British Columbia

Introduction

Aboriginal people

The Government of British Columbia and the First Nations Summit have developed a six-stage process for negotiating treaties:
1. The Statement of Intent
2. Preparation for Negotiations
3. Negotiation of a Framework Agreement
4. Negotiation of an Agreement in Principle
5. Negotiation to Finalize a Treaty
6. Implementation of the Treaty
The process is voluntary and is open to all First Nations in British Columbia. Additional information on the six-stage treaty process can be found on the Web site of the Treaty Negotiations Office, at http://www.gov.bc.ca/tno//negotiation/process/six_stage
_process.htm.
The Ministry of Aboriginal Affairs has primary responsibility for treaty negotiations in British Columbia. Through treaties and other negotiated agreements, the Ministry works with First Nations to enhance self-reliance in Aboriginal communities both on and off reserve and to build a society in which Aboriginal people can fulfil their aspirations for self-determining and self-sustaining communities.
By way of background, while Aboriginal people make up only 2.8 percent of the total Canadian population, British Columbia's 200 bands account for approximately 17.5 percent of that national statistic. Of the province's 200 bands, approximately 125, or 62.5 percent, are participating in the British Columbia Treaty Commission process.
During the reporting period, the following strides were taken under the British Columbia Treaty Commission process:
- an additional 10 First Nations initiated the six-stage process by submitting their Statement of Intent;
- 43 tables were declared ready to begin negotiations and thus completed the second stage of the six-stage process;
- 36 tables completed the third stage of the treaty process by signing a Framework Agreement; and
- the Sechelt Nation completed the fourth stage of the treaty process by signing an Agreement in Principle.
For more detailed information on the status of treaty negotiations under the BC Treaty Commission model, please refer to the to the Web site of the Treaty Negotiations Office, at http://www.prov.gov.bc.ca/tno/.
In addition, outside the British Columbia Treaty Commission process, negotiations with the Nisga'a Nation resulted in an Agreement in Principle on March 22, 1996. On August 4, 1998, representatives of British Columbia, the Nisga'a Tribal Council, and the Government of Canada initialled the Nisga'a Final Agreement in a ceremony in the Nass valley, in the heart of traditional Nisga'a territory. Settlement legislation was then introduced in the province's Legislative Assembly on November 30, 1998. It was passed by a free vote of all Members of the Legislative Assembly on April 22, 1999. The Nisga'a Final Agreement is a significant achievement as it is the first modern treaty to be successfully negotiated in British Columbia. See the Introduction to the Government of Canada section of the present report for additional information on the Nisga'a Final Agreement. A copy of the Final Agreement can be found online at: http://www.gov.bc.ca/tno/popt/final_agreements.htm.
The Aboriginal Services Branch was established within the Ministry of Children and Families (MCF) in part to assist Aboriginal communities develop their capacity to deliver child and family services such as counselling, parenting programs, in-home support, and respite care pursuant to the Child, Family & Community Services Act.
In addition, the Branch has forged formal agreements with numerous Aboriginal child and family service agencies with the aim of devolving the authority of the provincial Director of Child Protection to First Nations communities. The Branch assists these delegated agencies in developing policies, practice standards, and a quality assurance program that meet or exceed MCF requirements. The rationale behind this devolution of services is to empower First Nations to deliver culturally appropriate services such that the responsibility for Aboriginal children and families is returned once again to the First Nations community of which they form a part.
Other MCF initiatives include the creation of a Strategic Plan for Aboriginal Services (SPAS); the establishment of the Federation of Aboriginal Foster Parents; the development of Aboriginal Operational and Practice Standards; and the distribution of culturally sensitive materials. Each initiative will be explained in turn.
With respect to SPAS, MCF developed the Plan through consultations with Aboriginal organizations and other key stakeholders. It was formally adopted in January 1999. Its four principal goals are:
- strengthen the capacity and authority of Aboriginal communities to develop and deliver services for children and families comparable to those available to any resident of British Columbia;
- strengthen the capacity of MCF to respond appropriately to the ongoing need for Aboriginal services while Aboriginal communities acquire such capacity;
- coordinate federal obligations within provincial jurisdiction to address outstanding issues of federal fiduciary responsibility for resources delivered to Status Indians, regardless of where they choose to live; and
- advocate within government for the development of viable Aboriginal economies and economic opportunities, which are vital to the health and well being of Aboriginal communities.
The Federation of Aboriginal Foster Parents was created in 1999. The intent behind its creation was to provide culturally sensitive services while promoting the integrity of First Nations' communities.
The Aboriginal Operational and Practice Standards were also implemented in 1999 for use by delegated Aboriginal child and family service agencies. It was thought that the creation of the Standards would assist delegated agencies to strengthen the capacity of First Nations' communities to deliver culturally appropriate services to their children and families. The Standards may be accessed online at http://www.mcf.gov.bc.ca/reports_publications.htm.
An example of the kinds of culturally sensitive material the Ministry has developed and distributed in the reporting period includes the booklet, Aboriginal People and the Child, Family and Community Services Act which is available online at http://www.mcf.gov.bc.ca/Aboriginal. This publication seeks to explain the various steps in child protection court hearings and the increased opportunities for Aboriginal communities to be involved in planning and delivering services and to assume greater responsibility for their children.
Finally, MCF has adopted internal policies to utilize culturally sensitive practices during child protection investigations and risk assessment determinations. To this end, it provides appropriate training to its employees. The ministry also makes use of specialized services, such as language and cultural interpreters as well as a cultural responsiveness team.

Article 2: Rights Specifically Subject to Non-Discrimination Provisions

The principal legislative tool to combat discrimination at the provincial level is the Human Rights Code. The Code protects against discrimination in four broad areas: employment, publications, sale and rental of property, and lastly, public services, facilities, and accommodation. The prohibited grounds of discrimination within these four areas include: race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, political belief, and age. The Human Rights Code is available online at http://www.qp.gov.bc.ca/statreg.

Article 3: Equal Rights of Women and Men

During the reporting period, British Columbia had its own freestanding ministry devoted to promoting equality between men and women. At the heart of the mandate of the Ministry for Women's Equality was the goal of economic equality for women.
The British Columbia Human Rights Commission and Human Rights Tribunal also played important roles in ensuring equality between the sexes. As noted in Article 2, the British Columbia Human Rights Code prohibits discrimination onthe grounds of sex and family status. Approximately 80 percent of human rights complaints in British Columbia arise in the area of employment, one of the areas of focus of this Covenant. Thus, the human rights system is intimately connected with the province's efforts to ensure that both women and men enjoy equal economic, social, and cultural rights.

Article 6: Right to Work

General

During the reporting period, the unemployment rate improved from a high of 9.0 percent in 1994 to a low of 8.3 percent in 1999. Compared to the previous decade, the problem of unemployment has substantially improved. For example, in 1985, the unemployment rate in the province hovered around 14.5 percent. Most British Columbians work for the private sector; however there is a growing trend of self-employment. The following chart details the exact breakdown of employment over the private, public, and self-employed sectors.

BC Employment by Class of Worker
Employees
	Total		Public Sector		Private Sector		Self- Employed
	('000)	% Change	('000)	% Change	('000)	% Change	('000)	% Change
1994	1,451.6	4.9	340.4	-1.0	1,111.2	6.9	302.7	3.6
1995	1,490.3	2.7	337.2	-0.9	1,153.1	3.8	302.4	-0.1
1996	1,500.0	0.7	331.9	-1.6	1,168.0	1.3	321.3	6.3
1997	1,507.6	0.5	333.4	0.5	1,174.2	0.5	361.4	12.5
1998	1,481.6	-1.7	330.5	-0.9	1,151.1	-2.0	388.7	7.6
1999	1,514.0	2.2	341.4	3.3	1,172.6	1.9	392.8	1.1

Women and men between the ages of 15 and 24 years have virtually identical participation rates in the labour market at just over two-thirds. However, this pattern does not hold true for older workers. Roughly 90 percent of men aged 25-44 work in comparison to 78 percent of women. The gap between participation rates is even more pronounced amongst workers aged 45-64: on average, 80 percent of men in this cohort work compared to 62 percent of women. Women are also more likely than men to work part time: the 1996 Statistics Canada Census data shows that 34 percent of women working part time wished to have full-time employment. Women are over-represented amongst those who work in non-standard jobs such as "own account" (those who work by and for themselves), self-employment, and employment in the home. These differences likely related to the pressures family responsibilities place on women workers who perform significantly more unpaid work for the family than men.
It is also widely recognized that visible minorities and people with disabilities face greater challenges to full and equal participation in British Columbia's labour force. Of particular concern to the province is improving access by First Nations to employment opportunities. For further information regarding British Columbia's four employment equity groups (women, First Nations, people with disabilities, and visible minorities), please refer to the BC Stats' Web site at http://www.bcstats.gov.bc.ca.

