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andrew.weaver.mla@leg.bc.ca

Question Period: The influence of lobbying and corporate donations

Today in the Legislature I was up in Question Period. I questioned the Minister of Justice, Suzanne Anton, about the lobbying and donation practices of the fossil fuel industry and the effect on government decision-making. I also asked about reforms needed to regulate the lobbying industry in BC and bring it in line with federal standards.

My question follows reports in the media over this week that lobbyists are engaging in illegal donation practices on behalf of their clients, as well as a recent analysis that maps the influence of the fossil fuel industry in BC politics, highlighting extensive lobbying practices and vast amounts of political donations. Both reports can be found at the end of this article.

Below are the text and video of the exchange. I was disappointed with the Minister’s answers. She merely restated that we have a registry of lobbyists in BC. We do have a registry, but its usefulness as a tool of transparency is severely limited, since lobbyists are not required to report the meetings they hold with public office holders. Moreover, we have no code of conduct for lobbyists to regulate practices such as gift-giving to public office holders. The Office of the Registrar of Lobbyists recommended both of these measures, back in 2013, as important ways to make lobbying practices more transparent in BC. Yet the government has ignored these recommendations and the Minister of Justice was unwilling to engage on this serious issue.


Question


A. Weaver: Vast amounts of money are flowing from fossil fuel companies to both the B.C. Liberals and — to a much lesser extent, mind you — the B.C. NDP.

Between 2008 and 2015, 48 fossil fuel companies and industry groups donated $5.2 million to the government and official opposition and reported more than 22,000 lobbying contacts with public officials between 2010-2016. With seven of the top donors also ranking among the most active lobbyists, there is a substantial overlap between those who give money and those who get meetings.

To further that, 28 percent of lobbying by the top-ten most active lobbyists has been directly with cabinet ministers — an unrivaled level of access — and the Minister of Natural Gas Development is the most targeted member in the entire Legislature.

In light of this, my question to the Minister of Justice is this. How does the government expect the public to trust that their interests are being protected and that these practices are not buying lobbyists and their clients special treatment?


Answer


Hon. S. Anton: It may be that the member was not here yesterday to know that we actually established the first-ever lobbyist registry in 2002 to establish transparency so British Columbians could see who is doing the lobbying. There never was a registry before that. After some years of experience with that registry, we updated it in 2009, creating one of the strongest regimes for lobbyist registration in Canada.

The updates increased the registrar’s powers and duties so the lobbyist registrar now has the power to conduct investigations, to compel testimony and to compel documents. In other words, the lobbyist registrar has the tools that he or she needs in order to make sure that the registry is conducted properly and that the lobbyists are conducting themselves in accordance with the rules, which is what I expect, which is what we expect as a government.


Supplemental Question


A. Weaver: I’m glad the minister talked about the lobbying registry, because frankly, we are one of the weaker in the country of Canada. B.C. lacks rules to regulate lobbying practices and ensure transparency.

We know that extensive lobbying is ongoing in B.C., but we have no code of conduct for lobbyists. Moreover, we have no requirement in B.C. for lobbyists to register actual meetings with public office holders. All they have to do is register who they plan to lobby. Other jurisdictions in Canada have much stricter standards.

It’s clear to me that with our rampant cash-for-access system and allegations that lobbyists are engaging in illegal donation practices on behalf of their clients — largely to the B.C. Liberals but also to the B.C. NDP — that we need much more stringent rules. We need standards against which the public can hold lobbyists and their contacts in the government to account.

My question to the Minister of Justice is: will the minister commit to transparency on lobbying practices, including requiring lobbyists to report on actual meetings held with government officials and creating a code of conduct for lobbyists?


Answer


Hon. S. Anton: The matter that the member referred to about contributions is very clearly, if that were to happen, a breach not of the lobbyists act but of the Election Act. The Election Act in section 186(2)(b) says that “an individual may make a political contribution with the money of another individual, but must disclose to the individual required to record the contribution under section 190….”

In other words, you can make a payment on behalf of a third party, but the third party must be disclosed. It must be very clear that it is that third party’s money which has gone to the payment. That is a breach of the Election Act. It is very clearly a breach if that is conducted. I think that that’s the conduct the member is referring to.

In fact, to the lobbying act itself, the 2009 updates to the act put very strict and significant penalties into that act for breaches of the act.


