Today in the legislature I rose to speak to Bill 21 — Environmental Management Amendment Act, 2016. Bill 21 is designed to provide the legal foundation for a spill preparedness and response regime in BC. The legislation requires new requirements for spill preparedness, response and recovery, and it creates new offenses and penalties. However, almost all important aspects of this bill are left up to the development of regulations. As such, it should be viewed as an enabling will with much more to come.

Below is are the text and video of my speech.

Text of Speech

A. Weaver: I rise to speak to Bill 21, the Environmental Management Amendment Act, 2016. Now, this bill is designed to provide the legal foundation for a spill preparedness and response regime in British Columbia. The legislation, as we just heard from the member for Saanich North and the Islands, puts in new requirements for spill preparedness, response and recovery, and it creates new offences and penalties. However, the problem with this bill is not so much what’s in it but what’s not in it. This bill puts much, if not most, of the items of interest into regulations.

I’d like to give just a couple of examples of this. I think it highlights what we’re debating. We’re debating an enabling legislation. It is clearly an enabling legislation, essentially enabling government to put in place regulations that will govern a spill response and regime. Before I can even get to a couple of examples of what is in regulations, I have to start with a definition. It’s a definition of what is called a responsible person. In this legislation, this amendment, a responsible person means “a person who has possession, charge or control of a substance or thing when a spill of the substance or thing occurs or is at imminent risk of occurring.” That’s what a responsible person is — rather broad.

I would like to give some examples, because I think it ultimately highlights how much we are essentially debating on here that has to be put in regulations. Section 91.11 would be added to the Environmental Management Act. Listen carefully:

“A regulated person must ensure that (a) on or before the prescribed date, the regulated person has a spill contingency plan that complies with the regulations….” What does that say? There’s a prescribed date; we leave it to government to prescribe it. The regulated person, whoever that might be, has a spill contingency plan that complies with regulations — not very specific.

So “(b) the spill contingency plan is reviewed, updated and tested in the prescribed manner and at the prescribed frequency….” Okay. That doesn’t give us an awful lot of comfort as to what that means.

Then: ” (c) the spill contingency plan is made available to employees of the regulated person in accordance with the regulations….” Essentially, it’s saying: “Trust us.”

And “(d) the spill contingency plan demonstrates that the regulated person has the capability to effectively respond to a spill, and (e) if required by the regulations, the spill contingency plan is published in accordance with the regulations.”

You can’t make this stuff up: “if required by the regulations, the spill contingency plan is published in accordance with the regulations ” Does this mean we wouldn’t actually publish the spill contingency plan if it’s not required? Does it mean that if in accordance with regulations at the end, we can just publish whatever contingency plan we want? I mean, it’s bizarre.

Further down:

“(3) A regulated person must ensure that, in accordance with the regulations, (a) records respecting investigations, tests and surveys referred to in subsection (2) are prepared and kept for the prescribed period….” Again, what does that mean? And “(b) prescribed reports are prepared and submitted to a director….” What prescribed report? Then: “(c) employees of the regulated person receive prescribed training to prescribed standards” — I’m honestly not making this up — “employees of the regulated person receive prescribed training to prescribed standards.” “Trust us,” says the government. And ” (d) employees of the regulated person engage in spill response training exercises and drills in the prescribed manner and at the prescribed frequency.”

We are being asked to certainly trust that government will have the best interests of British Columbians at heart as they develop — in their words, not in our words — a world-leading spill preparedness.

That brings me to another point. You know, in the field of science, when we hear universities describe themselves as world-class, we know right away that they’re not, because the people who describe themselves as world-class clearly are not world-class.

World-class scientists are described by others as world-class. World-class institutions are described by others as world-class. When this government stands up and says it’s building a world-class spill response, I can assure you that it will be anything but world-class, because we would be expecting others to look at it and tell us if it were indeed world-class.