Encouraging employment opportunities in the province

One exciting development in this reporting period was British Columbia's participation in the Canada-BC Infrastructure Works Program (IWP) which was signed on February 18, 1994, and "topped-up" April 18, 1997. The first phase of IWP resulted in about 400 community improvement projects involving 9,000 jobs. The second phase, announced in 1997, resulted in more than 200 projects and more than 2,600 jobs. Details are available online at http://142.36.102.61/ProgramsAndServices/Canada
-BCInfrastructureProgram/default.htm.
More generally, the province continued its policies designed to generate employment opportunities such as loan guarantees, direct provincial grants, and coordinated public-sector capital investments. One of the most striking examples of this kind of government assistance was loan guarantees totalling $50 million for the Skeena Cellulose sawmill. By stepping in to avert bankruptcy of this company, the province saved an estimated 1,100 jobs.
Public policy in British Columbia in this reporting period also sought to encourage both venture capital and small business opportunities. For example, the government offered tax credits to resident investors as part of the province's venture capital program in return for private capital investment in small businesses (those with fewer than 75 employees), which diversified the economy. Between September 1994 and September 1999, the venture capital program leveraged private sector investment of $132 million for investment into 110 small businesses. Forgone provincial revenues (tax credits) were $41 million or approximately 30 percent of the invested capital.
The venture capital program is particularly useful to businesses that have difficulty attracting traditional debt financing, such as those engaged in manufacturing, research and development, destination tourism, and specialized agriculture. Examples of small businesses in British Columbia that have grown and prospered under the program include Sumac Ridge Winery Ltd., Race Face Components (bike parts manufacturer), Anormed Inc. (pharmaceutical research), Xillix Technologies Inc. (Bio Life Sciences), and Wickininish Inn (destination tourism).
With respect to promoting small business in British Columbia, a number of important innovations were undertaken. The Small Business Branch of the Ministry of Small Business, Tourism and Culture began publishing the Solutions for Small Business series, which includes the following guides: Exploring Business Opportunities: An Innovative Guide for BC Entrepreneurs; Resource Guide for British Columbia Businesses; Guidelines and Requirements for Business; Home-Based Business Manual; and Business Planning and Cash Flow Forecasting for Business, each of which can be found online at http://142.36.102.61/
ReportsPublications/default.htm. In addition, since April 1994, the Canada/British Columbia Business Service Centre has supported business development by providing a "one-stop" shop for business counselling. It is designed for fast, accurate, and user friendly information that entrepreneurs and business owners can use to make sound business decisions, including advice on government programs and services.

Ensuring full and equal participation by all

The Human Rights Code and the Multiculturalism Act demonstrate the legislative commitment to full and equal participation by all British Columbians. One of the key objectives common to both statutes is the desire to foster a society in which there are no impediments to full and free participation in the economic, social, political, and cultural life of British Columbia. The Multiculturalism Act is available online at http://www.qp.gov.bc.ca/statreg.
The legislative intent to eradicate barriers to full and equal participation is reflected in a number of important government policies and services. For example, the Public Service Employee Relations Commission, which provides for the recruitment and development of a well-qualified and efficient public service, has adopted an employment equity strategy in order to create a workforce that reflects the diversity of British Columbia's population. The Equity and Diversity Division of the Commission assists ministries and government agencies to improve the representation of historically under-represented groups, namely, Aboriginal people, visible minorities, people with disabilities, and women. Policy initiatives include outreach recruitment, the preferential hiring of underrepresented groups to auxiliary positions, and equity and diversity training.
With respect to specific programs or services aimed at improving women's social and economic security, the government undertook the following:
- In 1998-1999, the Ministry of Women's Equality (MWE) reproduced Starting Your Own Business, a resource guide for women entrepreneurs who wish to start their own businesses. It covered basic information such as business financing and start up; and
- Between July 1997 and March 1999, the MWE ensured that women had opportunities in government-supported projects such as the construction of high occupancy lanes on highways in the Vancouver area. Women worked 11 percent of the hours on this project and accounted for 5 percent of the construction workforce. This was well above the industry average of less than 1 percent participation by women. For additional information, please refer to Canada's Fifth Report on the Convention on the Elimination of All Forms of Discrimination Against Women.
The province also acted to ameliorate conditions for British Columbians with disabilities. The Ministry for Social Development and Economic Security established specialized offices for its Disability Benefits Program, the mandate of which is to assist people with disabilities to achieve their employment goals. Disability Benefits Program Referral Officers are available to assist participants in determining the best course of action to meet the participants' training, education, and employment goals.
Specific services offered via the Disability Benefits Program include:
- developing training and employability plans;
- referring participants to appropriate training and employment programs and community resources;
- assisting participants to obtain volunteer positions and/or employment;
- informing participants about the availability of all applicable benefits in order to facilitate integration into the labour market; and
- identifying barriers to work-related program participation.
Steps were also taken to facilitate involvement in British Columbia's labour force by youth and First Nations. For example, on April 1, 1996, the government introduced the Youth Business and Entrepreneurship Training program, with the goal of encouraging young people to start their own businesses. Over 4,800 young adults participated in the program from its inception to the end of fiscal year 1998-1999. A second example is the Visions for the Future Program, which hosted one-day conferences designed to increase Aboriginal youth awareness of various career options, such as entrepreneurship and self-employment. From April 1, 1998 to March 31, 1999, over 2,100 Aboriginal youth participated.
Finally, it should be noted that the period from September 1994 to September 1999 witnessed a shift in the way services were provided to newcomers to British Columbia. In 1996, the Ministry of Multiculturalism and Immigration (MMI) established five multi-sector working groups to identify training, accreditation, and employment needs of immigrants and to recommend options and solutions.
In 1999, with the transfer of federal immigration support programs to the province, MMI assumed responsibility for immigration settlement programs, including funding job clubs for immigrants in the amount of $600,000 annually. Also in 1999, the MMI Equal Opportunity Secretariat commenced a $150,000 annual program to assist non-profit organizations to identify job barriers for members of the four designated employment groups (women, visible minorities, First Nations, and people with disabilities) and to increase awareness about access to public sector jobs.

