kelowna mentioned this as well, yesterday, which is what we’ve heard from the rental task force and the reason why the recommendation was there, because it may discourage new purpose-built rentals to be built.

I would also agree with the member around making sure that people, renters in particular, have protections. That’s why there were recommendations…. Like I said, many of the recommendations from the task force have been implemented or are being implemented, in particular around renovictions. We used to hear about renovictions a lot. I meet with advocates, housing advocates, who tell me that since we introduced that new process where a landlord has to go to the RTB, it has dropped, dramatically dropped. Of 35 applications, only nine were approved. So that’s good.

We heard that there was a big challenge because there were landlords using personal use as an excuse to evict people to raise their rents to get more revenue. That’s why we said that with any building that has five or more units, you can’t use personal use anymore. A professionally-run building…. You should run it professionally. But we have some flexibility for mom-and-pops, people who have a basement suite in their home that may need it for a family member.

We’ve put a new process in place now so that if a tenant feels that they need more information or they don’t feel like they were treated fairly, that there is a way for that information to be more transparent for everyone.

We are taking steps to address the challenges that are in the rental market. Again, I appreciate we’re going to have many conversations on this topic going forward, but I do…. Just like I always say about my critic, I also do really respect the member, because I think we all want to get to the same place.

[4:35 p.m.]

A. Olsen: I’ll just say, in response to the minister, 2018 was quite a number of years ago now, six years ago. I was very much a part of the process, and I am very much proud of the work that we did on the task force and, as well, very much proud of the fact that government has actually taken the work that we did and implemented it.

That’s unique. I don’t know that British Columbians know how unique it is that all the recommendations, or a vast majority of the recommendations, of any report of any committee in this place actually get adopted. I was part of another committee where we basically just brought in the recommendations from the previous committee.

This is the reason why we have legislation that gets reviewed every five years. Conditions change; things change; aspects of the market that we’re talking about evolve and change; aspects of the policy evolve and change. I as a legislator…. I’m a different legislator today than I was six years ago. I know more about this industry because I’ve had exposure to more people.

That’s the reason why I’m not challenging the recommendation that we made in that report. What I’m challenging the minister to do is to provide an updated justification for maintaining this, and I think the minister has achieved that to some extent. I don’t know that we’re going to agree on it, so I think it is probably time for us just to move on and have a nice afternoon.

The Chair: Thank you, Member. Now, just to clarify, I’m sure the member was referring to dust on the CASA agreement and not on the report that you’re referring to.

A. Olsen: Yeah, that’s true.

The Chair: I just wanted to make sure we maintain the peace in this House.

K. Kirkpatrick: I don’t want to get in the middle of that conversation.

When we began the questions today, one of the questions I asked was, “Will the rental protection fund be funding non-profits to be able to purchase SROs?” and what I heard the minister say was that there would not be some way that we would use that fund because it wouldn’t be financially viable. So that does bring up the question of financial viability with respect to the SROs that we are looking at vacancy controls on.

A question to the minister on that is: what consultation has been done with ownership of these SROs, and how familiar is the ministry with the actual cost structure and financials of these SROs?

Hon. R. Kahlon: The city of Vancouver has led that work. This is a response to the city of Vancouver’s work. It’s important to note that two successive councils have endorsed this — totally different political views. It was originally brought in by a council, different political sense, political view, supported across the board. Now a new council, which maybe has a different world view, but on this, they’re united. On this initiative, they’re united.

Again, the consultation, engagement has been led by the city of Vancouver. This is a recommendation that came unanimously from all councillors that that action needed to be taken.

K. Kirkpatrick: Thank you to the minister, and to clarify, there’s no debate from me on that. I understand that this request came from the city, but I do think that there are important kind of pieces of due diligence that the government needs to do before they actually necessarily take a recommendation or support a recommendation.

So if I can just clarify. I understand from the minister that although they are creating a tool where these vacancy controls can be put in, the minister and the minister’s staff are unfamiliar with what that actual impact will be to the SROs, to the condition that these SROs are left in. That information from the city of Vancouver was not provided to or asked for by ministry?

Hon. R. Kahlon: Yes. I have confidence in the city of Vancouver’s policy work that was done, that was presented to council when this discussion happened. I believe it’s actually all public, the engagement the city of Vancouver has done, and my team will look to find that and give that to the member.

K. Kirkpatrick: I appreciate the information is public, but as we talked about yesterday, when a bill is introduced in the House and debated in the last week of the session, it’s hard for our small team to have access to all of this information, so whatever the minister can provide is much appreciated.

[4:40 p.m.]

The concern that I have and I’m trying to express, and I spoke about this yesterday, is that the SROs that I have visited and walked through and spent time in…. We’ve got broken windows, people who haven’t had heat in their unit for six months during the winter, people trying to fix things in their own units that are actually causing safety hazards for them, plumbing that doesn’t work, bathrooms that are not accessible…. These are deplorable conditions for people to be living in, and they should not be living in those conditions.

My question is, and I want this to be taken, and I had my hands out to you earlier, in the right…. This isn’t taking the side of the landlord versus taking the side of the tenant. These are real things that we have to consider and real-world impacts. This is why the questions are asked.

Is there not a concern that with a vacancy control between tenancies, there might be an even greater impact on the dereliction of the buildings? As we talked about, and I asked the question…. Do you know the P and L, and do you know what the financial position is of that landlord? How do we know that this is not going to make those living conditions for people even worse?

Hon. R. Kahlon: I know the member has been to these SROs, so the question that I would say is…. Is it possible to be even more? The ones I’ve had a chance to go through…. I don’t think it’s possible for a landlord to let those buildings go into further disrepair. It’s literally not possible. One that I visited, the building was literally slanted. You could see the entire building going.

I don’t need to go into it. The member fully understands the conditions that they’re in. I don’t see how the buildings could get any worse in disrepair than what they are currently, in the SROs that exist.

K. Kirkpatrick: Thank you to the minister.

That’s kind of a sad statement, that the minister doesn’t think that they can get any worse. But that doesn’t negate the concern that we have. Yeah, I do believe that they could get worse. It certainly depends on what building it is and what condition it’s in right now.

If you have, for example, an elevator that is not working suddenly…. We’ve seen this happen in some of these buildings, where you’ve got one elevator and you’ve got somebody, particularly somebody with a mobility issue, on one of the floors. If a landlord does not have the funds required to be able to fix or replace that elevator, what consequence is there to that landlord, and what can the province do about that?

Hon. R. Kahlon: I was just trying to get some information, but I can just say, first off…. There are some privately held SROs that have access to grants from the city of Vancouver. They’ve got a program. I was just trying to get that information. The member may already be aware of that.

[4:45 p.m.]

That is the space of the city of Vancouver. The city of Vancouver does issue fines for landlords that are letting the buildings fall into disrepair. The firefighters are in the buildings doing checks, so there are processes that the city of Vancouver takes on to address that.

K. Kirkpatrick: Thank you to the minister.

Actually, I am going to cede the floor to my colleague here from Kelowna and will steal it back from her afterwards.

R. Merrifield: Could the minister tell us what happens when a building continues to fall into disrepair?

Hon. R. Kahlon: Well, I can tell the member that the SROs, as they fall into disrepair, continue to be rented to people, and that’s why we’re trying to address the issue we’re trying to address here.

R. Merrifield: I didn’t totally follow the minister’s answer on that one, because the minister is saying that this bill will somehow address the issue of a building falling into disrepair. If the minister could clarify, that would be great.

Hon. R. Kahlon: Happy to. What I’m saying is that what the previous member said and the member from the Green Party said…. These buildings, many of them, are not seeing investments to bring them to the level that we all think people should have the ability to live in, and that’s what I was referring to in my answer.

R. Merrifield: I’m still not tracking what the minister is actually saying, because this bill actually stops the amount of revenue that a building can gain and, in doing so, limits the amount of funds that an owner could use to reinvest into the building. So by actually limiting those funds, is the minister not actually creating a situation where those buildings could fall into further disrepair?

Hon. R. Kahlon: The SROs that we’re talking about here…. The owners have been raising the rents, but no investments have been going back to fix the buildings to the level that we would all consider adequate for people to live in. I think we’re going to be spinning in circles here, because I think it’s pretty obvious that some of these landlords have been making money but have had no interest in making the buildings any more livable than they are.

R. Merrifield: Could the minister explain how this bill will make them more livable?

Hon. R. Kahlon: What this bill does is it ensures that people are not displaced and having their rents increased, many of them finding themselves on the verge of homelessness. The city of Vancouver has told us that they believe, roughly, about 500 people have already gone through this, and that’s what this bill looks to address.

R. Merrifield: All right. I’m not totally clear here, because there are already measures in place through the Residential Tenancy Act that actually only allow a certain amount to be increased, and from 2018 to 2024, actually, I believe, and forgive me if I got this statistic wrong, there were three years in which there were either freezes or less than the annual rate-of-inflation increases. So there are already protections in place for a tenant who stays in that particular unit.

What this bill does, from my understanding, is protect the time in between tenants, whereby that wouldn’t displace someone, because someone wouldn’t be moving. If they were moving, yes, then they would have to find another place to rent.

Could the minister please explain what he was meaning by that? There are no tenants themselves that have seen skyrocketing increases, because if they were in the same unit, they would have seen a meagre, maybe, 2½ to 3 percent over the course of the last five years.

Hon. R. Kahlon: Often, individuals that are living — not always, but often…. Some of the more vulnerable people in our communities…. What we have heard from the city of Vancouver, from housing advocates, is that, in some cases, people are being wrongfully evicted. In some cases, they’re offered a few dollars to leave so that they can raise their rents. There’s been a whole host of actions that have been taken.

[4:50 p.m.]

The city of Vancouver informs us they’re aware of 500 people that they believe have been, I would say, wrongfully evicted. Often individuals that leave these units find themselves in homeless situations — hard-to-find individuals, hard to provide them supports to get through an RTB process, hard to locate them. It’s a uniquely difficult challenge that is faced by individuals that live within these units.

R. Merrifield: Could the minister clarify how rent control would stop a landlord from giving money to a tenant to leave, or would somehow help that tenant, who has been wrongfully evicted, to get to a residential tenancy board process?

Hon. R. Kahlon: I think the member understands. The answer is that if the landlord won’t be able to make additional profit, they would see an interest in having the people remain and not try to use tactics to, in some cases, trick people out of their units.

R. Merrifield: I’ll come all the way back to my original question: how does this bill actually help any of those buildings come into better quality or better situations?

Hon. R. Kahlon: Perhaps that’s where the challenge is. The member is focused on the buildings, and we’re focused on the people, the vulnerable people that are needing the supports. That’s why the city of Vancouver came to us on bringing this forward. That’s why we’ve brought this forward.

R. Merrifield: Actually, it’s just the opposite. I will correct the minister and say that actually, I’m very concerned about the people and the squalor that people are being forced to live in.

I’ll ask the question from a different direction, so perhaps the minister will understand more completely. How will the minister’s bill in any way help the individuals who are living in these units to come to a better quality of life within the unit in which they are living?

Hon. R. Kahlon: The fact is that we’ve got 30 people here that are living in SROs and that took the long travel to be here. They’re here to witness this, and they’ve advocated for this. The fact is that the city of Vancouver — in two successive councils, with different political views — came to the same conclusion that this is needed.

I think the answer should be in the lived experiences of the people that are here, encouraging us to consider this bill, encouraging all parties to support this. I think that should be sufficient, I hope, for the member.

R. Merrifield: No. It’s not in any way, shape or form sufficient. The fact that they came out here is incredible. It’s extraordinary, absolutely. But the fact is that this minister is not dealing with the core issue. We do not have enough housing. The housing standard that these people and individuals are forced to live in is substandard.

The minister suggested two different parts of my speech from yesterday. I will remind the minister that I, too, have been through those same SROs. There is no way that that should be what we are not just allowing but providing and protecting as a sufficient living standard.

My question to the minister is again, and I hope that this time, the minister will actually answer the question: how will this bill in any way not allow those living standards to further erode?

[4:55 p.m.]

Hon. R. Kahlon: We had a fulsome discussion last session around key initiatives to increase housing supply. The member voted against them.

We said that we were going to bring in small-scale multi-units to allow three or four units to be built on single-family lots so we can get increased housing supply, like they’ve successfully done in New Zealand, like they’re successfully doing in California, Oregon and other jurisdictions around the world. In fact, Kelowna just yesterday became the first jurisdiction in the province to pass the rules to allow that type of housing.

If the member is saying that increasing housing supply is an important measure, surely…. She had the opportunity to support legislation that did that very thing. That being said….

The member had asked multiple questions. I answered the questions, for the record. I’ll also add that the city of Vancouver has capital grants for SRO owners. If they need additional supports to do renovations, that money is available to them.

R. Merrifield: Could the minister confirm that the capital grants would be sufficient to make up the gap between market rent or even increased rent? I don’t think an SRO would ever be at market rent. Would it fill the gap between what the building requires and what the building’s revenue allows?

Hon. R. Kahlon: It’s a hypothetical question, given that every building will be different circumstances. What I said was that there are capital grants available.

If the member is talking about a hypothetical…. If the SROs had been increasing rents to whatever they wanted to increase them…. Would they use those moneys to renovate the buildings? They may, but we certainly haven’t seen that.

R. Merrifield: Is there anything that would stop a building owner from redeveloping the site in its entirety?

Hon. R. Kahlon: Of course, I suppose someone could do that. You’d have to follow the rules of the province and ensure you’re following the rules of the city of Vancouver. But I suppose that could happen.

R. Merrifield: Let me give the hypothetical situation, the building that the minister walked through that was physically leaning.

At some point, the city of Vancouver comes in and says: “This building is no longer up to standards.” Perhaps the building owner pays the fines a few different times and applies for a grant. The grant is insufficient to actually bring the building up to standards, and the building is condemned.

Could the minister explain what happens, in that condemnation, to all of the people, the tenants, the vulnerable people, that are living in those buildings?

Hon. R. Kahlon: They would have to follow the rules of the law, the RTB process that’s in place. That has protections for people. Again, it’s hypothetical. I can’t provide any more context for the hypothetical proposal that the member has shared.

R. Merrifield: The minister doesn’t understand that those people would lose their homes.

The Chair: Does the member have a question?

R. Merrifield: I was asking.

Does the minister understand that those people would lose their homes?

[5:00 p.m.]

Hon. R. Kahlon: What I said is…. The member asked a question. Would it be possible for somebody to develop? I said yes. That’s possible. They’d have to follow the rules. There are protections for people that are living there. There are the rules of the city of Vancouver for them to follow.

I don’t know how many times I can say yes to that same question.

R. Merrifield: No, the minister is actually not answering the question. The minister is talking about rules. Maybe the minister is more concerned about rules than the people that actually sit in this gallery.

I’m talking about the people. I’m asking what’s going to happen to these peoples’ homes if these buildings fall into such disrepair that they are condemned. Could the minister please answer? Where do these people go if their building is condemned?

Hon. R. Kahlon: Before the member came, I highlighted the investments we’re making in the Downtown Eastside, the units that we’re opening up.

Surely, the member knows that the city of Vancouver has requirements for what can be built there. We continue to find supports for people and to move them into opportunities that we create. If someone were to redevelop, and they follow the rules of the city of Vancouver, they are required to create some affordable units that are also contributing to housing in the community.

R. Merrifield: The very point is that these people will lose their homes.

It’s a very slippery slope. I understand. We desperately need to support our most vulnerable populations in finding housing that is appropriate for them and not condemning them to squalor and certainly not condemning the very buildings that they live in right now to indefinite squalor.

The minister referenced the bills brought in this last fall. He used a one-size-fits-all hammer for every single residential neighbourhood in British Columbia.

I can tell the minister about a situation that I’ve just been dealing with, with one of my constituents. They are trying to actually build a home and do things right. They’re trying to build to step code 5 right away, not even wait.

In building to step code 5, they had to go to Fortis. Their whole home is electric, and they didn’t meet a 200-amp service. So now they are going to a 400-amp service. Fortis informed them that they’d have to upgrade the transformer on their street. Well, upgrade a transformer. We can do that.

First a panel, then a transformer. Hey, you know what? We’re going to eat this 60K that it’s going to cost us to upgrade that transformer. We’re actually going to do it, because it’s the right thing to do for the sake of the planet. Well, then Fortis informed them that they had to create redundancy within the neighbourhood, which was going to cost about $1.2 million.

There is not infrastructure for all houses, all duplexes, all fourplexes to be built on all of the single-family lots within our communities. So for the minister to fourplex, sixplex, eightplex all of the single-family housing in all of these outlying areas in Kelowna is simply irresponsible. Infrastructure is required.

The minister mentioned New Zealand. Well, New Zealand saw a 12 percent increase in all single-family houses within the first four years of doing exactly what we have just done.

The minister is not addressing the core issues of housing in British Columbia. He promised 114,000 units; only 16,000 have actually been done. Now this measure, Bill 27, is a very, very slippery slope.

I know that the minister, in previous answers — I was watching — has actually talked about how this is a one-and-done. “It’s not going to happen anywhere else. This is the only place in which rent control is going to happen.” He actually addressed the House Leader for the Third Party and said exactly that. This is the only place that this is going to happen. It’s not going to happen anywhere else.

Well, I can tell the minister that banks do not see it that way. Banks see this type of legislation coming in. It will send shock waves through all purpose-built rentals, saying: “If it can happen there, it can happen anywhere.”

[5:05 p.m.]

Is the minister willing to risk a reduction of rental units across British Columbia because of this rent control being put in place here?

Hon. R. Kahlon: I can share with the member that I had a meeting just yesterday with the senior executives from Scotiabank, where we talked about housing and what’s happening.

Their CEO was part of a task force that was commissioned by Ontario on how to address the housing crisis. The things we are doing here in British Columbia come directly from the recommendations from that CEO of that financial institution.

I appreciate the member is trying to make a point, and that’s fine. I guess what this place is about is exchanging ideas and different viewpoints. But it doesn’t change the fact that this is, right now, a measure that the city of Vancouver has asked us to take on. They understand what this means when, over just a few weeks, 500 people out of 3,600 get displaced.

We’re going to continue to focus on people, making sure they have the supports. Of course, that’s why we brought this legislation forward.

K. Kirkpatrick: Thank you to the minister.

Once this legislation comes in and there’s the vacancy control between tenancies, how does government plan to prevent bad actors from resorting to other illegal methods to increase building turnover?

Hon. R. Kahlon: Perhaps the member can talk about what kinds of situations. Maybe she can refer to types of situations that she thinks would be a concern. That might make it easier for me to answer.

K. Kirkpatrick: Thank you to the minister.

It goes back a little bit to what I was talking about earlier with respect to tenants in SROs not, maybe, always being fully aware of their rights and having access to the residential tenancy branch process. It is those things that may very well be going on now but which may be heightened with something like this: providing rent increases regardless of this legislation, giving people false information about why they’re evicting them from a unit. There’s a whole number of things that can happen.

I think this is a unique group of citizens, a unique group of tenants. How do we make sure, even though this legislation will come in, that people are still protected?

Hon. R. Kahlon: Yeah. I agree with the member. It’s going to be a challenge. It’s a continuous challenge to try to ensure that folks have information and that they know their rights.

We will continue to do the work we’re doing with different organizations on the ground to ensure people understand, if rules change, what the rules are, so they have a better understanding, make sure that they have that awareness. The city of Vancouver has committed to do the same work. I agree with the member. It’s still a challenge to ensure that everybody knows what their rights are as human beings.

K. Kirkpatrick: Thank you to the minister.

Can the minister detail how the validation of the city of Vancouver’s bylaws retroactively affects the legal landscape for landlords and tenants?

[5:10 p.m.]

Hon. R. Kahlon: This is not retroactive. As the member knows, because I heard her speech, it’s effective…. Some elements of it start kicking in one day after the first reading, but it doesn’t go back to when the city of Vancouver initially started this legal procedure.

K. Kirkpatrick: Thank you for that. I’m going to talk a little bit about that, and then I’ve got some questions that we’ll back up a little bit on.

Normally, a bill is introduced….

Sorry, I keep looking at you, but I just want to have you part of the process.

Normally, a bill is introduced in the House, as this bill was two days ago. There’s an opportunity for members to get up and to talk a little bit about it, to express our first thoughts after we look at it. There’s a vote on that. Then it comes to this process that we’re doing right now, where we go through, pretty much line by line, and ask questions about the impact of this legislation. When that’s completed, there’s a vote. It goes back into the House, there’s a vote, and then that legislation comes into force.

My question…. The word “retroactive,” as the minister says, is an incorrect word with respect to what we’ve done here. We’ve seen legislation previously, which is usually around taxation and things like that, where you’ve got a bill that’s coming into force prior to even this process. This bill, in essence, came into force two days ago. We’re still in this room having this conversation, and it hasn’t been voted on.

Can the minister explain this process and the reason? This is a bit of an unusual way to bring legislation into force before we’ve even had a chance to take a look at, debate and ask questions about it.

Hon. R. Kahlon: For the record, this is not the first time any legislation has been brought in the House that has this provision.

Interjection.

Hon. R. Kahlon: I know the member didn’t say it. I’m just putting it on the record for whoever comes back to the debate. There has been lots of legislation. In fact, Bill 14, which just went through, had the same provision in it.

It was important for us, as we brought this in, not to have a runoff. If the city of Vancouver has seen 500 people displaced within a couple of months or weeks after the court ruling, the moment this legislation hit, we could have seen 500 people being displaced. That provision was put in place to ensure that we didn’t see a mass eviction happening while people were waiting for us to debate a bill. It would have made more people vulnerable.

Of course, if the bill were to fail in this House and not get approval and not get support from members, then the entire thing would be gone. That’s why the provision was put in place the way it was.

K. Kirkpatrick: Thank you to the minister. I certainly appreciate the reasoning there.

On that same topic, is there a likelihood that the owners of these 3,600 units are already aware that this may be happening, that they have been in conversations and that there might actually be issues with this happening right now?

[5:15 p.m.]

Hon. R. Kahlon: It’s hard to predict exactly what individuals are doing.

That said, this was very public. It’s not a huge amount of properties where there’s a widespread impact. It’s very localized. I suspect most of these landlords understand what the bill was, what the information is.

Of course, anything is possible. It’s possible that one of these landlords may still try to evict somebody today. That said, the rules are in place, and they would be breaking laws, essentially, in doing that.

K. Kirkpatrick: Thank you to the minister.

I should know this, and this is an opportunity for me, certainly, to be learning on this, but what is the average rate, if there is such a thing, for an SRO? Are they primarily at shelter rates? What is the current average? Can the minister explain what the city was seeing in terms of increases during that vacancy part?

Hon. R. Kahlon: I don’t really have information on what the city was seeing during that period, but I can share with the member that the average rent, as of last year, for privately owned SROs was $736. For the not-for-profit operated SROs, it was $375.

K. Kirkpatrick: Wow, that’s a lot, I’ll say on that.

I believe that this magically appeared beside me. Can I just clarify that that did come from the minister? Okay. Thank you very much. There are about 50 pages here, which I’m….

Interjection.

K. Kirkpatrick: I do appreciate that.

Okay. What legal challenges does government foresee in relation to the implementation of these bylaws, and how are they prepared to address them? The question is: do the private owners have an opportunity to challenge this in some way? What is government anticipating?

Hon. R. Kahlon: I can’t speculate on what will happen, what the courts will say, or what individuals may do. I just can’t provide anything concrete on that question.

K. Kirkpatrick: Thank you to the minister.

Well, surely the minister and the minister’s office understand the guidelines in terms of jurisdictional issues and challenges. Is the government sure that they have the jurisdiction to be able to do this and that it doesn’t open up the potential of legal action or challenges from the owners?

[5:20 p.m.]

Hon. R. Kahlon: Again, it’s difficult to answer. Anything that government does can always have a legal challenge. That’s a right for people to do, to take their issue to court. So it’s hard to say.

K. Kirkpatrick: Thank you to the minister.

How does government plan to measure the success of its policies in the Downtown Eastside and what metrics are being used, not just with respect to this legislation but the rest of the actions that are being taken by this government to try and deal with the social challenges that people are having?

Hon. R. Kahlon: First, I’ll start by saying that the Premier has participated in three round tables in the Downtown Eastside, which is really rare for any Premier to have even one round table in the Downtown Eastside. Given his years of work there, I think he has a unique understanding. I think, for many, there’s a respect because he had worked there, and they know that he knows the challenges that are there.

There are a couple things. I’ve laid out the housing investments that we’re making there, and there will be more of that. I’ve also laid out that we’re working with the city of Vancouver and CMHC right now on a broader SRO-related strategy. But I can also share with the member that we are right now having engagements on the ground with community, with partners, around: what is the vision for the community? What would people like to see in the community? What would they like to see, going forward? What do they feel needs to happen in the short term, in the medium term, in the long term?

It’s not as simple as just saying: “Here’s what we think, and we’re going to go ahead and do it, and we’re going to put the targets up.” We’re really trying to engage community so that people that are living there in the community have a sense of agency and sense of voice and get a chance to participate in that. When you do that process, sometimes it takes a little bit longer to do, but I think you get better outcomes.

That work is happening, and part of that work will lay out: what are we trying to achieve in the short term, what are we trying to achieve in the medium, and what do we want to see in a longer term for the community as a whole?

The Chair: Members, we’re going to take a seven-minute recess, so stay close.

The committee recessed from 5:24 p.m. to 5:32 p.m.

[M. Dykeman in the chair.]

