Today in the legislature we debated Bill 48: Temporary Foreign Worker Protection Act at second reading. This legislation seeks to improve protection for workers and the accountability of recruiters and employers. It requires the licensing of foreign worker recruiters and employers; establishes a criteria for issuing registrations; and imposes tougher penalties for recruiters and employers who violate the legislation. It also allows government to recover and return to workers illegal fees charged by recruiters. Finally, this bill creates two registries (one for foreign worker recruiters and one for employers) via a cost-free and accessible online process.

Below are the text and video of my speech in support of this bill.

Text of Speech

A. Weaver: I rise to take my place in second reading debates on Bill 48, Temporary Foreign Worker Protection Act, an act that’s been introduced by the minister to ensure protection for temporary foreign workers.

I rise to speak in support of this bill. Like the member for Chilliwack, we, too, raised a number of questions and concerns that I hope to see or be explored further in committee stage. Overall, I think this is good legislation and takes us generally in the right direction.

Temporary foreign workers play a critical role in our economy and our society, whether they’re working in the agriculture sector or as home care aides, whether they’re filling seasonal employment. For example, recently, many of us attended the Union of B.C. Municipalities meeting in Whistler. The hotel I was staying at was clearly largely employed by temporary foreign workers from New Zealand and Australia, who clearly were coming to British Columbia to gain some experience and gain some expertise in skiing.

I have a great deal in common with them. When I was their age, I was a temporary foreign worker in Australia. I was there for a year, getting the better of the surf and the sand and the Aussie rules football. It was a very rewarding experience for me back in 1988, as I’m sure it was for those young people in Whistler today.

Temporary foreign workers play many critical roles in such trades as the seasonal employment, and for many, actually, we find that it’s a pathway for eventual citizenship. Canada, as a nation — built on the hard work of immigrants — welcomes new Canadians on an ongoing basis.

In fact, just this morning, a young boy in grade 5 at a school that was visiting this Legislature, from Glenlyon, in my riding, just literally became a Canadian citizen. This was a very big deal for him — that today, he became Canadian.

Temporary foreign workers come to B.C. through multiple programs, including the temporary foreign worker program, the seasonal agricultural worker program and the international mobility program. As the member from Chilliwack pointed out, in 2017 alone, the federal government issued over 47,000 work permits for foreign nationals destined for B.C., and 17,000 of these were temporary foreign workers.

We’re second only to Ontario in terms of the total number of temporary foreign work permits that have been issued. Industries like agriculture, forestry, fishing and hunting account for nearly half of the temporary foreign workers in British Columbia — like 9,000 workers. Eighty-three percent of those permits are located in the Lower Mainland, 5 percent in Thompson-Okanagan and 4 percent on Vancouver Island.

Again, as somebody…. When I was at the University of Victoria, and my wife was also faculty there, and we had young children, we, too, took advantage of the temporary foreign worker program and were able to bring to Canada a now-Canadian, somebody who was working in Hong Kong as a nanny. She was able to come to British Columbia on such a caregiver program and spend three years with us before becoming a Canadian citizen. Now she’s married here. She’s contributing to the Canadian economy. Her husband is here as well.

We benefited greatly, as a family, from being able to bring a temporary foreign worker here. I’m sure other members in this chamber have similar stories about the importance of temporary foreign workers.

One of my son’s friends had very serious health issues and required 24-hour care — his father did, rather — in the home. And, again, that care was provided by live-in, temporary foreign workers, 24 hours a day. Again, it was simply not possible to find the people, Canadians, who would be able to or willing to serve in such a capacity. Again, in this case, we had a loving home. Temporary foreign workers come, spend a few years, are now Canadian and contributing to our economy and bringing their rich, diverse cultures to Victoria, in this case, but British Columbia and Canada in general.

However, not everyone has the kind of employer that provides a nurturing, safe environment. Temporary foreign workers can be amongst some of the most vulnerable in our society. In a new country, many will face a language barrier. They may be unfamiliar with their rights and our laws, and they are at risk for exploitation and abuse.

For this reason, the legislation before us is important to support, because it addresses this particular aspect. It begins to put in place a means and mechanism to actually ensure that temporary foreign workers are not exploited. The legislation will improve protection for workers and the accountability of recruiters and employers.

For example, it will do a couple of things. It’ll create two registries, one for foreign worker recruiters and one for foreign worker employers, via a cost-free — that’s important — on-line process. It’ll allow, also, government to recover and return to workers illegal fees charged by recruiters. In particular, government could impose tougher penalties for noncompliance, including a loss of licence or registration, financial penalties — $50,000 for an individual, $100,000 for a corporation; that’s an awful lot of money — and up to one year imprisonment. The legislation will improve government information about temporary foreign workers, and recruiters and employers will also be required to disclose their relationships with recruiter organizations in various companies.