Video from Question Period


 

Sources

Mapping Political Influence: Political donations and lobbying by the fossil fuel industry in BC, Corporate Mapping Project, Canadian Centre for Policy Alternatives. Available at: http://www.corporatemapping.ca/bc-influence/.

Lobbying in British Columbia: The Way Forward: Report on Province-Wide Consultations and Recommendations for Reform, Elizabeth Denham, Registrar of Lobbyists. Available at: https://www.lobbyistsregistrar.bc.ca/handlers/DocumentHandler.ashx?ID=447.

‘Fairly limited’ transparency rules for lobbyists in B.C., deputy registrar says,  Liam Britten, CBC News. Available at: http://www.cbc.ca/news/canada/british-columbia/lobbying-lobbyists-b-c-1.4014551.

British Columbia: The ‘wild west’ of fundraising, Kathy Tomlinson, CBC News. Available at: http://www.theglobeandmail.com/news/investigations/wild-west-bc-lobbyists-breaking-one-of-provinces-few-political-donationrules/article34207677/.

Statement on BC Government’s Approval of Kinder Morgan Pipeline

Statement on BC Government’s Approval of Kinder Morgan Pipeline
For immediate release
January 11, 2017

VICTORIA B.C. – BC Green Party Leader, Andrew Weaver, and BC Green Candidate for Saanich North and the Islands, Adam Olsen, have issued the following statement in response to the BC Government’s approval of the Kinder Morgan Pipeline.

“Only the BC Liberals would suggest the approval of a heavy oil pipeline that puts our communities and coastline at risk was done to advance our healthy environment,” said Andrew Weaver. “I reviewed the exact same material as the BC Government as an official intervenor and I can tell you unequivocally, the evidence does not support this decision. The evidence does not support their assurances that we can adequately respond to a heavy oil spill, nor does it backup the government’s misleading claims about the economic effects this pipeline will have.”

“You’d think that, at the very least, Kinder Morgan would have been expected to show that they can clean up a dilbit spill to get approval. But they haven’t – because they can’t,” said Adam Olsen. “To make the situation even more absurd, the government is responding to evidence that says we are unable to remove spilled dilbit from a marine environment by saying ‘don’t worry about it, Kinder Morgan will figure it out.’”

“This is the result of a ‘get to yes, no matter the costs’ approach to economic policy. We have a project being approved that most British Columbians are against. We have a process that actively excluded communities. Now the government is arbitrarily suggesting that its conditions have been met, while the evidence shows that’s impossible.”

Both Andrew Weaver and Adam Olsen were interveners in the Kinder Morgan Hearing process, submitting hundreds of questions and reviewing thousands of pages of documentation from Kinder Morgan.

– 30 –

Media contact
Mat Wright, Press Secretary, Office of Andrew Weaver, MLA
+1 250-216-3382 | mat.wright@bcgreens.ca

Premier Notley Responds Negatively to My Request for a Public Meeting

In what has turned out to be a bizarre set of emails with Rachel Notley’s office today, it now appears that there will not be a public meeting after all. So the net result of Ms. Notley’s trip to BC was a closed door back room event with John Horgan, and a number of radio interviews wherein she talked at British Columbians.  This hardly builds trust especially since Mr. Horgan has changed his opinions on the Kinder Morgan pipeline so many times, I’ve lost count.

Talk about lack of transparency. If Ms. Notley wanted to engage British Columbians she would listen to them, not talk at them. She has not listened and both Ms. Clark and Mr. Horgan have remained silent.

Below I reproduce both letters I received today. Now I have asked countless people about their interpretation of the first letter. It was unanimous that people felt that this was to be interpreted as an invitation for a public meeting. The second letter is pretty clear.


Text of the First Letter


Dear Mr. Weaver:

On behalf of Premier Notley, thank you for your email. I appreciate you reaching out and I have shared your invitation with Premier Notley and her scheduling staff to organize a public meeting between you and her team.

Premier Notley’s scheduling staff will follow up with you shortly.

Regards,

Sonya McAdam
Premier’s Correspondence Unit


Text of the Second Letter


Dear Dr. Weaver,

Thank you for your letter of December 5th, 2016 to Premier Notley. Unfortunately, we are unable to oblige your request.