The Chair: I’m calling Committee of the Whole on Bill 27, Municipalities Enabling and Validating (No. 5) Amend­ment Act, back to order.

Recognizing the member for West Vancouver–Capi­lano, on clause 3, please.

K. Kirkpatrick: Thank you, Madam Chair. Welcome to the chair.

To the minister, how does the government respond to criticisms that these measures are merely temporary solutions, rather than long-term reforms which are needed?

Hon. R. Kahlon: I would respond by saying we need both. You know, you’ve got to do some things initially to address the challenges you deal with. I would also agree with the premise of the question, which is that it’s going to require some long-term reforms.

That’s why, in the answer right before the break, I highlighted the streams that we’re taking around just SROs, the buildings, and how we, collectively, between the federal government, us and the city, address that — and then what happens in the community as a whole. That work is critically important to help inform us on what long-term shift will happen. There’s no easy, fast solution that will solve the challenges we have to address in the community.

Quite frankly, a challenge for us has been to really drag the federal government here to the table. I think that certainly, at the ministerial level, they understand the need and the importance, but it seems to be difficult for them to understand that there’s a uniqueness here that we’re dealing with. Perhaps, sometimes, there’s a desire to create one program that would work across the country, when we are dealing with some unique challenges.

That said, they are at the table. Once we’ve kind of finalized things with them, we’ll be able to make things more public.

[5:35 p.m.]

K. Kirkpatrick: I understand what has been happening. I’ve spoken to people at the city. The reason for this legislation — we understand the reason for this legislation and appreciate it’s important — is that when tenants have left, in these SROs and particularly these private ones, there have been large hikes in the rates, above the shelter rates, making it very difficult for people to afford to be there.

What I want to understand, then, is: who can afford to be there? So who is actually…? Is it because there’s just really a desperation, so people are taking those suites — I should say rooms — at the higher levels, just understanding that they will not be able to afford to do anything else? Who is able to actually pay those jumps in the rents that are happening now without the vacancy cap?

Hon. R. Kahlon: Every story is unique. Everyone maybe comes to the community in a different way. Some people…. I’m sure it’s because they love the community, and they want to be there, and that’s their opportunity. Some come because maybe it’s more affordable than what there is available in other parts of the community.

Everyone that I’ve met on the Downtown Eastside has a unique story of their connection. Many people say: “I’ve come here. I came originally to find a family member, and now I’m here.” So it’s hard to say.

In the break, I was talking to some of the members from the SRO Collaborative, who reminded me that there are 231 calls to justice that talked about the things that we’re talking about here, in particular on the Downtown Eastside. It was a reminder for me that I have more work to do to go and learn and remind myself that those voices of people who lost loved ones are captured in the document, and many of the things that they called for are the things that we’re talking about right now. I want to appreciate and raise my hands to my friends for reminding me of that.

I also heard from one of our guests today that they lost two people in their building just in the last few weeks. When the people pass away, new people come in at higher rates.

Anyways, it’s hard to say exactly, but from what I’ve heard from people, many people come here for various reasons. Most people love being in the community, and there is a community. As much as perhaps some people see it on TV, they’ll say this and that, and they’ll have judgments of it, but those, like the member, who have lived in the community understand there is a community in the community.

Anyways, it’s a long way of saying people come in different ways to this place.

K. Kirkpatrick: Thank you to the minister. Yeah, I was just really trying to get kind of a handle on what was actually being seen on the ground and what the impact was.

Yesterday when I was speaking, I talked a bit about some of the conversations I’ve had with some of the social services groups in the Downtown Eastside about the vulnerability of women and women tenants. What is being done to ensure that women who are living in SROs…? I mean, we want to keep everyone safe, but women in particular are vulnerable, and I understand that the instances of assaults and suite takeovers with women in the SROs are significantly challenging now. Is there a piece of the overall strategy that’s going to address that specifically?

[5:40 p.m.]

Hon. R. Kahlon: I really appreciate the member’s question, because there’s a unique challenge that women face, especially around SROs — I certainly have heard — especially shared washrooms and what that means. I know there’s programming through the Downtown Eastside women’s society for day spaces for people to go during the day, washrooms, other things, access to services.

Part of the housing that I shared earlier with the member around units that were opening up, is we’ve got projects that are just for women, safe spaces for women. Right now, there are resources being provided to not-for-profits around gender-based violence training and supports on the ground.

There’s work happening between our ministry, B.C. Housing in particular, SDPR and the Solicitor General’s office around a murdered and missing women’s call to action. All those pieces are coming together to support people in the Downtown Eastside. But it is a challenge, no doubt.

I know the member knows this, but certainly, when we saw the encampments on Hastings, we saw reports of violence towards women at a reckless rate. Early on, we saw that with Crab Park as well, and we were able to, in many cases, prioritize women to get them into safe, secure housing opportunities in both Crab Park and the encampment.

K. Kirkpatrick: Thank you to the minister.

This is still specific to SROs. I’ve had a number of conversations with the SPCA. One of the concerns that they’ve expressed, particularly with SROs, is the inability for residents to have their pets with them.

I’m wondering, also, as I asked about policy or supports for women and the overall planning and what’s happening: is there anything that will address the issue or concern that people are often separated from pets, particularly when you’re in an encampment and you’re trying to move somebody into housing? What can be done about that?

Hon. R. Kahlon: I appreciate the question.

I know that certainly I’ve heard from folks that sometimes are in encampments who are not wanting to take shelter because they’ve got a pet, and that’s their family. I know there’s sometimes a frustration in the public when they say: “Why don’t people just move to inside?” Well, the member’s correct. Sometimes they have different circumstances, and the unit might not fit, necessarily, their circumstances.

That being said, there are many operators that are offering supports and allowing people to have their pets with them. We don’t have a set rule that says it’s a requirement that you must allow the pet. There is that flexibility there for the landlord. But we do acknowledge the uniqueness of that challenge for people who do have pets that are needing supports.

The Chair: Recognizing the member for Kelowna-Mission on clause 3.

[5:45 p.m.]

R. Merrifield: I’m going to take the minister back to one of the answers that he gave earlier, and that was on his conversation with…. I believe he said it was the executives of Scotiabank but then he was talking about the CEO of Scotiabank. I’m not sure if the CEO was part of that group or not. Forgive me if I don’t get the exact executives correct.

Did the minister speak to other bank executives as well as those bank executives of Scotiabank specifically about this policy of rent control? The minister had acknowledged that he had spoken with the Scotiabank executives about some of the other policies that were being instituted. Did he speak to those executives about this one, in particular, and/or any other executives from any other banks?

Hon. R. Kahlon: First off, the city of Vancouver had this policy in place for almost a year. Folks in the banking industry that, I suppose, work in the Downtown Eastside were well aware that it was there.

The conversation with the Scotia executive was recent. We canvassed all of our housing pieces. I did meet with, I guess, executives from banking around two weeks ago. The legislation had not been introduced or discussed at that time.

R. Merrifield: Did the minister specifically ad­dress…? I believe the minister was making an assumption that because the executives of the financial institutions live in Vancouver or work in Vancouver, somehow they would understand or be alive to the nuance of the vacancy control items that were going on, which they may or may not be.

I was asking if the minister had a conversation specifically about vacancy control with any of those executives when it came to housing policies of the province.

Hon. R. Kahlon: The conversation I had with a Scotia­bank executive…. I’ll just be clear. The Premier met with the CEO. I met with their executives. We talked through all of the housing pieces that we’re doing. Now, they were in Toronto. So it’s fair. They don’t have the context of British Columbia.

My meetings with the other executives from the other banks were a few weeks ago. In those conversations we talked just general housing policy: where we’re going, what direction, what products and opportunities might be for the financial institutions to play a role.

My answer was in the context of the member talking about increasing housing supply. Our measures that we brought in the fall…. I think the member characterized them as maybe a little aggressive. I may not use those words but in that general frame. I was referring to the fact that I met with the executives and walked them through what we were doing. It was in that context.

R. Merrifield: Thank you, Minister, for that response.

When those conversations were happening with the executives, did they raise any concerns about vacancy control?

Hon. R. Kahlon: They did not.

Many of those executives I’ve met with before. In fact, I spoke on a panel with UDI. There were, I think, 1,000 people there. Many of those executives — not all, many of them — were in the room when I was asked this very question about vacancy control. I answered it the same way that I did when I just spoke to the House Leader of the Green Party.

R. Merrifield: Just to clarify. The minister talked about it as a positive or a negative? I’m not clear with respect to how the minister was responding to the House Leader of the Third Party. Could the minister maybe just clarify as to what communication was given specific to vacancy control?

Hon. R. Kahlon: What I said to the Third Party House Leader, the Green Party House Leader, is the same thing I said to the audience that was there at UDI, the same thing I’ve said to the Non-Profit Housing Association, with their panel.

Our 2018 rental task force report, which guides our work, recommended against going towards vacancy control. There were concerns that it would not encourage new housing supply. My answer to the member from the Green Party was that his…. He was on the committee that recommended against it. My comments were that the conditions that were there then are the same conditions that we have now. Our goal here is to encourage more purpose-built rentals.

Now, the difference is…. We are not trying to encourage more SROs. This is a different segment of the housing market. It’s unique. That’s why we are taking this position.

[5:50 p.m.]

It is the same position the city of Vancouver is taking. They understand the uniqueness of SROs. They also have concerns that vacancy control brought in for purpose-built rentals as a whole would discourage new purpose-built rentals to be built, which is the reason why the rental task force recommendation was to not do that policy.

R. Merrifield: The minister has said and given reassurances to the financial institutions, whether present at UDI panel discussions or whether present at executive round-table discussions or meetings…. The minister has given assurance that rent control or vacancy control will not be utilized on mass measure because it would be a deterrent, referencing the 2018 rental report as guidance as to why that will not be utilized. The minister has indicated that the SROs are unique because we don’t want any more of them. We want more purpose-built rental rather than SROs.

Could the minister describe, then…? If these SROs then were transformed or redeveloped, as my earlier question indicated, into purpose-built rentals, would the minister see that as a success or as a negative?

Hon. R. Kahlon: It’s hard to presuppose what would happen, and that’s what I was saying. I didn’t want to get into hypotheticals, but I had said to the member that I suppose that somebody could, and they would have to follow the rules. The city of Vancouver has specific rules around what can be built, if that were to happen. The answer is the same now that it was about 45 minutes ago.

R. Merrifield: My question was actually whether or not, if a SRO was redeveloped as a purpose-built rental, that would be seen as a success. So my question was actually very different than the one earlier. It was actually to see what the minister would feel about that redevelopment.

Hon. R. Kahlon: I think creating housing opportunities for people, increasing housing supply is a good thing. Again, I don’t want to suppose what would happen. The reason why is that the city of Vancouver has clear rules on what can be redeveloped and what needs to come in place if there is a redevelopment. So because of the uniqueness of the city of Vancouver’s rules, a developer could redevelop that, but it would have to come within a specific requirement of what the city of Vancouver deems by their zoning as applicable.

R. Merrifield: As the minister knows, I’m very aware of what zoning allows or doesn’t allow. I’m very aware of how to work within those zoning bylaws and laws that are given. I’m actually asking in the most gentle way possible. I guess my fear would be that the zoning bylaw might actually allow for, let’s say, a different hotel. SROs are often built in hotel zones that allow a hotel to be redeveloped. I’m actually asking about purpose-built rental, because I think it is seen as such a huge need within our community, to give it the most gentle redevelopment possible.

If the minister does require me to look up exactly what the zoning of an SRO is and what could be redeveloped, I’m more than willing to indulge him in that. I would just take a couple of minutes. But I’m asking: what would the minister see as a successful redevelopment on an SRO site?

Hon. R. Kahlon: I appreciate the member’s question.

I think maybe we’re just missing each other here. I know the member knows about development and that her family and herself have extensive experience in it.

The uniqueness of the city of Vancouver and what is required if that were to happen is what I’m referring to. I can share with the member section 4 from the city of Vancouver of…. I can read into the record. A person must not obtain any permit for which a person has applied under the “city bylaw in connection with the conversion or demolition of a designated room; (b) attempt to convert or demolish a designated room; (c) convert or demolish a designated room unless the owner…obtains a conversion or demolition permit.”

[5:55 p.m.]

With that there’s a requirement…. I believe it’s one-to-one. A permit will result in…. It says: if the work approved by the permit will result in the loss of no more than three designated rooms in the building…. I guess that’s just a little bit vague, but there are specific requirements of what must be built.

If one unit comes down, there’s a requirement for what must come in place. That was something that…. The community fought really hard to have a policy in place. That’s what I’m referring to.

So if it were to be redeveloped, there are policies in place for those affordable units to be built as a requirement of any redevelopment.

R. Merrifield: So let’s say…. I believe that what was just read to me was actually renovation requirements of SROs. Let’s presuppose…. Let’s continue with that thought and say that a building, an SRO…. Let’s call it 100, because that’s a nice easy number. So 100 affordable units — and affordable meeting the criteria not of 361, because I don’t believe it’s a shelter rate; I believe it’s just an affordable requirement.

If an affordable building, let’s call it 200 units, was then put up, with 100 of those being affordable, 100 of them not being affordable, would the minister see that as a success?

[6:00 p.m.]

Hon. R. Kahlon: Sorry for taking a little longer. I was trying to pull up the exact policy from the city of Vancouver site. I believe it’s a one-to-one policy, so if one unit comes down at an affordable rate, the new project has to have it.

We do see some redevelopment in the Downtown Eastside with those parameters. And if there are new housing opportunities that could come online, it’s not the worst-case scenario. You could have some new units that will replace the ones that were there, and it creates additional housing opportunities for people.

So that could happen. It is a possibility. In fact, we’ve seen some projects — not very many, but we’ve seen some — come through that way.

R. Merrifield: This law allows for vacancy control to be put in place for 3,600 of the SROs. The minister has acknowledged that those units could fall into disrepair.

That would be addressed by the city of Vancouver, either through fines or through different orders, but that those could fall into disrepair. Then they could be redeveloped, and as long as they met the one-to-one standard, those SROs could be redeveloped into microsuites of 300 square feet or less that met an affordable threshold of a one-to-one unit that was created. These would be brand-spanking-new SRO units, rather than the units that were condemned.

Those units could also be accompanied by, let’s say, an additional…. Let’s double the number of units at a full market rent. A purpose-built rental building in its entirety, one-to-one replacement on the SROs, at an affordable rate, which is deemed at 30 percent of the income. And the CMHC affordability threshold is very well set. Could the minister tell us what that affordability threshold would be for those SROs?

Hon. R. Kahlon: I just want to correct one thing. The member said these buildings could fall into disrepair, and what I’m saying is that these buildings are in disrepair. They’re not in good condition. So this is not a policy change that could make them into disrepair. They’re in bad condition right now.

I can’t get into the hypothetical because the member is talking about city of Vancouver’s policies, which I don’t have in front of me. Because I don’t have the city of Vancouver’s policies in front of me, it’s hard to have a discussion about what could get built there, what couldn’t get built there, what kind of affordability would be there. We’re spinning our wheels a little bit.

R. Merrifield: I will just echo the minister’s words rather than make my own assumptions. Let’s say these SROs are in disrepair. This policy could take them further into disrepair by not having the necessary funds to actually have these buildings be maintained or replaced.

I did pull up the SRO conversion or demolition. It is a one-to-one basis. It is a 300-square-foot-or-less unit that could be used as replacement, and the affordability threshold would be well over $1,000 per unit. What is to stop the redevelopment of these SROs, or is that the intention of the minister when he says that he’s going to limit the number of SROs and basically have a phasing-out of SROs?

[6:05 p.m.]

Hon. R. Kahlon: Whether I think it’s a good redevelopment or not, it doesn’t matter, because this is a decision the city of Vancouver has to make. Proposals go to them. They have their policies in place. They have asked us to take this step because they acknowledge that it’s an important measure that needs to be put in place. But when a redevelopment is proposed, it will go to council, and council will have to make decisions according to their policy.

R. Merrifield: I don’t really like that deflect, and here’s why. This minister stands up and, time and time again, wants to celebrate the measures that have been put in place. I would call them chaotic measures — a chaotic suite of housing measures that we don’t have eyes on, in terms of all that it will yield. It’s part of a grand plan to fix housing in British Columbia, but this grand plan now, suddenly, is being deflected back to the city of Vancouver, and it’s up to them.

Well, the minister has already put the city of Vancouver on the list of not meeting its housing needs assessment. The minister has already put a law in place that allows a provincial authority to come into the city of Vancouver to take over all of the zoning and all of the approval process, which would actually not have this SRO redevelopment go in front of anyone other than the provincial authority that would be in charge.

What I’m cautioning us all here today is that this measure is so short term and so stopgap and truly shortsighted in that what could result is actually a displacement of the very people that we are trying to house and to accommodate and to protect.

Without hesitation, we are putting into place a law that could actually have a very real, unintended consequence for the rest of British Columbia while not doing what it is trying to do, which is to protect the vulnerable people that are living in these units right now, and without even attempting to increase the standard of living, without even attempting to try and invest in making these living situations better.

By the minister’s own admission, saying that these are not in…. I think the exact words were: “They are in a state of disrepair.” To say, then, that redevelopment….

I actually looked up the CMHC affordable housing threshold. All that one of these building owners would need to do…. I’m looking at, actually, CMHC’s East Hastings rental rate right now. Average rents are $1,719. Median rent is $1,600. All that they would have to do is release these one-for-one units at 30 percent less than that $1,600. We’re looking at the new rental rate for these 300-square-foot units at $1,200 a month.

I don’t declare that a success, because we need units that are actually available at far less than that, at shelter rates, but that they are not living in the conditions that we are subjugating them to today.

So I’ll ask, I guess, maybe my final question, unless my…. Yeah, it is my final question. I’m looking at the time. Oh, dear God.

[6:10 p.m.]

My final question is this. If the minister won’t answer a specific about redeveloping of any of the SROs within the Downtown Eastside, will the minister just say what success is? What does a measure of success look like?

Before the minister answers, I will turn it over to my colleague just to piggyback anything.

The Chair: Hon. Members, it being 6:10 p.m., pursuant to the time allocation….

Interjections.

The Chair: If at 6:10 p.m. the bill is still being considered at the committee stage, the Chair shall forthwith put any remaining question to complete the consideration of the bill without further amendment or debate, which shall be deemed passed and which shall not be subject to formal division call.

Hon. Members, it being 6:10 p.m., pursuant to the time allocation order adopted by the House yesterday, the committee will now proceed to finalize clause-by-clause consideration of Bill 27, Municipalities Enabling and Validating (No. 5) Amendment Act, 2024. In accordance with the time allocation order, I will now put the question on all remaining clauses of the bill.

Members, a division on the remaining clauses and the title cannot be called. In accordance with practice recommendation 1, members may request to indicate passage on division.

With that, we will proceed.

Clauses 3 and 4 approved.

Title approved.

Hon. R. Kahlon: I move the committee rise and report the bill complete without amendment.

Motion approved.

The committee rose at 6:11 p.m.

Committee of the Whole House

BILL 26 — NAME
AMENDMENT ACT (No. 2), 2024

The House in Committee of the Whole (Section A) on Bill 26; M. Dykeman in the chair.

The committee met at 6:24 p.m.

On clause 1.

The Chair: Good afternoon, Members. I call Committee of the Whole on the Name Amendment Act, Bill 26, to order.

Hon. A. Dix: I just wanted to introduce the staff who will be assisting me in answering the questions today: Katherine Thiessen-Wale, the executive director for legislation in the Ministry of Health, and Martin Wright, the assistant deputy minister responsible for the Vital Statistics Agency. They’re to my left and to my right.

[6:25 p.m.]

S. Bond: Good afternoon, Madam Chair.

Thank you to the minister and his staff.

We’re going to spend some time this evening in a session where…. This bill was introduced just two days ago, and we are now in an extended session, going past the normal sitting time. From my perspective…. The benefit, for me, with this bill, unlike my colleagues, with the previous bill, is that we are generally in favour of this bill. The time pressure seems less significant, but there is time pressure nonetheless.

Maybe we’ll just remind people the point of the bill we’re talking about. We’re in the committee stage, where we get to ask questions about the content of the bill. The bill is called the Name Amendment Act. It may not seem like a substantive piece of legislation. Certainly, from the number of sections, it isn’t. But it has a great deal of substance. It relates to offenders actually being deemed unable to change their name. We had some good, I think, comment about that during second reading.

I’d like to start. The minister is always really good. We’ve spent a lot of time in various debates with one another. I’m wondering if I could, under clause 1, in essence, just ask a couple of general questions about this type of legislation across the country. We will get into the specifics of this.

The minister has made a decision and tabled a bill that actually goes further than a private member’s bill. I support that, and I’ve said that to the minister both in briefing and in the Legislature.

I’m wondering. Could the minister tell me, in particular with relation to the criminal record check…? I don’t want to talk about the record check itself. We’ll get to that when we get to that section. But how do these requirements compare with name change procedures and a criminal record check in other jurisdictions across the country?

Hon. A. Dix: Essentially, this allows us to catch up with some other jurisdictions in the country.

Here in B.C., you have to get a criminal record check done. The criminal record check goes to the police agency, which updates the criminal record. An individual with a criminal record that changed their name…. That’s not a way to avoid your criminal record. The police update it. To get your name changed with the Vital Statistics Agency…. You have to say that you’ve done that and show, essentially, the receipt for having done that.

We didn’t get access to the criminal check information, “we” meaning the Ministry of Health, from the Vital Statistics Agency, the agency responsible for it. It was ensured that the criminal record was dealt with, but it didn’t provide that information back. That’s why, in this legislation, we’re ensuring that the agency responsible for the Name Act gets access to that.

The reason you want that is to be able to, essentially, enforce the legislation. So if someone comes up, we get access to that. We see that the person has a criminal record for a proscribed offence under the act. We’ll get into that discussion in a little bit. Then we can take action.

Essentially, this change allows us to do what other jurisdictions have already done, notably Saskatchewan and Alberta and others, which is to ensure that the criminal record check is done. It’s done here already. Fingerprinting is done. It’s done here already. The Vital Statistics Agency has access to that.

It’s only for the purposes of this. This is, obviously, confidential and private information of people. But the purposes of the Name Act…. We now have access, as other jurisdictions do which enforce similar provisions to this.

[6:30 p.m.]

S. Bond: I appreciate the answer from the minister.

I think, one of the things that…. In the period of time after the minister made me aware of the bill being introduced, I did look at what had been done in Saskatchewan, Alberta. I understand Manitoba may well be considering similar legislation almost as we speak. I don’t know how much it aligns with the work that’s being done here.

What I was concerned about was…. One of the statements by the minister of, I believe it was, Alberta, and I referenced this in my second reading comments…. He made the point that this is a Canadian issue, so his worry at the time was that Alberta and Saskatchewan had taken steps, but other jurisdictions had not. That would not preclude a person from British Columbia going to Alberta and changing their name. They wouldn’t be able…. He was very concerned about the pan-Canadian approach to this.

Could the minister just validate for me, or his staff, if indeed that is the case, if someone could…. Now we’re going to deal with it in B.C., but had we not, could a person from British Columbia have gone to Ontario and applied for a name change? Could the minister just speak to the pan-Canadian issue that this may be?

Hon. A. Dix: You do have to establish residency. It’s not a question of going to another province and changing your name and coming back or something. You have to establish residency, and that’s three months.

I would be hopeful that other jurisdictions and the other jurisdictions — notably, the province of Ontario, because it’s the biggest province — would follow now what B.C. has done. It may be that Alberta will want to follow the additional changes we’ve made here, and Saskatchewan. We think Manitoba soon, and Ontario have done that would be…. Newfoundland has already done this as well, and one other jurisdiction, which is…. Alberta, Saskatchewan, Newfoundland, and Manitoba is proceeding it. So that’s four; we’re five. If all of the jurisdictions in Canada act in this way, then that would be a good, consistent law.

I would hope and certainly be encouraging my fellow health ministers or the minister responsible, maybe someone else in another jurisdiction, to take exactly this action because I think a national standard and having all the provinces act would be a good thing. They may be slightly different, and they may take a slightly different view on the issue of “not guilty by reason of mental disorder” than we do, but I would hope that, in general, all the provinces in Canada will follow this path.

That would be the best, I think, for Canadians, for public safety, for families and for everyone involved.

S. Bond: The minister has anticipated where I was actually going to go.

When I read the commentary and the documents that were published in other jurisdictions, one of the things that minister of the day said was…. I think it was in 2020, as early as 2020 in Saskatchewan and 2020 and 2021 in Alberta, something in that time frame. One of the things that they really wanted to do was advocate for there to be a pan-Canadian approach to this.

I would agree with the minister. When you have to establish residency, it’s not a matter of, you know, driving to another province and getting your name changed. On the other hand, there is a principle behind this, which I think is why the government and the minister have chosen to proceed in this way, and that is to protect victims, to protect the people who have been harmed.

My question was going to be: would the minister then advocate at the pan-Canadian tables that he’s a part of to ensure that we have if it’s not identical at least a fairly consistent approach to making sure people are not in a position to be able to do that?

[6:35 p.m.]

Hon. A. Dix: Yes, I would, and yes, I will.

Clause 1 approved.

On clause 2.

S. Bond: Obviously, this is…. There are very substantive sections in clause 2, and I very much appreciated the briefing that I received. As I understand it, this is the section that will replace the previous section, and this is where the substantive change takes place. First of all, can the minister just confirm that’s the case?

