Today in Kamloops I had the pleasure of giving a keynote presentation at the 2018 Annual General Meeting of the BC Chamber of Commerce.

I took the opportunity to outline our vision for a thriving, diverse 21^st century economy that builds upon our strategic strengths.

Below I reproduce the text of my speech.

Text of Speech

Introduction

Thank you for inviting me to “the River City” to speak not only about some of the work we’ve been doing over the past year, but also about our vision of economic prosperity for BC.

It’s been almost exactly one year since we signed our confidence and supply agreement with the BC NDP, signalling our commitment to supporting them in a minority government.

It’s somewhat ironic that it’s also been almost exactly one year since the publication of your breakfast keynote speaker (Adam Kahane’s) book Collaborating with the Enemy: How to Work with People You Don’t Agree with or Like or Trust — a book I bought and read last summer.

The last year seems like a year on fast-forward.
The minority government produced by the election – the first in 65 years in BC – led to the BC Greens playing a role we’ve never before played in BC politics.

It provided us an opportunity to champion key aspects of our economic platform in our agreement with the NDP.

To be successful in the 21st century economy, we need to capitalize on our strategic strengths and position ourselves to be leaders in the new economy. Achieving this has been the focus of our efforts in BC’s minority government.

As many of you know, before running for office in 2013 I was a climate scientist at the University of Victoria for 25 years.

Year after year, my students would ask me why so little progress was being made to reduce greenhouse gas emissions given that the science on climate change was so clear.

I told them that if they didn’t like the decisions politicians were making, they should consider finding someone to run or consider running themselves.

In 2012, as I watched the dismantling of Gordon Campbell’s legacy of positioning BC as a leader in the new economy, I realized I had to take my own advice. So, what motivated me to get into politics is fundamentally the same thing that I’m sure motivates a lot of you to do what you do.

I believe we have a responsibility to the next generation.

I believe in British Columbia and want to contribute to building the brightest possible future for our province.

If we want to secure a bright future for BC, we will do ourselves no favours by doubling down on the economy of the last century.

Instead, we must take stock of global trends – climate change, technological innovation, the rise of the knowledge economy – and point ourselves in a clear direction of where we want to go.

This year, the auditor general confirmed BC will miss our legislated 2020 greenhouse gas reduction targets.

Without a plan we will almost certainly miss our recently legislated 2030 targets as well.

Last year, wildfires, which the scientific community agrees will become more extensive, cost our province $750 million. Communities in BC are still recovering from flooding. The effects of global warming are not in some distant future – they are here now. And they will get far worse.

In this context, it’s not acceptable to continue to ignore our greenhouse gas reduction targets, and to continue to expand the fossil fuel infrastructure of the last century thereby pushing our targets further out of reach.

And this isn’t just an environmental issue – It’s critical from a business perspective as well.

The cost of failing to reduce greenhouse emissions will be profound for all sectors of our economy, both here in BC and around the world.

The world is coming together to find innovative solutions to the energy challenges arising from the transition to the low carbon economy. Globally countries like Saudi Arabia, China and Germany are investing billions in alternative energy production to position themselves as leaders of tomorrow.

There are opportunities to be had from transitioning to the low carbon economy, but they will flow to those who lead, not to those who follow.

Climate/LNG

Global investment trends are being driven by the world’s shared Paris commitments, predicated on the fact that keeping global warming under 2 degrees Celsius is far more cost-effective than dealing with the effects of a temperature rise above that level.

In the next two decades, renewable energy sources like wind and solar will comprise almost three-quarters of the US$10.2 trillion in new global investment in power generating technology.

The cost of solar is already on par with coal in Germany, the U.S., Australia, Spain and Italy, and will reach parity in China, India, Mexico, the U.K. and Brazil in 2021, if not sooner.

This shift presents a significant opportunity for B.C.’s economy. Our province is well poised to bolster its leadership in the cleantech sector – Vancouver alone is home to a quarter of Canada’s cleantech companies. And we can thank the leadership of Gordon Campbell for bringing this to fruition.

In 2016, B.C. cleantech generated approximately 13,900 jobs with an average salary of $84,000. We have a strong competitive advantage in the building blocks required to foster a knowledge-based economy.

Natural gas – royalty credits

Despite the new opportunities we’re presented with, in BC today, our government is continuing to pursue the dream of exporting LNG, and is perpetuating a natural gas giveaway.

We have seen massively decreasing revenues to BC from gas extraction.

What the data shows is quite shocking – while gas production has gone from 25 billion cubic metres in 2001 to over 50 billion cubic meters in 2016/17, royalty and land lease revenues to the BC government have gone in the opposite direction, from a record $2.4 billion in 2008/09 down to only $139 million in 2015.

This is partly due to the fact that the B.C. government provides hundreds of millions of dollars every year to subsidize horizontal drilling in the northeast of our province, through the deep-well royalty credit program.

The deep well royalty credit program was originally meant to offset the cost of deep well drilling.

It was later extended to apply to horizontal drilling as well. Now both are common practice, so much so that companies have amassed more credits than they can spend.