Given what we’ve seen around us under the professional reliance model that this government is so proud to put forward…. We only have to look at Mount Polley. Was that a world-class response? I don’t think so. What about what’s going on in Shawnigan Lake? Is this a world-class process for a world-class land use agreement for a world-class containment facility? I don’t think so. Is our LNG “we’re going to world-class standards, cleanest in the world” rhetoric…? I don’t think so.

This government is full of rhetoric. It’s full of rhetoric that’s substanceless, and frankly, I’m tired of it. I’m tired of hearing them call themselves world-class. British Columbians are tired of hearing them call it world-class. They’re not world-class. They’re parochial and inward-looking and missing the bigger picture of what’s going on in the world around us.

With that said, I did participate as an intervener in the Trans-Mountain hearings over the last couple of years. Let me tell you, that was a lot of work — hundreds of hours, hundreds and hundreds of hours by the team, poring through papers, many unresponded-to questions.

What I learned from that is that British Columbia — in fact, Canada — has simply not the capacity to respond to any spill of any magnitude — in particular, when it comes to diluted bitumen. We have no idea, at the basic level of science, as to what would happen if diluted bitumen were to spill in, say, the Fraser River. We know there’s a lot of suspended sediment there. We know that a lot of it would sink, but we really don’t have any idea.

Frankly, it is reckless. It is reckless for this government to be talking about even entertaining the Trans-Mountain proposal and putting in place these regulations now, while still allowing one tanker a week, laden with diluted bitumen, to leave the Burnaby ports through our coastal waters when we don’t even have a response capability today.

Where is this government actually standing up and being truthful to British Columbians that we need an immediate moratorium on the transportation of diluted bitumen in our coastal waters because, as admitted in this Environmental Management Amendment Act, we don’t have any standards here in B.C.? If there were a spill, my riding of Oak Bay–Gordon Head and the riding of my friend here in Saanich North and the Islands would be devastated, yet we have no management plan in place.

The government is trying to put a management plan in place, largely for land-based spills, but we have none now. It is reckless and irresponsible for us to continue to put diluted bitumen in pipes and to have that product shipped in our coastal waters. A relatively new Trans-Mountain Pipeline proposal that was built in the U.S. is already leaking. It’s already leaking. Right now, there’s cleanup and concerns happening there.

The basis of this bill obviously comes from the pressure of the major oil pipeline proposals. I recognize it’s coming in response to the government’s willingness and desire, or condition No. 3, to have in place what they call, through the usual hyperbolic rhetoric, “world-leading spill response.”

This is their attempt, but really, it’s an attempt that we don’t know anything about, because it just enables the government — as is becoming more and more typical — in negotiation with industry, to put in place regulations as they see fit and then surround it and wrap this in rhetoric about “world-leading” and “consultation” and “listening to First Nations,” etc.

One of the things that I do appreciate in this — because it’s a fundamental principle within the Green Party of British Columbia — is that it’s based on a polluter-pay model. The person who makes the mistake pays for the mistake, not the taxpayer. So in that regard, I support this aspect.

The other principles, not the only one of which is polluter pays, that this is based on are risk-based requirements, avoiding unnecessary duplication, a fair and transparent process, opportunities for First Nations and communities in preparedness response and recovery, and strong government oversight and continuous improvement.

Now, again, the strong government oversight is something that I would love to trust. I would love to trust that we would indeed have strong government oversight. But the evidence is that we cannot trust this government to provide that strong oversight. Again, I come back to Mount Polley. Again, I come back to Shawnigan Lake, and there are other examples out there.

Let me give you probably what I perceive to be the most worrying aspect of this bill. It may not seem like much. It’s on page 15 of the legislation. We turn to page 15, and we look at (d), where it says: “by adding the following paragraph.” I’m going to read this slowly. I can’t make this stuff up: “(d) exempting a person, an organization or a thing or a class of persons, organizations or things from any provisions of Division 2.1 or the regulations under this Division, in circumstances and on conditions that the Lieutenant Governor in Council prescribes.”

