Media Release

At a press conference held today, Andrew Weaver, Elizabeth May and Adam Olsen called on the BC Government and other intervenors in the Kinder Morgan pipeline hearings to join them in demanding oral cross examinations be included in the process. The full statement is below the video.

Media Statement April 17, 2014
Calling on Government to Stand Up for BC on Kinder Morgan Pipeline
For Immediate Release

Andrew Weaver, Deputy Leader of the BC Green Party and MLA for Oak Bay-Gordon Head, Elizabeth May, Leader of the Green Party of Canada and MP for Saanich-Gulf Islands, and Adam Olsen, Interim Leader of the BC Green Party, are calling on the BC Government and Kinder Morgan to request that the National Energy Board introduce cross-examination into the hearing process for the Trans Mountain Pipeline Expansion.

Trans Mountain, a wholly-owned subsidiary of Kinder Morgan, is applying to triple the capacity of its Trans Mountain Pipeline to 890,000 barrels a day. The pipeline transports heavy oil from Alberta to Burnaby for transport by tanker. The expansion
would see a drastic increase in the number of heavy oil tankers on the BC coast. Andrew Weaver, Elizabeth May and Adam Olsen have successfully been granted intervenor status in the hearing process.

“I applied for intervenor status so I could stand up for my constituents and offer them a voice in the process,” says Andrew Weaver. “Like others, I applied under the expectation that intervenors would have the right to cross-examine the proponent during the oral hearing process.”

Cross-examination was an essential part of uncovering serious gaps in Enbridge’s evidence for the Northern Gateway pipeline proposal, including evidence surrounding what would happen in the event of an oil spill. The Province of British Columbia’s final argument on the Northern Gateway pipeline was heavily reliant on evidence that only came out during the oral cross-examination process. This allowed the Government to credibly and transparently assess the available evidence and come to the conclusion that they “were unable to support the project at this time”. In contrast, the Trans Mountain Pipeline hearings currently do not include any oral cross-examination and only offer intervenors two written opportunities to directly ask Trans Mountain for information about its evidence.

“This is a watershed moment for the BC government’s claim that it will stand up for British Columbians,” says Andrew Weaver. “Without oral cross-examination, the government has little ability to credibly and transparently represent the best interests of British Columbians in this process. I am therefore asking the BC Government to call on the National Energy Board to introduce a full oral cross examination into the hearing process.”

“Having appeared as legal counsel before the National Energy Board over the last 30 years, the right to cross-examine before the National Energy Board has been unquestioned,” says Elizabeth May. “The truncated process imposed due to the 2012
omnibus budget bill is bad enough, these additional changes represent a breach of natural justice and if not corrected will end up before the courts.”

“Without oral cross-examination, Kinder Morgan essentially gets to say ‘trust us’,” says Adam Olsen. “British Columbians made it clear with the Northern Gateway pipeline that ‘trust us’ isn’t good enough. We want a full and transparent review of
all of the facts, and that requires oral cross-examination. If Kinder Morgan has nothing to hide, then there should be no problem with them supporting a full oral cross examination in the hearings.”

Media Contact:
Mat Wright – Press Secretary, Andrew Weaver MLA
(1) 250 216 3382
mat.wright@leg.bc.ca

Media Statement April 13th 2014
Kitimat Vote a Clear Message Against Northern Gateway
For Immediate Release

Victoria BC – Andrew Weaver welcomes the vote by the residents of Kitimat B.C.to reject the proposed Enbridge Northern Gateway pipeline project. We also congratulate the Mayor and Council of Kitimat for pursuing a democratic process allowing the people directly affected by the terminal to voice their opinion. The 58% against the project is a clear message, and we urge governments at all levels to respect the people of Kitimat, and the majority of people in British Columbia, who oppose this pipeline, and the increased tanker traffic.

“No means No, not a pathway to yes. I wish to congratulate the Mayor and Council of Kitimat for allowing the plebiscite, and the residents for clearly demonstrating their opposition to Northern Gateway. I also urge all levels of government, especially the Federal Cabinet, to respect the decision.” said Andrew Weaver – MLA, Oak Bay – Gordon Head

Coastal First Nations, and those along the pipeline route, are unanimous in their opposition to Northern Gateway. The B.C. government is opposed to the pipeline and terminal saying Enbridge has failed to address fundamental questions in their submission to the National Energy Board hearings. Provincial wide polls have consistently shown the majority of people in B.C. are against the project, and now the people of Kitimat have expressed their opposition.

