40th Parliament of British Columbia

The 40th Parliament of British Columbia was in session from June 26, 2013 to April 11, 2017. It consisted of the Legislative Assembly of British Columbia, as elected by the general election of May 14, 2013, and the Queen represented by the Lieutenant-Governor Judith Guichon. That election unexpectedly returned the BC Liberal Party to another absolute majority government, their fourth consecutive government since 2001, this time with Christy Clark who had been premier since 2011. The BC New Democratic Party formed the official opposition under Adrian Dix and John Horgan who replaced Dix in the 2014 leadership election. The first member of the Legislative Assembly (MLA) from the Green Party of BC, Andrew J. Weaver served in this parliament, along with independent Vicki Huntington. Three MLAs resigned: Jenny Kwan and Douglas Horne who resigned to stand in a federal election, as well as Ben Stewart who resigned for the purpose of providing the Premier, who had lost her seat in the general election, with another opportunity to gain a seat. The by-elections to replace the resigned members Clark won Stewart's Kelowna riding, while Melanie Mark and Jodie Wickens replaced Kwan and Horne, respectively. The only members to leave their party, Marc Dalton briefly left the BC Liberals as he unsuccessfully sought the Conservative Party nomination in the federal election, and Pat Pimm left the BC Liberal Party just prior to being arrested.
Legislative initiatives which were part of 2013 BC Liberal election platform included major amendments to liquour laws, local government elections, and holding a plebiscite on Translink funding. The BC Liberal election priority of fostering a liquefied natural gas (LNG) industry involved the creation of the "Liquefied Natural Gas Income Tax Act", the "Greenhouse Gas Industrial Reporting and Control Act" which provides exemptions for LNG facilities and replaces the existing cap and trade regime, amendments to the "Protected Areas of British Columbia Act" to make way for pipelines through parks and other protected areas, and various amendments to the "Natural Gas Development Statutes Act" (formerly the "Petroleum and Natural Gas Act"). Other major legislation included the adoption of the "Water Sustainability Act", creation of a licensing system for all-terrain vehicle and snowmobiles in the "Off-Road Vehicle Act", adding electronic cigarette to the " Tobacco and Vapour Products Control Act", modernizing the "Societies Act", amendments to the "Motor Dealer Act" to prohibit online sales of vehicles, creation of a new provincial park called the Ancient Forest/Chun T'oh Whudujut Park, and adoption of the "Great Bear Rainforest (Forest Management) Act" that limited commercial logging in the Great Bear Rainforest. Other new legislation included making discrimination based on gender identity or expression illegal, and creating a 15% property transfer tax that only applies to foreign nationals in Metro Vancouver.
In preparation for the next general election, legislation was adopted to increase the number of MLAs to 87, delete pre-campaign expense limits, allow constituency associations to incur election expenses, require dissemination of the identity of those who voted in the last election, and limited the update to voter registration information. The 40th parliament of British Columbia was formally dissolved on April 11, 2017 by request of the premier to the lieutenant governor making way for the 41st British Columbia general election set for May 9, 2017.
Elections and appointments.
The members of the legislative assembly were elected in the 40th general election, held on May 14, 2013. The BC Liberal Party unexpectedly elected an expanded majority, their fourth consecutive absolute majority. To accommodate party leader Christy Clark who lost her seat, Ben Stewart resigned his Westside-Kelowna seat. Clark won the Westside-Kelowna by-election on July 10. Regardless of not having a seat in the legislative assembly, Clark, as leader of the party with the most seats, was Premier. She named Rich Coleman as Deputy Premier and Minister of Natural Gas Development. In her cabinet, she kept Mike de Jong as Minister of Finance (as well as government house leader), Steve Thomson as Minister of Forests, Lands and Natural Resource Operations, and Stephanie Cadieux as Minister of Children and Family Development. Clark shuffled Bill Bennett, Mary Polak, Shirley Bond, Don McRae, Terry Lake, and Naomi Yamamoto to different ministries while Norm Letnick, Ralph Sultan and Moira Stilwell were removed from cabinet. New members who Clark immediately appointed to her cabinet included Peter Fassbender as Minister of Education, Amrik Virk as Minister of Advanced Education, Suzanne Anton as Minister of Justice, Todd Stone as Minister of Transportation and Infrastructure, Teresa Wat as Minister of International Trade, Coralee Oakes as Minister of Community, Sport and Cultural Development, and Andrew Wilkinson as Minister of Technology, Innovation and Citizen Services. Veteran members John Rustad and Pat Pimm were also added to cabinet. Premier Clark issued mandate letters to each minister outlining priorities and expectations.