These are important, some of these changes. We know of, or we’ve heard stories of, examples where recruiters collect a fee from temporary foreign workers. They end up working here. There are examples we’ve heard stories of where passports are held from temporary foreign workers, and exploitation sets in.

Much of this bill, obviously, is modeled after the employer standards act, and it follows the lead of other jurisdictions like Manitoba and Saskatchewan, which already have temporary foreign worker registries in place. Last week one of our press gallery, Les Leyne, reported out that B.C. is considered to be well behind the pack in upholding standards and pursuing complaints. This was reported out in one of his articles he wrote. This is important to note, that this legislation does actually deal with bringing us in line with some of the other jurisdictions.

In 2018, the B.C. budget for the Minister of Labour received a $3 million increase in funding over three years to support initiatives for compliance and enforcement, improve protections for vulnerable workers and support fair and balanced treatment of workers and employers in B.C.

Within that context, we know that the legislation coming before us is legislation that has got monies associated with it to ensure that it’s delivered in a manner that will actually meet the objective it is being put together to address. Most recruiters and employers will seek to do their best for employers. We know that. But this legislation is targeting those who try to skirt the rules a little bit to ensure that there is unsafe working and living conditions, for example, are dealt with to ensure that temporary foreign workers cannot be treated inappropriately for fear of complaining about their jobs, they might lose their jobs. So they might be sent home in debt. There is a whole bunch of issues that are being dealt with here that for which this bill is trying to ensure safe conditions exist.

This bill will require recruiters and employers who seek out and hire temporary foreign workers. Registration. They will require them to register. By doing so, the government will be able to identify and respond to bad operators for the benefit of all stakeholders involved. In essence, this levels the playing field for both employers and recruiters by addressing the few bad operators out there who take advantage of temporary foreign workers and hence, reap the benefit.

When this first came in, I feared that this bill to establish the temporary foreign worker registry would have created an unfair burden for employers — the small employers, not so much the bigger employers, but the small employers — the employer who is perhaps a spouse who is looking for help for a caregiver for their ailing partner or a family who is looking for a caregiver for their child.

Small business. I was initially concerned that this might be regulatory red tape but oversight and costs. I was reassured after receiving a briefing from the ministry that this is, indeed, not the case. In fact, the fact that is free is not a financial burden, and the fact that it’s looking like it will be an online process that will take 15 minutes or so to fill out in terms of the registry. It seems to me that that is not onerous in light of the fact as an employer of a temporary foreign worker in a caregiver capacity you already have to register for a GIC number. You have to register with CPP and EI deductions, etc. So this is relatively pale in comparison to what already exists.

Overall, I am pleased with this legislation. Again, creating a safer environment and a safer experience for temporary foreign workers will have a net positive impact on B.C. I will also agree with the member for Chilliwack who spoke about some of the work that was done by the previous government in this area.

I remember very fondly working with the then-minister of, I guess it was Jobs, now the member for Prince George–Valemount, who together and collectively, we were able to introduce legislative change to no longer make it allowable for an employer in British Columbia to require an employee to wear high heels or footwear otherwise deemed to be unsafe.

In fact, I can tell you if you go to bars around this area you will find that most people are no longer wearing high heels. Very often, people come up and are very pleased by that legislation. Government listened, government responded, and now you’ve got soft flats happening in bars across British Columbia. That’s actually an important health and safety achievement that we’ve got here.

Finally, I’ll say that I do commend the minister for looking out for workers. But I hope the minister can also recognize that we have to look out for not only temporary foreign workers but our own workers in British Columbia. The fact that British Columbia is dragging its heels in terms of introducing legislation or introducing now order-in-council to actually address the presumptive clause for mental illness in a number of professions. Frankly, we could follow the lead of some provinces and actually assume a presumptive clause for all mental illness for all workers covered under the Workmen’s Compensation Board.

The reason being, of course, is if you have exposure to mental illness having to recant and retell your stories time and time again in order to prove that it is your workforce that actually is the result of or caused that mental illness, can be very onerous, and frankly, can be detrimental to the overall well-being and subsequent recovery of workers in B.C.

So I look forward to further efforts that the Minister of Labour will have in this regard in the weeks and months ahead

Video of Speech

The BC Government today released the interim report  of the B.C. Minister of Agriculture’s Advisory Committee for Revitalizing the Agricultural Land Reserve and the Agricultural Land Commission. As noted in the accompanying press release, the committee identified 13 recommendations for legislative and regulatory change, and four recommendations for action to protect the ALR. It also identified 14 key issues that are still under consideration for its final report.

Our caucus issued the press release reproduced below welcoming the report and urging the government to act quickly on the recommendations to limit house size on ALR land and to return the entire ALR to a single zone.