Technical and vocational programs

Through BC Benefits, a comprehensive skills training and education program, increasing numbers of British Columbians receive the help they need to succeed with the transition from social assistance programs to work. The program provides job search, employability and skills training for: youth aged 19-24 and students in transition to the workplace; those 25 and older on income support; persons with disabilities; workers who require skills upgrading or face job loss; and employers who are fostering a training culture.
For example, BC Benefits' Youth Works program guarantees eligible youth between 19 and 24 years access to job search, job preparation, work experience and/or training. Another BC Benefits program, Welfare to Work, redirects adults aged 25 years and older from welfare into job search, training and work experience. Its goal is to provide programs that will help people leave welfare for work. It reduces barriers to moving from welfare to work, without reducing the support that is provided to families with younger dependent children.
Both Youth Works and Welfare to Work include workplace-based training initiatives so that participants can gain work experience and on-the-job training to improve their marketability in the labour market. Between November 1997 and February 1999, 16,228 participants took advantage of this on-the-job training.
Other vocational and training programs directed specifically at youth include Youth Options and Visions for the Future. Youth Options provides opportunities for participants to earn post-secondary tuition credits; support for science and technology graduates to obtain their first job in their field; opportunities for involvement in environmental projects; vocational and entrepreneurship training; and exposure to work in the public service. The second program, Visions for the Future, is designed to help Aboriginal youth develop long-term career plans and learn about job training and education options.
There are also vocational and training programs that specifically target youth. The At-Risk Minors Services (ARMS) program is a pre-vocational life skills development program that boosts high-risk youth in developing the necessary basic life skills they need to overcome barriers and become successful participants in educational and vocational training programs.
In addition, government created the Industry Training and Apprenticeship Commission (ITAC) to encourage growth and change in apprenticeships, and expand the number of skilled people in designated trades and occupations. ITAC works with business, labour and education institutions and, since its inception, has served over 25,000 clients, providing over 23,000 training opportunities through industry training and apprenticeship programs. ITAC promotes apprenticeship and work-based training for under-represented groups. This has resulted in a 23 percent increase in the number of women in trades and technologies since ITAC was established in 1997.
Furthermore, nine Career Technical Centres (CTCs) have been established to provide an opportunity for secondary school students to receive a high school diploma and either a college certificate or credit towards a college credential in two and one-half years or less.
Thirteen Community Skills Centres (CSCs) offer flexible, client-focused training through the use of educational technologies and partnerships with public and private training providers. During the reporting period, thousands of British Columbians participated in training and education programs offered through CSCs.
The Government of British Columbia has also continued its commitment to improve vocational training for its citizens with disabilities. On April 1, 1998, British Columbia entered into a new cost-sharing agreement with the Government of Canada. The Employability Agreement for Persons with Disabilities (EAPD) replaced the former Vocational Rehabilitation for Persons with Disabilities Agreement and has the capacity to provide British Columbia with a maximum of $27 million in cost sharing in each of the five years the agreement covers. Vocational Rehabilitation Services (VRS) is one of nine programs administered by four different ministries that is cost shared under the EAPD Agreement.
The goal of VRS is to assist British Columbians with permanent disabilities to become economically independent by helping them to develop job skills, and find and maintain employment. During the 1998-1999 fiscal year, VRS spent $12.12 million providing specialized goods and services to 7,975 program participants across the province.

Employment and fundamental political and economic freedoms

The Human Rights Code prohibits discrimination in employment on the basis of political belief. In this way, the Code seeks to prevent terms and conditions of work from infringing basic political rights of British Columbians.

Article 7: Right to Just and Favourable Working Conditions

Equal pay for equal work

Section 12 of the Human Rights Code prohibits discrimination in wages on the basis of sex. Thus, the statute mandates equal pay for men and women performing "similar or substantially similar work."
For further information on pay equity initiatives, please refer to Article 11 of British Columbia's submission to Canada's Fifth Report on the Convention of the Elimination of All Forms of Discrimination against Women.

Setting wages

There are two principal methods of determining wages in British Columbia. Negotiations held during collective bargaining sessions set wages for unionised employees, while the market forces determine wages for those who do not belong to unions. Both of these methods are subject to British Columbia's minimum wage which sets a floor for workers' salaries below which rates of pay cannot fall.
The unionisation rate amongst British Columbia employees has remained relatively stable during the reporting period at approximately 35 percent. Unions dominate in primary industries such as logging, mining, and fishing. They are also commonplace in the transportation, education, and public administration sectors of the economy. In contrast, they are rare in the rapidly expanding tourism and service sectors.
Not surprisingly, unionised workers tend to enjoy higher wages than their non-unionised counterparts. To illustrate this point, the average hourly wage of a worker in the Accommodation, Food and Beverage Sector in 1997 was $10.10. The average hourly wage of a worker in the union dominated Forestry, Fishing and Mining Sector for the same year was $21.41.

British Columbia's minimum wage

Pursuant to the Employment Standards Act enacted in 1995, the Lieutenant-Governor-in-Council fixes British Columbia's minimum wage. In making this determination, government considers several economic indicators including:
- the average hourly and weekly industrial wage in British Columbia;
- the percentage increase in BC's Consumer Price Index;
- minimum wage levels in other Canadian and American jurisdictions;
- the percentage of annual Gross Domestic Product growth in British Columbia industries that hire large numbers of minimum wage earners, such as agriculture, retail trade, food services, accommodation, and personal services;
- the most current value of Statistics Canada's Low Income Cut-Off rates;
- the average costs of food, clothing, and shelter in British Columbia; and
- the status of other economic and social indicators provided to government by business, labour, and community stakeholder groups.
British Columbia's minimum wage provision applies to virtually every employee in the province. Only those workers who are specifically excluded under the Employment Standards Act are not covered. For example, some self-governing professionals are excluded from the Act.
From September 1994 to September 1999, the government increased the minimum wage four times from $6.00 to $7.15. According to Statistics Canada's annual Labour Force Survey, minimum wage earners comprise between 3 percent to 6 percent of the province's workforce in any given year. For example, in 1998, 73,900 workers in British Columbia earned the minimum wage. That figure dropped slightly in 1999 to 68,600.
Pursuant to the Employment Standards Act, employees of the Employment Standards Branch of the Ministry of Labour are authorized to conduct investigations to ensure compliance with the minimum wage regulation. If necessary, monetary penalties may be assessed against employers violating the Act. A copy of the statutory complaint mechanism and the provision relating to monetary penalties under the Act can be found on the Web site of the Government of British Columbia, at http://www.qp.gov.bc.ca/statreg/stat/E/96113_01.htm (see sections 74, 76 and 99).

Equal opportunity for promotion

The principle of equal opportunity for promotion amongst all workers in British Columbia is enshrined in section 13 of the Human Rights Code. Section 13 prohibits discrimination regarding "employment or any term of employment" because of the race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, age, or previous unrelated criminal conviction. Consequently, a person who is denied promotional opportunities on any of these prohibited grounds may file a complaint with the British Columbia Human Rights Commission.
For further information on equal opportunities for equal promotion with respect to women, please refer to Article 7 in British Columbia's submission to Canada's Fifth Report on the Convention on the Elimination of All Forms of Discrimination against Women.

Rest and reasonable limitation of working hours

The Employment Standards Act regulates the work-week as well as rest periods and vacations for employees under provincial jurisdiction. Specifically, it determines:
- the hours of work (eight per day, 40 per week);
- overtime premiums if the maximum hours per week are exceeded (1.5 times the regular rate of pay for the first three hours after a regular eight hour work day, and 2 times the regular rate of pay for anything above 11 hours per day);
- minimum hours of rest (eight hours per day or 32 hours per week otherwise overtime rates apply);
- mandatory pay for statutory holidays (either the employee does not work the statutory holiday and receives his or her regular rate of pay or the employee is paid premium rates and is entitled to an additional day off in the future); and
- entitlement to paid vacations (after 12 months of work, an employee is entitled to two weeks paid vacation; this amount increases in proportion to an employee's length of service.).

Occupational health and safety

The Workers Compensation Act Part III prescribes the minimum conditions of occupational health and safety amongst employees within provincial jurisdiction. The Workers Compensation Board (WCB), an independent board established under the Act, employs some 200 field staff including occupational safety officers, occupational hygiene officers, and ergonomists to ensure compliance with these minimum health and safety standards. In the face of violations, WCB staff may impose administrative penalties or recommend active prosecution. In addition, annual WCB rates charged to employers depend on the number of claims made under the scheme in the previous year. Thus, a firm with a poor accident record will be assessed at a higher rate than one with few WCB claims.
The vast majority of workers in British Columbia are governed by the minimum WCB health and safety standards. The Act excludes only a very narrow band of workers such as professional sports players or those working in sole proprietorships or non-incorporated partnerships. A separate act sets minimum health and safety standards for miners.
The WCB report, Lost Lives, a full copy of which is available at http://worksafebc.com/publications/, analysed rates of workplace disease and accidents. It revealed that employees working in primary resource sector such as forestry and fishing were particularly at risk for on-the-job accidents. The top five accident categories were motor vehicle accidents, struck-by-object accidents, aircraft accidents, falls from elevation, and industrial vehicle accidents.
Work related diseases are far less visible than workplace accidents because, typically, they do not result from a single incident. Disease progress is often slow, and workers may not notice any symptoms until years after their exposure to a hazardous substance. Nevertheless, work-related diseases are responsible for over 25 percent of all reported work-related deaths. Lung diseases topped the list of work related illnesses accounting for 72 percent of work related disease fatalities within the province. Most were caused by asbestos particles or silica dust, although concerns are growing about the deleterious impact of second-hand tobacco smoke on workers.