Hon. A. Dix: Clause 2 is the key section of the bill. Should other members…. I know some other members may wish to participate. A lot of the questions will be on this, but we’re flexible on these questions.

This is the key section. It’s a new clause 4.1 that creates the prohibition against legal changes under the specific circumstances. So in some ways, this is the key clause of the bill, although the others are important.

S. Bond: I wanted to just ask a question about sub (1). The minister…. Certainly, having sat in the minister’s chair and dealt with legislation for many years myself, there is always a debate about the use of the word “may” versus “must,” “can,” “should” or “will,” for example. When we look at sub (1), it says a person “may not change the person’s name.” Was there any thought given to just the use of the word “may”? We know that in lots of legislation, it’s “may,” “must,” “can” — whatever it happens to be.

Does the minister believe that this clearly says they will not, a person will not, cannot…? The word “may” is just…. It feels at times like it is not definitive enough. Could the minister just address the choice of the use of the word “may”?

Hon. A. Dix: The purpose, the intent — these are drafting choices. We’ve had some of these discussions on other bills. This means you can’t change your name. That’s what it means.

S. Bond: In 4.1(1)(a), this is really, I think, where there is probably the most significant number of questions. Again, I would describe this as an enabling bill, and that in essence, there will eventually be a list of prescribed offences.

I certainly remember the dilemma when you try to put a list in legislation, always challenging because you either leave some out or you put some in you don’t intend to, and then you have to come back into the Legislature to make those adjustments. So I understand that this will be done by regulation.

Having said that, I’m very interested…. I know the minister, in announcing that he was moving forward with this bill, did speak to two or three potential offences that would be prescribed in regulation. I’m wondering, though, if the minister has a more fulsome list that relates to the prescribed offences.

Well, let’s start with that. Is there a more fulsome list of what might be captured in regulation?

[6:40 p.m.]

Hon. A. Dix: If we look at (c) and (d), which describe two of the prohibitions for dangerous offenders and long-term offenders, those include a series of offences — such as murder, such as sexual assault — that are included in those. So those are included in those parts.

In addition, other jurisdictions that have prescribed offences have included — for example, Alberta and Saskatchewan — offences additional to that. So those are there already. They’re in. Some of the ones that have been prescribed additionally in Alberta and Saskatchewan, I would….

The following list will absolutely be prescribed here: sexual exploitation of a person with a disability, incest, bestiality, compelling the commission of bestiality, removal of a child from Canada, and some that are sometimes defined as secondary offences, including voyeurism, indecent acts, trespassing at night, murder, manslaughter, criminal harassment, kidnapping, abduction of a person under the age of 16, abduction of a person under the age of 14, extortion.

That’s what they’ve done. The reason we’re doing regulation is that we want to look at all of them to see if they’re in addition to what is already captured under (c) and (d). In addition to this list from Alberta and Saskatchewan, are there other offences that we should also prescribe? We’re going to do the full review of that in the next month or so, publish that, and those will be the prescribed offences. That’s the process.

What you’re going to see in the legislation is all the things you would expect to see already there, and then prescribed offences that may not be captured there that we’re going to add as well, to ensure that it’s a comprehensive list.

We will be informed by Alberta and Saskatchewan, but not limited by Alberta and Saskatchewan. We think that there are a lot of offences, different offences, under the Criminal Code to meet different circumstances. If you commit an act with explosives, it has a specific sentence. Those are captured.

Then we’ve got to look at what Alberta and Saskatchewan do, and then we’ve got to look at the full list of offences to make sure. That will be in consultation with the people of the Ministry of Public Safety and Solicitor General in particular. Obviously they’re more expert in these areas than the Ministry of Health is, just in a general sense.

We’ll do that work, and then we’ll publish the full list of prescribed offences. That’s the way the legislation will work. Of course, that also gives us the capacity to do that without calling the Legislature back just to add a prescribed offence.

S. Bond: Thank you to the minister.

That is the utility of regulation. It is also more challenging because, in essence, it doesn’t see the light of day before…. From a public scrutiny perspective, more broadly…. But in this case, I certainly understand the need to, first of all, move quickly. I appreciate the fact that it is, basically, a cumulative list when you look at what we’re going to discuss in (c) and (d).

I’m wondering. The minister said that there would be work done, and there would be conversations, with the Ministry of Public Safety, which, of course, makes perfectly good sense. Are there other organizations, agencies, people…? Is there anyone else that the minister intends to, or feels it’s necessary to, consult with as the regulations are being prepared?

Hon. A. Dix: There may be people with opinions, but primarily, in addition to that, the RCMP itself and policing agencies. They are our partners in this process already. Every name change goes through them so they can update the national criminal records registry. So they would be our partners in this as well.

[6:45 p.m.]

Those would be the primary groups that would do that. Others may seek to be heard on this question, and I wouldn’t exclude that. But what I would expect to see is all the offences captured already by (c) and (d) in the legislation, plus prescribed offences. We may choose to even prescribe some of those.

Then I think the ones in Alberta and Saskatchewan already seem reasonable to me, and we would go forward with those. Then we need to look at all the others and get counsel and advice. It may be that as we add to it, that will affect the regulatory decisions in those other jurisdictions as well. We want to take a fresh look. I don’t want an offence that I think would be appropriate to these circumstances not to be captured by the legislation.

S. Bond: First of all, I’m very glad to hear we’re talking to law enforcement. That makes eminently good sense, and they are the people who are going to have to work through this as well. There is so much…. It is very compelling to think about a more pan-Canadian approach to this. Offences happen in every jurisdiction in our country, sadly and horribly. I would imagine that the minister probably has a platform for this kind of discussion now because of what has happened with Mr. Schoenborn.

Certainly, even as the minister introduced the bill here, it was being covered in news stories in Alberta, Saskatchewan and Manitoba, not only because of where they find themselves, but also the work that Manitoba is currently doing. I’m encouraged to think that this is an opportunity for British Columbia to say: “This is what we’re doing. Let’s look at how we do this across our country to make sure that our primary focus is on victims and families of people who have seen and experienced horrific circumstances.”

I appreciate that. I think the other thing…. I do concur that the minister is not necessarily going to have every offence, necessarily, at the beginning. Regulation allows that to be added quickly and efficiently. I do appreciate that approach.

I know one of the things that, at least, was described to me by the minister and staff that moves this piece of legislation beyond where other jurisdictions have gone is sub 4.1(1)(b). This is related to not being criminally responsible on account of mental disorder. I guess I think that…. We know that in….

As we look at the case that everyone is so familiar with now, is it accurate to say that with the addition of sub (b), a situation like that of Allan Schoenborn would be prevented in British Columbia?

Hon. A. Dix: Yes, it would. I think, just so that the committee understands, that has a different challenge. It will have an administrative challenge, which we believe we can deal with simply and easily.

When you do a criminal records check, you pick up criminal offences. If someone is not guilty by reason of mental disorder, it’s not in their criminal records check. In British Columbia, there are not a significant number of people who have been found not guilty by reason of mental disorder for a prescribed offence. That’s not a long list, but it will require additional work by the Vital Statistics Agency as they review records.

I wanted to put that practical challenge on the table. With all the prescribed offences, it’s straightforward. We do a criminal record check. The offence comes up. They can’t change their name. That’s simple. But we feel this is something that we can practically do here in British Columbia.

We’d be greatly helped in that if other jurisdictions followed that route. But what the focus is here is ultimately not on that question of whether a person is not guilty by reason of mental disorder, but on the offence. So when we think of…. What we’re focused on here, if we use that case as an example, is what happened in 2008. Now it happened in 2011, after the proceeding went forward.

[6:50 p.m.]

I think that’s the important question here and why we looked at that question. Our staff did really important work in the weeks, because this was obviously the direction that we wanted to take. That will present some challenges for the Vital Statistics Agency. They’re up to those challenges, I think.

It’s just an important additional part of the act, because you can see the technical challenge. For someone to be not guilty by reason of mental disorder, it means that they don’t have a criminal record for that offence. However, we feel that that’s not a huge class of people and that we’ll be able to implement, for the purposes of the Name Act, that provision. We felt that it should apply in that case.

I think in general, I heard members of the House agree to that, including the Leader of the Opposition, who spoke to it — and the member for Prince George–Valemount, and others. I think it’s the right decision. It puts the focus on the act committed, which, of course, is felt no differently by those who are either directly the victim and survive, the subject of an offence or, alternatively, family members in the community.

It’s the act committed that leads to such distress. I know, in talking to the member, for example, for Fraser-Nicola, that she certainly, in that case, expressed that to me.

S. Bond: I want to be sure, then…. I appreciate that clarity, because I hadn’t actually made the connection between being not criminally responsible because of a mental disorder and how you actually capture that. The minister has assured me that there is a way to do that.

Is it a matter of adding additional checks? What is the practical way, when a person has that circumstance not captured on a criminal record? Has Vital Statistics looked at that and said: “We have a way to make sure we know when that is the case”?

Hon. A. Dix: I think we have. That will be part of the implementation of the legislation — to ensure that that’s the case.

I think one of the…. Just to be clear what would happen, people would understand that they’re not eligible for a name change. So what we have to do is put in measures in case people decide to attempt to do so, in spite of the fact that they know it’s not allowed. We have to have provisions to do that. We’re confident the Vital Statistics Agency will be able to do that. They’re working on that part of it now.

It’s a different sort of administrative challenge than the prescribed offences for which people are found guilty, because those are subject to the criminal record check.

S. Bond: Well, I will look forward to having a better understanding in the future about how that will be done, from a technical perspective.

The minister referenced it, and I certainly understand it. Legislative language, however, is never straightforward. Could the minister just reflect again for me on the part of sub 4.1(1)(b) that actually talks about how “the act or omission that formed the basis of the offence charged was an offence to which paragraph (a) of this section applies”?

I assume that is the conversation the minister just had with me about the focus being on the offence itself. Could the minister just walk through that for me and confirm that I have described that accurately?

Hon. A. Dix: Those will be the same offences that are designated. If you’re not guilty, by reason of mental disorder, for those offences, it will absolutely apply. That’s the intent, and that’s what the bill has been drafted to do.

[6:55 p.m.]

S. Bond: Could the minister just, for the record…. Because the bill is explicit in sub 4.1(1)(c) and then sub (d), obviously, the definitions related to “dangerous offender” and “long-term offender” are aligned with the Criminal Code. One would expect that to be the case.

Could the minister broadly describe the difference between the two or the characteristics of the two types of offenders? In sub (c), it’s “dangerous offender.” In sub (d), it’s “long-term offender.” Are there overlapping characteristics? Perhaps just a general description of what the two offenders are defined as under the Criminal Code.

Hon. A. Dix: I’m really benefiting from the fact that Katherine has better handwriting than I do here, I must say. I may say, fairly.

On “dangerous offender,” what does it indicate? The member will know that in 2020, there were 874 people in Canada that had that designation, 85 percent of whom were in custody, while 15 percent were on conditional release. That’s a little of the background.

What does it mean? It’s an assessment of dangerousness focused on the future safety of the public. They focus on decisions of whether the person can be released on bail or needs to be remanded in police custody, decisions relating to their confinement, decisions about their suitability to be released.

[R. Leonard in the chair.]

The purpose is to detain offenders deemed too dangerous to be released into society because of their violent tendencies, but their sentences would not necessarily keep them incarcerated under other legislation. There is a reverse onus in the law: an offender found guilty of a third conviction of a designated violent or sexual offence must prove that they do not qualify as a dangerous offender. That’s the dangerous offender.

On the “long-term offender,” it’s a reflection and opinion of the court that a sex offender who, while exhibiting a substantial risk, could be effectively controlled in the community after a period of incarceration lasting two years or more. It’s not at the level of a dangerous offender, but it’s significant. It targets those offenders who have a high likelihood of committing further sexual assaults but do not meet the criteria for designation as dangerous offenders.

The designation is premised on the assessment of risk of reoffending that indicates that the offender may be managed in the community with appropriate and focused supervision and intervention, including sex-offender treatment. A maximum of ten years of supervision can be imposed.

Now, this is the federal Criminal Code. This isn’t us, but we’re using that as a basis for saying that people in those categories automatically are not eligible for a legal name change.

S. Bond: The explanation I received, which was very helpful and I think it would be important to have it on the record, is related to sub 4.1(2). That is where it includes the “for certainty” piece. How does that enhance the clarity or enforceability of the law?

[7:00 p.m.]

We know that legal language needs to be precise and, certainly, unambiguous. Could the minister describe for me what the “for certainty” subsection intends to do?

Hon. A. Dix: It’s to provide certainty that individuals that are found dangerous or long-term offenders, in relation to any offence, not just those prescribed under the Name Act…. This is in addition to those. If they’re designated in such a way, they can’t change their names. We’re saying: “These are the prescribed offences. In addition to that, if you’re guilty of something that’s not, for whatever reason, a prescribed offence, but you are in these two categories, you can’t change your name.”

S. Bond: So it’s to add additional clarity to say that there are prescribed offences, and there are dangerous and long-term offenders. But if, for some reason, you are captured under one of those designations, prescribed or not, for certainty, you cannot change your name. Is that correct?

Hon. A. Dix: That’s exactly right. We didn’t want some­one who was found to be dangerous or a long-term offender in those categories — but who, for some reason, didn’t offend in that way — to somehow escape the provision because their offence wasn’t prescribed. They’ve been designated that way, and that means they can’t change their name.

S. Bond: I wanted to ask, when it comes to…. We’ll finish, and then I want…. On this sub (3), this is important also for us to clarify, where a young offender may be impacted. As I understand it, if a young offender is sentenced as an adult and fits in the categories that have been listed and that we’ve been discussing, they would not be excluded from a name change. Is that correct?

Hon. A. Dix: The purpose of this is to achieve the result that we described, and it’ll also be dealt with in some other sections of the bill later on. What this says is that if you’re a youth, this doesn’t apply to you, under the Young Offenders Act. But it means that if you’re not charged and if you’re sentenced as an adult, it applies to you.

S. Bond: I’m interested in the timing. I did appreciate the fact that yesterday the Premier did talk about this legislation as time-sensitive. I agree with that. We obviously need…. And it will be passed in a timely way because, whether we like it or not, it will end today.

I’m wondering if the minister could give me some sense of the timing. He’s referenced it a couple of times in terms of months, certainly not years. What is the timeline for drafting the regulation that we’re talking about for prescribed offences, any other regulation that needs to be drafted? Does the minister have a workplan and a timeline?

Hon. A. Dix: Yes, I do. I think we’re looking at the next two months, maximum. That’s my expectation.

The member will know that we’re entering into an electoral period — in August, September, October, essentially. It’s my expectation and my strong wish that we’re going to complete it in that time and that this will be dealt with by the cabinet with me, as the Minister of Health, bringing it forward, essentially in the next two months. I think probably the final possible session would be the third week in July.

That’s kind of our time frame to do all that work, to make sure we have all the prescribed offences and have put them in place.

S. Bond: This brings me to a question…. I know we have other sections where we’re going to talk about the process for criminal record checks, etc.

[7:05 p.m.]

I guess the difficult part is that…. I think we are obviously taking a step in the right direction. The concern continues to be related to…. We are candid about this. There is a catalyst for this bill. While there have been other name changes, certainly I think the public reaction and government quickly moving to deal with this says how people feel about this.

Are there any circumstances…? First of all, are there people now in the name change process who’ve made application? I don’t think they’re done instantly. What do we do about people who may well have applied now, and in the next two months, we’re going get all the regulations in place? Is there a process to deal with people who may actually be in the middle of the process at the moment?

Hon. A. Dix: First of all, anybody who applies now, or let’s say they heard about the bill coming forward, will be captured, because the process takes approximately 21 weeks, so they’ll be captured in that. If someone is in the process now, that is something we’re looking at. I mean, it is conceivable that someone would have applied some period ago, and there may be other actions we can take to deal with that.

These are changes we’re making now. And really, no one who has knowledge of these changes can rush forward and get their names changed, basically. In that sense, we’re in a good position to deal with everything.

Then once the bill is brought into force, the Vital Statistics Agency has access to the criminal records check, and that’s pretty straightforward and clear. For anybody who might be following this and thinking they can go forward with a Name Act change now, it won’t work. You won’t get your name changed. The law will apply, assuming, of course, that it’s passed by the Legislature in the next couple days. But with the support that we have, I think that will be the case.

S. Bond: That was precisely the concern that I do have. It’s not the ones that are contemplating it for 21 weeks from now. My worry is: what if they’re at 19 or 18 or 17? I think it’s really important that there is a way to determine that if there are people in that circumstance, what we would do about that.

In the worst-case scenario, if a name change were to proceed…. And I’m not being critical. I’m simply saying when you look at timelines, we have to figure out where people are in this process. I mean, the other thing I would assume is that if that name change were to proceed, despite the fact neither one of us nor our teams want that to happen, there would be public notification of some sort.

I know that the certificate, for example, of name change for Allan Schoenborn was issued, “given under my hand,” on the 13th day of May 2024. So all I want to do is ensure we know who’s where in the process, with the intent to make sure that, wherever possible, we preclude this from happening. Maybe the minister could just speak to that.

[7:10 p.m.]

Hon. A. Dix: That would be certainly the intent. In this case, the name change occurred in 2021, I believe. Then the registrar general shared the name change, consistent with the act, with the family this week, upon their request on Monday. I’m very glad that they did that.

So the registrar general does have some options in terms of the publication of names. But we want to move quickly on this so it’s in place so we’re not dealing with that process. Certainly, everyone from this point on who wants to change their name will be captured by this. That’s where we are now.

S. Bond: I know I already know the answer to this, but I feel compelled to ask it. Retroactivity is not a possibility or a consideration, when we know how devastating the ability to have a name changed is for families. I guess I just wanted to ask that question on the record and hear the minister’s response.

Hon. A. Dix: There’s a long answer to this question of retroactivity, but really, the answer is no. That was the law when that happened. That said, I’d just say, in the case of Mr. Schoenborn and others, these moments are very difficult moments, the annual hearings for the B.C. Review Board. So it’s certainly my strong wish, and it’s why we wanted…. Of course, the family wanted the name, and the registrar general followed the act and gave them the name.

But all of that is hard. Introducing this legislation is hard. The name comes up. You know this. I’ve mentioned this in the House, I think, in closing debate. Family members on both my wife’s and my side have been murdered. And every time there’s an anniversary, because they are quite well-known events in both cases, it’s hard. The grief never ends.

We don’t want repeated issues around these issues. I just want to say to all the family members that I think you saw a number of cases referred to that are high-profile cases and involved…. I think for all family members who have, for example, lost loved ones or loved ones have suffered serious injury, these are hard issues. While they tend to be, often are, great advocates for their family members, advocates for reform, advocates to make sure it doesn’t happen again, it’s hard every time.

I want the member to know and the House to know that that was a consideration. I think the family is strongly supportive of the action we took, but it’s still a consideration every time these issues are raised. Every hearing, every event is a painful event.

Clause 2 approved.

On clause 3.

S. Bond: I appreciate the minister’s words. It’s unimaginable, I think, for people who have not ever experienced that, to think about what it would be like. I am grateful for people who support families and speak up and advocate, and it’s inspiring to see how people who’ve gone through horrible, heartbreaking circumstances use that as their strength.

We had people in the Legislature this week in that circumstance who lost a child because of air quality. They were here, and my colleague spoke so eloquently and introduced a private member’s bill, and none of us are not moved by that, that in the depth of your grief, you want to make a difference. I think that is unbelievably inspiring.

I’m very grateful to my colleague. That day was very emotional for all of us, for that family, and every legislator understands the importance of trying to improve the situation after going through horrible and unthinkable grief.

[7:15 p.m.]

I wanted to talk about…. Obviously, clause 3 is about criminal record checks. I do have some questions about, in essence, the type of criminal record checks. While there is a requirement in the act for a criminal record check, there’s no definition of the criminal record check and no reference to the Criminal Records Review Act. So what type of criminal record check is required under the new clause? Is it a name-based criminal record check or a certified criminal record check?

Hon. A. Dix: All these criminal records checks will be through the RCMP. The purpose here is for us to receive the results of those from the RCMP. There really isn’t another kind of criminal records check here.

That is, by the way, the case now. You have to do it, but prior to this, you only had to show your receipt of payment for such a criminal records check, to make sure that your criminal record was updated with the new name. That’s the present structure. Now that will happen and the Vital Statistics Agency will get a copy of it. I’m not quite sure about certified or not, but there’s really only one place to get a criminal record check done, and that’s through the police process.

S. Bond: My concern around that, the type of record check…. I understand, you know, the requirement and the connection now to the registrar general when it comes to the information.

I’m certainly not an expert, but I have been the Solicitor General, and one of the things that we know is that name-based checks do have weaknesses, right? When you’re looking at a name-based criminal records check, sometimes people end up, because of spelling, because of all of those kinds of things….

Actually, the RCMP would tell you when they talk about criminal records checks that name-based checks have weaknesses in verifying a person’s identity due to some last names being the same, differences in spelling, uses of nicknames. How will the registrar be equipped to ensure those weaknesses are addressed?

Hon. A. Dix: There’s also a fingerprint requirement here with the RCMP, so it’s not just all of that. All of that is necessary, but there’s also, in the present process and future, a fingerprint requirement. The RCMP does this very well. That’s part of the process. It’s not just issues of different names or slightly different names that are involved.

Of course, everyone here…. Often people do seek name changes to clarify different names on different documents at different times. That’s part of the reason they do it, but in this case, it’s a criminal record check, and there’s fingerprinting.

S. Bond: Has there been any consideration about what happens if a person receives a pardon?

Hon. A. Dix: First of all, I think in a general sense, the pardon is for lesser offences than these. But it’s our view that you still wouldn’t be able to change your name. It’s connected to the offence.

S. Bond: Thank you. I appreciate that clarity. I certainly understand the degree of what is required to get a pardon. You just want to cover every base here to make sure that we create legislation that is as effective as possible.

[7:20 p.m.]

In the criminal record check section, 6.1(1), there are a variety of ways to get your…. The registrar general, where you actually get a record check. There are actually two streams. Either the person or the registrar general can require the…. There are two streams to get your criminal record check. One is by the person or, two, by the registrar general.

What criteria would the registrar general use to determine which of the options should be required for a person applying for a name change? How would it be determined which one is required?

Hon. A. Dix: People get them themselves, but this allows the option, if, for whatever reason, a person couldn’t do it themselves, for the registrar general to be able to do it, effectively, for them.

S. Bond: That was a very clunky question for a pretty straightforward answer, I would say.

Hon. A. Dix: It’s usually the reverse.

S. Bond: No, I think we both have our moments on that front.

To the minister, is there a circumstance where the registrar general would not verify the results of a criminal record check?

Hon. A. Dix: No.

S. Bond: Thank you to the minister.

If we look at 6.1(2)(b), what specific regulations, if any, govern the requirements that are noted in (b)?

Hon. A. Dix: What we’re doing here is allowing ourselves the ability to make regulations. We’re not certain that we need to do so. This comes up as the regulation authority in section 6 of the bill.

What we’re allowing ourselves is the ability, if we need to, mostly for, I think, reasons of efficiency in the process…. If we feel we need additional regulations, we’re giving ourselves the capacity to do that and then to act in accordance with those regulations.

S. Bond: Moving on to subsection (2)(c). Are there thresholds or standards…? The description is that the requirements must be met to the satisfaction of the registrar general. Are there standards or benchmarks that have to be met in order to meet the test of the registrar being satisfied?

[7:25 p.m.]

Hon. A. Dix: The provisions are threefold under subsection (2) here. Within 30 days. That means you’ve got to get the criminal record check and then apply. You can’t do it nine months from now. That’s the purpose of that.

We talked about (b) and (c). It says that if there’s any ambiguity here, then the registrar general can say no. It gives them the capacity to say that if there’s any ambiguity about whether there’s a problem with the criminal records check, the registrar general has the ability to say no, and that’s what the satisfaction here means.

S. Bond: Sub 6.1(2)(a) does note the specified 30-day period. So what are the consequences if that is not met? I’m assuming it just does not proceed.

Hon. A. Dix: That’s right, exactly. When you’re going through this process, you’ve got to get your paperwork done. It’s absolutely, in some ways, a life-changing process where people take it very seriously, but if you’re getting a criminal record check, then that 30 days applies. If you don’t make that, then it doesn’t go through.

S. Bond: Just a question related to…. Does the registrar general have the ability…? Under what circumstances would the registrar general consider waiving a criminal record check? Or is that simply not permitted?

Hon. A. Dix: Not permitted.

S. Bond: One of the concerns that I do have…. We hear frequently…. I can imagine these would be fairly high priority when it comes to a criminal record check, but we do know that there have been challenges with wait times and overall processing, the ability and capacity for getting a criminal record check if you’re part of a general public. Does the minister anticipate that this will add any additional impacts to wait times or processing? Has that been a discussion with the RCMP to ensure that this is manageable in a reasonable amount of time?

Hon. A. Dix: If there is not a criminal record, it may — and we’re going to work very hard for this not to be the case — add a week to the processing process. It may. We don’t necessarily think it will, but it could. If there is a criminal record, because then it has to be transferred and worked, it’s going to add some time. We think up to 120 days if there’s a criminal record involved in the name change.

In other words, if the criminal record check comes back that you have a criminal record, the process of going over that at the Vital Statistics Agency will add time to the processing of that Name Act record for the person who has a criminal record but not for a prescribed offence. In the case of a prescribed offence, it’s very straightforward.

Clauses 3 to 5 inclusive approved.

On clause 6.