The companies earn these credits by drilling qualified wells, and when the wells start to produce gas, the companies apply the credits to reduce or even eliminate provincial royalties that they normally pay on this public resource.

In recent years, the participating companies have amassed credits faster than they can spend them. The balance in their deep-drilling account has increased from $752 million in 2012 to an accumulated $3.2 billion today.

Not only are we not getting paid for this public resource, we are literally paying companies to take it from us.

In 2009, B.C. collected $1.3 billion in natural gas royalties. Last year, we collected a mere $152 million. Measured as a share of the value of oil and gas production in B.C., royalties collected by government has fallen from 44 percent in 2008 to just 4 percent last year.

In 2009, BC earned $39.90 in royalties for every 1000 cubic metres of natural gas. In 2017 it was $2.95.

This is a dismal return on the resources that are being extracted from our province. We are giving away more gas for less money while barrelling past our climate commitments. That’s race for the bottom economics at its finest.

Opportunity/innovation

The future of economic prosperity in BC lies in harnessing our innate potential for innovation and bringing new, more efficient technologies to bear in the resource sector.

BC will never compete in digging dirt out of the ground with jurisdictions that don’t internalize the same social and environmental externalities that we value.

We will excel through being smarter, more efficient, & cleaner.

This means that we not only export the dirt, but we also export the knowledge, technology and value added products associated with resource extraction.

A great example is Vancouver-based MineSense’s technology that saves mines between $20 million to $200 million per site, while also reducing electricity and water consumption by 20 to 25 per cent and tailings by up to 40 per cent.

Through MineSense’s innovation, B.C.’s economy grows by creating the technology that enables others to make this same transition.

Efficiency also means ensuring B.C. is getting the maximum value for our resources. The last two provincial budgets reported job losses in forestry, fisheries, mining and oil and gas.

My caucus and I hear a common theme from resource businesses, industry groups and local governments — the economic value of B.C.’s natural resources does not remain in our communities.

It’s profoundly ironic that many believe that doubling down on the approach of the BC Liberals is somehow good for the resource sector when in fact, the job losses, downturn in the resource sector, and economic troubles in rural BC have occurred precisely under the watch of the BC Liberals over the last six to eight years.

In forestry, sawmills close as raw log exports persist. In fisheries, quotas become concentrated in the hands of a few companies, pricing young fishers out of the market.

Seafood caught in Canadian waters is shipped to Asia, where it is processed, and then shipped back here to be sold.

The Trans Mountain Pipeline expansion seeks to export diluted bitumen, which must be refined abroad before it can be of any use to consumers.

Every time we ship a raw commodity overseas, we forgo opportunities to create well-paying jobs and grow our economy.

There is no need for this — B.C. has a highly educated workforce, a strong entrepreneurial spirit, and world-class research institutions.

Our high school students are consistently top ranked — with the OECD noting that BC is one of the smartest academic jurisdictions in the world. Our high quality of life and beautiful natural environment attract some of the best and brightest from around the globe.

In every corner of the province, innovative British Columbians are using these strengths to generate economic prosperity. After the Midway Mill closed in 2007, the town raised capital to invest in a technological overhaul and reinvigorate the mill.

At the Wood Innovation and Design Centre in Prince George, students learn how to bring design, technology and forestry products together to develop innovative high-performance wood products.

The centre was built using value-added wood products from Structurlam, a highly innovative Penticton-based company whose products have been used in award-winning buildings all over the world.

To get a fair value for our resources that deliver maximum benefits to our communities, we need to get smarter and more strategic when it comes to embracing innovation.

Government’s role

Government should be doing more to support these initiatives and create fertile ground for a sustainable, resilient, and diverse economy.

In our Confidence and Supply Agreement with the NDP, we included two key pieces from our 21st century economy platform to help us seize economic opportunities in the emerging economy.

The first piece is the Emerging Economy Task Force.

We proposed the Emerging Economy Task Force to enable government to adapt and respond to changes on the horizon.

We need to modernize government so that it is considerably more responsive to technological innovation.

In one example, six years since ride hailing attempted to enter our market, Vancouver is still stuck with fewer options than every other major city in North America. This shouldn’t be the case.

The role of the Emerging Economy Task Force is to look to the future, identify emerging trends and advise government on how to maintain our competitiveness and achieve prosperity amidst these changes.

The second item from our platform that we integrated into CASA is the Innovation Commission (now Innovate BC) as well as the appointment of an Innovation Commissioner.

The innovation commissioner was proposed to be an advocate and ambassador on behalf of the B.C. technology sector in Ottawa and abroad, to enable B.C. companies to more easily tap into existing federal programs and build key strategic relationships.

I’m confident that both of these initiatives will bolster key sectors of our economy as we go forward.

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

We should be using our boundless renewable energy resources to attract industry, including the manufacturing sector, 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.

We should fundamentally change the mandate of BC Hydro. BC Hydro should no longer be the builder of new power capacity.