“This is another nail in the coffin for Northern Gateway. The people of Kitimat should be congratulated by everyone throughout the province for their determined stance. They weighed the environmental risks to the small economic benefits and made the right choice” said Adam Olsen, interim leader of the B.C. Green Party

Media Contact:
Mat Wright – Press Secretary, Andrew Weaver MLA
(1) 250 216 3382
mat.wright@leg.bc.ca

Media Statement: April 9th, 2014
Minister says “No Plan to Intervene” in Esquimalt Sewage Plant Re-Zoning
For Immediate Release

Victoria BC – In the House Tuesday Andrew Weaver asked the Minister of Environment, The Honourable Mary Polak, if the government had any intention of intervening over Esquimalt council’s unanimous rejection of the Capital Regional District plans for a sewage treatment plant at McLoughlin Point.

The reply from the Minister was – “We have no plans to intervene”

“The Minister has been consistent with her message regarding the CRD since I first raised this question in the House last year. She has no plans to intervene, and the program funding is available through to the completion deadline of 2020. “ said Andrew Weaver

Draft Transcript from Hansard, Tuesday April 8^th, Afternoon Session, Committee A.

A Weaver: As the minister is aware, Esquimalt Council voted unanimously last night to reject the capital regional district rezoning request for McLoughlin Point for the sewage plant there. This comes, following considerable public engagement — four evenings of public consultation where only one person spoke in favour of the project, and many, many, many others spoke against it. The public consultation demonstrated there’s little, if any, support for the current plan.

My question is this: considering the CRD currently has no alternative site for the treatment plant and, in fact, Esquimalt have tasked staff with putting together information to rezone McLoughlin Point to not allow a sewage plant there, will the minister reassure residents of the region that the province will not intervene on the zoning unless the CRD proves all other options are exhausted?

Hon. M. Polak: I can assure the member that our position remains the same today as it has in the past. The federal government requires that they treat their sewage by 2020. This is an obligation that falls on the local governments. It’s unfortunate that they’ve reached this kind of an impasse.

I understand that CRD is meeting this week, perhaps even tomorrow, to discuss the implications. I’m not going to speculate on what might result from that, but we have no plans to intervene. We’ve said from the beginning that this is an issue that the local governments need to grapple with, understanding that they’re the ones who are obligated to begin treatment of their sewage. We have no plans to intervene

Media Contact
Mat Wright – Press Secretary, Andrew Weaver MLA
mat.wright@leg.bc.ca
1 250 216 3382

Media Statement: April 2nd, 2014
Andrew Weaver and BC Green Party Interim Leader Adam Olsen Approved as Intervenors in NEB Trans Mountain Pipeline Hearings

For Immediate Release

Victoria BC – The National Energy Board has issued the list of approved interveners and commentators for the upcoming hearings on the proposed Kinder Morgan – Trans Mountain pipeline project. Out of more than 2100 applicants, 1250 have been accepted to comment and 400 to submit evidence as intervenors and question the proponents, with the formal process to be completed by July 2015.

As the only British Columbia MLA to receive intervenor status, Andrew Weaver’s application was approved both as an individual with relevant information or expertise and as a representative of a directly affected group, the provincial constituency of Oak Bay-Gordon Head. As a scientist, Andrew Weaver will be able to directly question the current knowledge and research on the behavior of diluted bitumen in marine environments, and as a representative of Oak Bay – Gordon Head, he will be seeking input from his constituents as to their concerns about what the impact of greater tanker traffic and potential spills will have in their community.

“I believe that my constituents have the right to have their voices represented and their concerns addressed in these hearings. I look forward to engaging with the community on the potential impacts of this project.” said Andrew Weaver

Adam Olsen, Interim Leader of the BC Green Party, also received intervenor status and will be questioning the legality of the pipeline proposal under the Douglas Treaty and the risks to First Nations and commercial fishing should a spill occur.

“There has been a complete lack of meaningful consultation with First Nations by Kinder Morgan and the Government of Canada. We do not know the impacts on First Nations’ and commercial fisheries if a diluted bitumen spill were to happen on the south coast. There are serious questions to answer,” said Adam Olsen.