Essentially, this says: “Anything we have in here we can exempt, if we want, as cabinet.” “Trust us”? I don’t think so, hon. Speaker. That clause is deeply, deeply troubling.

While I will recognize that this bill is a step in the right direction, it’s not clear to me that I can support it at this juncture. It’s not clear to me that I can support it in light of the fact that I have no idea where the regulations are going.

I look forward to exploring that further at committee stage to see what the government has in mind so that we might, as a matter of record for future occasions down the road, get a sense of what the government’s intentions are with respect to each and every one of these sections, of which there are many, where everything is prescribed by regulations.

Video of Speech

Today I had the distinct honour of addressing delegates to the 67^th Annual General Meeting and Convention of the Association of Vancouver Island and Coastal Communities (AVICC) in Nanaimo. As noted on their website, the AVICC

“… is a body formed for the purpose of representing in one organization the various municipalities, regional districts and other local governments of Vancouver Island, Sunshine Coast, Powell River and the Central Coast.“

The AVICC has 51 member municipalities, districts and local governments from these regions. Below I reproduce the text of my speech.

Text of my Speech to the AVICC

Please let me start by thanking the Association of Vancouver Island and Coastal Communities for granting me the opportunity to speak with you today.

The last time I addressed the AVICC was at the 62^nd AGM and Convention on April 8, 2011 at the Mary Winspear Centre in Sidney. I spoke as a UVic-based climate scientist on the challenges and opportunities associated with global warming.

If someone had told me then that I would be standing before you five years later as the MLA for Oak Bay-Gordon Head and leader of the BC Green Party, I would have told them that they must be crazy.

But here I am. And here we are.

Ultimately the reason I got into politics is probably very similar to the reason why you got into politics.

I cared deeply about my community and I wanted to do what I could to better it for present and future generations.

I was profoundly troubled by the direction this province was heading.

I could no longer stand on the sidelines and watch the dismantling of British Columbia’s provincial leadership on the climate change file as our government pursued an utterly unrealistic fossil fuel windfall from a hypothetical Liquefied Natural Gas sector in a desperate attempt to win an election that nobody thought they would win.

Well we are already seeing these promises unravel as the province chase a falling stock, doubling down and selling out future generations along the way. And I’ve been saying the same thing now for more than three years. The market did not, does not and will not, any time soon, support a BC LNG industry anytime soon.

Rather than chasing the economy of the last century we should be positioning ourselves as leaders in the 21^st century economy.

We have a unique opportunity in British Columbia because of three strategic advantages that we have over virtually every other region in the world.

1. Our high quality of life and beautiful natural environment attracts, and retains, some of the best and brightest from around the globe —we are a destination of choice.
2. We have a highly skilled work force. Our high school students are consistently top ranked — with the OECD specifying BC as one of the smartest academic jurisdictions in the world.
3. We have access to renewable resources — energy, water, and fibre — like no other jurisdiction. We have incredible potential to create a clean, renewable energy sector to sustain our growing economy.

But for British Columbia to actually capitalise on our strategic advantages, we must ensure we protect them.

A quality public education is not the luxury of a strong economy. A quality education is what builds a strong economy.

A Loraxian approach to resource management does not protect our renewable resources, natural environment or build public support. We need to move away from the professional reliance model and ensure our regulatory framework is complied with and enforced.

And we must start thinking about the long-term consequences of our decisions, decisions that put people, rather than vested interests or re-election goals first and foremost.

We should be using our strategic advantage as a destination of choice to attract industry to BC in highly mobile sectors that have difficulty retaining employees in a competitive marketplace.

We should be using our boundless renewable energy resources to attract industry that wants to brand itself as sustainable over its entire business cycle, just like Washington and Oregon have done.

We should be setting up seed funding mechanisms to allow the BC-based creative economy sector to leverage venture capital from other jurisdictions to our province.