The "Constitution Act" states that the next general election had to occur no later than the second Tuesday in May, four years after the last general election. Accordingly, the 40th parliament was dissolved on April 11, 2017, by request of the premier to the lieutenant governor making way for the 41st British Columbia general election which was then scheduled for May 9, 2017.
First session.
The first session of the 40th Parliament began on June 26, 2013 with the Speech from the Throne delivered by Lieutenant-Governor Judith Guichon. This brief session was held only to pass a budget for the remainder of the fiscal year. The budget was largely the same as the BC Liberals had introduced in February as a pre-election budget. It increased the general corporate income tax rate from 10% to 11%, inserted a new top tax bracket applicable for the 2014 and 2015 years only, increased tax on cigarettes and tobacco, and exempted coloured fuel from the carbon tax.
Second session.
The second session opened on February 11, 2014, following a six-month recess. During the session 26 bills were given royal assent, all on or before May 29. Following through on campaign promises, a plebiscite on TransLink funding was set up with the "South Coast British Columbia Transportation Authority Funding Referenda Act", the first of several new liquor laws were passed with the "Liquor Control and Licensing Amendment Act" and its accompanying regulations, which among other items allowed for sales of liquor at grocery stores and farmers' markets, and recommendations of the Missing Women Commission of Inquiry were implemented with the "Missing Persons Act". To facilitate natural gas industry, the budget committed $29 million to the government's LNG strategy program, the "Park Act" and the Park Boundary Adjustment Policy were amended to allow more industrial activities within provincial parks, and the "Natural Gas Development Statutes Amendment Act" modernized the "Petroleum and Natural Gas Act" and revised the ability of land owners to appeal decisions concerning placement of wells, pipelines and facilities on their property.
The Minister of Agriculture Pat Pimm introduced the "Animal Health Act" updating the laws concerning agricultural biosecurity and amendments to the "Agricultural Land Commission Act" which controversially divided the ALR into two zones, each with different regulations and application decision-making criteria. Citing health issues, Pimm resigned from cabinet in April and was replaced by Norm Letnick who had served previously as agriculture minister in 2012-13. Michelle Stilwell was promoted to cabinet to replace Letnick's position of Minister of Social Development and Social Innovation.
The long-anticipated "Water Sustainability Act" modernized the laws regarding water management. The "Off-Road Vehicle Act" created the requirement that all-terrain vehicles and snowmobiles be registered and licensed. The "Provincial Capital Commission Dissolution Act" closed the Provincial Capital Commission. The "Local Elections Campaign Financing Act" and the "Local Elections Statutes Amendment Act" placed new regulations on local elections, like extending the terms of mayor and councils to four years from three, establishing spending limits, and requiring registration of third-party advertisers. The "Protected Areas of British Columbia Amendment Act, 2014", removed 11 ha from Indian Arm Provincial Park and 10 ha from Elk Falls Provincial Park and added 47,873 ha to four existing conservancies. The government tabled back-to-work legislation regarding a strike action at the Port of Vancouver but did not pass it as the strike ended.
Third session.
A short third session was held in October–November 2014 responding to requests by proponents of the liquefied natural gas industry to fast-track legislation. The "Liquefied Natural Gas Income Tax Act" established the taxation regime at 1.5% of net income until capital costs have been paid, then 3.5% afterwards, significantly less than the original 7% that the government had been planning. The "Greenhouse Gas Industrial Reporting and Control Act" repealed the "Greenhouse Gas Reduction (Cap and Trade) Act" in favour of intensity level emission limits, instead total emission measures, and the act set the emission limit at 0.16 carbon dioxide equivalent tonnes for each tonne of LNG produced. The "Protected Areas of British Columbia Amendment Act (No. 2), 2014", removed 63 hectares from the Nisga'a Memorial Lava Bed Park to accommodate a pipeline to one of the proposed LNG facilities.
Also, the "Container Trucking Act", which created the office of the British Columbia Container Trucking Commissioner, was adopted as a result of the negotiations in the previous session's response to the Port of Vancouver strike. The "Canadian Pacific Railway (Stone and Timber) Settlement Act" extinguished all of Canadian Pacific Limited's stone and timber reservations in exchange for $19 million.
Fourth session.