Rather, it should be the broker of power deals, transmitter of electricity, and leveller of power load through improving British Columbia power storage capacity. Let industry risk their capital, not taxpayer capital, and let the market respond to demands for cheap power.

Similarly, by steadily increasing emissions pricing, we can send a signal to the market that incentivizes innovation and the transition to a low carbon economy. The funding could be transferred to municipalities across the province so that they might have the resources to deal with their aging infrastructure and growing transportation barriers.

Yes, we should be investing in trade skills, as described, for example, under the B.C. jobs plan. But we should also be investing further in education for 21st century industries like biotech, high tech and cleantech. It’s critical that we bring the typically urban-based tech and rural-based resource sectors together.

Natural gas has an important role to play.

But, we should use it to build our domestic market and explore options around using it to power local transport. BC businesses such as Westport Innovations and Vedder Transport have already positioned British Columbia as an innovative global leader in this area.

The digital technology supercluster provides another example of exactly the type of innovation government should be doing everything it can to support. The supercluster is estimated to generate up to 15,000 jobs and $15 billion in economic activity in the coming decade.

It offers an opportunity to bring together the private sector, our post-secondary institutions and government to solve problems and accelerate innovation in key sectors in our province, like health care, forestry and manufacturing.

The companies involved in the supercluster are diverse, innovative and deeply committed to seeing success in British Columbia, and their initiative will help B.C. be more competitive as we respond to changing global trends, and help us get a better return for our resources.

Benefit companies

Finally, I’d like to speak today to a recent initiative our office has undertaken, to have benefit company legislation passed in BC.

This legislation would support companies that choose to integrate economic sustainability and social responsibility into their business mandate, by enabling them to incorporate as benefit companies in BC.

By incorporating as benefit companies, businesses would achieve greater certainty for their directors and investors about their goals and mandate, enabling them to attract capital investment while staying true to their mission as they scale.

Benefit companies are critical because they recognize that in today’s new economy — with triple-bottom-line reporting, providing a workplace where you actually create an environment that is conducive to attracting and retaining employees in a very progressive manner — these are the types of companies that are attracting the millennial generation.

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.

I am hopeful that government will support this legislation and that we will be the first jurisdiction in Canada to have benefit companies.

Conclusion

We will not solve the challenges of the 21st century by chasing 20th century solutions. In the shadows of the massive challenges that we face, our province needs a new direction.

But we can turn these challenges into opportunities if we have a forward-looking vision, an evidence-based approach to policy and political leadership that thinks beyond a four-year election cycle.

Most importantly, I believe that we must reject politically motivated attempts to pit the environment against the economy. Doing so will only short-change resource-dependent communities by justifying the race-to-the bottom economics of raw commodity exports.
Instead, we need a new direction that offers a realistic and achievable vision grounded in hope and real change.

A new direction that places the interests of the people of British Columbia 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.

I am truly excited about the prospects that lie ahead in this minority government. British Columbia has so much to offer and we can and shall be a leader in the new economy.
Thank you all again for having me here today to speak with you.

I look forward to more conversations to come.

Today in the BC Legislature we debated, at second reading, the Private Members’ Bill, that I introduced earlier this week, designed to enable BC companies to become benefit companies.

Below I reproduce the speeches I gave when moving second reading and closing the second reading debate. The BC NDP spoke in favour of the legislation. The BC Liberals didn’t bother to put up a single speaker.

Committee stage for the bill is likely to be in the fall to give us time to canvas stakeholder reactions over the coming months.

Videos of Speeches

Text of 2nd Reading Speech

A. Weaver: It gives me enormous pleasure to rise and speak to Bill M216, Business Corporations Amendment Act, 2018. I’m particularly excited about this bill and the fact that we’re debating it at second reading as it is a bill that my office and I worked on quite extensively to bring to fruition over the past several….

Deputy Speaker: Pardon me, Member. Just kindly move second reading.

A. Weaver: I do apologize, hon. Speaker. I move second reading of Bill M216, Business Corporations Amendment Act, 2018.

Deputy Speaker: Thank you very much. Please continue.

A. Weaver: Let me start again. It gives me great pleasure to rise to speak to Bill M216, Business Corporations Amendment Act, 2018. As I said, I’m particularly excited to be debating this bill, as it’s a bill that my office and I have worked on to bring to fruition for the past number of months.

We took the Attorney General up on his offer of legislative drafting services that all opposition members have been granted. We did this a few months ago. We are very grateful to the Attorney General for bringing in this new approach to politics here in the province of British Columbia. It’s very refreshing, and it allows us to ensure, when we bring legislation or amendments forward, that it’s done in a matter that ensures that it’s legally enforceable and works within existing B.C. laws.

As you will see in going through this legislation, it’s a very, very complex piece that has many, many required changes in other sections in order for it to be enacted here in British Columbia. We could not have done that without the services of the legislative drafter. Again, we are very grateful to government for doing that. I think it bodes very well for this government as we move forward in the years ahead.