S. Bond: I believe, if I paid attention in the briefing appropriately, that this might be the part where we talked about the young offenders or at least a different circumstance. Could the minister provide an example of what a different circumstance may be in this particular section?

[7:30 p.m.]

Hon. A. Dix: What this does…. We had this discussion. I think the member was supportive of this previously. The young offenders charged and sentenced as adults can’t change their names. This provision allows us in the future to consider young offenders charged as young offenders to make regulations for certain prescribed offences that they would also have this apply to them. We don’t intend to do that now.

This is for young offenders charged as adults. But this gives us the regulation-making authority, if that is seen as required in future governments, to be able to do that. That’s the purpose of this provision, with respect to people charged under the Young Offenders Act, not as adults.

S. Bond: So not intended at the moment, but this is the regulation-making authority being provided in advance so that in the event that there were consideration for a young offender charged as a young offender, the government of the day, the minister of the day, could then consider future regulation?

Hon. A. Dix: That’s exactly right. We took the view in this legislation that young offenders sentenced as adults shouldn’t be able to change their names.

For the moment, we take the view that young offenders sentenced as young offenders…. That should not apply to them. But in our review of these matters, that might change, and this allows us to address that issue by regulation should that be required for prescribed offences.

Clause 6 approved.

On clause 7.

S. Bond: Could the minister describe for me what section 7…? This relates to not changing a child’s name. I know it was described to me as it was a remote possibility, but perhaps the minister could just describe what section 7 is intended to do related to the Adoption Act.

Hon. A. Dix: This is dealing with a potential loophole. Young offenders charged as an adult and sentenced as an adult can’t change their name. This is dealing with the potential that that person could be adopted and get a name change through that route.

Our teams and the ministry and the Ministry of Attorney — we’re looking at…. We want to apply this. Young offenders charged as adults for prescribed offences, serious offences — there isn’t a way around that through the Adoption Act for a young offender in those circumstances. That’s why we’ve made this amendment to the Adoption Act.

Remember, the Adoption Act is applying to children 18 and under, so that circumstance could exist. It’s our intent and the intent of the letter of the bill to ensure that that doesn’t happen, and this just avoids that potential loophole from emerging.

Clause 7 approved.

On clause 8.

S. Bond: Again, I think this is just to ensure that if a person cannot change their name, their birth registration cannot be altered. Is that correct?

Hon. A. Dix: Yes.

Clauses 8 and 9 approved.

Title approved.

Hon. A. Dix: I move that the committee rise and report the bill complete without amendment.

Motion approved.

The committee rose at 7:35 p.m.


PROCEEDINGS IN THE
BIRCH ROOM

Committee of the Whole House

BILL 21 — LEGAL PROFESSIONS ACT

(continued)

The House in Committee of the Whole (Section C) on Bill 21; H. Yao in the chair.

The committee met at 3:38 p.m.

The Chair: Good afternoon, Members. I’m calling the Committee of Supply to order for Section C. We are currently on Bill 21, Legal Professions Act.

On clause 7 (continued).

M. Lee: Can the Attorney General please describe what the risk of harm to the public posed by the practice of each legal profession is?

[3:40 p.m.]

Hon. N. Sharma: This is a little bit of a different concept from what is in the current Legal Professions Act. It actually allows the new regulator to, if you will, regulate proportionately.

For example, if the risk of harm of a certain activity to the public is lower, then you would expect the regulation to be lower or less burdensome, whereas if it’s higher, the risks are higher, based on the type of activity, and you could set out the regulation proportionately to that. So it gives the regulator that flexibility when assessing harm to the public.

M. Lee: Can the Attorney General please describe an example of each of the categories of legal professions? It refers to the practice of each legal profession. So can she provide an example of risk of harm to the public posed by each of the regulated legal professions, including lawyers, notaries and licensed paralegals?

Hon. N. Sharma: Okay. So I’ll go through each of the professions that would be either covered in the future or are currently under the new single regulator.

One with lawyers. I think, as the member is aware…. He would know that one example of how you would want to make sure there are regulations is around the use of trust funds and the misuse of trust funds and how that might be. I think that holds true also for the notaries, in that regard. Also, there are anti-money laundering rules or regulations we might want to put on around, and that would be for lawyers and notaries.

In terms of the paralegals, we wouldn’t be able to speculate at this point, because it would depend on the process and the scope of practice that’s set out, but this tool of that section gives the regulator the ability to design a regulatory regime that’s proportionate to the risk of harm.

M. Lee: This new bill has this provision in it. It also has a provision that we’ll come to in clause 11, which refers to public interest but does not actually define public interest. Here the Attorney General is naming a number of things that, for example, are concerns — let’s say trust funds for lawyers.

Is the Attorney General suggesting that the Law Society of British Columbia and the Legal Professions Act currently do not properly address the management of trust funds?

[3:45 p.m.]

Hon. N. Sharma: No, I’m not suggesting that. It’s that the new regulator would have to have the current tools of the current regulator for both the notaries and legal professions.

We think that with the improvements with the language, to be able to do the same thing, which is to make sure that the risk of harm to the public with things like, for example, trust funds…. It’s that they were able to regulate on that.

M. Lee: This provision is one of the examples, in terms of the architecture of the bill, that speaks to the concern relating to government control. This is a government-controlled regulator that now is talking about risk of harm to the public. The actual clause is phrased in a way that suggests that the practice of each legal profession is somewhat harmful to the public. There’s something inherent in the practice of law, the practice of notaries or the practice of licensed paralegals that is risky. There’s a risk of harm to the public.

Is this the kind of concern that this government-controlled regulator is intending to address in the way it’s addressing and framing the legal profession?

Hon. N. Sharma: One of the articulated roles for the legislator, not only in case law but also just in practice, is to be in the position of protecting the public. It’s just a common practice that regulators for all professions, including the current Law Society, have a role to protect the public with respect to that practice. By and large, people aren’t going to break the rules, but if there are a group of people that are, then the regulator needs to have the tools to do something about it.

I will note that these are…. To the member’s comment about government control, which I disagree with pretty strongly, the rules that we list under these principles would be completely made by the regulator, not government.

Clause 7 approved.

On clause 8.

M. Lee: Is the Attorney General…? I presume she’s had the time or the opportunity to consider the letter that I see a copy of here. I received a copy from the Canadian Bar Association, British Columbia branch. This is dated May 14, yesterday’s date, relating to the progress in the Legal Professions Act. It has provided an update relating to the engagement.

We have spent a considerable amount of time on Bill 21, certainly in my participation on this bill at committee stage, talking about the lack of consultation, the lack of transparency, the lack of engagement with the legal profession in this province. The CBA, B.C. branch has again expressed grave concerns relating to the progress that’s being made on this bill, and the absence of true engagement and broad consultation.

They’ve said that they’ve now held 13 consultation sessions, and that’s given them some preliminary results and underscored the continued concern, which actually relates specifically to many clauses of this bill. We just talked about one of them, in terms of clause 7, but in terms of clause 8, the actual composition of the board of the regulator….

Again, as the Attorney General has heard time and time again, including from myself, the concern is that the majority of that board needs to be elected directly from lawyers themselves. That process would be reflective, certainly, of diverse voices, including Indigenous and racialized lawyers. Currently the composition of the board under clause 8 does not have that. It only has a minority, which is five directors, who are lawyers elected directly by the legal bar or the law profession itself.

[3:50 p.m.]

So what this letter from the CBA of British Columbia is addressing is that with the composition of this board, only five elected and four appointed lawyers, that’s not sufficient autonomy from the other board members, government and political influence, to be classified as independent — that is, the appointed board members themselves.

As the Attorney General has heard time and time again…. Certainly, I’m sure, she had heard that during the non-disclosure period where she was getting feedback. I don’t know because it was behind non-disclosure agreements, of course, and those organizations are still bound by those NDAs.

Having said that, the CBA of British Columbia, having consulted with 8,000 members to date, in their consultation session after Bill 21 was introduced, is speaking very loud and clear to the Attorney General to pause the progress on this bill in order to help reshape the legislation to ensure that the details are properly engaged on, in terms of the final form of the bill itself, and the impact on the rights and freedoms of British Columbians. They truly require greater transparency and more meaningful consultation, which has not occurred to date.

Can I ask the Attorney General if she could please respond to the concerns that I presume she has seen in this letter? I certainly have a copy of it if she wants to see a copy of the letter.

Hon. N. Sharma: I’ll start by saying that all parties were in agreement of a single-regulator model. When you step into the realm of a single-regulator model, you would expect there to be representation from all of the professions on that governing body and in that institution. So our discussions were also with the notaries, the B.C. paralegals and the lawyers in terms of the composition and makeup of this clause that we are talking about, which is the board of directors.

Through those discussions, we heard concerns from all parties. We heard issues that they wanted addressed, and we struck a balance in terms of the composition of the board. However, one thing that was very clear from the lawyers is that the independence of the legal professions and the lawyers is something that’s very important, and we took that into consideration with respect to the composition of the board.

I’ll just note, and I did in detail, about all the steps we took even before the intentions paper to sit down with bodies that are particularly interested, like the Law Society, the notaries society and the B.C. paralegals and we received submissions from the CBA and the Law Society after the intentions paper was released.

I want to note specifically what was submitted to us. This is from the CBA of B.C., in their submission. “In order to ensure self-regulation, the majority of the board must be licensees subject to regulation…the majority of which should be lawyers. A smaller, more agile board composition is needed to be consistent with effective and modern regulatory operations and should comprise a mix of appointed and elected members.”

In the Law Society submission, they noted: “In our view, self-regulation of the legal professions requires that a majority of the board that governs lawyers are themselves lawyers and a majority of the lawyer directors are elected.”

[3:55 p.m.]

In the makeup that you see in section 8, we have met all of those criteria in the submission, in our view. Not only is there a majority of lawyers, the majority of the elected side are lawyers, and it’s made up of a mix of appointed and elected members, and it’s a smaller, more agile board.

Not only that but it includes the representation of notaries and paralegals, I think, in an appropriate way. Government’s composition and ability to appoint is reduced from the current model. The Attorney General is no longer a board member as of right, and the government’s appointees, directly, go from six to three. We think that this was a very thoughtful approach, based on the balancing of not only all the professions but also the input that we received along the way.

M. Lee: I would think that this is really the nub of the issue here. We have the Law Society, the Trial Lawyers, and I’ve heard from the criminal law bar here in this province. We know about the B.C. Civil Liberties Association, the B.C. legal reform group, as well, and the CBA of B.C. They’re all saying the same things to this government. A number of these bodies are poised and engaged to bring a constitutional challenge on Bill 21.

This is the reason why we spent the length of time understanding how this government got here, despite all of the concerns that have been raised. The Attorney General’s response just now continues to demonstrate a gap in understanding and a gap in clarity here. This is how this government is prepared to compromise, in effect, on the independence of lawyers to ensure that there is self-regulation preserved.

It’s very clear, having seen Bill 21 and clause 8 in terms of the composition of the single regulatory board, that it is deficient — that it will take away self-regulation for lawyers in our province. It will undermine, as a result, our justice system, because as Chief Justice Hinkson has said, without an independent bar, there cannot be an independent judiciary.

I don’t know and I don’t understand why our Attorney General of this province continues to ignore the clear statements that are being made. This board needs to have a majority of elected lawyers. The number of directors who are on this board need to be…. The majority of them need to be elected directly by the lawyers themselves.

Right now we have a minority — five out of 17. It’s very clear. Four other lawyers are appointed through some kind of merit-based process that we will get to. But clearly, there is not the independence by virtue of having lawyers form the majority of this board who are elected directly.

As I’ve spoken at length on Bill 21…. This is what happens, currently, under the Law Society board: 25 out of 32 members are elected directly by the legal profession. I don’t understand why this Attorney General continues to not understand this one point. As a result, this Attorney General under this Premier is completely undermining the independence of our legal profession and our court system in this province.

This government is prepared, as it has done with other professions, to centralize control under government of our health care professionals, of our engineers. The difference here is that we’re talking about lawyers who defend those who are in our law enforcement system, those who might be racialized, those who might be Indigenous, and have some concern relating to the state. The difference is that lawyers perform the functions that hold government accountable, that can represent the interests of citizens of our province.

[4:00 p.m.]

That’s the reason why I believe this Attorney General and this Premier refuse and are ignoring the clear concerns and what has been expressed by the Law Society of British Columbia, the B.C. Civil Liberties Association, the Trial Lawyers Association of B.C., criminal lawyers branch. It persists to continue on to completely take away the independence of our legal profession and undermine the independence of our judicial system.

[R. Leonard in the chair.]

I’ll ask the Attorney General. Why is this Attorney General refusing to understand and appreciate that? Perhaps she can comment back here as to how, in the face of a clear statement, there needs to be a majority of lawyers elected directly by the legal profession themselves, just like 25 out of 32 members are currently elected for the Law Society board.

Why is clause 8 written this way and not hearing the concerns that have been expressed very clearly by all of the associations that I’ve spoken about?

Hon. N. Sharma: I’ll just start by saying that there is a divergence of views in the legal community. I certainly hear from lawyers that are very in favour of the improvements that we’re making to the regulation of legal professionals.

Just to comment on the issue at hand, in particular. Lapper, who served as the CEO of the Law Society of Upper Canada, mentions that there’s a general sense that because we don’t have a majority of elected lawyers, it somehow means the regulator won’t be independent. But I don’t see a line drawn between that and asking how this actually affects a lawyer’s ability to independently advise and advocate for their client.

What independence of lawyers means is a lawyer’s ability to fiercely advocate for their client without state interference, and that is fundamental to our democracy. I think we agree on that. In our review, the structure of the board maintains that ability in a strong sense.

[4:05 p.m.]

With respect to elections, I want to comment on that. We recognize that elections are a very important part of the legal profession and certainly the Law Society as it currently stands. Elections continue to be a strong component of the board structure in the model in this bill.

There have been many commentators that have mentioned that elections are imperfect. Particularly, the CBA nationally, in a report in 2014 mentioned that although elections are important, sometimes they can affect the ability of a governing body to have the right level of diversity they need and to complement that diversity. I think it’s generally accepted in modern governance practices, and also in the current Law Society, that a mix of elected and appointed is a normal and good functioning board. This strikes that balance of a mix of both of them.

I also want to say that 14 out of the 17 members of this board will be legal professionals. I won’t suggest the member is suggesting this, but I want to say that all directors that are on the board, including the notaries and paralegals, have an interest in ensuring that there’s independence of licensees.

The argument that sometimes is put forward I think fails to recognize that notaries and paralegals who are also elected and also on that board will have a strong interest, not only from the duties that they will have to undertake explicitly in the act to maintain the independence of the licensees, but also an interest in doing that. They will be part of the conversation. So 14 of 17 of those members of the board will be legal professionals.

M. Lee: There’s a lot to unpack in the statements that the Attorney General makes, but she’s not directly addressing the concern that I’ve raised.

What does the Attorney General say to the Law Society of British Columbia that has called for the majority of lawyers to be elected directly from the lawyers themselves?

Hon. N. Sharma: It’s my understanding, in the consultations that we had, that the Law Society did not call for that. In fact, what they asked for, and this is in one of their submissions, is: “In our view, self-regulation of the legal profession requires that a majority of the board that governs lawyers are themselves lawyers and a majority of the lawyer directors are elected.”

The majority of the elected proportion of the component that’s elected are lawyers, and the majority of the overall board composition is lawyers.

The Chair: Just a reminder to keep your comments and questions to the clause at hand, which is clause 8, and not to the processes leading to it.

M. Lee: Thank you, Madam Chair. I am talking about the current regulator, the Law Society of British Columbia, which regulates the legal profession. They have written letters to the Attorney General, including on April 26, 2024. They’ve expressed their concerns that this Bill 21 “will disrupt and diminish the effectiveness of legal regulation in this province and that Bill 21 fails to protect the public’s interest in having access to independent legal professions governed by an independent regulator that is not constrained by unnecessary government direction and intrusion.”

I can tell you, Madam Chair, that I understand directly from the Law Society that one of the key examples of concerns is this provision, clause 8. Has the Attorney General, since April 26…? Maybe this is a challenge to the Attorney General. The pace of change here, the fact that we had the NDAs, the fact that we had the consultation process being what it was, that there hasn’t been sufficient engagement and understanding, even with the Law Society of British Columbia….

What does the Attorney General understand, then, since receiving this letter on April 26, in terms of what the concerns are of the Law Society of British Columbia relating to how Bill 21 fails to protect the public’s interests in having access to independent legal professions governed by an independent regulator, which is not constrained by unnecessary government direction and intrusion?

What does that statement mean to the Attorney General? What is her understanding of what the Law Society of British Columbia is saying to her?

[4:10 p.m.]

Hon. N. Sharma: I understand, and I acknowledge, that we may not agree with the Law Society in terms of how we landed, or the benchers in particular. We went over in detail, I think, the last time we had a chance to engage about the consultation and the amount of input that we received.

We made a decision as government, and my job as Attorney General is to protect the public interests and certainly move forward in access to justice.

After hearing from all the parties…. I don’t think that every party is happy with different components of this bill. I am confident that we heard and listened to everybody’s concerns and then made a decision based on what we thought was not only protecting the independence of lawyers and protecting the independence of legal professionals but moving forward access to justice, modernizing legal professions, providing exciting and new ways for the regulator to act on behalf of the public and the professions.

The Chair: Member, just a reminder that this is a question on clause 8 and not on the process.

M. Lee: Madam Chair, my questions are relating to the substance matter of clause 8 in terms of having a minority of directors elected who are lawyers from among lawyers. This is clause 8(1)(a).

Clearly, the view of the Law Society of British Columbia, as the current regulator of the legal profession, that letter signed by all the benchers of the Law Society…. This clause completely takes away the self-regulation of lawyers and undermines the independence of lawyers and the legal profession.

The Attorney General has said in committee stage before that her focus is on access to justice and the public interest, not protecting lawyers. I would like to understand at this time…. The Attorney General had stated…. She used the term “public interest” in her response just now. Can she define where this Bill 21 defines public interest?

Hon. N. Sharma: The government did not want to dictate what the definition of public interest is.

Clearly, when you have a self-regulatory body that’s elected by the members and appointed in the makeup…. They have the ability to establish rules and understand standards of practice and how they’re being maintained. They also have the obligation to present the public interest.

The public is generally, and I think everybody would agree, not in a position to assess the quality, often, of legal services or what the standard of legal services should be. It’s a role of the regulator to make sure that’s understood and that legal professions that have the duty and honour of practising that profession live up to that standard. So that is something that we will have the regulator do once they’re established.

M. Lee: Madam Chair, you can understand the concern of the Law Society of British Columbia, for example, when we’re talking about government interference and intrusion.

There is no definition of public interest. It is going to be up to the regulator, which is governed by this board of 17 members. It has government interference and appointment, no self-regulation, no election directly of a majority of lawyers, which preserves the independence of the legal profession.

[4:15 p.m.]

This is the concern. This is the reason why, when the Attorney General insists on providing responses that talk about balance…. I have said before that she has the role, under the Attorney General Act, to be the chief legal officer of this province, the official legal adviser to the Lieutenant-Governor and a legal member of the executive council. The Attorney General must see that the administration of public affairs is in accordance with the law.

Well, as we’ve talked about, even in that Justice Estey quote…. The importance of a legal regulator must be done, “so far as by human ingenuity it can be so designed, to be free from state interference, in the political sense, with the delivery of services to the individual citizens in the state.” This is a quote that I quoted at length in my second reading speech. It is also quoted, of course, in many different ways, including by the Law Society of British Columbia in their April 26 letter.

This is wording coming from the Supreme Court of Canada. This is the law of our land. We need to ensure a legal regulator, “so far as by human ingenuity it can be so designed, to be free from state interference, in the political sense, with the delivery of services to the individual citizens of the state.” This is what the chief legal officer of our province ought to be focused on, which is our administration of justice in this province.

I appreciate the need for diversity, the role that the Indigenous counsel can play, the understanding of access to justice in the sense of increased access to justice and legal services as provided by an expanded scope of practice to notaries and licensed paralegals. But none of that requires, in any way, the elimination of self-regulation for lawyers. Don’t see that in Ontario. Don’t see that in Quebec. Don’t see it anywhere else. This clause 8 is not structured anywhere else, for any other regulator, in the common law.

This Attorney General continues to fail in her duty and responsibility as the Attorney General of this province. It’s a very serious concern. It’s the reason why I cannot fathom and understand why the Premier and our Attorney General, in face of the strong indications in writing, in communications, are continuing to persist with this bill and call closure on this bill.

At this point, I have just over four hours and ten minutes. I appreciate the time that the B.C. United official opposition has spent on the bill today. It was necessary to understand how we got here.

All the concerns that have been expressed through the initial intentions paper, the pre-consultation the Attorney General has talked about, the what-we-heard report, the NDA process have ended up in a place where there’s still a complete disconnect with the Attorney General and the Premier of this province. There’s a reason for this.

Why are the Premier and the Attorney General, the Premier as the former Attorney General of this province, ignoring what the Law Society of British Columbia is saying? Is it because they relish the opportunity to have their laws proved to be unconstitutional, just like the Premier, when he was Attorney General, has seen time and time again? Or is it because he has a real disdain for the rule of law in our province, as demonstrated repeatedly in the last seven years that I’ve seen?

[4:20 p.m.]

This continues. This is the reason why we, as the B.C. United official opposition, are completely opposed to the elimination of self-regulation for lawyers, the elimination of the independence, the undermining of independence, through clause 8. This is one of the principle clauses.

I’ve asked this question, but I need to ask this question in the context of clause 8. In the face of what is being communicated to her right now, is the Attorney General not concerned that she’s not meeting her duties under the Attorney General Act?

Hon. N. Sharma: I’m just going to start by saying I’m very confident that I’m fulfilling my role as the Attorney General of this province with this bill.

The member quoted a Supreme Court of Canada decision. I think it’s helpful to put on record the rest of that decision, because it clearly defines a role for the Attorney General and the government to protect the public interest through regulation.

The reason is, and this is a quote from the same decision the member quoted: “The general public is not in a position to appraise unassisted the need for legal services or the effectiveness of the services provided in the client’s cause by the practitioner, and therefore stands in need of protection. It is the establishment of this protection that is the primary purpose of the Legal Professions Act.”

Now, the decision goes on to talk about different ways that the legislatures see fit to protect the public interest in bills like is before us. It mentions that in some provinces, some lay benchers are appointed by provincial governments and in other provinces the Attorney General is seized with the duty, as an ex officio bencher, of safeguarding the public interest.

It goes on to say, “It is for the Legislature to weigh and determine all these matters and I see no constitutional consequences necessarily flowing from the regulatory model adopted by the province” in that case.

We are confident that we have not only protected the independence of lawyers but also the public interest and moved a lot of things forward.

I also want to say that there’s a lot of work around the world, particularly in Commonwealth nations, to update and upgrade regulatory bodies for legal professionals. In fact, Canada is one of the last countries in the Commonwealth to maintain a self-regulation model for lawyers — so to even have a self-regulator. We are continuing the model of self-regulation in this bill.

The member also mentioned Quebec. The model of Quebec, in my understanding, is that there is a government oversight body over the regulation.

It is over the natural course of government action, and the balance of protecting the public interest and allowing for independence and regulation, for the Legislature to set standards and rules related to that and the regulator — in this case, the self-regulator — to go about and set their own rules and do the work of regulating the profession. I think we’ve struck that balance.

M. Lee: The Attorney General well knows, of course, that under the current Legal Profession Act, there are many provisions dealing with, under part 3, the protection of the public. The understanding of what the Law Society currently does is clear, in terms of what they do, including in dealing with restricted funds — trust protection as well.

As we talk about these concerns in clause 8, the representation that has been there, amongst the 14,000 lawyers around the province, does the Attorney General not see that proportionally, when we’re talking about the number of notaries and the number of regulated paralegals being what it is, that there is a hugely disproportionate representation factor when you even look at just subclause (1)(a)(b) and (c)?

[4:25 p.m.]

Hon. N. Sharma: So the balance of this board structure had to, as I mentioned before, make sure that all professions were represented and had a voice. There were different submissions by different professions of what the numbers should be in terms of what that was like.

But we knew that there were more lawyers than other professions, and I think that shows up in the numbers here. It strikes that balance but also the need that we heard from everybody, including the CBA, to have a smaller, more agile board, which I think we also struck.

I’ll just note that nine of the 17 members of this board, at a minimum, are lawyers. There may be more, depending on the composition of the others that are able to be appointed to that.

M. Lee: Just to understand this though, we’re talking 14 lawyers represented by five directors, about 500 notaries represented by two directors, and some number, 50 or more, represented by two directors in terms of licensed paralegals. How is that proportionate in any way?

Hon. N. Sharma: We again, similar to the answer I made before, had to strike a balance and take the perspectives of all professions that would be represented on that board, including the numbers. We think we struck the right balance.

It’s important to say that their job on the board is to bring their perspectives from their profession in order to fulfil their duties, and I think that would require different perspectives and voices on the boards, even within lawyers. We think we struck the right balance in terms of numbers.

M. Lee: So we’re talking about, basically, if it’s 14,000 lawyers…. I think the number may be more than 14,000 lawyers. Even at 14,000, we’re talking one director representing 2,800 lawyers. If we’re talking about 500 notaries public, we’re talking about one director representing 250 notaries.

[4:30 p.m.]

If we’re talking about 50 regulated paralegals, we’re talking about one director representing 25 regulated para­legals. So basically, regulated paralegals have ten times the proportion of representation as notaries and more than 100 times the representation of lawyers.

