Today in the legislature we debated, at second reading, Bill 28: Public Interest Disclosure Act.

This bill proposes legislation based on the recommendations of the B.C. Ombudsperson’s report entitled Misfire: The 2012 Ministry of Health Employment Terminations and Related Matters, that was published in April 2017. The Misfire report examined the wrongful termination of seven Ministry of Health workers in 2012.

Below I reproduce the video and text of my speech.

Video of Speech

Text of Speech

A. Weaver: It gives me great pleasure to rise and stand to speak at second reading in support of Bill 28, Public Interest Disclosure Act. This act is a direct response to the recommendations from the Ombudsperson’s report Misfire: The 2012 Ministry of Health Employment Terminations and Related Matters, which was published in April of 2017.

While I sat in opposition over the last few years, similar types of pieces of legislation were proposed by the then opposition. It was termed whistle-blower legislation at the time, and this is the latest manifestation of that, clearly passed through legislative drafters in a quite substantive matter to give us the form we see here.

The Ombudsperson’s report that formed the basis of driving this bill here investigated the dismissal of seven employees by the Ministry of Health after an initial complaint incorrectly suggested a wrongdoing. That complaint gained rather a lot of momentum and instigated a rush to, some would argue, an inequitable and inappropriate investigation. At the end, there were clearly far-reaching consequences for the individuals involved. In one particularly tragic case, an individual committed suicide as a consequence of the whole process.

The purpose of this act is to provide protection and to develop processes for current and former public service workers who wish to make a disclosure of serious wrongdoing. Public service workers protected under this act are those who are employees of a ministry, a government body or office, including a person appointed by the Lieutenant-Governor-in-Council under the Public Service Act. Again, it’s important that civil servants be given such protection in the case of the desire to actually protect the public interest and to be able to bring forward to the public significant matters of public interest when, say, a wrongdoing is noticed.

You know, in the United States right now it’s a bit of a free-for-all in terms of whistle-blowers disclosing left, right and centre. I suspect they should have such legislation, if they do not. In British Columbia’s case, and Canadians in general, we take these matters very seriously. We’re respectful, and typically Canadians, by our very nature, are sometimes…. We don’t like conflict. We don’t like to actually create conflict, but we like to be protected when we see an injustice being done that needs to be brought forward so that injustice is dealt with.

In this particular case, we are seeing that protection will be given in the province of British Columbia to civil servants who might witness such injustice or inappropriate activities that are happening. Right now a person who discloses information must not experience reprisal, according to this act, and will also have the option of disclosing it anonymously to further protect their information. This, too, is important if an investigation is occurring and a whistle-blower to be protected under this act does not want to disclose himself or herself publicly. It’s important to have the protection.

While the bill actually does authorize investigations to occur and it also provides protection for such a whistle-blower, a person in the public service, the problem, of course, is not necessarily the direct response but also the whisper chat. So anonymity is important to avoid the cold-shoulder treatment, the “nobody’s talking to you,” the high school or, should I say, middle school bullying and harassing that sometimes happens. So anonymity being protected is important.

The act is based on other legislation. In particular, there are two pieces of legislation. One is the Manitoba law, which is the Public Interest Disclosure (Whistleblower Protection) Act, which was assented in 2006 in the province of Manitoba. There is some similarity between these two as well as in the province of Alberta, where the Public Sector Disclosure Act is also a similar act in that province, too, I understand.

The Health firings. Again, some of the issues that perhaps need to be brought forward may not also have been highlighted or thought through in this bill, in particular the pervasive issue of harassment, bullying and intimidation in the workplace. We’re hoping that protection for whistle-blowers from such behaviour is also included in this.

Of course, the bill does put a lot of faith in the Office of the Ombudsman or the Auditor General. It seems to me that if we’re giving them so much responsibility as per the matters of the bill, we should ensure that there are safeguards in place that ensure equitable operations in all of these as well. Again, this is a bill that the Green caucus is proud to support. We thank the Attorney General’s office for bringing it in, and we look forward to further expansion in committee stage of some of the details contained in this report.