I’m glad to see it receiving second reading, and I’m hopeful that all members of this House can debate this bill in an earnest way as they consider the merits of supporting or not supporting it. What this bill does…. This is what I’d like address to begin with. I want to spend a few minutes canvassing this. This bill adds a new part to the Business Corporations Act enabling companies to register as benefit companies.

This legislation is intended to encourage the adoption of business forms that have an expanded social and environmental mission, to provide a legal framework that supports and protects businesses that choose to take on this broadened mandate and to ensure that there is adequate transparency and accountability that benefit companies must adhere to.

This framework would provide greater certainty for companies and their investors as to the mandate of their directors and nature of the company. This bill is intended to be complementary to the existing community contribution company legislation passed by the previous government. The C3 — as it’s called — framework is a model for social enterprise and is particularly useful for non-profits and charities who need a way to raise revenue.

However, we’ve heard loud and clear that it is too limiting for most for-profit companies to consider, so it’s been limited in its adoption here in the province of British Columbia. I’ll speak to the differences between these pieces of the legislation at greater detail in a few minutes.

In the present legislation, there are two key components to it. No. 1: there are requirements that companies must adhere to if they want to become benefit companies. No. 2: protections are in place that we include for these companies. I’ll canvass both of those briefly here.

First, benefit companies must commit to conducting their business in an environmentally, socially responsible and sustainable manner, which takes into account the well-being of persons affected by their conduct and endeavours to use a fair and proportionate share of available environmental, social and economic resources and capacities. They must also pursue one or more specific public benefits. They must set out their purposes in their articles, including specifying the public benefits the company is promoting.

Second, benefit companies must report their performance against a third party standard, which must be developed by a person or entity that is unrelated to the benefit company. The reporting must be done annually and must be made publicly accessible. This is important to ensure transparency for suppliers, purchasers and customers that the company is indeed living up to its stated goals.

Companies incorporating for the first time as benefit companies must have the words “benefit company” or “B.Co.” as part of their name. Companies that alter their articles to become benefit companies do not need to change their name.

This bill also provides continuity and greater certainty for companies established with a broader mission. A company can only become or cease to be a benefit company if shareholders authorize it by a special resolution that requires at least a two-thirds shareholder majority.

The choice to become a benefit corporation is completely voluntary and has no impact on other existing corporations, corporate forms, taxes or government regulation. There are no financial benefits, and benefit companies are taxed at the regular corporate tax rate.

This legislation also includes important requirements and legal protections for directors and officers of benefit companies. It requires that directors and officers of a benefit company act honestly and in good faith with a view to the best interests of the persons materially affected by the company’s conduct. This bill requires that directors balance this broader requirement with the existing duty, already enshrined in corporate law, which specifies they act in good faith with a view to the best interests of the company.

It also includes key legal protections for directors. It clarifies that only shareholders can bring a challenge against a director. Their broader duties to public benefits do not open them up to broader liabilities, which is very important. It also specifies that shareholders may only seek injunctive relief against a director under this part, not monetary damages.

Why do we need this legislation in B.C.? First of all, I think it’s important, at this stage, to recognize the initiative of the previous government, and particularly the member for Surrey–White Rock at the time, Gordie Hogg, who brought forward and championed the community contribution company legislation in 2012. However, I view benefit company legislation and the C3 legislation as being complementary ways for government to support social enterprise and mission-driven companies.

The C3 structure provides a useful tool for non-profits and charities that need a way to raise revenue, but we’ve heard that it is far too limiting for most for-profit companies to consider. To become a C3, companies would have to fundamentally change their corporate structure and reduce their ability to attract investment. For example, the so called asset lock for C3s limits the dividends a C3 can be pay to shareholders, and this cap is 40 percent of annual profits. Moreover, in cases of C3 dissolution, the majority of assets remaining after debts are settled must flow to a qualified entity, such as a charity or a cooperative.

I would fully support efforts of this government to build upon the work started by the previous administration to support C3s, including promoting the C3 brand, enhancing public knowledge of these types of companies and providing tax incentives and benefits for investments in C3s. But the restrictions on C3s mean that the majority of mainstream businesses, even those that have a social and environmental mission at their core, wouldn’t consider this structure.

We should provide another option for sustainable and responsible businesses in B.C. We’ve heard from many in the social impact space, including a number of businesses that chose to prioritize social and environmental benefits in addition to profit, about the important role that a benefit company legislation would play in growing this movement and supporting the work already underway across B.C.

It’s true that directors of companies in Canada already have more discretion to pursue a broader mandate beyond maximizing shareholder profits than they do in the United States. However, a number of issues arise for companies that try to embed this broader mandate in practice, since we lack a legal framework that explicitly supports these types of businesses.

For example, this legislation would provide clarity for directors and for shareholders about the mandate of the company. It would help directors avoid the risk of a shareholder challenge regarding the director’s duties to the company. And it would take the uncertainty out of the process of embedding a broader mandate within your articles.

It would provide certainty for impact investors looking to invest in mission-aligned companies of the nature and the mandate of the company. It would enable companies to attract capital while enabling them to stay true to their mission and protect the vision of the company’s founders as their company grows.