When the Attorney General continues to talk about balance, even when we’re talking about the number of directors here and we’re focused on, again, a minority — five out of 17 lawyers that are elected from the membership of lawyers — that’s the main concern. But even when we look amongst the other directors who were elected from notaries public and paralegals, how can this Attorney General justify that there’s balance between that breakdown?

Hon. N. Sharma: I think the member points to, actually, one of the points of reform, which is that in the Cayton report, it mentioned that benchers serve for only two years before having to stand for re-election, so their attention is directed inevitably to their constituency of fellow lawyers rather than the public.

I want to make a distinction here, just for clarity purposes, between an association like the Notaries Association and the notaries society that’s the regulator, or the difference between the Canadian Bar Association of B.C., which is a membership-driven lawyer organization, and the Law Society.

The Law Society has a very distinct role as a regulator to represent the public interest and to set rules for the practice of law. They are not representing constituents of lawyers. They’re in fact regulating the practice of lawyers. So I think the way the member characterized how many people they represent maybe is a little bit of the perspective that we need to change when it comes to the new regulatory body.

It’s happening in jurisdictions across the world, where it’s clear that the members of the board are representative of their professions and bring their skills and ideas and diversity of knowledge to the board.

They are there to fulfil the public interest and to fulfil the regulation of their profession that they oversee. The CBA, in contrast, is a membership organization that’s there to represent the interests of their members, and in that case, there are lawyers.

M. Lee: I appreciate the distinction, of course, between the Law Society and the CBA, B.C. branch. What I’m talking about are 14,000 lawyers.

With that in mind, because that’s what I believe I’ve been talking about, the 14,000 lawyers, that doesn’t change the question. So how is it that with the proportionate breakdown, we’re still talking about 2,800 lawyers represented by one director when there’s only five elected directors? How is that proportionate to the representation of one for every 250 notaries public or for every 25 licensed paralegals?

Hon. N. Sharma: I believe I’ve answered this question.

We believe we struck the right balance of composition that was in line with the size of the different professions. At this stage, we don’t know how many paralegals there are out there, but we certainly know there are no regulated paralegals. So once we get to that scope, we’ll be able to assess how many would meet that new scope of practice and standard threshold that would come over time.

I will say that I believe I’ve answered in terms of how we landed on the composition of the board and striking that balance.

M. Lee: The view of this government, in terms of the current picture of the legal profession of this province, is very skewed. I can’t see it as balanced.

[4:35 p.m.]

I don’t understand how the Attorney General can respond in this manner to talk about balance with the numbers that I just read out. The current composition of the Law Society — 25 elected members out of 32 — also is “balanced,” to use the Attorney General’s perspective, or word, relating to regional representation.

Where is the regional representation amongst the legal profession contemplated within this composition of elected members to the board?

Hon. N. Sharma: I’ll just note that we’re talking about the composition of the board. We only seem to be talking, through the member’s questions, about one profession, and I think that’s a shame.

The notaries are a well-established profession in this province and have been existing and operating in, particularly, smaller towns, providing key services across the province. They also raised their concerns about their voice on the composition of the board as a smaller legal profession and, through this, are supportive of the bill and accepting a number of three notaries on that board.

I think we just need to keep in mind about that also — that there are other professions represented on this board that we needed to consider. We needed to consider how their voice could be heard in that regulator.

The question that the member asks will be left up to the regulator to determine, and that’s something that we would expect them to do once constituted.

M. Lee: I know that the Attorney General wants to continue to talk at cross purposes here, but it just further demonstrates that she’s losing sight of her duties in terms of the administration of justice in our province under the Attorney General Act. I don’t understand her responses in this respect.

The reason why I’m focused on lawyers is because, as far as I know, the judiciary is typically appointed by members of the legal profession — lawyers. So I’m concerned about the independence of our judiciary to be free of government control. I’m concerned about criminal lawyers who stand up to the state in terms of how citizens of this province, at times, have to deal with the state, law enforcement. I’m concerned about those citizens who want to stand up to the government when they have concerns about the lack of public process.

We see that with the Kitsilano Coalition in the Premier’s riding at West 8th and Arbutus. We see that when this government brings in legislation that tells the government’s own lawyers they can’t belong to a union of their choosing. Freedom of association. They have to belong to this other union. Lawyers have a role.

When I look at the B.C. Civil Liberties Association letter, they are also concerned about what has been expressed here. The concern is that the government may not have fully grappled with the extent to which the independence of the bar is critical and a fundamental aspect of a free and democratic society.

I am at a point with this Bill 21 where there’s a clear disconnect. The Attorney General clearly has a different focus. She has said that. I think there are reasons for that. I think it stems from the Premier himself, with his repeated pattern of state control, centralized control, where government basically steps over all the rights of British Columbians in so many ways by even taking away the independence of lawyers in the legal profession to challenge government.

[4:40 p.m.]

Again, I understand access to justice and expanded scope of practice for the notaries and licensed paralegals. We may even get to the letter and the understanding of where the government has been in the area of the Attorney General Statutes Amendment Act of 2018. I remember reviewing that bill with the Premier when he was Attorney General for five years.

Expanded scope of practice in the area of family law hasn’t happened. We may get there, but the point is that what is at stake here, in this clause 8, is so fundamentally important that the Attorney General now is suggesting it’s going to be up to the regulator to determine how regional representation might occur here. You’d think, with all the time that this Attorney General has spent since the intentions paper and before, that there would be clarity around that, with this not straightforward composition of the board.

The Attorney General says that it accomplished some sort of balance, but it undermines completely the independence of lawyers in this province, as we’ve talked about.

I would just ask here, on clause 8(1)(e): can the Attorney General, then, explain what the merit-based process will be for how directors will be appointed, including four who must be lawyers?

Hon. N. Sharma: This is another example of how it’s not government that will decide. It’s up to the board.

Merit-based process, in general, is fairly standard in a lot of statues. But for the purpose of the appointments made by the regulators board, it will be up to the board to establish those merit-based processes.

The bill empowers, but does not require, the board to make rules regarding a screening and nomination process for directors to be appointed by the board. I would expect the board, once it thinks about a merit-based process, to assess the current elected composition and figure out what skill sets, what diversity, what regional representation, those kinds of factors — to make sure that the appointments reflect how they can best do their work.

M. Lee: This merit-based process is to be designed by the board itself, which itself is not self-regulating in any way. It is there still under the control of government, through its composition.

Is the control on even how the four lawyers will be appointed…? What expectations are there in terms of what will be considered as to what is merit?

Hon. N. Sharma: Again, it’ll be up to the board. I’ll just note only three of the 17 are going to be government-appointed. The Attorney General is not a bencher as a right, so that’s a reduction from six to three in terms of government appointees.

That board, the elected board and the three government appointees, will sit and think about what the merit-based process should be for the rest of the board.

[4:45 p.m.]

M. Lee: We’re still talking of the board composition being a minority of five elected directors out of 17. Three directors appointed directly by government, two each from notaries and two regulated paralegals. Then we get to a merit-based process for the appointment of the others.

With that, when you look at the numbers…. I know that there are transitional measures here as well. I would certainly welcome the opportunity for the Attorney General to refer to some of those transitional measures in terms of how we even get this board established. But even when you look at the composition of the board and take into account the quorum requirement of the board, which will be coming up in another subsequent clause, we’re still talking about only five elected directors when there are seven who are not.

Three appointed by government, two amongst notaries and two amongst regulated paralegals. And five that are appointed through some sort of merit-based process that is designed by this board for which even the elected lawyers are a minority. These are the ways in which this government has designed and undermined the independence of the legal profession, in terms of this merit-based process that is not defined at all, in terms of the types of considerations that would be put in place.

Again, the way that this is situated, it does raise concerns about the level of government interference on the board itself. When we look at reference to the requirements of the board and how it will function, again I’d ask: how does she address the concerns relating to that level of interference by government on the actual merit-based process?

Hon. N. Sharma: I want to bring some clarity into this conversation.

The member is making statements about government control and government overreach. I would just want to put on the record that there’s no connection between whether a board member is elected or appointed by those directors that are elected through a merit-based process that would enhance government control in any way or allow for the government to control anything in any way.

Those two, whether appointed or elected, do not change the ability of the government at all. I just wanted to make that clear. The merit-based process is something that we would rightly leave up to the…. We have, again, two notaries, two paralegals and five lawyers that are elected and the three appointed government appointees that have a criteria to them. Once you have that, then they would assess what the other appointments should be to allow them to fill in any gaps and understand in their own assessment of what the needs are of the board.

I think this is just a good governance practice.

M. Lee: Just in terms of the balance on the five directors elected among lawyers and the two elected from notaries public and the two from regulated paralegals. When the Attorney General talks about balance, on what basis, and who was consulted to accomplish that balance?

I understand that she heard from notaries and paralegals, but in terms of the legal profession, who was actually consulted for that balance determination?

[4:50 p.m.]

Hon. N. Sharma: I appreciate that the member, at the very beginning, asked me some really detailed questions, which were helpful to put on the record, of the way that we have consulted. It started from the creation of the intentions paper. Even previously, we were guided by the work that the Law Society did on the Cayton report about governance up to…. I think I went over it in detail, so it’ll be reflected in the record of this proceeding in terms of the details of conversations.

Governance was always an issue in relation to all of those. We heard, and we made clear, our intentions in various forums, including up to the public document that we released.

M. Lee: What criteria, then, were utilized in terms of setting this balance under five elected lawyers, two elected notaries public and two elected regulated paralegals?

Hon. N. Sharma: We were guided by all of the submissions that we received and all the conversations that we had over the course of the two years that led up to the making of this bill. I think we already talked about some of the considerations we had in terms of the different professions, their perspectives related to their representation on the board, how they would be represented — whether it was elected, appointed or a majority — and how to protect the independence through the board composition.

We considered all of those things, and we landed, I think, in a balanced way that will protect all of those interests.

M. Lee: In terms of the actual governance of the board itself, what resources will be provided to the board in the area of good governance?

Hon. N. Sharma: Well, I will say that because government does not want to interfere with the self-regulatory body, the government would be providing no resources with respect to how they would choose to govern themselves and the, I guess, practices or instruction that they would give to their directors.

M. Lee: So the current Legal Professions Act allows for Lieutenant-Governor-in-Council appointments of benchers but does not allow them to assume the position of president, first vice-president or second vice-president on the executive of the board. There’s contemplation of an executive committee here. Clause 8 of Bill 21 doesn’t include any reference to any kind of restriction. Why is that?

[4:55 p.m.]

Hon. N. Sharma: The board will get to choose its chair. They can choose, from the composition of the board, what’s needed, based on the assessment of their needs and the functioning or the needs of the professions that they’re regulating.

M. Lee: While we’re on the composition of the board…. I appreciate that in clause 9, the mechanics of appointing a chair are there. But it just speaks to the concerns or considerations around the composition.

When we’re talking about the composition of the board, which is set out in clause 8…. When we’re talking about appointing the chair from among the members of the board itself, we’re still talking without any restrictions. Therefore, for example, a regulated paralegal could be the chair of the board, or even someone who’s been appointed by the Lieutenant-Governor-in-Council.

So under 8(1)(d), there can be a government appointment that would be appointed amongst the membership as the chair of the board. Is that correct?

Hon. N. Sharma: I’m certain that the member is not implying that a paralegal or notary would be less qualified to be chair of that board.

I will say that a director is a director is a director. They are obligated in the same ways as any other director, regardless of their background. We have left it up to the board itself to decide who they would like to be their chair. We think that that’s right, because the government should not be deciding who that is.

M. Lee: But a person who’s appointed by government can be the chair of the board. Is that not correct?

Hon. N. Sharma: If the board decides that that’s who they would like to be chair, then that is up to them to decide.

M. Lee: This gets us back to the way that the directors are appointed in the first place.

Again, we have a minority of elected directors who are lawyers. My comment about a person who is not a lawyer serving as chair of the board is more about the regulation of the legal profession. Furthermore, that person, who may not be a lawyer him- or herself, may also be a person who is appointed by the government under 8(1)(d).

There’s nothing that precludes that, particularly when the composition of the board, through a merit-based process that’s not defined…. But it is defined by this board, whose composition is a minority of elected lawyers who are directors. That is, five directors who are elected directly from and among the lawyers.

This is the example for which there are significant possibilities of government interference here. With the way the composition of the board is structured, with the way that this merit-based process will be determined, with no prohibitions on or restrictions on a person who is appointed by government to serve as chair of the board…. Who, then, determines and leads the board — in the sense of what a chair does, in terms of the actual governance process — which, again, will be determined by the board?

When we look at the appointment of the five initial directors under 8(1)(e), when it says the appointment of the five directors will be by “a majority of the other directors holding office,” how will the initial five directors be appointed?

[5:00 p.m.]

Hon. N. Sharma: That process is set out in the transitional provision in section 223. Basically, the transitional board would be established through appointments by the existing societies.

For example, the Law Society would appoint four members, the notaries society would appoint one, the paralegals would appoint one, and the government would appoint one. That would be the makeup of the first transitional board, and then the transitional provision set up a process for holding the elections to fill out the board.

M. Lee: Madam Chair, because we were talking about the composition of the board and understanding how we even get to putting 8(1)(e) in effect, it’s important to understand how these five directors would be appointed under clause 8(1)(e). The Attorney General is addressing that by referring to the transitional provisions set out in clause 223 of Bill 21.

Under sub 223(2), there are two points there. If the members that the Attorney General set out “are not appointed within 2 months after the date this section comes into force, the Attorney General may appoint members after a merit-based process.” There are questions there: (1) when will that section come into force, and (2) what is the merit-based process the Attorney General would follow to appoint those members within the two months following that section coming into force? These are live questions.

As I said during second reading, during the committee stage to date and today as well — in the face of the formal notice and communications that the Attorney General and the Premier have received that the Law Society and other associations intend to file a claim to question the constitutionality of Bill 21, if it passes — that is going to take more than two months. In the face of that litigation, will the Attorney General, by virtue of the transition period, be appointing directors to the regulatory board?

[5:05 p.m.]

Hon. N. Sharma: I’ll start by saying that I believe that all participating professions in the single-regulator project were committed to the idea of having a single regulator. I have confidence, when it comes to the transitional provisions, even though we may disagree on portions of the bill, that the parties would come together on this idea of establishing the single regulator in a way that serves the public interest.

That said, it’s hard to speculate, because litigation takes different courses in different ways. If we were in that position, the Attorney General of that time, whoever it is, would have to decide the next steps taken.

I do think that there is a level of commitment from all professions on the single-regulator model.

M. Lee: I just want to come back, before addressing the Attorney General’s response, to: when is this section coming into force? What is the merit-based process that the Attorney General would follow if she had to exercise sub 223(2)?

Hon. N. Sharma: The provisions would come into effect at royal assent.

We have the Crown agencies and board resourcing office, CABRO, that is responsible for many merit-based processes that government does, when it comes to all types of boards. I’ve no doubt that that process would be followed with respect to the appointment of anybody on this, if this provision were ever used.

M. Lee: Thanks for the first response: on royal assent is the answer. Royal assent, of course, is expected tomorrow. Is that correct?

Hon. N. Sharma: Yeah, if the bill passes, that’s what I would expect to happen tomorrow.

I will just say that we are very far down in the bill right now, with the transitional provisions in section 223. I just seek the guidance of the Chair in that regard.

M. Lee: Really, as I was saying, I’m trying to access how the five directors would be appointed, because sub (8)(1)(e) says that five directors would be appointed. How do you get to that point when the board hasn’t actually been formed? That’s why the Attorney General herself referred to the transition period set out in 223.

[5:10 p.m.]

On the basis that this provision on transition is set out, the Law Society benchers will form a majority of the board. We’re talking four members appointed by the benchers of the Law Society, one member appointed by the directors of the Society of Notaries Public, one member appointed by the B.C. Paralegal Association and then one other member appointed by government.

Of the seven members, four of them are appointed by the benchers of the Law Society, the very organization and the benchers themselves that have signed the letter and that have expressed grave concern, on April 26, about this bill proceeding in the manner that it is.

I understand the Attorney General’s comment, which is a general one about the recognition of a single regulator, even though the Premier didn’t give the opportunity to the Law Society, really, when he was Attorney General, to respond and review the recommendations in the Cayton report, before the Attorney General at the time, the Premier said: “Well we’re just going to go this way.”

Same thing he said to the notaries public when they had their own alternatives about continuing with the Notaries Act: “We’re going to go this way.” Well, this way is a single regulator, which is what’s expressed in Bill 21.

The point about clause 8 is that it is fundamental to the concern expressed by the Law Society and other representation of legal organizations, regulatory or otherwise, about how self-regulation is being taken away and how the independence of legal profession is being undermined here. I think it is, one word is, naive for the Attorney General to say she believes that everybody will just get together after Bill 21 has passed and will continue along. That’s the whole point. The whole point is that the government has been put on notice.

I’m not hearing at all that the government, the Attorney General is…. Two months after royal assent starts tomorrow is going to be what? The middle of July. The Attorney General hasn’t addressed the question as to whether she will proceed, in the absence of the benchers themselves, putting forward directors.

I cannot see how the Law Society would put forward directors for a single regulator when they’re in litigation, questioning the very regulatory model and the composition of the board. Why would they do that? Well, they might do it so that the Attorney General doesn’t exercise her power under this bill, under sub 223(2). That is what I’m hearing; the merit-based process that the government has said they won’t oppose on the board, yet the Attorney General will, under this provision.

Basically, with this bill, whether the Law Society chooses to subsume themselves, in effect, through their transitional provision, under this new composition of a single regulatory board, which they’ve expressed fundamental concerns about for reasons that we’ve canvassed…. If they don’t do that, the Attorney General has the power to merely appoint those members regardless and utilize what is the government’s own merit-based process, which means, again, that the composition of the board will then be government controlled.

Then this board, which is four directors who are lawyers out of the five, and the other, will now be eight directors appointed by government, five that are elected by the lawyers themselves, and then two from each of the notaries and the paralegals. We’re definitely talking about the composition of the board, at a 17 now, to be a minority of elected lawyers — four appointed lawyers under the government’s own appointment mechanism.

This is the concern about clause 8: the way that it is expressed, the way that you even get the first formation of the board through the transitional measures. This is another example of the concern relating to government interference and influence on the single regulator — in the face of litigation, in the face of this very bill being challenged for the reason of the composition of the board.

[5:15 p.m.]

Again I ask: does the Attorney General not see the need to stand down this bill, not proceed, so that they’re not in a situation where they’re throwing the whole administration of justice in our province into disarray? Once this bill passes under this government’s watch, this is going to throw the administration of justice in our province in disarray. Because now you have the Law Society suing the government for a bill that they see as unconstitutional.

Will the government not stand down this bill to have the discussion, to be clear about this mechanism around self-regulation, to ensure that the independence of the legal profession is not undermined in the ways that the Law Society, the Canadian Bar Association and others have expressed, so we have clarity around this and we don’t put our head in the sand, as the Premier and the Attorney General are doing?

Will she not pause this bill to enable that discussion to head off this litigation?

Hon. N. Sharma: The member asked whether or not we will stand the bill down. What I will say is that I’m confident in the work we’ve done that has led up to today with this bill — the conversations we’ve had related to, particularly, board composition; how we ingrained independence of legal professionals within this bill; how we considered the current law and the perspectives of all professions; and how we considered access to justice and the potential we could have to modernize the legal professions within this province. I think we landed in the right place.

M. Lee: We’re spending the time we are on this particular provision, this clause, because clause 8 is, as I’ve been saying, a fundamental provision in Bill 21 that causes great concern amongst the legal profession that we’ve spoken to.

As the Attorney General had acknowledged, the Canadian Bar Association, B.C. branch, is there to engage with its members. We know from their letter dated yesterday, May 14, to the Attorney General that with the consultations they’ve done and the time that they’ve had on Bill 21, there are grave concerns about this.

So the Attorney General may express that she is satisfied with where they are at, but the lawyers are not, in the legal profession. Furthermore, they still have the opportunity, of course, to take the government to court. Who knows whether lawyers will have the opportunity to do that in the future, to express the rights to ensure that we have administration of justice that is independent, impartial, fair and free from government interference and political interference, regardless of who is the elected government of the day? Who knows?

I think it is breathtaking, to say the least, that we have a government, in the face of what these legal professions are saying to the government, still proceeding, on the basis of the concerns that I’ve been trying to address on this particular clause as we work through the clause itself. Breathtaking is one word for it. Completely concerning.

This is the reason why this government has demonstrated under this Premier, time and time again, a complete lack of respect for the rule of law, complete lack of respect for the judiciary, their own rules of court, to change the rules of evidence in the face, to protect its chief litigant, ICBC, in so many ways.

[5:20 p.m.]

Now we have this Attorney General, under the Premier’s leadership, bringing forward this bill and still ignoring the litigation that is going to come. I think that that is hazardous to a way for any government to be proceeding in this manner.

I have said that as we look at the appointments of the recommendations that are set out in (1)(d), there is language here about consulting the board “respecting the desired skills, attributes and experience of persons to be appointed,” and “(b) for the purpose of the appointment of a director who is an individual of a First Nation, seek nominations by First Nations.”

How would the process be in terms of seeking nominations by First Nations?

Hon. N. Sharma: The provisions 8(4)(a) and (b) are clearly there to set out a process for the Attorney General to undertake when they’re making their three appointments.

That is to ensure what I think all parties will want. That is that the new regulator will have the tools it needs to be successful. So (a) says that the Attorney General should consult with the board to ask what kind of skills are needed, attributes, experiences of persons so that any gaps could be filled by those appointments. This really points to the collaborative nature of that process set out.

The one about the nomination for First Nations for that position…. Likely we would do what we do with a lot of our work with First Nations. We would do a call-out to all nations governments and the First Nations Justice Council and seek applications for individuals that may be interested in serving in that capacity.

Clause 8 approved.

On clause 9.

M. Lee: As we were talking about…. We’ve talked about the appointment of roles on this board. The chair can be appointed by and among the directors. Again, in terms of the actual governance requirements, just to reconfirm, the actual governance protocols and mechanisms, board manuals, will be determined by the board. Is that correct?

[5:25 p.m.]

Hon. N. Sharma: Yes.

M. Lee: So how does the actual board, through the tran­sition period, function in the absence of that governance manual?

Hon. N. Sharma: That would be up to the transitional board to determine, but I will note that in the transitional provisions is also the establishment of an advisory committee that would consist of the executive directors of the current regulators to help guide that transition.

M. Lee: I’ve made my point earlier about how the tran­sition period may not be…. It may be defunct. It may not be able to function, given the litigation that will be taking place, so some of these points may well be moot in in terms of how that would actually occur.

If the advisory board, though, that’s set out, presumably, in 225, includes the executive director of the Law Society and that executive director of the Law Society is not given any mandate by the benchers of the Law Society to participate in this in view of the litigation, how will that advisory committee actually provide the kind of input so that the board could function?

Hon. N. Sharma: I would say that would be unfortunate. I can’t speculate that that’s even a possibility, and I would hope it wouldn’t be, because we would need their voice in the transitional provisions to do that. Without that, their voice would be missing at the table.

M. Lee: This will obviously be something for the Attorney General to consider with her ministry. I’ll just have to ask the question: in the face of the litigation that is coming as early as, possibly, tomorrow with royal assent, will the Attorney General stand down the next steps under this bill?

[S. Chant in the chair.]

Hon. N. Sharma: It’s hard to speculate based on contents of litigation that I haven’t seen the contents of. But it’s our intention, as we’ve indicated since 2022 in our intentions paper, to move forward with the single-regulator model.

M. Lee: It is something that, as we look at the bill in this committee process…. We have three hours left now because of the closure that the government is bringing to this bill. It’s important to understand the government’s intentions here.

There are clear provisions that deal with the governance of this new board under clause 8 and clause 9, as we talk about powers and duties of the board. But how this board actually functions without the benefit of the transition process to get up and running, to appoint the further directors to be under the thumb of government…. If they don’t appoint new directors — that is, the representative bodies, the Society of Notaries Public, for example, or the Law Society of British Columbia — the government will appoint these directors, and the government will continue to move forward.

The government will do it on the basis of their own merit-based process, which means, again, the board is not setting that merit basis. And the board is now continuing to function, going forward, on a basis where even the transitional advisory committee, under clause 225, of this bill may not be in place.

[5:30 p.m.]

So government will continue down this road in the face of litigation. That presumably invites injunction applications to be made by the parties, so that at least the dispute questioning the constitutionality of this bill is given time and space to proceed without having a regulator come overtop of the legal profession that’s trying to sue the government.

Again, I’ve said it is breathtaking to understand that this government is proceeding in the face of this already, in terms of where we are in this committee process, to bring closure to this bill in order to pass the bill against the B.C. United opposition concerns.

Then it’s communicating that even as it looks at these provisions that deal with the initial board, how it will function under clause 9 in terms of its powers and duties, this government intends to continue to persist even in the face of litigation coming.

We can have a scenario where, of course, the new regulator stands itself up under government control completely. Because again, those five directors that we just reviewed under clause 8 are now appointed by government — in the absence of and without the Law Society’s input — and therefore now regulate the legal profession.

Is this the outcome that this government wants?

Hon. N. Sharma: I wouldn’t be putting forward this bill if I didn’t think it was in the public interest and that it would serve the interests of furthering the legal professions in B.C. We don’t make public policy based on litigation threats. We base it on what we believe is better for the public. I’m confident that this bill is and that we balanced all of the interests, including independence of the lawyers, within it.