Today in the legislature we debated, at second reading, Bill 25: Real Estate Development Marketing Amendment Act.

This bill amends the Real Estate Development Marketing Act to require developers to collect and store information on pre-sale condo assignments. This will enable government to track pre-sales and to tackle tax evasion. In particular, the bill proposes a number of changes that will:

1. require real estate developers to collect and report information on pre-sale condo assignments;
2. require developers to include terms in their contracts to inform buyers of the new collection and reporting requirements;
3. ensure that information will be reported to the provincial administrator designated under the Property Transfer Tax Act;
4. ensure that information will be shared with the Federal government to enable collection of capital gains taxes;
5. increase administrative penalties and offences substantially.

Below I reproduce the text and video of my speech.

Video of Speech

Text of Speech

A. Weaver: I rise to take my place in second reading on Bill 25, Real Estate Development Marketing Amendment Act. This bill amends the Real Estate Development Marketing Act. It requires developers to collect and store information on pre-sale condo assignments, which will enable the government to track pre-sales and to tackle tax evasion.

To start, I wish to thank the minister for bringing in such legislation. It is timely, and it addresses a very important issue. Also, to the member for Prince George–Valemount, I appreciated her careful analysis of the bill and look forward to her questioning at committee stage, where I too share some of the concerns she raised. Overall, my colleagues and I in the Green caucus down here do support this bill and the intentions.

You know, I’ve heard many a story from British Columbians frustrated with watching their condos or townhouses in their developments being sold multiple times without people actually moving in and questioning who is actually buying and who is actually selling and, in fact, raising the question as to whether taxes are being collected during the process. But more importantly, asking the question: how is this allowed in the province of British Columbia?

While this bill amends the Real Estate Development Marketing Act and makes a number of changes, it doesn’t, as the member for Prince George–Valemount said, actually get to the fundamental essence of why people are flipping and how we put in place measures to disincentivize that flipping. One of the things we could talk about — I won’t now, but perhaps in future bills brought forward — is the introduction of something like a flipping tax, a tax that actually targets people who are buying and selling on a rapid time frame with no intention of actually moving in.

Or we could talk about the potential problems that we see in British Columbia where certain developments are marketed offshore at prices that are below what you could buy them for onshore. In fact, I’ve got stories and articles of properties that are marketed offshore something to the tune of 20 percent below the price you could get them for here.

The purpose to do so, of course, is that you could get lots of mass pre-sales done all at once and then these…. Who knows who ends up? They could very quickly and very rapidly be flipped multiple times for a short-term gain, and only if the person doing the flipping actually decides to declare, in Canadian income, that this is a capital gains would they actually pay tax.

So the bill requires real estate developers to collect and report information on pre-sale condo assignments. Developers now will have to include terms in their contracts to inform buyers of new collection and reporting requirements. The information will be reported to the provincial administrator designated under the property transfer tax, and information will be shared with the federal government to enable collection of capital gains. Increased administrative penalties and offences are also being incorporated in this bill.

This is actually one of several bills that the government has brought forward since the fall which is designed to get Revenue Canada — CRA — more information on which they could actually enforce existing legislation. So I do thank and commend the minister for bringing in yet another piece of legislation that ensures that information is present for CRA to actually get taxes when taxes are owed.

Most of the bill is contained in a major section, which is section 4. It creates a new component of the act with provisions for the requirements of developers. That will be the subject of the most extensive canvassing, I suspect, during the committee stage.

You know, I’ve gone over a bunch of the media’s reporting on this to see what reaction we got from various stakeholders. It’s interesting that…. To say this is uncontentious would be a very fair statement. A diverse number of business leaders as well as developers have stepped in. For example, Anne McMullin, as we know, the CEO of the Urban Development Institute, an institute that represents a collective of developers, particularly in the Vancouver region — or she represents, at least.