Prior to the fourth session, the Premier added Mike Bernier to cabinet as Minister of Education. The former Minister of Education Peter Fassbender took over Coralee Oakes's position as Minister of Community, Sport and Cultural Development, as well as taking over responsibility for TransLink from Todd Stone's Ministry of Transportation and Infrastructure. Oakes was assigned to be Minister of Small Business, Red Tape Reduction and responsible for the liquor distribution branch. Naomi Yamamoto was moved from Minister of State for Tourism and Small Business was moved over to the newly created Minister of State for Emergency Preparedness. Both Jenny Kwan and Douglas Horne resigned as MLAs in order to pursue election in the federal general election.
The fourth session ran between February and November 2015 and saw 42 bills become law. The previous session's legislation concerning LNG taxation was furthered with the "Liquefied Natural Gas Income Tax Amendment Act, 2015", and the "Liquefied Natural Gas Project Agreements Act" exempted for 25 years LNG facilities from increases in tax and greenhouse gas regulatory changes. The "Federal Port Development Act" implemented a recently added provision of the Canada Marine Act that enables provincial regulations to be administered on federal port lands. In addition to allowing residential tenants to cancel a rental agreement in instances of domestic violence, the "Natural Gas Development Statutes Amendment Act, 2015", expanded the list of activities that are defined as an "oil and gas activity", with the "Miscellaneous Statutes Amendment Act, 2015", further expanding the list and extended the maximum duration of royalty agreements for extracting natural gas. The miscellaneous statutes act also created the Medal of Good Citizenship, repealed the "Shelter Aid for Elderly Renters Act", and allowed the Queen's Printer to contract out its printing duties and further implemented aspects of the Liquor Policy Review. Additionally, in response to the Liquor Policy Review, there was a major update to the "Liquor Control and Licensing Act".
The "Red Tape Reduction Day Act" recognized the second Wednesday of March as Red Tape Reduction Day. The "Amendments to the Finance Statutes Act" allowed ICBC to withhold issuance or renewal of driver's license to those with delinquent student loan repayments or child support payments or unpaid court fines. The "Motor Vehicle Amendment Act, 2015", made driving in the left lane of a highway a ticketable offense if not using it to pass another vehicle or turning off the highway. This amendment act also now requires winter tires be stamped with a specialized (e.g. snowflake or mountain) symbol. The "Guide Dog and Service Dog Act" created a Registrar of guide dogs and service dogs requiring that such dogs be certified; those with certified dogs have the right, despite any 'no pet policy', to housing and to enter places where the public is invited (e.g. stores, transit). Two amendments to the "Workers Compensation Act" implemented the recommendations made by WorkSafeBC and the BC Coroner's Office following the 2012 sawmill explosions that killed four people.
The "Tobacco Control Act" was expanded to include vapour products and renamed to "Tobacco and Vapour Products Control Act". The "Fish and Seafood Act" replaced and modernized the "Fisheries Act" and the "Fish Inspection Act". The "Societies Act" updated and replaced the "Society Act". The "Franchises Act" was created based on recommendations from the BC Law Institute and the Canadian Bar Association of BC to imposes a duty of fair dealing for franchise agreements, allowing franchises to associate with other franchises, and allowing franchisees to sue for damages in event of misrepresentation by a parent company.
The "Information Management Act" created the position of Chief Records Officer to oversee digitizing government archives. The "Provincial Immigration Programs Act" created the position of Director of Provincial Immigration Programs for administering immigration agreements with the federal government. The "Auditor General for Local Government Amendment Act, 2015", required the appointment of a deputy auditor general and expanded upon the provisions for suspending or removing an individual from the position of auditor general.
Revisions to the "Electoral Districts Act" and the "Election Act" increased the number of electoral districts and MLAs to 87 and deleted expense limits that applied to the pre-campaign period, now allows constituency associations to incur election expenses, only permits updates to voter registration information in conjunction with voting and only with a family member present to vouch, and requires the Chief Electoral Officer to provide each political party the list of voters in the last election with identification of who voted.
Fifth session.
The fifth session took place between February and July 2016. Prior to the session beginning, Mike Morris was added to the cabinet under a new position titled Minister of Public Safety and Solicitor General. The 2016 budget created the Prosperity Fund and required any increase in general funds either be used to reduce operating debt or held in the Prosperity Fund. The budget increased the property transfer tax increase (from 2% to 3%) on homes over $2 million but increased the exemption threshold for new houses to $750,000. The budget also exempted children from paying Medical Services Premium, created a farmers' food donation tax credit, extended both the mining tax credit and the tax credit for home renovations by seniors of persons with disabilities, expanded of the film tax credit to include animation productions, mandated lower assessment values be placed on rural tourist accommodations, and made funds available to compensate property owners impacted by wildfire control.