Other initiatives affecting the right to just and favourable conditions of work

Workers in the community social services sector provide a wide range of services to children-in-care, infants, adults with developmental disabilities, people with special needs, and children and youth in conflict with the law. This sector is supported through government's commitment to a low-wage redress policy designed to improve conditions for workers in jobs that have been historically undervalued and underpaid. Between 1994 and 1999, the program received more than $500 million in provincial funding.

Article 8: Trade Union Rights

Right to form/join unions

Section 4 of the Labour Relations Code upholds the right of any employee to "be a member of a trade union and participate in its lawful activities." Thus, there are no legal impediments to joining a trade union in British Columbia. Similarly, there are no restrictions placed upon the exercise of a worker's right to form unions. In fact, section 6 of the Labour Relations Code prohibits various unfair labour practices including employer interference with the formation of trade unions. The Code is available on the Web site of the Government of British Columbia, at http://www.qp.gov.bc.ca/statreg/stat/L/96244_01.htm.
In 1999, trade union membership in British Columbia climbed to 592,413 members, up by 2.4 percent from 1998. The overall proportion of the provincial paid work force belonging to unions was 36.2 percent. Although the ratio of union membership to paid worker has been stable for the past few years, it is still lower than the average ratio between 1950 and 1990. The unionised portion of the work force since 1986 has fallen to the levels of the early 1940s. This is mainly a result of the slow growth in the work force in the highly organized primary and manufacturing industries in the province coupled with rapid expansion in the more non-unionised service sector. The 1999 results mark a change in this recent pattern.
Twenty-five trade unions in the province had a membership in excess of 5,000 in 1999. The largest were the Canadian Union of Public Employees with over 100,000 members, the British Columbia Government and Service Employees' Union and Affiliates with over 60,000 members and the British Columbia Teachers' Federation at approximately 45,000.

Right of unions to join national or international labour organizations

There are no legal or practical restrictions placed on the right of trade unions in British Columbia to join either national or international labour organizations. To provide a concrete example, the British Columbia Government and Service Employees' Union is part of the Canada-wide National Union of Public and General Employees (NUPGE). NUPGE, in turn, is a member of the Public Service International Trade Union Secretariat of Public Sector Unions, which as its name suggests, operates at the international level.

Legal limits on unions

Unions are allowed to function freely in British Columbia, subject only to legal limits contained in statutes such as the Human Rights Code or the Labour Relations Code. For example:
- A union cannot discriminate against a person with respect to membership in a union because the person has exercised a right, or participated in a proceeding, under the Labour Relations Code: section 5(1) of the Labour Relations Code.
- A union cannot persuade employees to join or not join a union at the employer's place of employment during working hours: section 7(1) of the Labour Relations Code.
- A union cannot use coercion or intimidation to compel or induce a person to become or not become a member of a trade union: section 9 of the Labour Relations Code.
- A union must apply the principles of natural justice in disputes relating to matters in the union constitution, a person's membership in the union, and discipline by the union: section 10(1) of the Labour Relations Code.
- A union must not act in a manner that is arbitrary, discriminatory, or in bad faith in representing members of a bargaining unit: section 12(1) of the Labour Relations Code.
- A union cannot exclude, expel, suspend, or discriminate against any person on the basis of one of the prohibited grounds of discrimination: section 14 of the Human Rights Code.

Promotion of collective bargaining

British Columbia's Labour Relations Code is predicated on the promotion of collective bargaining. The "purpose" section announces the Legislature's intent: "The following are the purposes of this Code: (a) to encourage the practice and procedure of collective bargaining between employers and trade unions as the freely chosen representatives of employees…"
This intent to encourage collective bargaining is echoed throughout the rest of the statute. For example, section 11 places an obligation on both unions and employers to bargain collectively in good faith. Section 23 gives the Labour Relations Board the authority to certify a union as the exclusive bargaining agent for a bargaining unit of employees.

Right to strike

Workers in British Columbia have the legal right to strike, subject to the following restrictions set out in the Labour Relations Code:
- Strikes are not permitted during the term of a collective agreement: sections 57 and 58.
- Strikes are not permitted until the union and employer have attempted to bargain collectively, and the majority of members in the union's bargaining unit have voted to support the strike: section 59(1).
- A strike is not permitted until the union serves both the employer and the Labour Relations Board with notice of the impending strike, and the strike cannot commence until 72 hours after notice was served: section 59.
Another limitation on the right to strike is contained in Part 6 of the Labour Relations Code, which governs essential services. Under this Part, the Labour Relations Board may designate essential services in cases where the Minister of Labour considers that a labour dispute poses a threat to the health, safety, or welfare of the residents of British Columbia. Examples of essential services include health care workers, emergency dispatch personnel, highway road clearance crews, police, and firefighters. A strike or lockout cannot commence until the Labour Relations Board determines the appropriate essential service levels, namely the minimum number of workers that must be kept on the job to ensure the health, safety, and welfare of British Columbia residents.
With respect to police and firefighters, the Legislature of British Columbia passed a separate Fire and Police Services Collective Bargaining Act in 1995. This act provides that either the union or the employer may apply to the Minister of Labour to have a dispute submitted to binding arbitration if the parties are unable to conclude a collective agreement through the normal channels of collective bargaining. A strike or lockout cannot occur if the Minister makes a direction for binding arbitration. Since the Act's inception, the Minister has imposed binding arbitration only once.

Article 9: Right to Social Security

Due to Canada's federalist system, residents of British Columbia receive benefits provided through an overlapping federal and provincial scheme. Through the province, all British Columbians who meet the relevant eligibility criteria are entitled to:
- income assistance benefits based (BC Benefits Income Assistance);
- disability benefits (BC Benefits Disability);
- family benefits (BC Benefits);
- old-age benefits (BC Benefits Seniors Supplement);
- health care benefits (Medical Services Plan of BC).
Those who work are also entitled to the following minimum benefits:
- employment injury benefits (through Workers' Compensation Board claims)
- pregnancy leave (Employment Standards Act, section 50);
- parental leave (Employment Standards Act, section 51);
- family responsibility leave (Employment Standards Act, section 52); and
- bereavement leave (Employment Standards Act, section 53).

BC Benefits

To expand upon each of these branches of social security offered by the province, the BC Benefits Income Assistance program is designed to provide essential income support, employment and training support, and other benefits to British Columbians who need temporary assistance and meet the eligibility requirements of the BC Benefits (Income Assistance) Act. The program is limited to those who can demonstrate financial need based on stringent income and asset tests. Recipients aged 25-60 who are employable and who are not single parents with dependent children under seven years are required to participate in training and job search programs in order to continue to qualify to receive benefits.

Disability Benefits

BC Benefits also provides Disability Benefits to assist persons with disabilities in overcoming barriers to independence. They are designed to allow persons with disabilities to participate more fully in their communities and, in some cases, in the job market. A person may apply for Disability Benefits if he meets the following criteria:
- is 18 years or older; and
- as a direct result of a severe mental or physical impairment:
  - requires extensive assistance or supervision in order to perform daily living tasks within reasonable time, or
  - requires unusual and continuous monthly expenditures for transportation or for special diets or for other unusual but essential and continuous needs, and
  - has confirmation from a medical practitioner that the impairment exists and is likely to continue for at least one year, or is likely to recur.

Benefits for people with dependent children

Family benefits designed to assist those with dependent children include BC Family Bonus, the BC Earned Income Benefit, Healthy Kids, and Child Care Subsidy programs. Each program will be explained in turn.
The BC Family Bonus, implemented in July 1996, provides a tax-free payment to all low and moderate income families, regardless of their source of income. It was the first program of its kind in Canada to replace welfare-based child benefits with benefits available to all families meeting the relevant income guidelines, including families who are part of the province's working poor. The benefits are designed to reduce child poverty and also to assist parents in moving from welfare to work.
Two years after British Columbia created the BC Family Bonus program, the Government of Canada introduced the National Child Benefit. As a result, the province reinvested savings from its Family Bonus program into a new provincial program, the BC Earned Income Benefit. This new provincial benefit replaced the Working Income Supplement, which had been discontinued by the federal government. The BC Earned Income Benefit provides a supplement of up to $605 per child per year to the Family Bonus, based on a family's earnings. It is designed to assist low-income families care for their children and provides parents with more opportunities to enter the labour market.
The final family benefit offered through BC Benefits is a monthly childcare subsidy, available to families of low to moderate means. The purpose of the subsidy is to make it economically feasible for low or moderate income earners to re-enter the workforce.