She said her real estate lobby group supports the measures that are brought forward by the minister, although in fact, she characterized this as a small problem — 3 percent. I would argue that we might not know what the percentage is if we’re not collecting the data, so I would suggest that that would be an estimate. That was reported in the new Vancouver Star, the Toronto Star version of the paper that’s emerging in Vancouver.

She says the following: “We had been talking about this before the budget: if you really want to address speculation, this is where you had to address it.” That’s a pretty strong statement — in fact, endorsement — for the legislation here.

Another in a Castanet article coming out of the Okanagan. Cameron Muir, who’s a chief economist of the B.C. Real Estate Association, also said that compiling data to track presale condominium sales is a long overdue move — again, some high praise for this bill from a relatively well-connected individual in this particular industry.

Again, there’s Steve Saretsky. He’s quoted in the Vancouver Sun. He’s a Vancouver real estate agent who suggests it would bring more transparency to that part of the market, which currently lacks it.

Another Vancouver realtor, a fellow called Rick Clarke, in the same Vancouver Sun article, argued that they should do this. “A lot of people are not reporting and not paying tax and making big capital gains.” He further went on to say that there’s “a select group of agents” that have tight relationships with developers who rely on them for being able to sell chunks of presale condo units, describing one “known for just having signed 51 contracts in a half-hour.”

So, hon. Speaker, this is a very fine piece of legislation designed to provide government and, in particular, taxation agencies information in which to ensure that existing taxation laws are enforced. It’s very timely, particularly in light of some of the more nefarious, almost, incidences that are coming to light from investigative reporting by such journalists as Kathy Tomlinson in the Globe and Mail, who highlights some of the oddities that are happening in certain segments in the Vancouver real estate market.

One thing I would caution, though, is that as we continue to take steps to address what could only be described as an out-of-control real estate sector or housing market in Metro Vancouver, we be careful not to hit this whole province with that same sledgehammer that’s hitting there in Vancouver.

For example, there’s no question that this is important information that needs to be shared across the province, so implementing this from north to south, east to west is not a big deal. But there are other issues where previous governments, for example, brought in measures targeted specifically on limiting dual agencies. That was a direct response to problems that were out of control in Vancouver, but it had unforeseen consequences in rural parts of British Columbia, where you may have very small offices or you may have one broker in the whole town now facing strife and troubles, not knowing how to actually represent clients, both buyers and sellers, when there’s not the capacity.

So as we move forward in dealing with these issues in the housing market, it’s important to recognize that not always does one size fit all. In this particular case, I think it’s clear that reporting is a good thing. I think that it’s critical that people pay taxes when they should pay taxes. As we move forward let’s hope that we start to look even more closely at the concept of flipping and discouraging that through means possible.

Again, I thank the minister for introducing this bill. We are proud to support this bill, and I thank the member for Prince George–Valemount who brought in very fine comments that we’ll look forward to seeing explored further in committee stage.

Today in the legislature the Minister of the Environment introduced important legislation that represents a critical first step in putting British Columbia back on track as a leader in climate solutions & the new economy.

The bill, entitled Greenhouse Gas Reduction Targets Amendment Act, 2018, commits British Columbia to reducing greenhouse gas emissions to 40% below 2007 levels by 2030 and 60% below 2007 levels by 2040. It further requires the government to release a report every two years that provides:

1. a determination of the risks to BC that could reasonably be expected to result from a changing climate,
2. the progress that has been made toward reducing those risks,
3. the actions that have been taken to achieve that progress, and
4. the plans to continue that progress.

Why this is an important first step is that these new targets send a signal to the market that British Columbia is once more serious about reducing greenhouse gas emissions. In addition, it gives a very clear goal to the civil service who will be tasked with putting together a wedge analysis that will allow us to meet the new targets.

The opportunities for innovation in the transition to the low carbon economy are limitless and British Columbia stands to reap the economic benefits associated with this transition in the years ahead.

Below I reproduce the government new release that was issued when the bill was tabled in the legislature.

Government News Release

New bill updates targets for reducing carbon pollution

The Government of British Columbia has introduced legislation to update the Province’s greenhouse gas reduction targets, setting the stage for a renewed climate action strategy to be released in the fall.