M. Lee: The Attorney General has made reference to the term “public interest” again. It is certainly utilized in clause 11 that we’re coming up to, but we’ve talked about “risk of harm to the public” under clause 7.

I will just ask this question in the face of the use of the term “public interest” again. How is it, when the Attorney General is focused on public interest and access to justice, that that in any way involves eliminating the self-regulation of lawyers? How does the self-regulation of lawyers enable greater access to justice or is in the public interest? I’d like the Attorney General to explain that.

Hon. N. Sharma: As I think I’ve articulated in the various questions that the member has asked, we are not removing self-regulation in this province. This model is very much…. I think there were numerous examples where I answered questions saying: “That’s not up to government. It’s up to the new regulator.” This is clearly a self-regulatory model.

I will note that Canada is one of the last jurisdictions in the Commonwealth to still have self-regulation for legal professionals. I think in places like the U.K., as an example, nobody would say that the independence of those lawyers is under threat. I think that would be a hard argument to make.

I’ll just say that this does maintain a self-regulatory model, and we are not getting rid of that through this bill.

M. Lee: This is really where there is a big disconnect, for sure. Even when we look back at the intentions paper and the recognition of the importance of independence of lawyers, there is a disconnect in terms of how that is accomplished.

[5:35 p.m.]

We’ve been through clause 8. The Attorney General is basically saying that the access to justice…. Well, let me just rephrase the question, then. The access to justice and the establishment of a single regulator do not require the elimination of self-regulation of lawyers. Is that correct?

Hon. N. Sharma: Same answer as before. We are not removing self-regulation through this bill.

M. Lee: The Attorney General clearly fails to understand, certainly, the position of the Law Society and all of the other regulatory and representative legal profession organizations when she says that. So that’s the position of this government.

But I think it does actually underline the point that the objectives of this bill relating to putting in place a single regulator with the powers and duties of the board expressed under clause 9 do not require the elimination of self-regulation of the legal profession.

The Law Society of British Columbia and the representative bodies have said that that’s the effect of this bill. The Attorney General says: “Well, no, it’s not. Nothing’s being eliminated here for self-regulation. There still is self-regulation.” But I think, in one way, the Attorney General is at least acknowledging that the other objectives of this bill — greater access to justice and acting in the public interest of the province — do not require elimination of the self-regulation of lawyers.

In effect, the way that the board is functioning, the way it’s composed, the way that the chair can be appointed amongst the directors themselves and the fact that the board can appoint the tribunal chair — all the governance…. Both the composition of the board and the governance mechanisms are not necessary to ensure access to justice and acting in the public interest. Is that correct?

Hon. N. Sharma: Again, we are not removing a self-regulatory model for legal professionals in the province.

M. Lee: That’s not my question though. My question is: the Attorney General has acknowledged….

What I’m seeing and what I’m realizing here, of course, is that there’s a disagreement as to whether self-regulation of lawyers, and undermining the independence of lawyers, the legal profession of the province, is undermined by Bill 21. That’s going to be the subject of the litigation. There may be more points in litigation. I’ve not seen any parts of the claim. But I do understand that the constitutional challenge to this government will be around one of those elements.

What I’m hearing the Attorney General say is that her view, her position on behalf of the Premier and this government, is that self-regulation is not being removed. There’s clearly a disagreement there.

[5:40 p.m.]

Whatever that mechanism is that’s a concern, that we’re talking about in clause 8, clause 9 and the clauses that follow, including the oath of office in clause 11 and the transitional provisions that we’ve touched on, the merit-based selection process that we’ve touched on in subsequent clauses of this bill….

Whatever that governance mechanism is, it’s not necessary for the objectives that the Attorney General’s trying to accomplish relating to access to justice, which means a greater scope of practice for notaries and licensed paralegals, for example, the establishment of an Indigenous council and many of the other initiatives that are set out in this bill. It is not necessary to change the governance structure in order to enable those objectives. Is that not correct?

Hon. N. Sharma: Again, I’ll say that we have this difference of opinion.

This bill does not remove self-regulation in this province. The composition of the board is very carefully considered to promote not only the modernization of legal professionals, the single-regulator model, but also access to justice in the province. They are intricately intertwined in terms of representation of the notaries, the paralegals, the lawyers, making sure Indigenous voices are included in that conversation, saying that one of the principles is to promote the representation of underrepresented groups traditionally.

The act itself is an instrument that will promote access to justice in the province. It’s embedded in many of the provisions, including the government’s. I think an important part of that is a representation of all legal professionals on that board, along with voices that we hope would help to promote that discussion in the province.

I just note that there are many lawyers that support these changes, and I’ve referred to them already in the course of our discussion. They see this as a very key tool, including Access Pro Bono. They see this as a key tool for promoting access to justice in this province, and so do I. I think it’s going to bring about the regulatory components that are needed for that to accompany all the other steps we’re taking to promote access to justice in the province.

M. Lee: Access Pro Bono is an organization that was established under the Law Society and the Law Society foundation. There are other examples that we talked about at second reading as well as in committee stage.

The access-to-justice initiatives under Bill 21 can move forward without the elimination, at least I say, of the self-regulation by lawyers. The voices and the representative nature that are set out in the powers and duties of the board suggest, of course, that there is a transfer of power and duties in terms of the legal profession. This is the question. This is the concern.

I still do not see how this transfer of power and duties to this board, which is of the composition that we have discussed at clause 8, will enable greater access to justice. Can the Attorney General again elaborate on how this will enable better access to justice?

Hon. N. Sharma: I believe I have answered this, particularly on clause 9, which is one small component of the whole bill where there are tools in there that are related to answering that member’s questions.

M. Lee: As set out in subclause 9(4)(d), “the duty to appoint a tribunal chair….” This will not be something that the board may delegate to the chief executive officer or to a committee of the board. So this duty to appoint a tribunal chair must be by the board itself. Is that correct?

[5:45 p.m.]

Hon. N. Sharma: Yes.

The Chair: Through the Chair.

M. Lee: Why is that?

Hon. N. Sharma: The reason for these exceptions, which are (4)(a) to (d), is because it was considered that there are certain very key decisions that the whole of the board should be involved in deciding. If we remember, in the discussions, we talked about, in the terms of the diversity of professions, the diversity of perspectives and the composition that we feel would add to that decision-making process.

Clause 9 approved.

On clause 10.

M. Lee: Clause 10 contemplates the establishment of an executive committee, and it says that the executive committee must consist of no more than five members. One of those five members is a lawyer. Again, that person who is a lawyer can be a director who is not elected. Is that correct?

Hon. N. Sharma: Yes.

M. Lee: When we look at the executive committee composition, again, there are no elected lawyers on the executive committee. That is certainly a possibility.

Hon. N. Sharma: That’s possible, but that would be another decision, just like their chair, that would be up to the board.

M. Lee: Up to the board for whom, again, five elected directors are the minority out of 17. We’ve got 17 directors, five who are elected. They will establish the executive committee, five members of the board. And as the Attorney General says, it’ll be up to the board. Well, exactly. The point is that there’s only five elected members from the legal profession on the board itself.

When we talk about the executive committee composition, one of those directors who is a lawyer clearly could be someone who’s just appointed, so to speak, not someone who is elected, meaning one of the five elected. The quorum requirement of the executive committee is four members. So we can have a situation, as well, where the executive committee can make decisions and operate without any lawyer present. Is that correct?

Hon. N. Sharma: I just want to note that the formation of an executive committee is a very common practice with respect to board governance. The reason for it is that there are times that executive committees can be useful, particularly when boards are quite large, but they also would help lead to the efficiency of board operations. The board itself would be able to set up the requirements of this.

[5:50 p.m.]

I think, again, in this conversation, we’re hearing a little bit of, I would say, disparaging comments related to the composition and how a paralegal or notary might fulfil their role on the executive committee. I expect they would do so with their utmost professionalism and uphold what’s required of them under the rules set by that board.

If the board itself has appointed these members to sit on the executive committee…. I have no doubt that each and every one of those members would fulfil their requirements in accordance with the rules and responsibilities in their duties, whether they’re a lawyer or not.

The quorum for that committee is four. So it would take four people of that composition of that committee in order for them to meet.

M. Lee: Perhaps the Attorney General, in the next session, will be bringing forward amendments to the Attorney General Act so she can amend her own duties and powers.

The reason why I’m asking questions to the Attorney General is because under the act…. She has said she is satisfied that she’s fulfilling and meeting all the duties and responsibilities, her own duties and responsibilities, as the Attorney General of our province. I think it’s suggestive to respond in the manner in which she’s responding. Clearly, as I’ve explained, I have a focus on the legal profession in the sense….

The chief justice of our province has said you can’t have an independent judiciary without an independent bar. He’s not saying you can’t have an independent judiciary without an independent fill-in-the-blank.

I don’t understand, myself, why the Attorney General will insist on suggesting areas of non-focus as being areas that I ought to be focused more on. I’m focused on the legal profession, for good reason, and she should be too.

It’s not about, in the words that the Attorney General has utilized at the committee stage, the protection of lawyers. It’s the protection of our judicial system, the independence of the legal profession, for good reason, from this government or any government that will be in power, in office, in the months to come. We need to have a legal profession and a judiciary that are free of government interference.

Judges are typically selected, appointed, from the ranks of lawyers. This is why it’s connected. This is the focus.

When I talk about the fact that an executive committee can function with the powers and duties of the board, other than what is set out in subclause 9(4)…. That is, there are specific responsibilities for which a board cannot designate or delegate that power or duty to a committee of the board.

Every other duty and power of the board can be provided to an executive committee if the board so chooses. That executive committee can function, clearly, as a committee of four members out of 17.

Now we’re down to the chair of the board, who can be someone who’s appointed by government. We’ve talked about that. It’s a director who is a notary public, a director who is elected or appointed under 8(1)(c), which refers to regulated paralegals. Again, if the total number of regulated paralegals is less than 50, it’s appointed by a majority of other directors holding office. If the total number of regulated paralegals in British Columbia is 50 or more, it is elected by or from among regulated paralegals. The other director is someone who’s appointed by government.

We can have a chair of the board who is appointed by government, another director who’s appointed by government. So two directors are appointed by government out of an executive committee of four. That can function — as a quorum, that is — with a notary public and a paralegal.

This is the self-regulation model that this government is suggesting is self-regulation of lawyers, when you can have an executive committee of that composition. Again, two members of the executive committee…. The chair of the board can be a person who is appointed by government, one of the three, and a director who is appointed also by government, one of the three.

[5:55 p.m.]

That’s what this is setting out in clause 10(2): one other director who’s a notary public, one director who is a regulated paralegal, under sub (c), and no lawyer present, whether the person is elected, which is the concern that I first raised, or appointed. But let’s just stick with elected. This is what the Attorney General is saying is self-regulation.

How can it possibly be self-regulation when there’s not even a lawyer present on that executive committee with the quorum requirement being four or five members?

Hon. N. Sharma: I just want to say that I think the member and our discussion…. We have a difference of opinion. Repeatedly, I think, there’s a failure to connect a government’s ability and power to reach into a self-regulated body and insert themselves in decision-making that would affect the independence of a lawyer to represent their client.

The difference between elected and appointed doesn’t give the government any more authority to reach into the governance decisions and make those decisions for them. We went over already how the appointed members are selected by the directors that are elected and the three appointed. This idea that the composition of the boards is giving government extra power to interfere or influence decision-making, I just would say, is not made out by the facts of this bill.

Another protection that’s in this, which is noted right in there, is…. The board may establish an executive committee. They don’t have to if they don’t want to. The majority of lawyers that are on the actual board can make a decision on whether or not they want to use this tool as a governance tool, which is pretty common in a lot of governance structures, to do that or not. If it’s a valuable part in their decision-making process or that period of time that they’re going through, it gives them that ability. It doesn’t require them to do it.

I will say, also…. In this composition, there is only one member that’s appointed by government. Even with that, appointments by government, which happen often in independent boards…. Their duties are to represent their position and what they pledge to represent as a director of that board.

I think this idea that the structure is giving government more power to reach in and make decisions on behalf of the regulatory body is just simply not made out.

M. Lee: This is the reason why, of course, we’ve taken the time we’ve had to try and explain, question and probe, to the Attorney General, where these concerns lie, with the bill itself, certainly as to how the government is presenting this bill, in the first place, in the face of the concerns that we’ve talked about.

We’ve talked about, at this committee session, clause 70. We’ve talked a bit about the Attorney General’s view on risk of harm to the public.

This is certainly something to be defined by the regulator. That’s what the Attorney General said. It will be up to the regulator to decide how to regulate the practice of each legal profession in a manner that is transparent, timely and proportionate to the risk of harm to the public posed by the practice.

When I asked the question as to, “What does that mean? What is the risk of harm to the public posed by the practice?” the Attorney General made some general references to things that are already dealt with under the Law Society of British Columbia — for example, under the current Legal Profession Act.

She did indicate that it will be up to the single regulator to determine how to deal with the regulation of the practice in accordance with ensuring and being mindful and proportionate to the risk of harm, which is not defined. It is up to the board to define that.

This is the reason why we went through clause 8, in terms of the nature of the board itself. Three directors appointed by government under 8(1)(d). When you connect that up with 10(2)(a) and (e)….

As I asked before, the chair of the board, under clause 9(2), can be a director who has been appointed by government. There’s no restriction on that. So when it says the chair of the board, it can be one of those.

[6:00 p.m.]

I think the nature of appointments by governments of designated directors on public bodies might typically see those who are appointed by government directly carry the mandate for it. It would not be uncommon to see a person who has been appointed by government, one of the three directors, to serve as chair of the board, or in this case, the chair of the board of the regulator. It’s possible.

As I say, the way that the executive committee composition is set out, clearly the chair of the board can be a government appointee, and (e) is saying specifically that it is a director appointed by government. Now we are going from three directors, out of 17, who are appointed by government to possibly two out of five, and two out of four because the quorum requirement is set as four members.

Certainly in my 20 years of corporate governance, advising Crown corporations and statutory organizations in our province of British Columbia…. I certainly understand how boards govern themselves at a Crown corporation level and on a statutory basis. I’ve done that for 20 years, prior to joining this House. I do understand how boards can function.

When I look at this bill, and it says “may establish….” As the Attorney General has already indicated, it’ll be up to the board, but it is a common practice to have an executive committee. When I look at the powers and the duties that we’ve covered in clause 9 just now, those are general powers and duties, not to appoint a chief executive officer, not the tribunal chair, not to pass resolutions and make rules or establish other committees of the board.

There are other decisions, of course, the executive committee can make. Those are set out in the additional clauses set out in this bill, to actually implement the clauses of the bill. For example, when we come to clause 11, I don’t see “the oath of an office must be established by the board.” Who knows whether that falls within a rule or not, or a resolution, but the fact of the matter is, on its face, it doesn’t fall into those words.

That’s just an example that comes up. Is that something that the executive committee will determine in terms of what is the public interest? Are they going to determine what the test for “risk of harm to the public” means from a policy basis? This is talking about rules and resolutions. What about policies? What about code of conduct? What about the board manual itself? Those are not necessarily resolutions or even rules.

The scope of the authority of the executive committee is fairly broad because the only thing that’s been set out in clause 9(4) is restrictive. It’s only the list of four items that I can see: “…except for the following.”

In fact, it does say: “the board may delegate any power or duty of the board or the regulator to the chief executive officer or to a committee of the board….” Well, the only committee of the board that’s mentioned in this bill — that I can see, at least, in the clauses reviewed to date — is the executive committee itself. So other than the chief executive officer, the committee of the board that may be delegated these powers and duties is actually the executive committee.

Again, I don’t see how this Attorney General can say that this board, and this mechanism of Bill 21, even as we look at clauses 8, 9 and 10…. I know we have a disagreement about the elimination of self-regulation, but this may be why: because she cannot understand or see how even the composition of the executive committee could cause a challenge to lawyers, because a lawyer may not even be part of the decision that is made by the executive committee because they’re not required as part of the quorum requirement.

I’ll just give another opportunity to the Attorney General to see any of the concerns that I’ve expressed. Does she not see those concerns at all relating to the composition of the executive committee and how it actually does remove self-regulation for lawyers?

The Chair: At this point, we will take a ten-minute recess. I ask everybody to be back in their seats at 6:15, please.

The committee recessed from 6:04 p.m. to 6:18 p.m.

[S. Chant in the chair.]

The Chair: I call the committee back to order. We are on clause 10.

Hon. N. Sharma: I’ll just note a few reasons why I don’t have concerns that the member raised in the question.

Under section 9, it says that the board may establish committees to assist the board. So there’s a power in there to establish committees, if they want to, including the composition of those committees.

With respect to section 10 that we’re on, the board, which is a majority lawyer board, can decide if they want to establish that executive committee and who sits on that committee. It gives them that flexibility to decide.

M. Lee: I appreciate what the Attorney General is saying in terms of what is set out in clause 9 and clause 10, but that is my point, though — the point being that the board may establish committees to assist the board, under sub 9(3). The board may “delegate any power or duty of the board or the regulator…to a committee of the board,” except for the following things that we’ve talked about. The board may impose conditions and restrictions on any delegation made.

[6:20 p.m.]

Other than that, when it comes to the executive committee itself, the composition is unchanged. In fact, once the board “may” establish an executive committee, if it chooses to do so, the executive committee “must” consist of the following — not “may.” It “must consist of no more than 5 members,” of whom the following five individuals or members of the board will be the composition.

It doesn’t say “may” there either, though, I would say. It says it can’t be more than five members, and it must be this, as we’ve talked about. The quorum is — not may be, is — four members.

I ask again for the Attorney General to address my concern that what that is setting up — when you read clauses 9 and 10, as we just both did — is that it actually enables an executive committee to be comprised of five members as set out. I’ve gone through that composition scenario.

The fact is that the quorum requirement is only four members. That could result in two government-appointed members, one of whom is the chair of the board, a licensed regulated paralegal and a director who is a notary public making decisions for that executive committee, because that’s what is required to form quorum.

Hon. N. Sharma: I’ll just note that in a situation where the board is concerned, as the member raises, about having a notary and a paralegal and an appointee in an executive committee and only one lawyer…. If that, in the view of the board, in that extreme circumstance, is affecting the independence of a lawyer to represent their client, then the decision that they would make is not to have the executive committee, and then they have a power to strike other committees.

But I will say I’ve already noted my disagreement in the fact that having a notary or a paralegal or another legal professional that is also interested in protecting the independence of legal professionals on there would be somehow against lawyers. I would just say that I don’t think that’s true on its face, and I wouldn’t expect that notaries or paralegals would say that that was true.

I just want to quote Alice Woolley, who is now a judge and a former scholar and has written extensively on regulation and independence. She has this to say.

“Ultimately, I would argue that there is no particular virtue or vice in having non-lawyers or lawyers involved in the regulatory process. The key point is that whoever is involved should be committed to all of its objectives without undue emphasis on one over the other. That suggests perhaps the desirability of both lawyers and non-lawyers being involved with emphasis on avoiding constituency-type governance structures.”

M. Lee: I appreciate that there are points of view on governance and how regulators ought to be and that perspective that the Attorney General shared. But I want to come back to a comment that the Attorney General made before sharing that quote.

We’re talking about self-regulation, though. My question relates to how this composition of the executive committee, the quorum requirement that we’re talking about in clause 10 of this bill, does take away self-regulation for lawyers, because there’s no lawyer present at the decision. How can that possibly be self…?

We’re talking about self-regulation, right? We’re talking about self-regulation, which means having a majority of the regulatory board being elected by the members of the legal profession. We’ve already gone through that in clause 8. But here we’re talking about, on the executive committee, not even having a lawyer present for the purpose of the quorum requirement. I can’t see how this Attorney General or any Attorney General can justify, rationalize, how that would be self-regulation.

Again, to the Attorney General, how can she see…? In terms of addressing the concern around self-regulation, which is lawyers’ self-regulation, how can this possibly be functioning to meet that requirement?

Hon. N. Sharma: I just want to say that there is no common view that self-regulation means what the member describes, that it has to be a majority of elected lawyers in order to promote the independence of the bar.

[6:25 p.m.]

I don’t think that’s a commonly held legal view or a commonly held view in government structures, including the person that I quoted just now, in my previous answer. But self-regulation is the ability of the profession to regulate itself, and in this case, in a single regulator, it’s the professions.

So the paralegals and notaries and the lawyers set up their own rules and standards and discipline and all of the things that would keep their independence and not have government making those decisions for them, and that’s clearly the model that’s in this bill and that we’ve put forward.

M. Lee: Again, here’s the nub of the discussion. When the Attorney General says there’s no common understood view…. Well, this is the view, of course, expressed by the Canadian Bar Association, B.C. branch, the Trial Lawyers Association of British Columbia, the Law Society of British Columbia. These are three main bodies that are expressing the view that self-regulation of lawyers needs to be preserved, certainly, and maintained.

That means the election of the regulatory body, a majority of those members, those directors, directly from lawyers themselves. But even as we’ve had that debate, and the Attorney General still continues not to accept that view that’s being expressed and that will be expressed in the constitutional challenge to this bill…. Even putting that aside, I’m saying, here, in the executive committee example, that there’s not even a lawyer present.

Why is it that an executive committee can function based on the fact that…? Okay, two of the three legal professions are represented on the executive committee with the quorum requirement that it is. It could say the quorum of the executive committee is four members, provided that one of the four members is a lawyer, one of the members is a notary public and one is a regulated paralegal. That would be an example of ensuring that there was self-regulation on the executive committee, but it doesn’t actually say that.

The potential of having a board chair who is someone who is appointed by government…. It doesn’t have to be a lawyer. It can be a board chair. Under (e), it’s, again, a director appointed by the Lieutenant-Governor-in-Council, doesn’t have to be a lawyer. It doesn’t say that. It says just appointed by Lieutenant-Governor-in-Council, as three directors may be under clause 8(1)(d).

So you can have the result where there is no lawyer part of that executive committee decision because of the quorum requirement being set what it is without defining who makes up the four members that constitute quorum for this executive committee. That’s what I mean.

I hope that the Attorney General is understanding the point that I’ve been trying to make to her about how this cannot possibly be seen as self-regulation for lawyers. There’s no possible way.

Hon. N. Sharma: I do understand what the member is asking and saying, and I disagree, because I think it’s not based on the composition of the bill or the provisions that we are talking about.

The board, if they wanted to, can strike an executive committee. It’s one decision that’s in control of the board. The composition of that committee could be up to three lawyers. That is the chair of the board, the director who is a lawyer and the appointed member of the Lieutenant-Governor-in-Council. Those three could be lawyers if that’s the choice of the board.

I guess I disagree with the member that this creates a situation where, barring one lawyer not showing up at an executive meeting, it would crumble the independence of the bar and their ability to represent their clients with that level of independence, particularly because all of these decisions are in the control of the board.

M. Lee: We’re talking about the regulator itself. We’re not talking about individual decisions that are going to get in between a client and a lawyer, necessarily, unless we’re talking about a particular review decision through the tribunal, the details of the bill to come. We’re talking about what defines public interest, what defines risk of harm to the public posed by the practice. We’re talking about the regulation of the profession itself.

[6:30 p.m.]

That’s what clause 7(d) says: “Regulating the practice of each legal profession in a manner that is (i) transparent, (ii) timely, and (iii) proportionate to the risk of harm to the public posed by the practice.” That is the regulation of the profession. So when we’re talking about self-regulation, we’re talking about the ability of lawyers to self-regulate their own profession.

The Attorney General refuses to accept the point that I’m making. I’m only reading through the bill the way the bill reads. The Attorney General can construct another scenario, clearly — I don’t disagree: amongst the membership of the board, there can be lawyers that are appointed to the executive committee. That is clearly one possibility, though I’m getting at the opposite possibility, which is also true: this government has set up a mechanism where it’s possible that lawyers will not be part of executive committee decisions, because of the quorum requirement.

I can see why we’re at where we’re at right now. There has been complete lack of understanding and appreciation for the position of the Law Society, the Canadian Bar Association, the trial lawyers, any of these other organizations that I can only imagine, because I wasn’t part of these discussions, and that were under NDAs.

This is why there needs to be broader consultation, because clearly there’s a real lack of understanding. I can’t even get through these provisions to have the Attorney General understand the concerns that I’m trying to express because there is a fundamental disconnect. That disconnect is going to be the subject of litigation.

Why this government continues to proceed with that fundamental disconnect at play, when we can’t even get through provisions that recognize the concern of what is going to be subject of litigation — a constitutional challenge to this bill — is merely demonstrating, in example after example, clause after clause of this bill, how defective this bill is. I wish we had more time, but the government has brought closure in two more hours. This is something that’s fundamental to the legal profession and the administration of justice in our province.

I don’t have any more questions on clause 10.

Clause 10 approved.

On clause 11.

M. Lee: I would ask the Attorney General to consider what her understanding of public interest is, as defined under the Legal Profession Act, the current one.

Hon. N. Sharma: The term “public interest” is used in the current Legal Profession Act, and it’s not defined.

In the Cayton report that was issued by the Law Society, Cayton said it’s notoriously hard to define public interest because it is contextual and dependent very much on the evolving nature of issues and time periods and the exact issue that is being looked at. So even the current Law Society, in practice, does not have a definition of public interest.

[6:35 p.m.]