Too often the only leveraging that is done is the shutting down of BC-based offices and opening of offices in the Silicon Valley.

And following the recommendations of both the B.C. Mayors Climate Leadership Council and the BC Climate Leadership team we should continue steadily increasing emissions pricing.

By doing so we send a signal to the market that incentivises innovation and the transition to a low carbon economy.

And the BC Greens have a plan about what to do with the revenue. The funding would be transferred to municipalities across the province so that they might have the resources to deal with their aging infrastructure and growing transportation barriers.

By investing in the replacement of aging infrastructure in communities throughout the province we stimulate local economies and create jobs.

By moving to this polluter-pays model of revenue generation for municipalities, we reduce the burden on regressive property taxes.

Stable, local jobs give rise to vibrant, resilient municipalities. Yet, building strong municipalities is about more than making smart economic choices at the provincial level.

It is also about ensuring that municipal governments are empowered to make the investments their communities need. It is about asking ourselves: “How do we finance our municipalities now and how might we better finance them in the future”.

It’s critical to immediately initiate a provincial dialog on the future of municipal financing. There is far too much downloading and deregulation that is putting increased pressure on municipalities.

Whether it be dealing with the failure of issues that fall under provincial or federal jurisdiction, pressures on municipal spending through the introduction of regulations that they have no control over, programs paid by municipalities for which they have little control over costs, or the cancellation of funding of programs that are still require to be offered, municipalities are often left on the hook.

Take an issue that affects everyone here. Coastal communities often need to step in to clean up derelict vessels. They often bear the cost of the clean-up even though it falls in the jurisdiction of higher levels of government. This is a glaring example of a dereliction of duty exhibited by both provincial and federal governments.

Is continuing to burden homeowners with property tax increases year after year really the best approach?

Or, could provincial and municipal governments instead work together to create a more progressive financing system that promotes, instead of impedes, the type of fundamental economic activity that we all value, such as buying a home.

It’s also critical that we bring the typically urban-based tech and rural-based resource sectors together. Innovation in technology will lead to more efficient and clever ways of operating in the mining and forestry industries.

I was recently told the story of a BC-based technology innovator partnering with a local mine to dramatically improve the efficiency and environmental footprint of their mining operations.

Rather than hauling thousands of unnecessary tonnes of rock to a crusher for processing, the new technology allowed the rocks to be scanned for gold content on site. This meant that prior to trucking, the company could determine if it was more cost-effective to simply put the rock to one side for use as fill later.

We should be investing in innovation in the aquaculture industry, like the land-based technologies used by the Namgis First Nation on Vancouver Island who raise Atlantic salmon without compromising wild stocks.

These are just a few of the many ideas that could help us move to the cutting edge in 21st the century economy.

Fundamental to all of these ideas is the need to ensure that economic opportunities are done in partnership with First Nations. And that means working with First Nations through all stages of resource project development – from conception to completion.

The Green Party of BC is a solutions-oriented party — one that fundamentally believes that policy should flow from evidence. I like to call this evidence-based decision-making, as opposed to what happens too often in politics today — decision-based evidence making.

We have a vision of a compassionate society that lives within its means while preserving the environment around us. It is a vision that guides us to think about the long-term consequences of the decisions we make today.

If you’ve been watching the BC Greens in the Legislature over the last three years you’ll see I’ve tried to offer government solutions to problems that are facing all of us.

As I learned in my scientific career, and as I tried to teach my students, criticism is easy. But what’s more difficult, yet far more valuable, is being constructive in one’s criticism.

If you don’t like my idea, tell me what you would do instead. That is the approach I have taken in the legislature. That is the approach of the BC Greens.

MSP reform, housing, affordability, and sexualized violence are issues that we’ve been able to make significant progress on this year.

I believe that the BC Greens have helped to shape the narrative and in a not insubstantial way have been strong agents of change on these files.

Most recently it was announced that another one of my private members bills is supported by the government — a bill requiring responsible pet ownership.