The Climate Change Accountability Act replaces the 2007 Greenhouse Gas (GHG) Reduction Targets Act. It sets new legislated targets of a 40% reduction in carbon emissions from 2007 levels by 2030, and a 60% reduction from 2007 levels by 2040. The current target of an 80% reduction in emissions by 2050 remains. The legislation will provide a framework to develop detailed climate-change adaptation reports. The Province will work with the broader public sector on these requirements. The legislation also enables the minister to set sectoral GHG emission reduction targets.

“The act is the foundation for a credible and achievable climate action strategy in B.C.,” said George Heyman, Minister of Environment and Climate Change Strategy. “The previous government, after stalling on sustained climate action for several years, admitted they could not meet their 2020 target, and those targets are repealed in this act.

“We aim to remove barriers, and make it attractive and affordable for people, communities and industry to move to lower-carbon alternatives. At the same time, we will grow an economy that’s stronger, cleaner, more diverse and more resilient.”

Climate action is an important component of the Confidence and Supply Agreement with the B.C. Green Party caucus.

“This legislation is another step forward towards making B.C. a leader in climate action once again,” said Andrew Weaver, leader of the B.C. Green Party. “This is a huge opportunity to build a thriving 21st-century economy centred around innovation. I look forward to working in partnership with the government to implement a plan to reclaim this leadership, and keep our commitment to younger generations.”

The Province’s climate action strategy will be released in autumn 2018. Actions to reduce the provincial GHG emissions will include establishing sectoral plans for buildings and communities, industry and transportation sectors.

Last night I had the privilege of attending the 11^th annual Oak Bay Young Exceptional Star (Y.E.S) awards ceremony at the Oak Bay Beach Hotel where 10 exceptionally talented youth in grades 6 to 10 were honoured for their achievements.

As noted by the YES Awards Committee, Chaired by Hazel Braithwaite, that administers the awards, “The goal of the awards is to emphasize the positive achievements of Oak Bay’s young people by recognizing those who have distinguished themselves in such areas as volunteerism, arts, citizenship, academics, athletics and/or who have overcome obstacles to achieve their goals.”

Congratulations to this year’s award winners: Lily Cave, Zach Charlseworth, Leo Mohsenzadeh-Green, Reed Greenwood,  John Horwood, Tessa Jones, Talia Pike, Lachlan Stewart, Rebecca Stone, and Lidya Townsend

I had the pleasure of presenting the award to Zach Charlesworth from Oak Bay High School who was nominated by his teacher Nichelle Garraway. Below is the text of my speech.

Text of Presentation Speech

Nichelle Garraway, who coordinated the nomination for Zach Charlesworth, a grade 10 student at Oak Bay High School, descibes him as a spectacular young man.

He leads his classmates effortlessly and with an enthusiasm that is contagious. His teachers speak highly of him as a ‘well-rounded’ student and his peers often look to him for support and guidance, which he is always willing to give freely.

He is a kind and caring individual, working hard to make those around him feel welcome in their school and their community.

Zach is an exceptional student not only in his academics, but also in his comportment.

Zach’s most recent report card was superb. He achieved an ‘A’ in all of his courses and above 95% in seven classes.

His teachers all appreciate his willingness to ask questions and delve into the subject matter on a variety of different levels.

It is no easy feat to maintain grades such as these, especially considering Zach has a very busy schedule playing hockey outside of school as well.

Zach has the ability to converse and work with anyone and everyone, finding something in common with any student in the classroom.

He works very hard to ensure that he submits work of the highest quality in all of his classes and has a genuine passion for learning that inspires others to foster a curiosity within themselves.

Zach’s athletic prowess is not to be overlooked. Zach has played hockey at a very competitive level for many years, even travelling with his team to the provincial championships in Fort St. John this past spring break.

His commitment to the sport of hockey and to his team exemplifies his dedication. He dedicates many hours to practice, to travel and to game play, yet he still manages to arrive to school every day with his work completed at a high quality and excited to learn.

