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.