Old-age benefits

Lastly, there are limited old-age benefits provided under the BC Benefits umbrella. The Seniors Supplement program assures a minimum monthly income for British Columbia seniors who receive the federal Old Age Security pension and Guaranteed Income Supplement or the federal Spouse's Allowance. If a senior's total income, including any federal pensions, falls below the level guaranteed by the province, a supplement is provided to make up the shortfall.
To give a sense of the scope of the program, as of September 1999, there were 159,116 families or individuals receiving BC Benefits. In the 1998-1999 fiscal year, BC Benefits expenditures totalled $1.3 billion.

Health care

In addition to the BC Benefits programs, all British Columbians enjoy a universal health care system. The Medical Services Plan of British Columbia covers medically required services provided by general practitioners, specialists, and supplementary health care practitioners, as well as laboratory services and diagnostic procedures.
The Healthy Kids program extends basic dental and vision care to children in low and moderate income families who are not already covered by federal or employer sponsored insurance plans. Eligibility is determined using the Medical Services Plan premium subsidy formula. Again, this program is designed to help remove barriers for parents moving from welfare to work.

Employment benefits

With respect to employment-related benefits, all employees within provincial jurisdiction are entitled to the minimum benefits set out in the Employment Standards Act. Thus, a pregnant employee is entitled to 18-24 consecutive weeks of unpaid leave. Pregnancy leave can be extended for up to 12 additional weeks by requesting parental leave. Like pregnancy leave under the Act, parental leave is also unpaid. It should be noted that provincial pregnancy and parental benefits complement federal monetary benefits as part of a comprehensive overlapping regime. Employees are also entitled to up to five days of unpaid leave each employment year to meet responsibilities related to the care, health, and education of an immediate family member as well as up to three days of unpaid leave in the event of the death of an immediate family member.
These minimum benefit entitlements set out in the Employment Standards Act are often supplemented by private plans such as private insurance or provisions contained in collective agreements. In the case of unionised workers, it is common to have more extensive accident and illness protections than those provided statutorily. As a result, most collective agreements in British Columbia provide for a Short Term Illness and Injury Plan in addition to a Long Term Disability Plan for more permanent conditions.
Those British Columbians who do not have access to steady employment, especially unionised employment, are disadvantaged in terms of access to and quality of available benefits. Those categories of British Columbians who are over-represented in traditionally non-unionised sectors are particularly affected. For example, women and youth dominate the rapidly expanding service industry, a sector not easily penetrated by trade unions. Typically, they receive fewer and less generous benefits than employees occupying unionised positions.

Article 10: Protection of the Family, Mother and Child

Families

The importance that British Columbians place on the role of the family continues to be reflected in the creation in September 1996 of a new free standing ministry devoted to the needs of children and families. The Ministry for Children and Families was created by bringing together components of five ministries in order to streamline services for children and families and to strengthen the province's child protection system. The Ministry was established in response to two key reports on the province's child and family system, the Report of the Gove Inquiry into Child Protection, released in November 1995, and the Morton Report: British Columbia's Child, Youth, and Family Serving System, Recommendations for Change, released in September 1996.
It is estimated that one in 10 people (over 400,000) in the province receives help from this Ministry each year. Services include child protection, foster care, adoption programs and assistance, family supports such as counselling, parenting programs, and respite care, children's and youth mental health, school-based programs, youth services, special needs, Aboriginal services, early childhood development, and youth justice initiatives.
One final important development was the expansion of British Columbia's, and Canada's, legal definition of "spouse." An important jurisprudential milestone was reached in 1999 with the Supreme Court of Canada's decision in M. v. H (see Jurisprudence section of the present report for additional information).
The spirit of the M. v. H. decision is reflected in legislation such as the Adoption Act, which permits both opposite and same-sex couples to adopt children, and in the Definition of Spouse Amendment Act, 1999, R.S.B.C. 1999, c. 29, which sought to modernize under-inclusive definitions of "spouse" in British Columbia statutes.

Adoptions

This reporting period marks important developments in British Columbia with respect to adoptions. On November 4, 1996, the British Columbia Legislature passed the Adoption Act (available at http://www.qp.gov.bc.ca/statreg/stat/A/96005_01.htm). Under the new Act:
- children have more say in adoptions;
- all adoptions are regulated;
- birth parents and adoptive parents have more options for openness;
- Aboriginal birth parents, bands, and communities have greater opportunities to plan for their children;
- licensed adoption agencies were established in urban centres to provide the public more choice regarding adoption services.
The Ministry for Children and Families offered operational supports to the legislative initiative on adoption by implementing and developing:
- an adoption information and referral telephone line;
- a support organization for adoptive parents of special needs children;
- three provincially-funded registers: the Birth Fathers' Registry to enable a birth father to register his interest and be notified of any adoption plan involving his child taking place in British Columbia; the Post-Adoption Openness Registry to enable birth parents and adopting parents with closed adoptions to register for an openness arrangement if they choose; and the Adoption Reunion Register to provide search and reunion services to adopted adults and their birth families.
To provide some sense of the demand for these services, statistics gathered from April 1, 1998, to March 31, 1999, show:
- There were 117 domestic adoptions.
- Adoption agencies licensed under the Adoption Act approved 202 adoption placements.
- The Post Adoption Registry facilitated 546 exchanges of information.
- There were 103 registrations on the Post Adoption Openness Registry, and six matches were completed.
- The Birth Father's Registry had nine registrations and 404 search requests, with eight matches made.
- The number of Adoption Reunion Registry active reunions totalled 247.
Attention was also paid to the issue of international adoption during this reporting period. In April 1997, British Columbia along with the other jurisdictions in Canada ratified the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption.

School Meal Program

During the reporting period, the province funded the School Meal Program which provided nutritious meals for students in over 300 schools as well as the Healthy Kids, BC Family Bonus, and the BC Earned Income Benefit explained in Article 9.

Immigrant families

Family services to immigrant families were also expanded. Refugees recognized under the UN Convention on the Status of Refugees were able to apply for regular income assistance and benefits. Previously, regular assistance was provided only after refugees were granted landed immigrant status, a process that can take several years. By providing regular assistance as soon as refugees apply for landed status, they and their families are granted earlier access to school start up allowances and other supports that lead to earlier independence.

Mothers

As previously discussed in Article 9, British Columbia provides maternity benefits. The minimum standard set by the Employment Standards Act is 18 consecutive weeks of unpaid leave, commencing 11 weeks immediately before the estimated date of birth. Mothers may choose to supplement their pregnancy leave by also claiming parental leave under the Act. The parental leave provision provides an additional 12 weeks of unpaid leave.
The Government of Canada provides monetary benefits for women who have taken leaves from work. In this way, the provincial and federal benefit schemes fit together in order to offer full protection to pregnant women.
There were also a number of pre-natal programs implemented during the reporting period. For example, the Ministry for Children and Families introduced phase one of the Building Blocks program in 1997 in ten locations throughout the province. The program focuses on Fetal Alcohol Syndrome and Fetal Alcohol Effect (FAS/FAE), prevention, enhanced child care, and home visiting servicesfor children under the age of five. In 1998-1999, the program expanded to 27 other communities. At the same time, the Ministry began publishing print and video educational materials for families living with FAS/FAE affected children. A list of online resources is available at http://www.mcf.gov.bc.ca/child_protection.
There are also pregnancy outreach programs which provide services to pregnant women at risk for having low birth weight infants. The services begin pre-natally and continue for six months after birth. The program promotes breastfeeding and provides professional and peer support regarding proper nutrition, smoking, alcohol, and other health related issues.

Children

Age of Majority is described in the Second Report of Canada on the Convention on the Rights of the Child.