Media release

B.C. Greens welcome ALR report, urge government to act on house size restrictions and zone change
For immediate release
August 8, 2018

VICTORIA, B.C. – The B.C. Green caucus welcomed the Ministry of Agriculture Advisory Committee’s agricultural land reserve (ALR) revitalization report released today. The Caucus emphasized that the government should act quickly to adopt the recommendations to limit house size on ALR land and to return the entire ALR to a single zone.

“The ALR is crucial to supporting B.C. agriculture, farmers and our local food security,” said Adam Olsen, B.C. Greens spokesperson for agriculture.

“It has been increasingly under threat due to the preponderance of mega mansions, stemming from speculation in our real estate market. This is driving up prices at a time when the industry is facing a demographic crisis and young farmers are struggling to afford to buy land. I am pleased to that the committee recommends that the province limit house size on the ALR and I urge the government to swiftly adopt this recommendation.”

B.C. Greens leader Andrew Weaver added that the government should also adopt the committee’s recommendation to return the ALR to a unified zone.

“The previous B.C. Liberal introduced the zone changes in 2014, which opened up precious farmland to oil and gas exploration, among other non-agricultural industrial activity,” Weaver said.

“That was a short-sighted decision made at a time when we should have instead been investing in the sustainable industries of the future. As the world shifts to the low carbon economy, it is essential that we take every opportunity to support economic development, especially in rural communities, in sectors that will sustain us in the long-term. I thank the committee, especially Chair Vicki Huntington, for their excellent work on this report. We are reviewing the other recommendations in detail and look forward to working with government to advance legislation that will ensure a strong, revitalized ALR so that British Columbians can benefit from a thriving agricultural sector for generations to come.”

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

Over the last year or so I have twice (February 2017 and October 2017) introduced a bill to protect agricultural from continuing to be subject to speculative investment activity.

Today during budget estimates for the Ministry of Finance I asked the Minister why her government had neither applied the foreign buyers tax nor the speculation tax to land in the ALR. In particular, I sought answers to why her government is not stepping in to stop prime farmland being carved up and converted into mega mansions.

Below I reproduce the video and text of our exchange.

Video of Exchange

Text of Exchange

A. Weaver: I just have a couple of questions in two areas to finish my estimates questions to the Finance Minister. The first is in the area of ALR protection. The ALR was left unprotected from the measures announced in the budget to cool the market for the residential real estate sector, which has encouraged speculation in ALR. My first question is: why didn’t the foreign buyer tax and the speculation tax apply to the ALR? And why was, for example, foreign ownership not restricted to the ALR, like has been done in areas across Canada, including Alberta, Saskatchewan, Manitoba, Quebec and PEI?

Hon. C. James: Thank you to the member for the question. I think there are two pieces I just want to focus on.

I think the first one is…. As the member will know, there’s a comprehensive policy review going on with the Minister of Agriculture right now in looking at a whole range of issues related to agricultural land. We’re doing our policy work — side by side, I guess, is the best way to describe it — along with the work that’s being done in the Agriculture Ministry. So we don’t want to either get ahead or be duplicating work that’s going on.

As the member will know, there was a large consultation done, and so people were giving their feedback. To look at further work that needs to be done around the agricultural land, we’re doing that policy review, as I said, along with the Agriculture Minister.

But I think it’s important to note that both the foreign buyers tax and the speculation tax do apply to houses, to the residential property that’s on agricultural land. I know the member’s speaking about a broader base when it comes to the agricultural land, but in fact, those taxes do apply to the class 1 residential housing that is on agricultural land if they’re in the areas that are covered by those taxes.

A. Weaver: Yes indeed, I was concerned about the broad, bare land of agricultural land that can be purchased that does not have a foreign buyers tax. Then Richmond council can be approached, and that land could then have a mega-mansion put on it, which was the subject of the concern being expressed here.

In the budget, the minister stated that she’d be changing the tax treatment of residential property in the ALR in order to close property tax loopholes. My question is then: how are you changing property tax treatment, and when can we expect to see this done?

Hon. C. James: We’re looking at the changes. These are draft changes to the School Act to exclude ALR properties that are in the residential property class from the 50 percent land exemption. We’re going through that process right now, again, as I said, in tandem with the work that’s going on in the Agriculture Ministry. This would require changes, so we certainly hope it’ll come by the fall.

A. Weaver: Again, the review. We’ve been talking about the review, and the Minister of Agriculture is indeed undertaking such a review. But in fact, we’re not waiting for the results of the review before changing the tax treatment on residential property.

We know what’s happening in an ongoing fashion in Richmond is that the speculation and mega-mansions are devouring ALR there. For example, last year, Richmond lost 50 farms due to mega-mansions. We can’t, frankly, afford to wait a year to see more action.