So what are the essential traits of a successful leader? I firmly believe is that it is being principled, honest, authentic, trustworthy and having integrity.

Leaders must have the courage to be honest with British Columbians about the risks and consequences of any government decision.

Leadership builds public opinion – it doesn’t follow it.

In the shadows of the massive challenges that we face, our province needs new leadership.

Leadership that offers a realistic and achievable vision grounded in hope and real change.

Leadership that places the interests of the people of British Columbia — not vested union or corporate interests— first and foremost in decision-making.

And it’s not only today’s British Columbians that we must think about, it’s also the next generation who are not part of today’s decision-making process.

We need leadership that will build our economy on the unique competitive advantages British Columbia possesses, not chase the economy of yesteryear by mirroring the failed strategies of struggling economies.

Leadership that will act boldly and deliberately to transition us to 21st century economy that is diversified and sustainable.

Yes BC needs leadership. But leadership doesn’t just rest with one person. Everyone here has the opportunity and responsibility to take this mantle of leadership on.

Leadership means inspiring others to act in ways that contribute to the betterment of their society.

We are all here because we believe BC has the potential to show this leadership.

I hope to offer that vision and that leadership to the people of British Columbia over the coming years and I look forward to working with all of you to make that a reality.

The fact is, very few of the important challenges facing our society can easily be placed within the traditional left-right political spectrum.

Addressing these challenges requires us to come together from across the political divide. It requires us to cooperate and collaborate across all levels of government. And it requires us to develop a social license before, not after, a policy pathway is chosen.

I’m asking everyone in this room to consider working together to find real solutions to the important problems that face us today —problems in affordability, homelessness, poverty, climate change, education and health care.

To conclude, I leave you with what Stephen Lewis stated at his UBCM speech in 2012. He noted that British Columbia has the most lunatic political culture in Canada. Everyone laughed.

But quite frankly, I think we should all have been ashamed.

We can do better. We will do better. And I commit to you today, on behalf of the BC Greens, we will to do our best to work with you to solve the challenges each and every one of your communities face.

Thank you and thank you to the AVICC for giving me the opportunity to present to you today.

For the past 15 years, the BC government has been unable to provide Francophone children in Vancouver with the quality of education they are constitutionally entitled to. Today in the legislature I questioned the Minister of Education about why that is and when he will relocate the children to a facility that meets their Section 23 rights.

In 2010, a group of Vancouver parents with children attending the Rose-des-vents primary school took the Conseil scolaire francophone de la Colombie-Britannique (CSF) and the provincial government to the BC Supreme Court. They petitioned the court to declare that lack of equivalency between the Rose-des-vents school facilities are those offered to English parents living in the same catchment area constituted a breach of section 23 of the Canadian Charter which guarantees that people whose first language is French, or who have received their schooling in French, have the right to have their children educated in either English or French. The court ruled in their favour but that ruling was subsequently overturned in the BC Court of Appeal by the province.

In an April 2015 Supreme Court of Canada reinstated the BC Supreme Court ruling and declared that a Section 23 infringement had taken place. It was the parents hope that this would bring all parties to the table to find a solution, but the province has continued to fight the rulings. The Province is  now seeking a Section 1, “reasonable limits”,  justification of a Charter breach.

After 15 years of frustration, parents whose children attend l’école Rose-des-vents are still being forced to send their students to a school with unacceptable conditions despite the Supreme Court of Canada ruling that their charter rights are being infringed upon.

L’école Rose-des-vents was established in 2001 as a temporary primary school that was intended to house 199 students. For the 2015/16 school year there were 357 students enrolled. The school has limited outdoor space, inadequate washroom facilities, classrooms without windows, and has been forced to lease additional facilities from surrounding buildings, including a church basement.

What is particularly frustrating is that parents have gone out of their way to avoid drawing out the process, only wanting to bring all parties to the table to address the infringement of their rights. It is unacceptable that they are still caught in a back and forth between the government and the School Board.