Protection from Economic or Social Exploitation

A number of important innovations occurred with respect to child protection and foster care during the relevant period. For example, with respect to child protection issues, from 1995 to 1997, the British Columbia Risk Assessment Model was implemented, providing training to approximately 1,500 government child protection staff and 2,000 community partners. The purpose behind the model was to ensure consistent, well-informed decision-making in child protection cases throughout the province. Its aim is to assist front line staff in making critical risk decisions regarding the safety and well being of children.
Also in 1997, the Ministry for Children and Families in conjunction with the Ministry of Attorney General's Dispute Resolution Office established the Child Protection Mediation Program. Under section 22 of the Child, Family and Community Services Act, mediation services are offered in disputes between the Ministry for Children and Families and parents about the care of their children. Under the Child Protection Mediation Program, a roster of specialized child protection mediators was established. All mediators on the roster are private practitioners hired on contract by the Ministry of Attorney General, and all have mediation training and at least 100 hours of mediation experience. They havealso received training on issues unique to child protection mediation. These mediation services are offered free to participants.
The key objective of the Child Protection Mediation Program is to resolve as collaboratively as possible issues between Ministry for Children and Families and parents. The program attempts, in appropriate cases, to avoid the polarizingeffects of court proceedings, which often disrupt the necessary working relationship between the government child protection workers and families. It is hoped that mediation services offered under this program will facilitate a child-centred problem solving approach to disputes.
In 1998, the Ministry for Children and Families developed the brochure, Your Role as Relative, available online at: http://www.mcf.gov.bc.ca/child_protection. Its purpose is to advise extended family members of their significant role in child protection situations.
With respect to children in foster care, implementation of the recommendations stemming from the Report of the Task Force on Safeguards for Children and Youth in Foster or Group Home Care (available online at: http://www.mcf.gov.bc.ca/reports_publications.htm) began in 1997. In response, the province developed the following wide range of supports for foster parents to enable them to provide high quality services to children in care:
- 18 hours of pre-service orientation for potential foster parents;
- extensive training (53 hours) for foster parents;
- the development of protocols addressing allegations of abuse and neglect, quality of care concerns, and conflict resolution;
- distribution of the Foster Family Handbook (available online at: http://www.mcf.gov.bc.ca/foster) which discusses how the Ministry for Children and Families and foster parents can work together to provide quality care for children and youth in foster homes;
- implementation of a policy whereby legal fees are paid for foster parents who are involved in civil or criminal suits related to unfounded allegations of abuse of children in care;
- provision of respite support of three days a month; and
- establishment of the After Hours support line which provides professional consultation and support to foster parents.
For older children in care, amendments of the Child, Family, and Community Services Act were adopted which provided new flexibility in the provision of support services. The amendments allow for Youth Agreements for young people aged 16-19 who cannot live at home. The Agreements provide for residential, emotional, financial, and other support services for youth while they acquire the skills necessary to make the transition to adulthood and independence.
Also during the relevant reporting period, the Ministry for Children and Families continued to fund the Federation of British Columbia Youth in Care Networks. The Federation is a non-profit society run by and for youth between the ages of 14 and 24 who are or who have been in government care. The purposes of the organization are to:
- advocate for new and improved services for youth in care;
- participate in the development of new governmental policy for youth in and leaving care;
- act as advocate for youth in care.
An example of the collaboration between the Ministry for Children and Families and the Federation was the development of the publication Useful Tips for Youth Leaving Care Handbook, available online at: http://www.mcf.gov.bc.ca/child_protection.
Finally, at the end of the reporting period in 1999, the government fully implemented the Looking After Children Program. The program uses a child-centred approach to help assess needs and achieve better outcomes for children and youth in care.
One other policy area that underwent significant growth in this reporting period was programs and services offered to children and youth at risk for abuse or sexual exploitation. For example, in 1998, the government of British Columbia developed the new British Columbia Handbook for Action on Child Abuse and Neglect, available online at: http://www.mcf.gov.bc.ca/child_protection. The handbook supports professionals and volunteers to work together to prevent, recognize and respond to abuse and neglect appropriately. Over 40,000 copies of the handbook were distributed, and an inter-disciplinary training program was developed and delivered to over 2,000 participants across the province.
In 1995, the province introduced an interactive workshop specifically focusing on the risks of sexual exploitation facing British Columbia youth. Presented to public schools in the Vancouver area, it explores the dangers of street life and the recruitment processes used to lure youth into the sex trade. The workshop entitled If It's Too Good to be True, includes monologues, interactive discussions, and theatre games to explore the issues of sexual exploitation with students.
The following year heralded the creation of an inter-ministry committee on prostitution and sexually exploited youth as well as the opportunity to co-host, with the United Nations, the International Summit on Sexually Exploited Youth. The conference, Out of the Shadows and Into the Light (http://www.crimeprevention.org/victims), brought together delegates from around the world to discuss the issues and attempt to fashion solutions to the problem of the sexualexploitation of children and youth.
In 1997, the Government of British Columbia reaffirmed its commitment to work toward solutions to the problem of sexual exploitation of youth by allocating $4.8 million for new youth services across the province. The new resources included the provision of new safe housing for sexually exploited youth in four cities in British Columbia (Victoria, Prince George, Kelowna and New Westminster/Burnaby). As well, 25 additional youth outreach and support workers were hired to assist high-risk youth leave the street and/or the sex trade.

Safeguarding the rights of children in care

In 1999, the province developed and distributed a video called Know Your Rights: A Guide for Young People in Care. The companion guide is available online at http://www.mcf.gov.bc.ca/child_family_service_act. It is mandatory to show these materials to every child entering care. The guide explains young people's rights, the supports available to them, and who to turn to for help. An ageappropriate colouring book was developed to assist younger children in care to understand their rights.
At the same time, a brochure entitled When You Disagree: Making a Complaint to the Ministry for Children and Families was developed explaining the complaints process to children taken into care. It is available online at http://www.mcf.gov.bc.ca/child_family_service_act. Another was produced for parents, which is also available online at: http://www.mcf.gov.bc.ca/complaints. These brochures include contact information for the Child, Youth, and Family Advocate and for the Advocate for Service Quality for People with Developmental Disabilities who can help parties file complaints.
In conjunction with the Legal Services Society, which provides Legal Aid services in British Columbia, a list of lawyers skilled in providing independent legal advice to children and youth was compiled in 1998. The primary role of these lawyers is to provide advice to children who are considering whether to consent to a court order applied for under the Child, Family and Community Services Act as well as to youth in ministry care who are considering whether to place their babies up for adoption.
A brochure, When You Need a Lawyer: Information for Children and Youth on Independent Legal Advice (available online at http://www.mcf.gov.bc.ca/justice_services.htm), was developed in 1998. The brochure outlines to young people what happens in court, how a court decision could affect their lives, and how to get proper legal advice. It was distributed to all child and family service offices and to related community-based agencies throughout the province.

Child labour

The Employment Standards Act prohibits the employment of children under the age of 15, unless the Standards Branch grants special permission to do so. If such permission is given, the Director may set specific terms and conditions of employment in order to protect the child. The majority of permits are granted for children employed in the film industry or seasonal fruit-picking in orchards. In 1994-1995, 441 permits were granted, and in 1995-1996, the number dropped to 401.

Article 11: Right to an Adequate Standard of Living

General

Broadly speaking, British Columbians enjoy a high standard of living. Throughout the reporting period, Canada ranked first in the United Nations' quality of life survey under the Human Development Index. Within Canada, British Columbia holds a very favourable position as one of its wealthiest provinces.

Food

While most people in British Columbia enjoy a high quality of life, single parent families, families relying on social assistance, and off-reserve Aboriginal families are more likely to experience hunger. Data compiled from the 1994 National Longitudinal Survey of Children and Youth shows that single parent families headed by women are the most vulnerable.
In order to address this issue, the province continued its commitment to the School Meals Program established in 1991. Over the course of the reporting period, the program expanded such that free lunches were provided to children in over 300 schools across British Columbia. It provides nutritious meals for children who may not be getting enough nourishment at home.
In 1994, an evaluation of the program was carried out. It was found that both students and teachers were extremely happy with the program. Teachers recorded improvements in student health, classroom behaviour, happiness, well-being, and improved knowledge of nutrition as a result of participation in the program.
A related program is the Inner City School Program. It supports children at risk of leaving school or who are having difficulties participating at school due to factors such as poverty and hunger. Specific programs are tailored to communities and are designed to develop the social skills and confidence needed by children and youth in order to function successfully in society.
The BUY BC program was established to promote the purchase of local and seasonal foods (see BUY BC online at: http://www.buybc.gov.bc.ca). Other initiatives include hosting the nutritious food basket, supporting community kitchens, community gardens, food buying clubs, good food bags, communityassisted agriculture, farmers' markets, and food policy councils. All are designed to promote healthy economical eating habits.