It is a common practice to not define public interest, and we have held that practice. We are entrusting the regu­lator, including our guiding principles, to help give context to inform the idea of public interest. But we are entrusting the regulator to do the work of understanding and seeing when something impacts the public interest, as situations and things evolve.

M. Lee: Under section 3 of the current Legal Profession Act, it says:

“It is the object and duty of the society to uphold and protect the public interest in the administration of justice by preserving and protecting the rights and freedoms of all persons, ensuring the independence” — independence — “integrity, honour and competence of lawyers, establishing standards and programs for the education, professional responsibility and competence of lawyers and of applicants for call and admission, regulating the practice of law, and supporting and assisting lawyers, articled students and lawyers of other jurisdictions who are permitted to practise law in British Columbia in fulfilling their duties in the practice of law.”

Clearly, under the current Legal Profession Act, there’s an application of the importance of upholding and protecting the public interest. Here, when we look at clause 11, that requirement to uphold and protect the public interest is not even there. It says, “The board must establish an oath of office for directors that must include a commitment to act in the public interest,” but the words that go beyond the commitment are “the public interest in the administration of justice.”

Is it no longer a concern, for this government, that the public interest in the administration of justice is fundamentally important under the current Legal Profession Act and that under this proposed Bill 21, there is no commitment to the administration of justice when we talk about public interest.

Hon. N. Sharma: This question was directly asked and answered when we dealt with clause 6, by the previous member, where I explained administrative justice and what that change was about.

M. Lee: But we are on clause 11, and it uses the term “public interest.” This is on the oath that is going to be established by the board for directors, presumably all directors, that there must be a commitment to act in the public interest. Clause 6 says: “The regulator must exercise its powers and perform its duties under this Act in the public interest.”

In either case, when we’re talking about recognition of the importance of administration of justice by the direc­tors — who are directing the regulator, to whom the chief executive officer is reporting and from whom the board may delegate powers or duties to the chief executive officer — there is no mention of administration of justice as part of that oath. I’m asking the Attorney General: why is that the case?

Hon. N. Sharma: We did talk about this in quite big detail with the member for Abbotsford West, under section 6, on why we stopped using the term administrative justice. It’s not a matter of not caring or not seeing that as important. It’s a matter of it being a term that is not modern — in the sense of where it’s not defined, it’s not clear, it’s understood differently by people, and it lacks a solid way to apply it.

[6:40 p.m.]

The current benchers’ oath does not even reference administration of justice as a term. So we didn’t feel a need to put it in there, and we have removed that language from both 6 and 11.

M. Lee: I guess my question I posed earlier, about whether amendments would be brought forward by this government if it’s re-elected, to the Attorney General Act, will be coming.

If the Attorney General doesn’t know what the words “administration of justice” mean and how it could be applied in the context of regulation of the legal professions of our province, which underpin our judiciary, how does she actually meet her duties and powers under the Attorney General Act, which under 2(c) says: “must superintend all matters connected with the administration of justice in British Columbia that are not within the jurisdiction of the government of Canada”?

I know I talk all the time about the importance of the chief legal officer of this province, certainly when the Premier was Attorney General. It explains a lot of things as to why this government doesn’t seem to care at all about administration of justice. It doesn’t want to define it. It doesn’t want to use the term in the very bill that regulates the legal professions. How is that possible? Is the Attorney General suggesting that the administration of justice used in her own act that gives her powers and duties and responsibilities has no meaning?

Hon. N. Sharma: Although I appreciate that the member is going to great lengths to try to explain my role to me and what the Attorney General Act says, I can assure him that I have no need for that type of explanation. I’m fully aware of my roles and responsibilities with respect to my position and also the content of this bill. Again, the member seems to repeatedly say that I don’t understand what he’s saying. I do understand clearly. I just don’t agree with it.

I already mentioned how we removed administrative justice. It’s got nothing to do with what I understand as Attorney General. It has to do with what you put in a bill so the public will understand what it means to have the powers under this bill.

M. Lee: This bill, of course, is speaking not just to the public but to the regulator and the board who has to operate under this bill.

The more we talk about each clause of this bill, the more concerned I get about the Attorney General’s own understanding about the administration of justice, her role to protect the administration of justice and the public interest — what it means under the current Legal Profession Act.

It’s no wonder that we’ve ended up with a bill like this. I cannot understand why, when we look at the current Legal Profession Act, which talks about the importance of upholding and protecting the public interest in the administration of justice by preserving and protecting the rights and freedoms of all persons…. Well, I would have thought that preserving and protecting the rights and freedoms of all persons is understandable by the public.

I think the second component, of ensuring the independence, integrity and honour and competence of lawyers, clearly is not understood. Even though the Attorney General recognizes the word “independence,” as we’ve said throughout on Bill 21, it undermines the independence of lawyers. That may well be the reason why the independence, integrity and honour and competence of lawyers, or even the legal profession, is also not here.

Was there any consideration in terms of setting out the description of the oath of office to at least include and incorporate parts of what’s in the Legal Profession Act, and if not, why is that the case? Why were these important principles, objects and duties eliminated when it comes to the drafting of clause 11?

[6:45 p.m.]

Hon. N. Sharma: We spoke about this at length when we were at clause 6. The reason we spoke about it at clause 6 is…. Clause 6 very clearly defines the duties of the regulator. One of those duties is to ensure the independence of licensees.

M. Lee: So it’s not a duty, though, of a director to ensure the independence of licensees.

Hon. N. Sharma: I think I would say to this…. Putting it as a duty of the regulator quite specifically is the stronger position than under the oath. The current oath of the benchers, I’m advised, doesn’t talk about the Minister of Justice or the independence of the licensees as a core principle. Under section 5(b), the regulator is the board. It’s in a lot of ways that it’s clear that it is protected.

We would expect that the regulator, once they define that oath of office, will have the tools necessary to make sure all of these elements are put into that oath of office.

Clause 11 approved.

On clause 12.

M. Lee: Clause 12(1) sets term limits of no more than three years and may not serve more than six consecutive years.

A tribunal chair is someone who is a former director of the board. Is that correct?

[6:50 p.m.]

Hon. N. Sharma: That’s not correct. This section is particularly about board members. It doesn’t talk about tribunal members.

M. Lee: We’re just talking about term limits here, and there are terms of other roles with this regulator. I’m just confirming, for these term limits on directors, that…. Well, put another way, the term limits for directors in clause 12 do not apply to the tribunal chair. Is that correct?

Hon. N. Sharma: That’s dealt with, that particular question that the member has, in section 96, where it says that a director is not eligible to be a tribunal member for at least a period of a year.

M. Lee: So it’s until one year after the director ceases to be a director. That’s what it says. So to be clear, that means that the tribunal chair is not a director. Is that correct?

Hon. N. Sharma: That’s right.

Clause 12 approved.

On clause 13.

M. Lee: This clause, 13, deals with the removal of directors, which is a pretty important role or power. It says the director who contravenes the oath of office. What components or on what grounds would a director be removed for contravening the oath of office, given that it’s not known?

[H. Yao in the chair.]

Hon. N. Sharma: This provision gives guidance to the board, but it doesn’t dictate when the board may have a situation that requires the removal of a director. It is a practice of good governance to have that ability, in the instance that there is a director, as in 13(2), where some actions are “sufficiently serious to justify the director’s removal.”

That’s under the board’s consideration. This is a power that they can use. Under 13, it says that the board “may” remove a director, if it sees that it’s a necessary thing.

M. Lee: This is the reason why, with the lack of definition around the oath of office, it isn’t relating to public interest in respect of the administration of justice or protecting or preserving the rights and freedoms of all persons, ensuring the independence and integrity, honour and competence of lawyers or legal professionals. Without some of these key components, it is an ill-defined, not defined, oath of office.

This bill, under clause 13, is providing to the board the power to remove a director, which includes directors that are elected by lawyers. Again, the composition of the board, under sub 8.1(a) is lawyers that may well be directors, of course, elected by the legal profession, who can be removed for an oath of office that is unclear, undefined and not relating to the administration of justice.

There is no understanding or appreciation for the importance of that, or even protecting and preserving the rights and freedoms of all parties — which does speak to the importance of independence. When we talk about government control and government influence, this is another example where directors, even if they’re elected by the legal profession, can be removed in some way because there’s a contravention of an oath of office that has not been defined.

[6:55 p.m.]

The oath of office, as we went through in clause 11, does away with current provisions that set out the importance of upholding and protecting the public interest in the administration of justice — yet another example of how this framework, which this government is proceeding with, enables greater government interference — well, interference, in the sense that the director can be removed.

There’s a lack of certainty here, certainly, under this oath of office. We don’t know what it is. We don’t know why it has been changed in the manner that it has.

What are the other components of the oath of office, other than including a commitment to act in the public interest?

Hon. N. Sharma: I’ll just say that I find the line of questioning a little bit…. It lacks clarity, to me, because in some situations, the member is asking that we reach in and define things in a stronger way as government and dictate to the board what certain things mean, and in other ways, he’s saying that the whole bill is designed for too much government overreach and too much power.

We’ve been in this discussion for different sections. I’ve said clearly that this is something that we’re leaving up to the board and the regulator to decide, which, in my view, is an example of the government saying: “It’s not our job. It’s your job to do it.”

I think this question that is currently before me is premised on the idea that no government should exactly set out an oath of office and define what the duties are and be more prescriptive about when you can remove, and if you can remove, a director, which I would suggest would be government overreach. We decided not to go in that direction. We are leaving this up to the board to decide, including what the content of the oath of office is.

M. Lee: The Attorney General has just proven my point. I’m talking about the current provisions under the Legal Profession Act. That’s what is already set out under the laws of our province. Her act that governs herself talks about the importance of the administration of justice. These are the words that are in the Legal Profession Act itself now. Those words are removed. My point is: why has that been removed?

I asked her the question on clause 11. My concern is that the composition of the board under clause 8 sets it up where there can be government interference. And because the oath of office is not even defined…. It’s defined in a better way…. The objects and duties of the Law Society, the legal profession, are set out under section 3 of the current Legal Profession Act. That is being eliminated by this government — eliminated. This gives greater flexibility, lack of definition, for this board to operate in.

Again, as I said before, as far as I can see, the executive committee — for which there could be no lawyer present because of the quorum requirement, four members — could set that oath of office. That executive committee could determine the oath of office. There could be not even any lawyer involved.

My concern is the fact that a director who’s elected by the legal profession — the five of the 17, the minority — can be removed for lack of clarity around an oath of office that’s not even defined in this bill, particularly when in the current Legal Profession Act, we have clarity in what that means. We have clarity around the administration of justice.

Administration of justice is not even part of this anymore. It’s not even there in this bill. It doesn’t matter.

The more questions I ask at this committee stage, it only raises more and more concerns about Bill 21 — every single provision.

As we look at the code of conduct for directors established under section 18: “Code of conduct and conflicts of interest….” When I look at section 18, the code of conduct, we see that it is relating to policies and procedures relating to the following: “…identification and disclosure of conflicts of interest.”

[7:00 p.m.]

What else can a director be found to be removed as a director for contravening a code of conduct other than a conflict of interest?

Hon. N. Sharma: Again, this is left up to the board with the guidance of this act that is similar to existing provisions in the Legal Profession Act. So the subsection (1) has to do with the code of conduct that’s developed by the directors themselves. That is under section 18. That code of conduct will set what’s expected of a director of that board.

The next section (b) is related to…. We would expect, if you’re a licensee — whether you’re a paralegal, once there are registered paralegals, a notary or a lawyer — and you breach your own professional code of conduct, that would be pretty serious if you’re sitting on the self-regulating body, and that would be a reason for removal and bankruptcy.

These are similar to, I think, provisions in the current one but it gives the power to the board to do that but also gives them the flexibility to establish their code of conduct with respect to each other.

M. Lee: Focus, though, on sub 13(1)(a), which says “code of conduct for directors established under section 18.” When I look at section 18, there is no guidance given in the bill to what the code of conduct must include.

I’m asking the Attorney General: other than dealing with conflicts of interest, what other elements would the code of conduct established by the board that a director could be found to contravene…? What other elements are expected in that code of conduct?

Hon. N. Sharma: Just to correct something I said, there’s no current provision like this in the current Legal Profession Act, but the Cayton report recommended something like this.

[7:05 p.m.]

So we looked to the current code of conduct to give some examples. Although it’s not certain, I suspect they would continue in a new code of conduct developed by the board itself, and they would include disclosure of confidential information, relationship with staff or disrespectful relationships, things like conflict of interest and not personally benefiting from the position as a director, things like that.

M. Lee: What is the difference between the code of conduct referred to in sub 13(1)(a) and the code of professional conduct in sub 13(1)(b)?

Hon. N. Sharma: There are some key differences between the two.

One is a code of conduct, so that’s the sub (1)(a), that is established by the board itself under section 18. And section (b) is the professional code of conduct. So as a lawyer, you have a professional code of conduct that you should abide by.

M. Lee: When we talk about “sufficiently serious,” what is that test?

Hon. N. Sharma: That is a discretionary provision that’s up to the board to determine.

M. Lee: Is that a common test that’s been used in other legislation?

Hon. N. Sharma: It’s taken out of section 30 from the Professional Governance Act.

M. Lee: In terms of reasonable notice, what constitutes reasonable notice?

Hon. N. Sharma: That would be up to the board.

Clauses 13 and 14 approved.

On clause 15.

M. Lee: In terms of vacancies, under clause 15, what preserves the composition of the board in the event of a vacancy?

Hon. N. Sharma: These provisions would preserve the composition of the board.

M. Lee: In what way?

Hon. N. Sharma: These sections require vacancies to be filled promptly, and it sets out that process.

M. Lee: In terms of by-elections, how would the by-election be administered under 15(1)?

Hon. N. Sharma: Those decisions would be up to the regulator.

M. Lee: So the regulator would administer the holding of the by-election. Is that correct?

Hon. N. Sharma: Yes.

M. Lee: Again, the requirements of holding the by-election though, as to how it’s administered, is going to be administered by the board itself.

Hon. N. Sharma: The board would make…. We expect they would make the rules for the by-election, and they would likely delegate the oversight or implementation of that by-election to staff.

[7:10 p.m.]

M. Lee: That is what…. It’s not clear in (8)(1) as to how the election of directors would be done. Is the Attorney General confirming, then, that it would be done in the same manner that she described in case there’s a vacancy?

Hon. N. Sharma: This section refers to the requirement that the by-election must be in accordance with section 8. That’s 15(1)(b) that refers to that. That would mean that if it’s a lawyer, a lawyer vacancy needs to be filled. If it’s a notary, the notary vacancy would need to be filled.

M. Lee: All I’m saying is that the Attorney General indicated that in terms of how a vacancy would be done, the lead-in language says the board must hold the by-election. But the lead-in language to 8(1)(a), (b) and (c) doesn’t say the board must do it. It just says what the composition is.

So where are the election requirements of the board set out? They’re not there under clause 8. Where is the election mechanism as to who must hold the actual election to get to the board, as composed in 8(1)(a), (b) and (c)?

Hon. N. Sharma: It’s under 28(2)(a) that that power lies.

M. Lee: Okay, thank you.

Clauses 15 and 16 approved.

On clause 17.

M. Lee: In terms of quorum, now we’re talking about the board itself under clause 17. It is subject to 28(j). The quorum of the board is 12 directors, once again not setting any composition requirement of the 12. So it’s possible for the board of 17 directors to have only a quorum of 12, as it says, and for the five elected directors, among lawyers, not to be present for that board to function.

Just like I was saying on the executive committee provisions, which are set out in clause 10, again here is another example of how the self-regulation of lawyers is undermined by the bill itself. The board can function with a quorum of 12 directors out of 17, meaning it can conduct its business in the public and do so on the basis where none of the five elected lawyers could be present. If they’re not present, the board can continue with this business.

That’s the entire board, and that means, again, there is no ability of lawyers who are directly elected from the membership, from the legal bar in British Columbia, to be present in the work of the board and the governance of the board, which includes appointing a tribunal chair, appointing a chief executive officer, passing resolutions and making rules and establishing committees of the board. These are all powers that the board reserves to itself that aren’t at the executive committee.

So all the powers and duties, whether at the board level or the executive committee, can be dealt with without any of the elected lawyers present at the meeting of the board or even at the meeting of the executive committee, because of the quorum requirements set out in 10(3) and 17(3).

[7:15 p.m.]

Again, to the Attorney General, just to give her the opportunity to reply to my concern that this is yet another example of how self-regulation is being eliminated, because the quorum requirement doesn’t even require the five elected directors to be present for the board to function.

Hon. N. Sharma: I’ll just start by saying that we believe that every director has a duty to act in accordance with the duties that are outlined in the act, which includes positioning themselves to make sure that the independence of the licensees is protected.

I think a lot of the discussions about quorum or not quorum assume that each director doesn’t hold that duty, whether they’re a lawyer or not. I would challenge that to say that no matter what, it’s the duty of a director — and a director is a director is a director — and their job is to uphold the duties that are outlined in them. We would expect that from everybody, just like you would on any governance board.

I’d also expect that there would be a duty for directors to attend their meetings, and a good CEO would make sure that they were scheduling and outlining their meetings at a time where everybody could attend.

Also, they have the ability in their code of conduct to set out the code of conduct that’s required by directors with respect to how they show up and how often and if there’s a problem with vacancies or somebody not attending.

All those things are protective measures to make sure that an appropriate number of voices are there.

I’ll just also say there are at least nine lawyers on this board — possibly more, depending on how the appointments are. At least nine lawyers is a majority of the 17. Certainly with a quorum of 12 directors, we expect lawyers to be well represented.

M. Lee: The Attorney General said that there are at least nine lawyers and possibly more. How is it that there might be possibly more when the bill itself doesn’t spell that out?

Hon. N. Sharma: The three order-in-council LG appointments.

M. Lee: If that’s the case, why didn’t the government just spell that out, because it does spell out that one of the individuals must be an individual of a First Nation?

Hon. N. Sharma: Although it’s not a requirement, it’s possible. I would say that it also…. We talked, when we were at that section, about how the Attorney General would consult with the board before making those appointments, to understand the board’s needs.

M. Lee: We’re back, though, regardless of the fact that there are only five elected lawyers that will serve as directors of the regulatory board…. Again, I know the Attorney General likes to talk about the fact that there are nine lawyers on the board, but the fact of the matter is only five are elected directly from the lawyers themselves. That’s the core tenet around the self-regulation concern.

I appreciate the Attorney General trying to talk about the possibilities of what might be in the code of conduct attendance requirements or expectations. I will say, though, in terms of the duties of directors…. We have the duties of the chief executive officer spelled out. We have a code of conduct that doesn’t say anything other than conflicts of interest. We have the powers and duties of the board, and we have the oath — even with the oath, of course, we’ve talked about.

[7:20 p.m.]

But we don’t have a clear indication of what the duties of the directors of this regulator are. What are those duties?

Hon. N. Sharma: Section 5(1)(b) makes it clear that the regulator consists of the board, so it links that. The duties of the regulator are the duties of the board, and the duties of the regulator are listed under section 6.

M. Lee: When we look at the duties of the regulator as being the duties of the directors here, and we’re talking about the quorum, the Attorney General is suggesting that it doesn’t matter whether they’re elected or not, that all directors have the duties of the regulator and establishing standards and programs for the education, training, competence, practice and conduct of applicants, trainees and licensees and law firms.

It’s the expectation of the Attorney General that the board, for example, without five elected lawyers who are directors of the 17-member board because of the quorum requirement can proceed to set standards for law firms. That’s what the Attorney General is saying. Is that correct?

Hon. N. Sharma: I would expect that those elected directors would show up to meetings, so I’ll start with that.

The other one, I would say, is what I said before, which is every director has the same duties despite the backgrounds that they might have. One of those duties is to uphold the independence of the licensees.

Because of the makeup of the board, with at least nine lawyers present out of the 17 — at least; there could be more — it’s highly unlikely that lawyers wouldn’t…. Well, I think it would be numerically impossible for lawyers not to be part of that quorum somehow.

M. Lee: I’m just talking about the five elected lawyers, though. It is numerically possible, as the Attorney General just said…. Because the quorum requirement is set as 12 directors out of 17, it is numerically possible to not have any of the five elected lawyers present when they’re making a decision around setting standards for the conduct of law firms. Is that not correct?

Hon. N. Sharma: Yeah, it is numerically correct. But I’ll just say again: I think the line of questioning seems to be accusing appointed lawyers, paralegals, notaries and any member of the public, including representations from Indigenous communities that would be on the board, as having some kind of ulterior motive or different play in the public interest in representing legal professionals or fulfilling their duties on the board. I would say that wouldn’t be accurate and it, actually, wouldn’t show up.

It also points to some difference between directors that are appointed and the elected that are lawyers. I would say that also is a false separation.

[7:25 p.m.]

Every director that would be on that board would have the same duties and responsibilities as every other director. We expect them to fulfil all of them and the mandates that are set out, for not only legal professionals but also for the public.

M. Lee: In the time that we’ve had — we’ve got an hour left now — I’ve tried to establish examples of where the bill has failed in an aspect of governance to preserve any aspect of self-governance for lawyers, based on the fact that there’s a minority of lawyers who are elected directly by lawyers themselves on this board, the five of 17. And in terms of meetings of the board and governance of the board, the Attorney General again acknowledges that she does not see the difference.

That is another way of expressing it — that she does not see the difference whether a lawyer is elected or appointed. That is a fundamental disconnect and disagreement, for sure.

I think we’ve made the points that we can on clause 17.

Clause 17 approved.

On clause 18.

M. Lee: We’re back at clause 18, and we’ve had the discussion about what codes of conduct for directors mean. Of course, we are bringing forward three regulated types of legal professionals into the same regulator. When we’re talking about conflicts of interest, do those conflicts of interest extend to the different interests of the three legal professions?

Hon. N. Sharma: It’s the conflict of interest as we would understand it — also as lawyers, I think, the member and myself — in terms of the prevention of any director of the board having some aspect of personal gain from a power that they would exercise or have the ability to exercise in the course of their duties.

M. Lee: So this conflict-of-interest-type provision is only based on the personal interests of directors as opposed to some other interests. Is that correct?

Hon. N. Sharma: Maybe I’ll best illustrate this through the Cayton report, which identified conflict of interest as an important aspect of governance for the board. He said: “The principles around conflicts of interest are well understood. When a board member knows that they have a personal, professional or financial interest in a decision, they should declare it and withdraw their involvement.”

[7:30 p.m.]

M. Lee: In recognizing a disclosure of interest, as a board member receives the agenda for an upcoming board meeting…. This is contemplated that there be at least four meetings a year, on a quarterly basis. A member of one of the legal professions, or more than one of them, has a professional interest in the item that is being addressed at the board meeting, relating to areas that might be rules or regulations of another legal profession for which there might be scope-of-practice considerations between the two professions….

Is that an example of a professional interest that those directors must withdraw from or disclose their interest under what is contemplated under clause 18?

Hon. N. Sharma: I mean, I think we have similar duties as elected officials with respect to conflict of interest. If a director, and we would expect this, is involved in a decision or has a role to play in a decision that has an impact on their own financial interests, and they are opposing it or are participating in that decision, then I would hope that that would be declared a conflict of interest, and that person would not participate in that decision.

Clauses 18 and 19 approved.

On clause 20.

M. Lee: Here we have the appointment of the chief executive officer and the establishment of a committee to nominate persons for the purpose of the appointment to be the chief executive officer.

The committee under sub 20(3) is comprised of “no more than 5 members, of whom at least one is a member of the Indigenous council.” Then also: “(4) Before appointing a person as chief executive officer…the board must consult the Indigenous council.”

So in the bill itself, this is a provision that’s appearing before part 4, which relates to the Indigenous council itself and the composition, the role, the policies, procedures and the like.

Now we have the interaction between the board that we’ve talked about at length on clause 8 and what follows and the Indigenous council itself. There is a role that a representative of the Indigenous council plays in the nomination of a chief executive officer of the regulatory body and that the board itself must consult, on the whole, with the Indigenous council before making the appointment or rescinding the appointment.

In terms of rescinding the appointment, once a person is appointed as the chief executive officer or the regulator, there’s a role that the Indigenous council plays in deciding whether the board of the regulator can rescind the appointment of that CEO. We typically expect, of course, the board of a regulator to be fully empowered to deal with and hold accountable the CEO.

This is a different accountability mechanism that says that the board itself or the regulator can’t rescind the appointment of the chief executive officer and needs to consult with the Indigenous council.

[7:35 p.m.]

This provision appears in the bill, as I said, before the Indigenous council itself. So we haven’t yet had the opportunity to describe or get into the composition of the Indigenous council and its role. But if I look at the role, because it’s related now to clause 20, and I see….

I look at the role to advise and work in collaboration with the chief executive officer, advise on a matter referred to the Indigenous council by the board or the chief executive officer, participate in strategic planning, advise, exercise the approval powers conferred on the Indigenous council by this act, advise the board on the appointment of Indigenous members of the licensing committee and the tribunal.

Is it spelled out anywhere in this bill as to what the basis is for how the Indigenous council will be consulted, meaning what perspective, from a governance point of view…? When we’re talking about rescinding the appointment of the chief executive officer, on what basis…? Are we talking about sharing information now, from the regulator to the board, with the Indigenous council, as to the performance of the CEO, concerns on an HR point of view outside the board with the Indigenous council?

Is that the mechanism that is being established here when we’re talking about the fact that the Indigenous council must be consulted with prior to any rescinding of the appointment of the CEO? Is that what is contemplated here?