Section 23 of the Canadian Charter of Rights and Freedoms guarantees minority language rights, giving parents who fall under this right the entitlement to have their children taught in an equivalent educational facility to what they could receive in the majority language. Infringements of this right require urgent action on behalf of government. The Supreme Court of Canada Judgments noted that “…for every school year that governments do not meet their obligations under s. 23, that is an increased likelihood of assimilation and cultural erosion”.

In many cases, these children’s french-speaking parents have been recruited for jobs in Vancouver because they are bilingual. They bring a valuable skill-set to the city, but have to fight to have their Francophone children educated in the language they speak at home. The problem is only getting worse.

Francophone student numbers are going up, while enrollment for english-speaking schools in the rest of the city is going down.

In the Conseil scolaire francophone de la Colombie-Britannique (CSF; School District 93) “School District Facilities Plan”, dated November 2015, the board notes that one school is no longer sufficient. There is such a demand for elementary schooling that two catchment areas, each with its own elementary school are now required to ensure that the CSF is offering education that is of equivalent quality to that offered by the Vancouver School Board (School VSB; School District 39) – something they have failed to do for 15 years.

As you will see from the question period exchange reproduce below, while it is encouraging that the Minister of Education’s recognizes the problem, I did not get the sense it is being addressed with the sense of urgency it deserves. Given excess capacity in Vancouver School Board schools, perhaps the Minister can help facilitate timely discussions between the Conseil scolaire francophone and the Vancouver School Board to move decisively to ensure and agreement is developed, and that parents at Rose-des-vents finally see their children taught in a acceptable facility.

We’ve faced similar challenges in Greater Victoria over the last few years. Last year the Victoria School Board leased the recently closed Sundance Elementary to the CSF to meet growing demand. The CSF École Victor-Brodeur, located on the grounds of the old Harbour View Junior Secondary School, also expanded in 2012 into Lampson Street Elementary School that was closed in 2007.

Video of the Exchange

Question

It’s far too long now since parents at l’École Rose-des-vents have been trying to get this government to address their Charter rights to have their children receive a comparable public education in French.

For 15 years now, primary school students have faced unacceptable conditions — a school with a capacity of 199 teaching 357 students, in the 2015-16 school year, classrooms without windows and inadequate washroom facilities, all as part of sharing a program with the secondary school. After years of frustration, francophone parents went to court, arguing that section 23 of the Canadian Charter of Rights and Freedoms was being violated. The Supreme Court of Canada ruled in favour of parents.

Let’s be clear. For the parents, this wasn’t about assigning blame. In fact, their petition to the court specifically avoided the question as to who was to blame. Yet, despite the Supreme Court of Canada ruling, parents still don’t have any answers about when the infringement of their rights will be addressed.

My question to the Minister of Education is this. Surely, this is exactly the type of red tape that this government purports to want to do away with. Why, after over 15 years, has this government not stepped in to ensure that these children are getting the educational experience they are constitutionally entitled to?

Answer

Thank you to the member for Oak Bay–Gordon Head for the question. As I believe he’d be aware, because there is a court case going right now, I’m unable to talk about any of the specifics around that. What I can talk about is our support for school district 93 and for a Conseil scolaire francophone.

When you look around British Columbia right now, there are 290,000 French-speaking people in British Columbia. We have 40 francophone associations. Our French immersion in our school system has increased by 40 percent. I agree with the member opposite that there’s lots that can be done to continue to support the French-speaking students in our school system. We have 53,000 French immersion students in 273 school districts around the province. We also have school district 93, which has school districts right around the province. We continue to work closely with them.

I agree. There are opportunities that we have. We’re going to continue working with them, as we have been within my ministry, for the school, Rose-des-vents, to make sure that they have the best education possible for all students. Every student in British Columbia deserves the same educational opportunities.