Zach is well known for his creativity and sense of humour both in and out of the classroom. At any given moment, he is sure to be cracking a joke with his teammates, his classmates, even when giving a presentation in French.

Aside from his natural athletic talent, Zach is also a natural leader and deserves to be recognized as such. His positive attitude and genuine charisma contribute to make the school and his community a better place.

There’s no doubt that we’ll continue to celebrate Zach’s success as he influences the Oak Bay community and the world with his kindness and leadership.

I am delighted to be able to present this young man with a Young Exceptional Star award – he is certainly deserving of it!

Please help me to congratulate Zach.

Today in Vancouver I met with a group of business leaders in Vancouver to discuss legislation I plan to table next week that would enable us in British Columbia to lead the country in supporting businesses that want to be a bigger part of developing innovative solutions to the challenges of the 21st century.

Over the last few months my legislative staff and I have been working with these and other stakeholders to craft legislation that would enable a new classification of companies in British Columbia — The Benefit Company.

A benefit company is profit driven but gives consideration to the impact it is having on the environment, its workers, the community, suppliers and customers, and can direct profits to the public benefit versus solely to shareholders. This legislation would provide a legal framework for companies that choose to pursue social and environmental goals and operate in a responsible and sustainable manner. By making B.C. the first jurisdiction in Canada to allow businesses to incorporate as benefit companies, we are sending a strong signal about the kind of economy we want for our province. Already, more than 30 states in the US have Benefit Company enabling legislation.

Below I reproduce the press release that we released after the roundtable discussion. I also append my initial speech at the media availability.

Media Release

Andrew Weaver to introduce legislation to support companies that pursue social and environmental goals
For Immediate Release
May 2, 2018

VANCOUVER, B.C. – Andrew Weaver, leader of the B.C. Green Party, announced today that he will introduce legislation that would enable B.C. companies to incorporate as benefit companies. The bill, which Weaver announced following a roundtable with business leaders in Vancouver, would amend the Business Corporations Act to allow companies that choose to incorporate as benefit companies to pursue social and environmental goals, rather than just profit.

“This legislation is an opportunity for B.C. to lead the country in supporting businesses that want to be a bigger part of developing innovative solutions to the challenges of the 21st century,” said Weaver.

“The world is experiencing tectonic shifts – from climate change to automation, we need to think differently in order to turn these challenges into opportunities. Government and individuals cannot solve these problems alone. Businesses play a huge role in our society and they are part of the solution. Companies that pursue a triple bottom line are on the cutting edge of rethinking the role of business in the 21st century. They know that acting in the best interests of people and the planet is the best way to build a thriving economy for the long-term.

“This legislation would provide a legal framework for companies that choose to pursue social and environmental goals and operate in a responsible and sustainable manner. By making B.C. the first jurisdiction in Canada to allow businesses to incorporate as benefit companies, we are sending a strong signal about the kind of economy we want for our province.”

Weaver’s bill is his caucus’ first bill to be put through the official legislative drafting process, making it possible that this could be the first Private Member’s Bill in B.C.’s history to be passed into law.

Quotes:

“With so many diverse and innovative companies doing great work, B.C. is a fantastic place to invest. Companies that incorporate environmental and social considerations into their business models demonstrate that they have a long-term vision for their role in the province. Enacting Benefit Company legislation sends a signal to the business community that government supports companies that want to use their business as a force for good.”

• Joel Solomon, Chair & Co-Founder, Renewal Funds

“The values of social and environmental responsibility inform everything we do at Keela. Building a company on these values sends a clear signal to our clients about what we stand for and demonstrates that our company is built to last. This legislation will encourage more BC companies to incorporate these values into their own business, empowering them to promote social and environmental change in our province.”

• Nejeed Kassam, CEO, Keela

“The proposed legislation will surely be welcomed by the growing community of impact investors in British Columbia. Benefit corporation status will give these investors additional confidence that social and environmental outcomes will be an integral and protected part of business decision-making.”