Sincerely,

Miriam Rycroft
Director of Scheduling, Office of the Premier

Premier Notley Responds Positively to My Request for a Public Meeting

Earlier today I received an email from Rachel Notley’s staff (reproduced below). The email accepted my request for a public meeting on the Kinder Morgan pipeline. While details are scant at this stage, and I’m not sure what a meeting with “her team” means, I am very pleased that British Columbians will be given an opportunity to witness a public discussion on the issue of the Kinder Morgan pipeline.

As the only MLA who served as an intervenor on this project,  I will be bringing forward the myriad concerns that I highlighted during the National Energy Board Hearings. In addition, as a climate scientist who has served as a Lead Author on the 2nd, 3rd, 4th and 5th Intergovernmental Panel on Climate Change scientific assessments, I can relate this infrastructure project to the goals that Canada agreed to when it signed the Paris Accord last year.


Text of the Letter


Dear Mr. Weaver:

On behalf of Premier Notley, thank you for your email. I appreciate you reaching out and I have shared your invitation with Premier Notley and her scheduling staff to organize a public meeting between you and her team.

Premier Notley’s scheduling staff will follow up with you shortly.

Regards,

Sonya McAdam
Premier’s Correspondence Unit

 

Statement on Clark and Horgan’s response to Notley’s visit

For immediate release
Dec. 6, 2016

Statement on Clark and Horgan’s response to Notley’s visit

VICTORIA B.C. – B.C. Green Party leader Andrew Weaver was angered by the lack of response from Premier Christy Clark and John Horgan as they let the premier of another province go unchallenged in making claims about a project that British Columbians have clearly said they do not want.

“British Columbians have said time and time again that they have felt excluded from discussions on the Kinder Morgan pipeline – that their concerns have been completely ignored. Now when the premier of another province comes to tell British Columbians what’s good for us, neither Premier Clark nor John Horgan did anything to change that.

“Premier Christy Clark was completely absent while a Premier of another province appeared on numerous TV and radio shows and made unsupported claims about the pipeline. The evidence clearly shows us that we are entirely unprepared to deal with an oil spill and yet our Premier had nothing to say.

“John Horgan, on the other hand, held a closed-door meeting with Premier Notley and allowed her to do the talking for him. At a time when British Columbians have made it clear that they want to be included in the conversation, Horgan has made it clear that he doesn’t want to have the actual conversation in public.

“Ultimately, people are wondering if their politicians are really representing their concerns in these discussions. With the complete reversal of the Federal Liberal position regarding this pipeline, significant public trust has been burned. British Columbians are done with backroom meetings and talking points. Only an open, unscripted debate will give British Columbians the opportunity to hear their concerns truly represented and responded to.

“If Horgan and Clark truly care about ensuring that British Columbians’ concerns are addressed, I hope they will support my call for an open, unscripted debate with Premier Notley on the Kinder Morgan pipeline. I am going to keep pushing for it. I hope they will join me.”

– 30 –

Media contact
Mat Wright, Press Secretary, Office of Andrew Weaver, MLA
+1 250-216-3382 | mat.wright@bcgreens.ca

Background – Andrew Weaver

Andrew Weaver received intervenor status in the National Energy Board hearing on the Trans Mountain Expansion Project both as a Member of the Legislative Assembly of British Columbia and as a scientist with a doctorate in applied mathematics and with specialty in physical oceanography and atmospheric and climate science. As an MLA, he represents the constituency of Oak Bay-Gordon Head, which is located along the Trans Mountain Tanker Sailing Route on the southeastern tip of Vancouver Island. He was the only B.C. MLA with intervenor status in the hearing process.

As a scientist, Weaver served as Lansdowne Professor and Canada Research Chair in climate modeling and analysis in the School of Earth and Ocean Sciences at the University of Victoria, where he worked for over 20 years. He was a lead author on the United Nations Intergovernmental Panel on Climate Change’s 2nd, 3rd, 4th and 5th scientific assessments and has authored and coauthored over 200 peer-reviewed, scientific papers. Weaver is a Fellow of the Royal Society of Canada, Canadian Meteorological and Oceanographic Society, the American Meteorological Society, the American Geophysical Union and the American Association for the Advancement of Science. Throughout the Kinder Morgan Trans Mountain NEB hearings, he applied his scientific expertise, particularly in physical oceanography and modelling.