Media Contact
Mat Wright – Press Secretary, Andrew Weaver MLA
mat.wright@leg.bc.ca
1 250 216 3382

How many of us plan for bankruptcy? Very few. Unfortunately, it happens far too often. When it occurs, individuals inevitably struggle to rebuild their lives in the hope that one day they will become financially stable once more.

Registered Retirement Savings Plans (RRSPs) were first introduced federally in 1957. Legislation enabling Registered Retirement Income Funds (RRIFs) was subsequently brought forward in the late 1970’s thereby permitting seniors to withdraw their RRSP funds over time instead of all at once or through purchase of an annuity. Since that time, most provinces, including British Columbia, have recognized the importance of protecting RRSPs and RRIFs from creditors in the event of personal bankruptcy. They have passed legislation to protect RRSPs and RRIFs from being seized during bankruptcy. This provides a bankrupt individual a glimmer of hope that they will not be destitute in their old age. Here in British Columbia, such seizures are governed by the 1996 Court Order Enforcement Act.

In 2008 the Federal Government passed legislation to allow for the creation of Registered Disability Savings Plans (RDSPs). The RDSP is a federal, tax-deferred, long-term savings plan for people with disabilities who want to save for the future. Unfortunately, under the Court Order Enforcement Act,  RDSPs  are not listed as a registered plan in BC’s legislation and are therefore not exempt from creditor protection. Therefore, should an individual with an RDSP go into debt, their savings in the RDSP will not be protected from seizure.

Today in the Legislature I posed the the following question to the Minister of Justice:

A. Weaver: Most provinces, including British Columbia, have recognized the importance of protecting RRSPs and RIFs from creditors in the event of personal bankruptcy. They’ve passed legislation to protect these registered plans from being seized during bankruptcy. This provides a bankrupt individual a glimmer of hope that they will not be destitute in their old age. Here in B.C. such seizures are governed by the 1996 Court Order Enforcement Act. In 2008 the federal government passed legislation to allow for the creation of registered disability savings plans. These are called RDSPs. The RDSP is a tax-deferred, long-term savings plan for people with disabilities who want to save for the future. Unfortunately, under the same act, RDSPS are not listed as a registered plan and are therefore not exempt from creditor protection. My question is to the Justice Minister. It’s this. Does the government have a plan to provide creditor protection for disabled individuals as in, for example, the province of Alberta?

The Minister of Justice responded:

Hon. S. Anton: I thank the member opposite for bringing this matter to the attention of the House, because it is an important one. Our government is committed to modernizing our laws and keeping them up with protecting our vulnerable citizens. When new things come along, like this particular plan, it has to keep up as well. It is an important issue for people with disabilities and their families. We are looking at it as part of the general review of the Court Order Enforcement Act. We’re looking at our legislation. We’re comparing it with other provinces to ensure harmonization. There are complex questions attached to the issue, I’m told, but we will be looking at those. I’d be glad to keep the member abreast of where we’re going and keep him involved in the discussion, because it is a matter that needs to be addressed

The Federal Government has also created the Registered Education Savings Plan (RESP) designed to allow parents to save for their children’s education after they graduate from high school.

Today in the House, I also posed the supplemental question to the Minister of Justice:

A. Weaver: The province of Alberta actually, just this past December, also passed legislation to provide creditor protection for RESPs, the registered educational savings plans. My question again is: does the government have a similar plan to protect a child who, through no fault of their own, might see their education investment seized by creditors?

The Minister of Justice responded:

Hon. S. Anton: Again, I would be very glad to have a look at that one as well. I think that the thoughts behind it are the same. I appreciate the member bringing it to our attention. I would be glad to work with him moving forward on it.

Both these answers are very reassuring and I look forward to working with government and the official opposition to bring in legislation that modernizes the Court Order Enforcement Act.

The province of Alberta has already taken such measures and amended their Civil Enforcement Act to include RDSPs under Section 92.1(I): Exemption of registered plans and registered disability savings plans. On December 13, 2013, legislation in Alberta received Royal Assent thereby also protecting RESPs from creditors.

By ensuring the financial security and well-being of those living with disabilities, we are not only providing the individuals and their loved ones with a sense of security, we are also reducing the strain on social services that incurs when individuals are unable to care for themselves. By also including RESPs in section 71.3 of the Court Order Enforcement Act, we are protecting children who, through no fault of their own, might see their education investment seized by creditors.