• Norm Tasevski, Co-founder, Purpose Capital

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Media contact

Jillian Oliver, Press Secretary
+1 778-650-0597 | jillian.oliver@leg.bc.ca

Backgrounder

• A benefit company is profit driven but is committed to environmental sustainability and social responsibility in addition to profit
• Corporations are able to incorporate as a benefit company in over 30 US states
  • According to the non-profit B Lab, more than 5,000 companies have chosen to become benefit companies where legislation exists, and they’ve raised nearly $2 billion in capital
  • Notable benefit companies include Patagonia, Method Home Products, Plum Organics, Kickstarter, and Laureate Education
• The choice to become a benefit company is voluntary and there are no tax benefits or impacts on other companies
• The proposed amendment to the Business Corporations Act will create a new part that enables companies to become benefit companies under the Act. These companies will have to meet certain requirements, including:
  • Committing to operate in a socially responsible and environmentally sustainable manner, and to promote specific public benefits
  • Reporting publicly against a 3rd party standard
• If this legislation passes, BC would be the first jurisdiction in Canada to allow companies to incorporate as benefit companies

Jillian Oliver | Press Secretary
Room 028 Parliament Buildings
Victoria, BC V8V 1X4
Phone: (250) 882-6187 | Fax: (250) 387-833

Initial Statement to the Media

Introduction

Thank you all for coming. And thank you Bernie for the introduction.

I’ve just had a roundtable with a group of inspiring business leaders. These people have chosen to use their business as a force for good.

They are running successful companies, creating jobs and contributing to our strong economy. But what sets these businesses apart is their commitment to not only seeking profits, not only creating financial value for their shareholders, but also their commitment to pursuing social and environmental benefits as part of their work.

I think that government should do more to support and empower companies like these ones that pursue a triple bottom line of people, planet, and profit.

Announcing legislation

That’s why I am happy to announce today that I will be introducing legislation this session to support sustainable and responsible businesses. This bill would amend the Business Corporations Act.

It would add a new Part to the Act, giving companies an option to incorporate as “benefit companies”.

It would allow companies that choose to become benefit companies to pursue social and environmental goals, rather than just profit.

The bill will include some requirements that benefit companies would need to adhere to. These include putting their public benefit commitments in their articles, and meeting standards of transparency and reporting by reporting progress against an independent third party standard.

This bill will also protect companies that choose to prioritize social and environmental purpose as part of their mandate. It will provide clarity and certainty for companies and their shareholders about the company’s goals and mandate. And companies will need a shareholder majority to become or stop being a benefit company.

Why this legislation

This legislation is an opportunity for BC to lead the country in supporting businesses that want to be a bigger part of developing innovative solutions to the challenges of the 21st century.

This legislation is common elsewhere. In the US, over 30 states have this type of legislation. And successful companies of all sizes have signed on.

I believe that becoming the first jurisdiction in Canada to champion benefit corporations is a huge opportunity to position the province as a leader.

We are struggling to adjust and respond to massive technological, social, and environmental shifts. From climate change to automation, we need to think differently in order to turn these challenges into opportunities. Government and the non-profit sector cannot respond to these changes alone.

Nor should we have to.

Businesses play a huge role in our society and they are part of the solution. Companies that pursue a triple bottom line are on the cutting edge of rethinking the role of business in the 21st century. They know that acting in the best interests of people and the planet is the best way to build a thriving economy for the long-term.

Conclusion/opportunity

In drafting this bill, we have taken government up on their decision to make legislative drafters available to all private members. We have been working with a legislative drafter to ensure that this legislation is legally correct, and that it works with other pieces of legislation in BC.

I’m committed to seeing this bill will be called for debate in the house.

Ultimately, I believe it’s a bill that both the BC NDP and the BC Liberals can support.

Our hope is that, if government passes this bill, that we can encourage more BC companies to incorporate social and environmental values into their own business, empowering them to promote social and environmental change in our province.

Thank you.