Supplementary Question

It’s important to acknowledge that section 23 infringements require urgent action on behalf of the government. The Supreme Court of Canada, in the judgment, stated specifically: “For every school year that the governments do not meet their obligations under section 23, there is an increased likelihood of assimilation and cultural erosion.”

This is especially true in the case of École Rose-des-vents. In November of 2015, in the CSF school district facilities plan, the board notes that one school is no longer sufficient. In fact, francophone elementary schooling is in such demand that two schools are now required.

I don’t think it’s much to ask that after 15 years, parents be given more than just a commitment to study options and work with others. What is the timeline that the minister expects to see children relocated into a facility that meets their section 23 constitutional rights?

Answer

We have two challenges here. We have a school district based mostly in Vancouver that is looking for space. We have the Vancouver school board, which has lots of empty space. I think that we have a great opportunity here to put the two groups together. When you look at the school district, the growing enrolment….

Interjections.

Madame Speaker: Please wait, Minister.

Please continue.

Hon. M. Bernier: As the member opposite pointed out, we do have growing enrolment in CSF. It is one of the areas we do have growing enrolment, while we continue to see declining enrolments in the rest of Vancouver. One of the things that I think that needs to happen — and I will work on this — is making sure that we get that message out there, that we can have these opportunities for the school districts to work together.

If we have empty classrooms and we need those, then let’s start using those classrooms for students and have great education in Vancouver.

Today in the legislature I had the great pleasure of introducing Denis Canuel. Denis runs a professional gardening business here on southern Vancouver Island. He was the recent victim of a vicious dog attack featured in the Saanich News.

Later in the afternoon I introduced my private member’s Bill M212 — Animal Liability Act, 2016. Based on similar legislation in Manitoba, this Bill will ensure that owners of animals are held liable for the actions of their animals. Below I reproduce the text and video of my introduction of the Bill. I append our media release at the end.

Text of my Introduction

A. Weaver: I move introduction of the Animal Liability Act, 2016.

Motion approved.

A. Weaver: I’m pleased to be introducing a bill intituled the Animal Liability Act. Earlier this year a number of vicious dog attacks occurred in the Lower Mainland. Over the years, British Columbians have called on B.C. legislators to act.

According to the Canada Safety Council, more than 460,000 dog bites occur in Canada each year. Just last week, there was a case of unprovoked dog attack reported in Saanich, an attack that nearly left an individual without his employment for years to come. In this case, the dog was a repeat offender.

Here in B.C., we do not have adequate laws that ensure owners are liable for the actions of their animals. Indeed, we only have liability being imposed on the basis of scienter doctrine, negligence or, in some cases, the occupier’s liability act.

This bill would ensure that owners are liable for any damages resulting from harm that the animals cause to a person or property. This bill, based on similar legislation that exists in Manitoba, is designed to ensure that owners of animals take their ownership seriously and are held responsible for the actions of their pets.

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

Motion approved.

Bill M212, Animal Liability Act, 2016 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.

Video of my Introduction

Media Release

Media Release: April 6, 2016
Andrew Weaver – Legislation needed to ensure responsible pet ownership in B.C.
For Immediate Release

Victoria B.C. – Today Andrew Weaver, Leader of the B.C. Green Party and MLA for Oak Bay-Gordon Head, tabled legislation that would ensure pet owners are held responsible for the actions of their animals.

“Thousands of people are bitten by dogs in B.C. each year,” says Weaver. “While provinces like Ontario and Manitoba have enacted legislation to ensure that public safety is put first, BC is falling behind. We need appropriate measures in place to hold the owners of dangerous pets to account.”

Weaver introduced the Animal Liability Act, 2016, which is modeled on Manitoba’s legislation, to make owners directly liable for any damages caused by their pets. The Bill would not apply to damages caused by livestock.

“As it currently stands, when someone gets bitten by a dog the options available for legal recourse hinge on the dog having a previous history of violence. That’s simply not enough,” says Weaver. “This legislation does not affect the vast majority of caring, responsible pet owners. It targets negligent pet owners who are not appropriately socializing, training, or restraining their animals in public places.”