Why are we not taking immediate steps now to impose the foreign buyers tax and the speculation tax on the ALR land? What is stopping the minister from doing that?

Hon. C. James: I certainly appreciate the urgency of this issue. I appreciate the examples that have come forward, particularly in Richmond, as the member mentions. They are issues right now and challenges right now. But there is, as I said, the comprehensive review going on. We need to make sure that…. Many of these changes have to happen through different acts, not through one act.

For example, the changes to the school tax related to the school tax on agricultural land also have to be changes to the Assessment Act. Again, we don’t want to piecemeal it. We want to make sure that the changes that we make are really going to make a difference. That’s why we’re working together with the Agriculture Ministry.

There is an opportunity, hopefully, in the fall to bring forward those changes, to have coordinated with the feedback that people gave and to be able to make a comprehensive change that will prevent the kinds of examples that the member has raised.

Today my colleague Adam Olsen, the MLA for Saanich North and the Islands, held a press conference in front of the Legislature to announce the release of the BC Green Caucus report entitled report entitled: Standing up for Wild Salmon.

The report outlines the challenges facing B.C.’s wild salmon populations and highlights a proposed path forward, through the creation of a Wild Salmon Commissioner and supporting Wild Salmon Secretariat.

Below I attach the press release that was issued today.

Media Release

MLA Olsen releases report: Standing up for Wild Salmon
For immediate release
May 16, 2018

VICTORIA, B.C. – Adam Olsen, MLA for Saanich North and the Islands, publicly released his Standing up for Wild Salmon report today outside the B.C. legislature. The report outlines the challenges facing B.C.’s wild salmon populations and highlights a proposed path forward, through the creation of a Wild Salmon Commissioner and supporting Wild Salmon Secretariat.

After making the initial pitch to the Premier in March, Olsen hosted representatives from a diverse range of fisheries backgrounds for a consultation forum where there was unanimous consensus on the need for a Wild Salmon Secretariat or Commissioner in B.C. Following his forum, Olsen presented their feedback to government along with a detailed proposal. Today’s public report is an extension of that work.

“Now is the time to appoint a champion for wild salmon,” said Olsen. “The crises facing BC’s wild salmon populations, while dire, provide opportunity for action: stakeholders, First Nations, the public and the commercial sector are aligned and eager for provincial leadership on this file like never before.”

A key finding from the Forum was the shared frustration of many participants in trying to deal with the provincial government to resolve salmon issues, having been passed from department to department because there was no single ministry in charge of the file. The proposed commissioner and secretariat would serve as a unifying force in the provincial government to see the big picture and ensure that all the fisheries work being done within the B.C. government is aligned towards a consistent, positive outcome. They would be a strong defender of wild salmon in negotiations with the federal government and work to rebuild declining stocks.

“Protecting wild salmon is a priority we share with the B.C. NDP government,” Olsen continued. “My hope is that they take today’s unified call as an opportunity to finally take action and establish a dedicated wild salmon representative responsible for this foundational B.C. species.”

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

Following the recent decision of Richmond Council to continue the status quo and allow mega mansions on ALR is their municipality, the BC Green caucus released a media release (reproduced below) calling on government to protect our rapidly depleting farmland.

Media Release

B.C. Green Caucus calls on province to take immediate action to stymie speculation on farmland
For immediate release
May 15, 2018

VICTORIA, B.C. – The B.C. Green Party caucus is calling on the provincial government to take immediate action to stymie speculation on ALR land. The Caucus says the vote at Richmond council last night demonstrates why provincial action is needed.

“Mega mansions on ALR land are imperiling our food security, destroying agricultural land and driving up prices well beyond the reach of young farmers,” said Andrew Weaver, leader of the B.C. Green Party.

“The provincial government has a number of tools at its disposal that it should immediately use to address the issue of speculation on ALR land. These include restricting foreign ownership of ALR land, applying the speculation tax and foreign buyers tax to the ALR or creating legally binding house size limits. It should use at least one of these immediately to prevent the loss of any more farmland.”

Adam Olsen, MLA for Saanich North and the Islands and a former Saanich Councillor, added that local governments have been asking the province to take action for years.

“This decision at Richmond Council will drive the price of ALR in their community sky high, it will impact the rest of the province and demonstrates the need for action at the provincial level. When I was a Central Saanich Councillor, we knew 10 years ago we needed to take action on limiting house size and location on ALR land, we called on the government of the day to act. We were not alone and rather than take action the Province has buried this issue in consultation only further increasing pressure on the cost of farmland. The issue of speculation driving up land prices is well-documented and its solutions are clear. Delaying action only causes the issue to spiral further out of control: Last year, Richmond alone lost 50 farms due to the construction of mega-mansions on farmland. I urge the Minister in the strongest terms to recognize to take immediate action before any more farmland is lost.”

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