One concern we’ve heard over and over again is that as companies grow and new investors come on board or as founders consider secession planning, they are worried about losing their company’s initial mission. This legislation would provide greater protections for the original mission of a business. Moreover, this legislation would provide a simple framework for companies to adhere to that is legally and commercially recognized.

If B.C. had this legislation on the books, if companies were able to incorporate as benefit companies with an explicit social or environmental benefit baked right into their articles, it would send a strong signal that government supports this approach to business. We would encourage more companies to pursue a socially responsible and environmentally sustainable approach, creating beneficial outcomes for society as a whole. We can better leverage the power of the private sector to help us tackle the significant social and environmental challenges we face.

To conclude, this legislation is an opportunity for British Columbia to lead the nation in supporting businesses that want to be a bigger part of developing innovative solutions to the challenges facing the 21st century.

This legislation is common elsewhere in the world. In the United States, for example, over 30 states have passed this type of legislation. Countries in Europe and South America already have it on the books or are actively considering it. Successful companies of all sizes have signed on, both here voluntarily and elsewhere through the legal approach that’s been provided to them.

I believe that becoming the first jurisdiction in Canada to champion benefit companies is an enormous opportunity to position the province as a leader in the new economy. B.C. is home to many socially responsible companies. It’s part of our stellar brand as one of the greenest and greatest places in the world to live.

But we are struggling to adjust and respond to massive technological, social and environmental shifts that the world is facing, from climate change to automation. We need to think differently in order to turn these challenges into opportunities that we lead in the development of solutions for.

Government and the non-profit sector cannot respond to these changes alone, nor should they have to. For-profit businesses have a huge role to play in our society. They are part of the solution and will continue to be so moving forward.

The companies that pursue a triple-bottom-line approach are on the cutting edge of rethinking the role of businesses 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 not only this generation but also the next and the subsequent generations thereafter.

Our hope is that if other members in this House support this bill, we can play our part in supporting this growing movement internationally. We can encourage more B.C. companies to incorporate social and environmental values into their own business articles, empowering them to promote change in our province and helping us, collectively, solve the challenge that we all face.

Text of Closing Speech

A. Weaver: I rise to close debate on Bill M216, Business Corporations Amendment Act, which is being debated at second reading. First off, I’d like to thank — the comments from the previous speakers — in particular, the minister who spoke extensively about the values encapsulated within B corporations and how those values actually resonate with the values of the present government and, clearly, the values that we have in the Third Party as well.

For those that may not know what B Corps are…. Some might think that they’re not big companies and only small companies. There are small companies who are B Corps, but there are also multinationals like Unilever, which is a transnational consumer goods company dealing with foods, beverages, cleaning agents and personal care.

Unilever is a B corp, and they’re proud of their branding. A European bank, called Triodos Bank brands themselves as the world’s most sustainable bank. They are a B corporation, and they’re a very successful one. Many people in this Legislature will know about the Natura products — the Brazilian company that builds beauty products, household care, personal care, skin creams. They are another example, a Brazilian B corporation.

In B.C., one of our more celebrated ones is Hootsuite. It’s a local start-up, B.C. grown, that grew dramatically to become a big player in the tech sector. Many have probably actually participated in Kickstarter campaigns. Well, indeed, Kickstarter is a B corporation.

They’re proud of their branding, and they’re protected because of the fact that they’re certified and incorporated as B corporations. They’re protected to allow that their mandate extend beyond the traditional of only for-profit and to actually have broader societal goals as well.

Ben and Jerry’s. We all love their Ben and Jerry’s ice cream. Ben and Jerry’s is a B corporation — again, a company that’s proud.

Why this is particularly important — you heard this from the discussion from the minister — is that we know that there’s a new generation of young people, the so-called millennials, who are emerging into our society and have a different set of values than we may have had when we came out. We came out at a different time, my grey-haired generation.

The millennials of today — I’m pointing to my colleague here, too — are looking for more than just a job. They’re looking for the quality of life associated with that job. They’re one of the reasons why in British Columbia, for example, we’re struggling to meet with health care practitioners — doctors, for example. We’re graduating a lot, but for doctors, when they come out, this millennial generation, it’s not only about the profession. It’s about the quality of life associated with that profession.

B corporations are critical because they recognize that in today’s new economy — with triple-bottom-line reporting, providing a workplace where you actually create an environment that is conducive to attracting and retaining employees in a very progressive manner — these are the types of companies that are attracting the millennial generation.

I’m absolutely delighted that here in British Columbia we’re moving this forward. I’m actually very pleased that this legislation will shortly be voted on at second reading. Over the course of the summer, I’m hoping that we will hear more from companies — we’ve been approached by a number — and that more and more companies will actually approach us and ask for further information. So as we move into the fall session, we can actually have a good public discussion about the benefits or any potential unforeseen consequences associated with B corporations.