“In most instances I would expect this legislation to be used in situations where an irresponsible owner fails to take appropriate precautions and their violent dog attacks someone. If someone happened to have a particularly aggressive cougar, llama or emu and they let it run around biting people, however, it would certainly apply,” Weaver added. “We need clear liability legislation so that owners are required to ensure their pets behave safely and are held to account if their pet does behave in a dangerous manner.”

Media Contact
Mat Wright – Press Secretary Andrew Weaver MLA
1 250 216 3382
mat.wright@leg.bc.ca

Today in the legislature I introduced Bill M214 — Local Government Amendment Act, 2016.

If passed, this Bill will ensure that municipalities in BC cannot be incorporated without first ensuring that there are residents actually living in the area at the time of incorporation. This might seem like an unnecessary bill as it would seem obvious that a municipality, governed by a Mayor and two Councillors, should actually have people and property to govern. Well that’s not the case in the wild west of British Columbia politics.

Back in 2012, the BC Liberals amended The Local Government Act to allow mountain resort municipalities to be created that have no residents. In particular, this was done in support of the proposed Jumbo Glacier Mountain resort that I have written about earlier.

Given opposition to the resort by the Ktunaxa Nation, the fact that the environmental assessment certificate has expired, and that the project has not substantially started, it seemed timely to close the loophole for good as it sets a dangerous precedence.

Below I reproduce the text and video of my introduction of the Bill. I append our media release at the end.

Text of my Introduction

A. Weaver: I move introduction of the Local Government Amendment Act, 2016.

Motion approved.

A. Weaver: I am pleased to be introducing a bill intituled the Local Government Amendment Act.

In British Columbia, we have a municipality that has no houses, no infrastructure and no people. The Jumbo Glacier Resort is designated as a mountain resort municipality, and despite having neither any people nor any buildings, it is governed by a mayor and two councillors and funded by the province.

For the existence of a municipality to make any sense, it needs people. The Local Government Amendment Act would ensure that this be the case across British Columbia. This bill would close a glaring loophole created in 2012 by this government solely to support a project that has not substantially started. It’s opposed by the Ktunaxa Nation — and whose environmental assessment certificate has expired.

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

Motion approved.

Bill M214, Local Government Amendment Act, 2016, 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.

Video of my Introduction

Media Release

Media Release: April 6, 2016
Andrew Weaver – Municipalities in B.C. should not be created without people.
For Immediate Release

Victoria B.C. – Andrew Weaver, Leader of the B.C. Green Party and MLA for Oak Bay-Gordon Head, today introduced a Bill that would ensure municipalities could not be created unless there were people actually living in the area first.

“Normally you might assume that you would need to have people living in an area before you could form a municipality,” says Weaver. “That was the case in B.C. until the government made an exception a few years ago. In 2012 the government introduced a loophole that allowed Mountain Resort Municipalities to exist without any residents.”

Today Andrew Weaver introduced the Local Government Amendment Act, 2016. It is a bill designed to repeal the changes made in 2012 to the Local Government Act under the B.C. Liberals.

“The whole reason this ridiculous loophole exists in the first place is because this government has a pet project that it wanted to succeed, despite huge opposition from the local community and First Nations,” says Weaver. “Now a municipality exists that has no people, and to top it off it also has a mayor and councillors and the whole system is being funded by the British Columbian taxpayer. It’s an absurd situation and the bill I introduced today would close that loophole.”

“The approach to the Jumbo fiasco reminds me of how this government approached the Petronas deal last year. Not only are they choosing winners in the economy, they’re creating laws specific to helping those projects succeed. The laws of this province should not be used to help specific projects succeed or fail.”

Media Contact
Mat Wright – Press Secretary Andrew Weaver MLA
1 250 216 3382
mat.wright@leg.bc.ca