Affecting an LNG industry, the "Greenhouse Gas Industrial Reporting and Control Amendment Act, 2016", exempted new facilities from reporting emissions for the first 18 months of operations and expanded eligibility to participate in the BC carbon registry; and the "Safety Standards Act" was amended to move administration of safety standards in the oil and gas sector from the BC Safety Authority to the Oil and Gas Commission. Affecting pipelines, land was removed from Finn Creek Provincial Park to accommodate the Kinder Morgan Trans Mountain Pipeline System and an amendment to the "Environmental Management Act" created a requirement for regulated industries, like oil pipelines, to have spill contingency plans.
New legislation included the "Great Bear Rainforest (Forest Management) Act" which limits commercial logging in the Great Bear Rainforest. the "Profits of Criminal Notoriety Act" prevents people from being paid to recount crime or profiting from crime memorabilia. The "Sexual Violence and Misconduct Policy Act", originally introduced by Andrew J. Weaver of the Green Party as the "Post-Secondary Sexual Violence Policies Act", was adopted by the government and requires post-secondary institutions to put in place a sexual misconduct policy.
Legislative amendments included an amendment to the "Motor Dealer Act" which prohibits selling new vehicles using the Internet, prohibits motor dealers from employing unlicensed salespeople, and creates the Motor Dealer Consumer Advancement Fund; the "Pharmacy Operations and Drug Scheduling Amendment Act, 2016", expands the jurisdiction of the College of Pharmacists of BC to include licensing of pharmacy owners; an amendment to the "Forests, Lands and Natural Resource Operations Statutes Act" adds unintended actions to the definition of interference; the "Community Care and Assisted Living Amendment Act, 2016", enacted some recommendations from the Office of the Seniors Advocate to allows partners not legally married but having lived together for 2 years to qualify as spouses and removes the upper limit of how many services a residence can provide to a client before the client must be referred to a complex care home; the "Local Elections Campaign Financing (Election Expenses) Amendment Act, 2016", enacted the recommendations of the Special Committee on Local Elections Expense Limits to shorten the election period from 46 to 28 days and create a regulatory system for limiting and reporting campaign expenses during elections for mayor, councils, school boards, and electoral area directors; the "Protected Areas of British Columbia Amendment Act, 2016" created a new 11,190-hectare park called Ancient Forest/Chun T'oh Whudujut Park; and the "Miscellaneous Statutes (General) Amendment Act, 2016", created a requirement that the Agricultural Land Commission could not remove land from the ALR without property owner consent, amended the "Income Tax Act" to reduce film tax credits, amended the "Environmental Management Act" to allow the Minister of Environment to order a director to issue or amend a permit to allow for the discharging of waste into the environment within an area-based management plan (for a mining operation).
Two additional laws were introduced and passed in late July. The "Human Rights Code Amendment Act, 2016" made discrimination based on gender identity or expression illegal. The Bill_28_(British_Columbia), 2016" (Bill 28) created a 15% property transfer tax that applies only to foreign nationals buying real estate in Metro Vancouver, authorized the City of Vancouver to tax vacant residential properties and amended the Real Estate Services Act
Sixth session.
Prior to the beginning of the session, Pat Pimm left the BC Liberal caucus following his arrest in a domestic dispute and sat as an independent for the remainder of the parliament. With the general election set for May, the governing BC Liberals introduced, but did not adopt, a [pre-election budget (Bill 8) in February that proposed to reduce Medical Services Plan fees by 50%, reduce the small business corporate tax rate from 2.5% to 2%, create a 'BC back-to-school tax credit' and a 'volunteer firefighter or search and rescue volunteer tax credit', extend the tax credits provided for book publishing, scientific research and experimental development, increase the first time home buyer tax exemption threshold from $475,000 to $500,000, and increase the tobacco tax rate from 23.9 to 24.7¢ per cigarette.
The Minister Responsible for Asia Pacific Strategy and Multiculturalism Teresa Wat introduced the "Discriminatory Provisions (Historical Wrongs) Repeal Act" that repealed sections from 19 acts, adopted between 1881 and 1930, that discriminated against some ethnic groups. An amendment to the "Prevention of Cruelty to Animals Act" creates licensing and standards of care requirements for pet breeders. The "Information Management (Documenting Government Decisions) Amendment Act, 2017" legislated a duty for provincial public agencies to document information.