Housing

Under the Growth Strategies Statutes Amendment Act, enacted in 1995, British Columbia introduced a new planning tool, the regional growth strategy, and established the framework for the preparation and implementation of these strategies by regional districts across the province. The regional growth strategy has the explicit purpose of promoting socially, economically, and environmentally healthy human settlements which make efficient use of public facilities and services, land, and other resources. As of September 1999, two Regional Growth Strategies had been adopted in the Greater Vancouver Regional District and in the Nanaimo Regional District, which together accounted for 52.7 percent of BC's population at that time. The Municipal Act (now titled Local Government Act), which describes the regional growth strategies, is available online, at http://www.qp.gov.bc.ca/statreg/stat/L/96323_00.htm (see Part 25).
British Columbia's amendments to the Municipal Act contained in the Local Government Statutes Amendments Acts gave local governments more powers respecting the construction of non-profit and social housing. For example, a localgovernment can now provide assistance to a non-profit housing group by guaranteeing repayment of its borrowings. Local governments can also now provide aid by reducing or waiving development cost charges for not-for-profit rental housing. A development cost charge is exacted to pay for infrastructure such as roads, sidewalks, sewers, schools, and parks, and can ordinarily not be waived or reduced. See sections 181 and 183 of the Municipal Act regarding the assistance local governments can provide.
There were other legislative changes to afford greater flexibility to local governments in the development of housing policy. In 1997, the province amended the Vancouver Charter through the Vancouver Charter Amendment Act to give the City of Vancouver the power to regulate the conversion or destruction of single-room accommodations, including the power to establish conditions for a permit, such as one-for-one replacement, and to refuse authorization for conversion or demolition if a permit is not obtained.
To further assist local governments to encourage and facilitate affordable housing, rental housing and special needs housing, the Housing Policy Branch prepared a series of educational materials on effectively addressing housing issues. Publications include Local Responses to Homelessness: A Planning Guide for BC Communities; Supportive Housing for Seniors: A Policy and Bylaw Guide; Planning for Housing; Impact of Non-Market Housing on Property Values; and a report summarizing private rental housing trends in the province. These publications are available online at: http://www.mhr.gov.bc.ca/housing.
In terms of operational policies, it is the British Columbia Housing Management Commission (BC Housing) which has responsibility for the delivery of the province's social housing programs. BC Housing's mandate is to facilitate the provision of secure, well-managed, affordable housing. In fulfilling its mandate, BC Housing:
- works with non-profit societies, co-operatives, other government ministries and development resource groups to create new housing options;
- administers agreements and manages the flow of subsidies for housing built under a variety of programs;
- works with other government ministries to provide management support for group homes and special needs residences, as well as co-ordination of the development of new group homes across the province;
- provides direct management for public housing;
- maintains an applicant registry and allocates housing according to applicant need and the availability of suitable accommodation; and
- delivers targeted rent supplements and other housing assistance programs such as SAFER (Shelter Aid for Elderly Renters) Program for seniors and SILP (Supported Independent Living Program) for persons with mental illness. Information on each of these programs is available online at: http://www.bchousing.org/Applicants.
To explain some of the programs mentioned as part of BC Housing's mandate, the province, through the SAFER Program, provides direct cash assistance to senior citizens, age 60 and over, who pay more than 30 percent of their gross income on rent. The $21 million budget provides assistance to 12,500 seniors annually.
SILP is a program whereby BC Housing subsidizes the rent of mentally ill tenants living in private rental accommodation up to 30 percent of their gross income. Under this same program, non-profit organizations provide support services. As of March 1999, BC Housing was providing 1,110 individuals with SILP rent subsidies.
Since 1994, the provincial government has provided funding for more than 7,100 new housing units through HOMES BC, the provincial housing program. It is expected that these new units will be home for 15,000 British Columbians.
The government also offered support to newcomers to British Columbia by funding the Tenants' Rights Action Coalition (TRAC) to offer public legal education workshops to assist recent immigrants and refugees living in unsafe and unhealthy buildings. Training and ongoing assistance to settlement workers and agencies is also provided.
Other housing programs included funding registered non-profit societies to develop and operate emergency shelters, safe homes, and transition houses. These offer room and board in a safe and supportive environment to women and children in a crisis situation.
British Columbia housing policies specifically address youth in care or former youth in care, who entered into Youth Agreements with the province under the Child, Family and Community Service Act. In 1999, the Ministry for Children and Families committed to ensuring that every youth who entered into a Youth Agreement received appropriate funding for safe and affordable housing in his or her particular community. By way of explanation, a youth agreement is a legal agreement between a youth and the Ministry for Children and Families. The purpose of the agreement is to help the youth gain independence, return to school, and/or gain work experience and life skills.
As well, provision has been made for temporary accommodation. The government contracts with hostels in order that short-term accommodation is available for transient single persons and couples without children.
Finally, the British Columbia housing policy supports the first time homebuyer. In 1994, the province introduced the First Time Home Buyers' program, which exempts qualified homebuyers from paying the property transfer tax, a land registration tax that is normally payable when an application is made at any Land Title Office in British Columbia to register changes to a certificate of title.

Article 12: Right to Physical and Mental Health

General

British Columbia's health care system

The founding principles of medicare, namely universality, comprehensiveness, accessibility, portability, and public administration, were entrenched in the British Columbia Medicare Protection Act. The Act, the first of its kind, was introduced in 1995 in order to preserve a publicly managed and fiscally sustainable health care system in which access is based only on need. The Act prohibits physicians from extra-billing British Columbia for any of the health services covered by Medicare. The Act is available online at http://www.qp.gov.bc.ca/statreg/stat/M/96286_01.htm (see sections 2 and 18).
In order to further ensure that income does not limit the access of British Columbians to publicly funded health care, the Ministry of Health provides Medical Services Plan premium assistance to lower income British Columbians. In 1998, the net income ceiling to qualify for various subsidy levels available was increased. This enhancement resulted in thousands more British Columbians receiving subsidization. As of March 1999, 29 percent of British Columbia residents were receiving some level of assistance with their health care premiums.
The structure of the province's health care system began in 1993-1994 with an emphasis on regional decision-making and service delivery. A simpler streamlined approach to this regionalization model was announced in 1996. The "Better Teamwork, Better Care" approach reduced the layers of bureaucracy and administration by cutting the total number of health authorities to 45 from 102 under the old model. The simplified regionalization model provided for an accelerated transfer of most health care decision making from the Ministry of Health to the regional health authorities beginning April 1, 1997 and completed by October 1 that same year.
Responsibility for direct delivery and management of most health care services was transferred from the Ministry of Health to 11 Regional Health Boards, 34 Community Health Councils, and seven Community Health Services Societies across the province. Regional Health Boards have the responsibility to deliver a full range of health services except those services which have remained in the purview of the province such as the Centre for Disease Control (the Provincial Laboratory), the Cancer Agency and Emergency Health (Ambulance) Service. Community Health Services Societies work in partnership with Community Health Councils to oversee the delivery of health care in rural areas where Regional Health Boards do not exist.
While most health services are governed and managed regionally, the Ministry of Health retains ultimate authority and responsibility for British Columbia's publicly administered health care system. The Ministry of Health funds the health authorities and monitors, evaluates, and supports their performance in governing and managing health care services. The Ministry of Health retains responsibility for the Medical Services Plan, Pharmacare, Vital Statistics, and the British Columbia Ambulance Service.
To provide an idea of the level of resources committed to the health care system in British Columbia, in 1998-1999, the Ministry of Health budget was $7.4 billion or roughly 31 percent of total government spending. This represents an increase of roughly 33 percent since 1991-1992.