I will say that since bringing in this legislation, a very, very big, multinational B.C.-based company has approached us and asked for details about how they might move on this process. I know there are companies out there that are looking for this. We know that. We met with stakeholders in Vancouver, with business leaders there, a couple of weeks ago. There’s actually a very integrated group of senior professionals in Vancouver. Many of these are engineering firms or consultant firms, but there are bigger firms — construction firms, a number of firms — that are moving toward a B corporation because they want to be good corporate citizens.

We recognize — and it’s good to see that government does; it’s a shame we have no speakers from the official opposition — that it’s actually critical. As we move forward in the 21st-century economy, it’s critical that we ensure that we work with business to provide solutions and move us forward to dealing with some of the challenges of our times.

With that, hon. Speaker, I move second reading.

Motion approved.

A. Weaver: I move the bill be referred to a Committee of the Whole at the next sitting of the House after today.

Bill M 216, Business Corporations Amendment Act, 2018, read a second time and referred to a Committee of the Whole House for consideration at the next sitting of the House after today.

Media Release

Weaver’s bill to support businesses with environmental and social missions takes next step towards being passed into law
For immediate release
May 17, 2018

VICTORIA, B.C. – A private member’s bill introduced by Andrew Weaver passed second reading, taking the next step towards becoming the first opposition Party bill to become law in B.C. The bill would amend the Business Corporations Act to allow companies to incorporate as benefit companies. Benefit companies would choose to pursue social and environmental goals, rather than just profit.

“I am delighted that this legislation to support businesses with a social and environmental mission passed second reading,” said Weaver.

“A minority government is an opportunity to do things differently by putting partisan politics aside and focusing on issues and ideas that will move our province forward. 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.”

If passed into law, this legislation would make B.C. the first jurisdiction in Canada to extend legal recognition to benefit companies. Weaver says the bill will encourage businesses to take on an expanded social and environmental mission, provide a legal framework that supports and protects businesses that choose to take on this broadened mandate, and ensure that there is adequate transparency and accountability.

For more information about how a Bill becomes law in the BC Legislature:https://www.leg.bc.ca/content-peo/Learning-Resources/How-a-Bill-Becomes-Law-English-print.pdf

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

Today in the legislature I rose during question period to ask the Minister of Jobs, Trades and Technology about the provincial government’s support for the recently announced BC-based digital technology supercluster consortium.

The B.C.-based Digital Technology Supercluster consortium was selected in February as one of five successful national programs to share a portion of $950 million in federal innovation funding. More than $500 million in private sector funding has also been committed to the BC-based supercluster project.

Below I reproduce the video and text of the exchange.

Video of Exchange

Question

A. Weaver: In February, B.C.’s economy received a huge boost with the news that our digital supercluster won over $150 million in federal funding. The supercluster offers an opportunity to bring together the private sector and our post-secondary institutions and government to solve problems and accelerate innovation in key sectors in our province, like health care, forestry and manufacturing. This will help B.C. be more competitive as we respond to changing global trends.

The supercluster will generate more than $5 billion in GDP growth and tens of thousands of jobs over the next ten years. It already has hundreds of millions of dollars in federal funding and private sector commitments, with over 300 partners.

For the province to be able to participate in this groundbreaking initiative, all we need to do is contribute $1.5 million per year for five years. My question to the Minister of Jobs, Trades and Technology is this: will this government seize the opportunity before them, make at least the minimal contribution required and take a seat at the table of the digital supercluster?

Answer

Hon. B. Ralston: I share the Leader of the Third Party’s enthusiasm for the supercluster proposal. The federal government took the initiative by creating a fund and having a nationwide competition. British Columbia put together a consortium, as the member has mentioned, of over 300 companies — institutions, non-profits, start-up companies — led by some of the biggest companies in the province, and was successful. It has huge potential to create jobs, economic activity and research here in the province.

Just this week, the supercluster group appointed Sue Paish, who will be known to many people here, as the CEO of the supercluster. The structure, the governance model, is all being worked out. She just was hired earlier this week. Once that structure is in place, we will certainly consider provincial options to support this exciting initiative.

Supplementary Question

A. Weaver: The digital supercluster provides a generational opportunity for this government. Familiar words, actually.

Government can bring the biggest issues B.C. faces to the table, harnessing the ingenuity of our private sector and our exceptional post-secondary institutions to find innovative solutions to our most complex and difficult problems: in areas like, for example, health care, where precision health can enable more effective and targeted treatment for patients; or in areas like our natural resources and manufacturing sectors, where partnerships will increase efficiency and productivity, creating more jobs in rural B.C. and helping us get better returns for our products.

My question, again, is to the Minister of Jobs, Trade and Technology. Why wouldn’t government do everything in its power to support this initiative and to make sure that it has a seat at the table — that it seizes the power of this supercluster to tackle the most pressing challenges we face today?

Answer

Hon. B. Ralston: Indeed, that’s exactly what the government is doing. This opportunity is a very exciting one. There are some challenges, as Sue Paish puts together her team, devises a government structure. There are some issues about the ownership of IP that will come out of the research that’s going to be done, the way in which the funds will be divided among the companies involved.

So there are some challenges. I’m convinced that the group is definitely up to it. We are excited by the opportunities.