Hon. N. Sharma: First, I want to start by commending the work of the Law Society over the years. They have really put reconciliation as a focus when it comes to making sure that Indigenous voices are heard and represented, even developing a course with respect to a requirement for every lawyer to take with respect to the history of Indigenous people in the province and law.

I think all parties agreed that it was important to integrate and further this work within the bill that we have before us today. There are certain key ways that it does this — that is, by establishing an Indigenous council, but not as a token organization that has no role in the new regulator to actually effect change. We see this as a big access-to-justice component and issue, and I think all parties agree with respect to that.

In this regard, with respect to one of the key decisions, which is a CEO, the Indigenous council, the composition of which is appointed by the board itself in accordance with further provisions, is a key component. Although it says that the board must consult with Indigenous council, the act does not prescribe the steps or the content of that consultation. It just sets out that as one of the requirements for the key decision.

M. Lee: I certainly recognize the efforts of the Law Society and law societies across the country in terms of reconciliation with Indigenous peoples and First Nations and the work that the Law Society of British Columbia has done.

Perhaps, given that the Attorney General cited that, let me just ask, in the context of addressing clause 20, which does refer to the Indigenous council, certainly the role that it plays vis-à-vis the chief executive officer….

I’m recognizing that we haven’t yet got to part 4 of the bill, under clause 29, but in any event, because the Attorney General just mentioned the Law Society, can I ask what the level was of consultation and understanding, even under the NDA, in respect of the establishment of the Indigenous council in the context of Bill 21, with the Law Society?

[7:40 p.m.]

Hon. N. Sharma: As a government, we’ve never been quiet about our commitment to reconciliation, and neither has the Law Society. In the conversations I’ve had, I know that the Law Society does agree with that role of reconciliation, particularly when it comes to access to justice, and therefore I am very hopeful that they agree with where we landed in the context of this bill.

I will note that the CBA of B.C., in the letter that the member quoted earlier on in this debate, said that they support the creation of an Indigenous council to play a meaningful and substantial role in the work of the legal regulator.

M. Lee: With the Law Society itself, though, were the details of the Indigenous council, the way it’s constructed and incorporated into Bill 21, provided prior to the first reading of the bill?

Hon. N. Sharma: Out of respect for the discussions that we had under that confidentiality, I’m not going to disclose the content of the discussions we had with the Law Society in that regard.

M. Lee: The details that are set out in clause 20 and the Attorney General’s previous response in terms of how the Indigenous council will be consulted are not defined at all in this bill — what the expectations are, what the role of the Indigenous council is, the information that would be provided. It suggests that because it just says “consult,” the scope of the consultation is not spelled out.

Given that the governance parameters of the board are also not spelled out — the oath, the code of conduct — there are a lot of details to be set out. But it is an area where clearly, even as I was discussing with the minister responsible for Indigenous Relations and Reconciliation, even when I use the word “consultation” in a different context…. I think it just underlies the point of what consultation means.

Certainly, when you juxtapose that against Indigenous council or Indigenous bodies or First Nations, as we all recognize, the words “consult” or “consultation” take on a very high standard. So I think this is more than just a check-the-box kind of consultation, I’m sure. If it’s a meaningful consultation, it would suggest we’re talking about sharing details around performance, and perhaps it’s even performance to meet the objectives relating to what’s set out in the duties of the chief executive officer, which does include a focus on reconciliation.

Maybe I should just ask the question that way to the Attorney General. Is the consultation with the Indigenous council focused on the duties of the chief executive officer, for example, which is to support reconciliation with Indigenous peoples, as well as identifying, removing and preventing barriers to the practise of law that has a disproportionate impact on Indigenous persons?

Would it be that the consultation with the Indigenous council, when it comes to the removal, the rescinding of the appointment of the chief executive officer, will relate specifically to areas that affect Indigenous peoples?

[7:45 p.m.]

Hon. N. Sharma: Okay, so I’m going to start by making it clear that the use of the word “consult” is not in the constitutionally defined jurisprudence related to consultation with First Nations. It’s used in its plain language meaning of consult.

Then just to say that the Indigenous council, to situate it maybe a little bit differently than the member is talking about, is part of the regulator. So the Indigenous council is not an external advisory board or committee. The Indigenous council is part of the regulatory body, so an established structure within that, and appointed members are appointed by the board.

We would fully expect that in the operation of regulatory decisions, particularly when it comes to a key decision like the CEO, one of the things that came from the work that the Law Society is doing is a clear statement by them. It’s clear that there needs to be a trust-building exercise with First Nations, particularly in how the legal system has worked throughout the history of colonization as one of the primary tools of it.

In that acknowledgment comes the thinking that a CEO is a key decision-maker and a key authority when it comes to furthering that trust or establishing an organization that is committed to doing that work. So as one of the key decisions of the regulator, and the structure of that, we think it’s appropriate that that internal structure of Indigenous council is consulted. We leave it to the board, although we expect it would be meaningful, to decide the content and what that looks like in terms of the process.

Clause 20 approved.

On clause 21.

M. Lee: On 21, in sub (c), how will the CEO be expected to work “in collaboration with the tribunal chair to ensure independence of the tribunal from the regulator,” when the tribunal chair can be someone who is a former director, at least having left being a director for one year?

How will the CEO ensure independence of the tribunal from the regulator, given the structure of who can be eligible to be the tribunal chair as a former director?

Hon. N. Sharma: The current structure involves a bencher sitting on the tribunal, clearly to set up an independent structure. It was some of the guidance the governance reviews had provided. It would mean that you would have a level of independence for tribunal members.

If the directors felt like, in practise, a person that is a director should never sit on the tribunal, they could make that decision. What this bill is designed to do is to at least include a cooling-off period where, if you were a director, it would be a year, at least, after, before you could serve as a tribunal member. That creates a level of independence that doesn’t currently exist with the tribunal.

[7:50 p.m.]

Also, the bill contains structural independence of that tribunal, which is set up in various provisions.

Clause 21 approved.

On clause 22.

M. Lee: Just to the Attorney General, when I see the efforts, of course, to focus on reconciliation initiatives, particularly the implementation of DRIPA….

Well, let me just ask for clarification. Is that not meant to say the implementation of the Declaration on the Rights of Indigenous Peoples Act? That is the instrument of government that actually implements UNDRIP.

Hon. N. Sharma: This is an important distinction that shows the independence of the government from the regulator.

DRIPA is an obligation of government. It’s not an obligation of an independent governing body like the regulator. So the reason for 22(1)(a) listing that is to ensure that the new regulator incorporates that declaration into their work.

M. Lee: When Bill 41 was reviewed in the Legislature 4½ years ago…. When I participated in that review, it was with an understanding that the way that the govern­ment of British Columbia was adopting and implementing UNDRIP was through the Declaration on the Rights of Indigenous Peoples Act. There were very much clear understandings as to how that would be adopted and implemented.

To see UNDRIP just incorporated here on a stand-alone basis suggests that there will be a broader application of UNDRIP without the government’s own positions that it has taken. Even the Mineral Tenure Act review…. It’s an illustrative document that is to be led through the lens of section 35 jurisprudence. It is providing no new rights as a result.

Is the way that this is expressed here intended that the regulatory body will have a broader application beyond even where the province of British Columbia is adopting and implementing UNDRIP through DRIPA?

Hon. N. Sharma: Okay. I think it’s clear what the wording of this provision does. It fulfils government’s commitment to DRIPA by incorporating this through the act. The chief executive officer….

There must be reconciliations led by the regulator, including initiatives related to the following. It doesn’t prescribe what those initiatives would be or say, in particular, how they would undertake that. That’s just an obligation of the regulator.

One of the things to, I think, mention again here is this idea…. We are not prescribing things to the regulator.

The member talked about the actions that we’ve taken and how we’ve undertaken to implement DRIPA through our government and our government decision-making. That’s a government decision that an independent regulator will have to make their own decisions about.

Those two paths of precedence or policy or guidelines must be completely separate. We wouldn’t impose that on the regulator. Just to make sure we’re fulfilling our commitments to UNDRIP in our legislation…. We would put this in legislation to make sure it’s part of the role of the regulator, however they see fit to implement or perform those initiatives.

M. Lee: This is an area of Bill 21 that deserves more attention in terms of how government is proceeding with the adoption and implementation of the Declaration on the Rights of Indigenous Peoples Act.

[7:55 p.m.]

We know that there are 89 actions in that five-year action plan that the government is now in the third year on. The way that this bill is provided is a broader application in a broader sense.

Let me just say that…. To complete the question before coming to another question: is the Attorney General of the view, though, in terms of the requirement under section 3 of DRIPA, that this Bill 21 aligns with the UN declaration on the rights of Indigenous peoples?

Hon. N. Sharma: Yes.

M. Lee: What specific articles of UNDRIP does this bill align with?

Hon. N. Sharma: The ministry has taken numerous steps to ensure alignment with the UN declaration. To the member’s question, which specific articles are relevant and we think we’re in compliance on are articles 2, 5, 18, 19 and 34.

M. Lee: The work that’s being done to implement DRIPA, in accordance with UNDRIP…. We’ve had Dr. Roshan Danesh, who has provided an important role, who has been engaged by the government to advise government on section 3 alignment with DRIPA. Has Dr. Danesh been involved with this Bill 21?

Also, similarly, we know that Doug White, as special counsel to the Premier, has had significant work for the First Nations justice strategy and the First Nations Justice Council. Has Mr. White also been involved in any way with Bill 21?

Hon. N. Sharma: No to both of those questions. It was the First Nations Justice Council and direct discussions with First Nations that led to this work.

Clauses 22 and 23 approved.

On clause 24.

M. Lee: In terms of the independent review, what is contemplated here in terms of who would conduct that review?

Hon. N. Sharma: It would be a decision that would be up to the board to decide.

M. Lee: In terms of the scope of the review, it is to conduct a review of the extent to which this act, the regulations and the rules facilitate access. Is that the only point of the review, or are there other points of this review?

[8:00 p.m.]

Hon. N. Sharma: I’ll just note that the board, just like the current Law Society or notary society, can do a review whenever they want, just like the Cayton review. They can select an independent reviewer or review something related to either their duties or something that’s happening in their professions that they would like to take a look at and that is in their purview.

This is something that’s specific about the things we see need to be fixed in the provision of legal services, which is access to justice. So they must appoint a person to understand the way this act and the rules facilitate access to justice in this province, and we prescribe “the date unto which that must be found.”

It’s a key component of the work that we are doing and the work that we want to see done by a regulator. Their own studies have shown that six out of ten people don’t go see a lawyer when they have a legal issue. So this is why we saw fit to put it specifically and prescribe it in the bill.

Clause 24 approved.

On clause 25.

M. Lee: So 25 makes reference to 38(1)(f) or (g), which just relates to individuals who are trained in another jurisdiction. In terms of mobility rights in this province, what does that…? In terms of other practitioners who are authorized to practise in British Columbia, those rules are set out where?

Hon. N. Sharma: The rules are not set out. It just is enabling them to make rules in that regard. Specifically, section 38(f) and (g) that the member was mentioning was about people authorized in other jurisdictions who are also authorized in B.C. to practise law and a practitioner of foreign law who is authorized to practise in B.C. So it just gives that clarity of the scope of the rules but doesn’t prescribe what they are.

Clause 25 approved.

On clause 26.

M. Lee: On 26, once again, it refers to the board having to consult with the Indigenous council “respecting the extent to which the rule accords” or before making a rule. This also relates to even the first set of rules that needs to be established.

Again, as I have done with previous provisions in this bill, I had a discussion with the Attorney General about some of the transitional rules that govern how we get to the first set of rules. That is set out in 226, that there is a requirement that the transitional board and the transitional Indigenous council must collaborate to develop the first set of rules.

[8:05 p.m.]

The question is…. Presumably, of course, here we have in clause 26: “Before making a rule, the board must consult the Indigenous council respecting the extent to which the rule accords with the principles set out in section 7 (b) and (c).”

There are other requirements, as well, in terms of, as I just mentioned, the role of the Indigenous council. When we’re talking about collaboration, the requirement for the transitional board and the transitional Indigenous council or even the board and the Indigenous council to collaborate or consult with one another…. What happens if there’s a disagreement between the board and the Indigenous council, if there’s an impasse between the two bodies in respect of a transitional rule or otherwise?

Hon. N. Sharma: I’m just going to start with the reasons for these provisions. I think it’s our view, and it certainly was the view of the First Nations Justice Council, that the establishment of the first rules provides an unprecedented opportunity to set a set of rules and guidelines that removes colonization, removes the negative impacts of the legal systems and those rules and procedures that may exist for Indigenous people and furthers the promotion of reconciliation. So it’s a key component of that work. This is why it’s structured that way.

The key term under section 226 is collaboration. We expect that with the council, who is part of the regulatory body…. The Indigenous council and the board would work collaboratively on those rules. That’s going to involve listening to all perspectives and understanding it. Actually, a lot of the rules may be very similar to existing rules. It’s getting at those ones that I think are problematic.

The member wonders what would happen if there’s an impasse. We would hope that, just like with all difficult decisions that a regulator may or may not encounter…. All the directors and Indigenous council members, I’m sure, would endeavor to solve those with the commitment and dedication they have to not only the cause but the work they do. I’m sure that would be the case. If asked to help, government would certainly assist in working through any impasses that might come up in that conversation.

M. Lee: There is no dispute resolution mechanism in the bill. The Attorney General has cited that there’s a hope that, through the spirit of collaboration, the Indigenous council and the transitional board would collaborate and find consensus on the key issues that are of concern.

[8:10 p.m.]

We also recognize, of course, if we get to clause 30 with the 20 minutes I have left, that there are different objectives and different focuses between the Indigenous council and the regulatory board itself. Even though the regulatory board has some reference to reconciliation initiatives, as we just talked about, with the CEO and also in the guiding principles under 7(b) of the bill, there likely are some very specific focuses that the Indigenous council has.

Just because the Attorney General addressed this, in terms of the First Nations Justice Council, what role did they play in the development of Bill 21? Were they subject to an NDA as well?

Hon. N. Sharma: The First Nations Justice Council is actively involved in implementing our Indigenous justice strategy, which is very important. Certainly, I think the idea of what the new regulator would be, would be an important component of furthering that goal.

Yes, they played a role in not only the pre kind of discussions on the idea of how this self-regulated but, also, under an NDA, looking directly at the bill.

Clause 26 approved.

On clause 27.

M. Lee: So 27(b) talks about establishing classes of licences, persons, entities, different rules for different licences and persons. This is an expansion of classes that might be part of the legal professions.

What, at this juncture, does the Attorney General anticipate will be how the board will proceed in terms of establishing other classes of licences, persons, entities, things, activities under this Bill 21?

Hon. N. Sharma: This is a very general rule-making power that’s to provide the authority of the board, just in general, with the discretion to make rules, whatever rules it deems necessary, for the effective functioning of the regulator. It’s very broad in its making, and it would just be that ability for the board to make the rules it deems necessary for legal professionals.

Clause 27 approved.

On clause 28.

M. Lee: I’ve just been informed that I was five minutes off. I have 12 minutes left.

Sub 28(2)(b), in terms of establishing a process for screening candidates. This is the merit-based process, but now it’s referred to as a screening. What is the screening process that will be established here?

Hon. N. Sharma: This is in the category of “may.” The board may make rules with respect to directors, and that’s establishing a process for screening of candidates in the election of directors, which is sometimes a common practice when it comes to candidates.

Certainly, you can conceive of a situation where you may want to make sure that all candidates don’t have any serious disciplinary action against them, for example. So just a process that they may take up, if they want to.

[8:15 p.m.]

M. Lee: I’ll just quickly note that this is another element of the bill where, again, we’ve had this fundamental disagreement about self-regulation — elected members of the board, the minority of five directors of the 17 and all of that. When we’re talking about the board establishing a screening process for candidates, this is the challenge.

The challenge is that, again, we have the minority of five elected lawyers who are directors of this regulatory board. This establishment of a process for screening candidates is another element where the board itself is establishing this process, which is not with the majority of elected lawyers having that presence on the board itself. I’ll just note that.

Clause 28 approved.

On clause 29.

M. Lee: On clause 29, there are lots of questions I could be asking about this Indigenous council, of course, but let me just start with this. In terms of the reference to Métis peoples, when it says, “nominated by Métis peoples or entities representing Métis peoples,” we know, of course, that the entity that represents Métis peoples in the province of British Columbia is Métis Nation B.C. Why is that not the entity that is contemplated here to be representing Métis peoples?

Then secondly, was the Métis Nation justice strategy consulted in the same way that B.C. First Nations Justice Council was consulted? Were they given an opportunity, as well, to provide input on Bill 21?

Hon. N. Sharma: The Métis Nation of B.C. was provided opportunity to give input on this bill, and we appreciate that. The reason for the drafting choice is because names of organizations can change, and those kinds of structures can change over time. So with legislation, when you stick with one, you’d have to have a legislative amendment in order to adapt it or change it. Because of that, it was important to capture Métis people and entities representing Métis people, so that’s the reason for the wording that’s been selected.

M. Lee: I continue to note, as has been the dialogue with the government, about the lack of recognition of Métis Nation B.C. We’ve seen this government, through the Minister of Indigenous Relations and Reconciliation, put out one letter to recognize them in May of 2023 and then two weeks later reverse the position. But I will leave that there.

I will also note that B.C. First Nations Justice Council is referred to in sub 29.1(c), and presumably they might be also subject to a name change, but I’ll leave that point there.

In terms of the Indigenous council itself, the Attorney General talked about the fact that if there’s an impasse between the Indigenous council and the regulatory board, government may assist with the process. That is not actually spelled out in Bill 21, so how will the government assist in this process if there is an impasse between the Indigenous council and the board of the regulator?

Hon. N. Sharma: Again, it’s not prescribed in the bill because we want to leave it up to the independent regulator to set up those policies, procedures and, in the instance, maybe mediation or something that would assist in coming to it. I don’t think it’s government’s job to prescribe those types of processes in this scenario. But we do think it’s important that collaboration is spelled out so that is something we know is going to happen.

[8:20 p.m.]

Like I said before, if there is a role for government to assist in the, hopefully, largely unlikely event of an impasse on the collaboration, then we would be happy to do so.

Clause 29 approved.

On clause 30.

M. Lee: I wanted to get to clause 30. It suggests, when we’re talking about the role of the Indigenous council….

The Attorney General just gave a response in terms of what would happen in the area of an impasse. It has not set out mediation or any other dispute resolution in the bill itself. The Attorney General said it will be up to the regulator to determine and set that out.

Well, if that’s the case, when we look at clause 30…. Does that suggest, as the Attorney General indicated before, that the Indigenous council is part of the regulator? Where does the Indigenous council sit, then, in terms of the organization chart, so to speak, of the regulator?

I’m looking very quickly at these provisions as I ask this question. We’re talking about participating in the regulator’s strategic planning processes, advising the board and exercising approval powers conferred on the Indigenous council.

In effect, is the Indigenous council underneath the regulatory board, in terms of organizational structure?

Hon. N. Sharma: It’s designed to operate within the regulatory body as a council, as I mentioned before, and to provide input and expertise on operational and governance issues. Some of those points are set out in the bill.

In terms of organizational structure, that wouldn’t be something that we would set out in the bill. It would be a decision of the regulator to see how that sits within their internal functioning, rules and procedures that they have a role in developing. There are certain things that we’ve put in here or places where we think it’s important that there be, for sure, an ability for there to be an interaction between the council and the governing body.

M. Lee: This may well be my last question. I just wanted to finish this line of inquiry. I appreciate that the Attorney General, and the team around her, has addressed the questions, to the extent that I was able to pose them, on Bill 21, on this process.

Just on this point, when I look at clause 30(b)(ii)…. It’s “a matter referred to the Indigenous council by the board or the chief executive officer.” That wording suggests, of course, that the Indigenous council is part of the regulator and that there will be matters referred. It does still leave a point of a lack of clarity here, structurally, on whether the Indigenous council is sitting side by side with the regulatory board or underneath the regulatory board. It’s important because….

The Attorney General is suggesting, in case of an impasse and a lack of agreement, let’s say, between the Indigenous council and the regulatory board…. The regulatory board itself will determine how the impasse will be dealt with or how decision-making processes will be dealt with or how consultation-making processes will be dealt with.

That’s suggesting, to me, that the Indigenous council is actually sitting underneath the regulatory board and, effectively, still governed by the rules. Even though they’re collaborating somehow on the transitional rules or are being consulted with — on the CEO, for example — the Indigenous council is still sitting underneath the regulatory board. Is that not correct?

Hon. N. Sharma: This may be my last answer. I appreciate the dialogue that I’ve had with the member here today.

[8:25 p.m.]

What I would say is…. I think, instead, the way we’re viewing the Indigenous council…. It will evolve as the regulator sets itself up and makes its rules and goes about figuring out what’s referred to the council and what’s not.

It’s an innovation. It’s an innovation and a new structure in the regulator. I don’t think we look at it in terms of an organizational chart of where it sits and how it sits. Likely, it would be integrated into the work of the regulator in ways that maybe I can’t think about at this point but will come up in the future.

The Chair: Hon. Members, it being 8:25 p.m., pursuant to the motion adopted by the House yesterday, the committee will now proceed to finalize a clause-by-clause consideration of Bill 21. In accordance with the time allocation motion, I will now put the question on all remaining clauses of the bill.

Members, a division on the remaining clauses and title cannot be called, but in accordance with practice recommendation 1, members may indicate passage on division. With that, we will proceed.

Member for Vancouver-Langara, can we go from clauses 31 to 77?

M. Lee: I have nothing more to say. We’ve closed, right? So I don’t have to be asked.

The Chair: You still can call on division if you want to call on division.

M. Lee: We’re still voting on this.

Clauses 30 to 77 inclusive approved.

On clause 78.

The Chair: Members, pursuant to the time allocation order adopted by the House yesterday, the amendment to clause 78 standing on the order paper in the name of the Attorney General is deemed to have passed.

[CLAUSE 78, by adding the underlined text as shown and deleting the text shown as struck out:

Entry and inspection

78 (1) For the purpose of an investigation, the chief executive officer may, subject to any limit or condition established in the rules, do any of the following without a warrant:

(a) during business hours, enter the business premises in which a licensee, trainee or law firm practises law;

(b) inspect or examine the records, or any other thing, of a licensee, trainee or law firm that relate to the practice of law by the licensee, trainee or law firm;

(c) observe the practice of law by the licensee, trainee or law firm or the licensee’s supervision of the practice of law.

(2) Despite subsection (1), the chief executive officer may enter business premises located in the private residence of a licensee or trainee only with the consent of the licensee or trainee or under the authority of a warrant issued under section 79 (3).

(3) For the purpose of an investigation, the chief executive officer may order a licensee, a trainee, the representative of a law firm or any other person who may have information or records that are rele­vant to the investigation to do one or more of the following:

(a) attend, in person or by electronic means, before the chief executive officer to answer questions on oath or in any other manner;

(b) provide written answers to written questions;

(c) produce for the chief executive officer a record or thing in the custody or under the control of the licensee, trainee, or law firm or person.

(4) The chief executive officer may apply to the Supreme Court for an order directing a person subject to an order under subsection (3) to comply with the order.

(5) In granting an order under subsection (4), the court may do the following:

(a) modify an order under subsection (3);

(b) make an order for costs of the proceeding.

(6) If a licensee, a trainee or the representative of a law firm fails to comply with an order under subsection (3), the chief executive officer may make an order suspending the licensee’s licence, the trainee’s enrolment as a trainee or the permit of the law firm until the licensee, trainee or representative complies with the order.

(7) An order under subsection (6) must

(a) be in writing,

(b) include reasons for the order,

(c) specify the duration of the suspension,

(d) be delivered to the licensee, trainee or law firm subject to the order, and

(e) inform the licensee, trainee or law firm subject to the order of the right to apply, under subsection (8), for a review of the order.

(8) A licensee, trainee or law firm subject to an order under subsection (6) may, at any time while the order is effective, apply to the tribunal for a review of the order.]

Clause 78 as amended approved.

Clauses 79 to 224 inclusive approved.

On clause 225.

The Chair: Members, pursuant to the time allocation order adopted by the House yesterday, the amendment to clause 225 standing on the order paper in the name of the Attorney General is deemed to have passed.

[CLAUSE 225, by adding the underlined text as shown and deleting the text shown as struck out:

Transition – advisory committee

225 (1) An advisory committee is established for the purpose of advising the transitional board and the transitional Indigenous council on the following:

(a) the transition from the operation of the former Acts to the operation of this Act;

(b) the first rules of the board.

(2) The advisory committee consists of the following members:

(a) the executive director of the Law Society or a designate of the executive director;

(b) the executive director of the Society of Notaries Public or a designate of the executive director;

(c) the executive director of the Law Foundation of British Columbia or a designate of the chief executive officerexecutive director;

(d) one member who is an employee of the government appointed by the Attorney General to act as a liaison between the government and the advisory committee.

(3) The advisory committee is dissolved on the amalgamation date.]

Clause 225 as amended approved.

Clauses 226 to 317 inclusive approved.

Title approved.

The Chair: Thank you so much, everyone.

I now recognize the minister to move the motion.

Hon. N. Sharma: I want to start by thanking the team that’s not only sitting here today but that is listening somewhere and has been for the last many days and many hours for their tremendous work on this piece of legislation, which I know will be transformative. I really want to raise my hands to them for the countless hours and exceptional work that they put into this.

I move that the committee rise and report the bill complete with amendments.

Motion approved.

The committee rose at 8:28 p.m.