As the member mentions, there are huge challenges that we here in British Columbia can solve. In fact, just today, over across the water, at the tech conference, there is a group of 3,000 people meeting, talking about the opportunities presented to all regions of the province, all citizens of the province, by the promise of the digital transformation that we’re undergoing.

The supercluster is part of that, and we intend to do our part in spurring that group on to success.

Today in the Legislature I introduced Bill M216: Business Corporations Amendment Act, 2018.

The proposed amendment to the Business Corporations Act will create a new Part 2.3 in the Act that enables companies to become benefit companies. These companies will have to meet certain requirements, including:

• Committing in their articles to operate in a socially responsible and environmentally sustainable manner, and to promote specific public benefits;
• The directors must act honestly and in good faith to pursue public benefits and consider the interests of persons affected by the company’s conduct
• Reporting publicly against an independent third party standard.

The choice to become a benefit corporation status is completely voluntary and has no impact on other existing corporations, other corporate forms, taxes or government regulation

It’s generally recognized that Canadian corporate law does not have a strict “shareholder primacy” rule as the US does, so directors of companies in Canada have more discretion to pursue a broader mandate beyond maximizing shareholder profits. However, this legislation is needed to

• Provide clarity for directors and shareholders about the nature and mandate of the company – avoid the risk of a shareholder challenge regarding the director’s duties;
• Provide certainty for impact investors of the nature and mandate of the company;
• Enable companies to attract capital while being true to their mission as they grow;
• Protect the vision of the founders of benefit companies from shareholder challenges;
• Provide a simple framework for companies to adhere to that is legally and commercially recognized.

This legislation would also encourage more companies to pursue a socially responsible and environmentally sustainable approach to business, creating beneficial outcomes for society as a whole and leveraging the power of business to help us to tackle significant social and environmental challenges.

Below I introduce the video and text of the introduction of this bill.

Video of Bill Introduction

Text of Bill Introduction

A. Weaver: I move that a bill intituled the Business Corporations Amendment Act, 2018, of which notice has been given, be introduced and read a first time now.

This bill amends the Business Corporations Act, by adding a new part 2.3 to the act that would give companies the ability to incorporate as benefit companies. Doing so would provide these companies with the legal framework to operate in an environmentally sustainable and socially responsible way and to pursue public benefits, in addition to pursuing profits.

Benefit corporations differ from community contribution companies — known as C3 companies — which are hybrid businesses subject to an asset lock. Benefit companies would be required to meet standards of transparency and accountability by reporting their work against an independent, third-party standard.

By incorporating as benefit companies, businesses would achieve clarity and certainty for their directors and investors about their goals and mandate, thus enabling them to attract capital investment while staying true to their mission as they grow.

Companies that pursue a triple bottom line are on the cutting edge of rethinking the role of business in the 21st century and helping us tackle our most pressing, social and environmental issues. Government needs to support and encourage business to take on this role, and this bill is one way to do just this.

Mr. Speaker: The question is first reading of the bill.

Motion approved.

A. Weaver: 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.

Bill M216, Business Corporations Amendment Act, 2018, 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.

Media Release

Weaver introduces legislation to support companies pursuing environmental and social goals
For immediate release
May 14, 2018

VICTORIA, B.C. – Andrew Weaver, leader of the B.C. Green Party caucus, introduced legislation to enable B.C. businesses to incorporate as benefit companies. The legislation would establish a legal framework for companies pursuing social and environmental goals, rather than just profit.

“B.C. is home to incredibly innovative companies that want to play a bigger role in addressing the challenges and opportunities our province faces,” said Weaver.

“This legislation recognizes the important work being done by companies that want to have a social and environmental mission driving their business model, in addition to a profit motive. By extending legal recognition to benefit companies, B.C. will encourage more businesses to adopt this innovative business model.

“Moreover, this legislation is part of positioning our province to be a leader in the cutting edge of global economic trends. As the world turns to solutions to address major issues like climate change and technological innovation, we are seeing shifts in consumer patterns and behaviour, particularly among younger demographics. By becoming the first jurisdiction in Canada to legally acknowledge benefit companies, B.C. can best position our economy for success.”

The legislation would amend the Business Corporations Act, creating a new Part in the Act that enables companies to incorporate as benefit companies in BC. Companies would be required to commit to operating in a socially responsible and environmentally sustainable manner, and to promote specific public benefits. They would also need to report their progress against an independent third-party standard.

This legislation would ensure mission-driven companies can stay true to their mission as they grow. It is also important for allowing mission-driven companies to attract capital by providing investors with certainty about the mandate of the company, without being overly prescriptive with regards to how companies must spend profits. According to B Lab, benefit companies, which are legally recognized in over 30 US States, have raised nearly $2 billion in capital.

Weaver’s bill is his caucus’ first bill to be put through the official legislative drafting process. If passed, this legislation could become the first Private Member’s Bill from an opposition party member to be passed directly into law in British Columbia.

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

Kathy Tomlinson from the Globe and Mail recently uncovered a system of speculation and insider trading that is fuelling the red-hot condo market in Vancouver and crowding out ordinary buyers. I sought to explore this further in Question Period today. In particular, I asked the Minister of Finance what she was doing to clamp down on this egregious behaviour.

I was very pleased with her response.

In my supplemental question, I asked the minister if she would consider stepping in to rectify a problem that has arisen from the upcoming ban on limited dual-agency transactions in the real estate sector. The BC NDP inherited this problem from the BC Liberals’ “sledgehammer” approach to dealing with what was largely a Metro Vancouver issue. There are profound consequences for rural BC if this ban goes ahead.

I remain optimistic that the Minister is aware of the problem and is sympathetic to taking action prior to the June 15 deadline. I will raise this issue again during Ministry of Finance estimates.

Below I reproduce the video and text of our exchange.

Video of Exchange

Question

A. Weaver: Kathy Tomlinson from the Globe and Mail recently uncovered a system of speculation and insider trading that is fuelling the red-hot condo market in Vancouver and crowding out ordinary buyers. A few select realtors and industry insiders are getting preferential access to new condos under construction, and some individuals are flipping the right to purchase these condos multiple times prior to anyone actually moving in, a process that artificially drives up the prices for the eventual homeowner.

Industry insiders and speculators shouldn’t be granted preferential bidding rights on new condo units. Ordinary British Columbians and young families trying to get their foot in the door should have the same access.

My question to the Minister of Finance is this. What is your ministry doing to end this egregious practice and to stop the preferential treatment of industry insiders over regular British Columbians? And will you end preferential treatment and require that developers market their condo developments at the same time and at the same price to everyone?

Answer

Hon. C. James: Thank you to the Leader of the Third Party for the question, and thank you for pointing out one more area that has to be addressed in the housing crisis that we are facing in British Columbia. I’m sure the member, as we all do in this House, hears the stories, the heartbreaking stories, every single day of people trying to get into the market. Then to hear about this kind of action — the insider flipping of presale condos — is very troubling. It’s very troubling, I’m sure, to everyone. It’s certainly troubling that that legacy has been left, and it is something we’re taking action on.

We have regulatory authorities, right now, investigating those reports. The member can be assured that this is a top priority for our government. We’re also taking action to actually clean up this mess. I think one of the things, and I’ve mentioned this before…. One of the real challenges is that the old government collected no information, so there is very little information to be able to take a look and get to the investigation piece.

We are doing that. We are taking action to actually require information on presale condos, on flipping of condos, to be gathered by developers. It’ll shine a light on this sector. It’ll ensure that we can share that information, then, with the tax authorities so that people are paying their fair share of taxes.

Then the one other piece I just want to mention to the member is that we’ve also initiated a review of the real estate regulatory system to also ensure a level playing field. It was a system left to us by the old government. They put a structure in place that clearly needs some work. There are questions raised about who has what authority, where that authority sits. So we’re going to be looking at the roles, the responsibilities, clarifying the issue of education to ensure consumer protection, which is the primary issue in this example and so many other examples in the housing crisis.

Supplementary Question

A. Weaver: Thank you to the minister for that very constructive response.

As the ministry knows, much of the dubious behaviour in the real estate sector has taken place in the overheated Vancouver real estate market. I think we can all agree that it’s essential to put in place new rules to end these abuses and to protect consumers, and I’m thankful that the minister is taking steps in this regard.

Yet it’s also crucial that any new rules don’t impact businesses and communities in smaller communities across British Columbia. Scores of realtors and brokers from smaller communities across rural B.C. have contacted me with serious concerns about the government’s plan to ban limited dual-agency transactions. In many small towns in rural regions, the new rule may be unworkable for small businesses. It will have a profound negative impact on consumers as well.

I’m worried, frankly, that this government inherited a sledgehammer response to reform from the B.C. Liberals that could have serious unintended consequences for realtors and consumers in rural B.C.

My question to the Minister of Finance is this. Will the minister consider delaying the implementation of the ban on limited dual-agency to enable a task force to review the effects of the proposed changes on small communities and to provide a way forward that protects consumers and doesn’t harm people in rural B.C.?

Answer

Hon. C. James: Thank you for the question, and thank you for raising the issue. I’ve certainly heard the concerns directly, but I know members on all sides of the House have heard those concerns in their communities as well and heard the concerns from realtors.

Just to be clear, the office of the superintendent is an independent regulator. And as the member said, they’ve introduced new rules banning dual agency designed to protect the public that are effective June 1. As I’ve said, I’ve certainly heard those concerns. I’ve met with the superintendent. I’ve met with the real estate board to raise those concerns, to make sure that they are well aware of them.

We want to make sure that the regulators are working as effectively as possible. As I mentioned, we’re also doing a review of the regulators themselves. But my expectations are clear. Consumers have to be protected, and all consumers should have the right to representation whether they live in rural B.C. or whether they live in urban B.C., whether they live in a small community or whether they live in a large community. I made that very clear to the superintendent and to the real estate board.