The health of British Columbians: a snapshot

Almost half (42) of the 93 indicators used in the Provincial Health Officer's 1999 Annual Report to monitor the health of British Columbians, showed an improvement over previous reports. On traditional measures such as infant mortality, and life expectancy, British Columbia continues to make progress. Education levels and employment, key factors that affect health, are also showing improvement. The number of people on income assistance has been declining since 1995. Similarly, crime rates have dropped, more people are volunteering in their communities, fewer teenaged women are becoming pregnant, and more British Columbians are adopting safe practices such as wearing bicycle helmets. Fewer people are exposed to second hand tobacco smoke, fewer are dying from heart disease and injuries, and the elimination of certain diseases such as gonorrhea appears imminent.
The data also revealed challenges that lie ahead for British Columbia's health care system. Thirty-nine indicators did not show appreciable improvement, and six worsened. Many families were showing signs of distress, as measured by increasing reported rates of child abuse, increased numbers of children and youth in government care, and increased incidence of heavy drinking. Diabetes, asthma, and allergies were also on the rise. Increasing reliance on fossil fuel powered vehicles is damaging the global atmosphere, threatening the health of future generations. Other problems include inadequate levels of physical activity, obesity, the rate of low weight babies, a disquieting number of illicit drug overdose deaths, and the incidence and prevalence of mental illness.
With respect to traditional measures of health, gains have been made. Life expectancy continued to increase for both men and women. On average, since the 1950s, life expectancy has increased for both sexes by about 10 years to 77.2 for men and 82.6 years for women.
Prevention of deaths of infants and youths has helped add years to life. Gains have also been made in the health of older British Columbians. At age 65, a woman can expect to live another 21 years, while a man will live another 17 years. This represents a four to five year increase since the 1950s.
In spite of steady improvement, gaps in life expectancy still persist among certain regions and certain segments of society. For example, status Indians are the most disadvantaged group, with an average life expectancy of 10 years less than other British Columbia residents.
Regionally, higher levels of health are found in the southern part of British Columbia. Northern regions, which are less urbanized, have the poorest health. However, the gap between the two regions has been narrowing. Over the reporting periods, improvements were noted in infant mortality and life expectancy in northern communities, so levels of health are beginning to converge.

Maternal and Infant Mortality Rates

During the reporting period, virtually 100 percent of pregnant British Columbians had access to trained medical personnel during pregnancy and delivery. Consequently, the maternal mortality rate was very low. There were only two pregnancy-related deaths: one in 1996 and the other in 1998.
Similarly, during the reporting period, virtually 100 percent of British Columbian infants had access to trained medical personnel. The infant mortality rates from 1995-1999 calculated as the number of deaths of children under 1 year per 1,000 population were:

Year Infant Morality
Rate

1995 5.90

1996 4.94

1997 4.53

1998 4.03

1999 3.74
As mentioned earlier, the Ministry of Health has noted variances in infant morality rates based on region and segment of society. Status Indians have a higher than average infant mortality rate: between 1991-1998, one out of every seven infant deaths in British Columbia was a Status Indian child. In total, there were 274 Status Indian deaths in this eight-year period, resulting in an infant mortality rate of 11.3 or roughly double the rate for non-Aboriginal British Columbians. While Aboriginal and non-Aboriginal populations experienced similar mortality patterns for newborns in the neonatal period (up to 27 days after birth), the Status Indian population had a higher mortality rate in the post-neonatal period (28 to 364 days after birth). Sudden Infant Death Syndrome was the cause of death for 104 of the 178 Status Indian infants who died in the post-neonatal period.
Improvements in infant mortality rates amongst Aboriginal children have been noted. For example, in 1991, there were 44 infant deaths while in 1998, there were 14. In 1998, the infant mortality rate for Status Indians plunged to 4.6 per 1,000 live births, just slightly above the global average of 4.03.
Deaths from perinatal complications include those involving obstetric complications, immaturity, birth asphyxia, and respiratory distress syndrome. There were 69 Status Indian deaths from perinatal conditions from 1991-1998, which translated into an Age-Standardized Mortality Rate of 0.4 per 10,000 standard population. This figure was slightly above the rate recorded for other residents of the province at 0.3.

Environmental and industrial hygiene

In general, British Columbia's drinking water is abundant, clean, and safe to drink. From time to time and in certain locations, the quality of drinking water falls below acceptable standards. In late 1999, there were 214 boil-water advisories, affecting 7 percent of British Columbia's 2,981 drinking water systems. The 214 unsafe water supplies served approximately 1 percent of the provincial population.
In the 1998-1999 fiscal year, the Office of the Auditor General released a report on protecting drinking water sources. The Ministry of Health began working with agencies identified in the report as having an interest in water quality to ensure that safe drinking water continued to be a priority for the government.
Almost 100 percent of the population has access to adequate excreta disposal facilities. Twenty-five percent use on-site sewage systems (septic tank and tile field), and sewers serve the remaining 75 percent. More than 95 percent of the population served by sewer systems are public systems operated by municipal governments.
The treatment, reuse, and disposal of sewage is authorized through permits, Liquid Waste Management Plans, or the Municipal Sewage regulation which came into force in 1999. Between 1994 and 1999, the development of 21 Liquid Waste Management Plans were in progress, accounting for approximately 75 percent of British Columbia's population.

Prevention, treatment, and control of epidemic, endemic, and other diseases

Immunization

In British Columbia, infants are routinely immunized against eight different diseases. Vaccines for diphtheria, pertussis, tetanus, polio, and Haemophyllus influenza B are available to all children, starting at two months and are given again at four, six, and 18 months. At 12 and 18 months, children are immunized against measles, mumps, and rubella. More than 80 percent of children in British Columbia are immunized by the time they reach their second birthday.
It is recognized, however, that there are regional variations in immunization coverage. Generally, Richmond and the Thompson regions consistently have high immunization rates approaching the national target of 97 percent. Other regions such as the Fraser Valley, North Okanagan, Peace Liard, and North West have immunization rates that fall below 80 percent. For some areas, immunizations statistics are not yet available. Plans for a province-wide immunization registry were initiated to help deal with this problem.
Advances during the reporting period include the launch of a second dose measles immunization program at schools and clinics. The program was aimed at all children from 19 months to 17 years (or the end of high school).
In addition, in 1997-1998, government began to offer an improved pertussis vaccine to ensure increased protection for thousands of children. That same year brought additional hepatitis B vaccines for thousands of Grade 12 students. As well, the year also marked a notification program advising people who had received blood transfusions before June 1990 to be tested for hepatitis C so that they could seek appropriate treatment and take precautions to prevent the spread of the disease if found positive for the disease.
In 1998-1999, the province initiated publicly funded pneumococcal immunizations for all those 65 and over. In addition, the hepatitis A immunization program was expanded resulting in a significant reduction in the overall number of cases. Finally, in this same time period, an immunization program was initiated for injection drug users and those with hepatitis C.

Tobacco

Tobacco use remained the single most important preventable cause of illness and death in British Columbia. More than one in five British Columbians is a smoker, and roughly 20 children start smoking every day. Across the province, smoking rates range from 17 percent to 29 percent. During 1998-1999, British Columbia greatly expanded its efforts to reduce tobacco use and its related illnesses. Steps taken included tougher enforcement measures aimed at retailers, testing and reporting on contents of tobacco and smoke, school-based prevention programs, and consultations with Aboriginal communities in preparation for an Aboriginal tobacco reduction strategy.
Second hand smoke exposure has a significant impact on people's health at work, in public places, and at home. The Workers' Compensation Board established a new regulation, which came into effect in April 1998, which prohibited workplace exposure to second hand smoke. Just one year previous, the government introduced the Tobacco Damages and Health Care Costs Recovery Act, unique in Canada, aimed at making the tobacco industry pay for the health care costs of tobacco-related illnesses such as cancer, heart disease, and stroke. In January 1998, the Province initiated a lawsuit against the Canadian tobacco industry.

Structural improvements

A new building for British Columbia's Centre for Disease Control, which will allow the Centre to better service the health needs of British Columbians was opened in 1997. The Centre works to control communicable diseases in the province through epidemiological analysis, provincial laboratory services, and prevention programs.
Also in 1997, the government established the HIV/AIDS Division of the Ministry of Health to ensure that a range of HIV/AIDS services is available across British Columbia. The Division provides leadership and guides the implementation of British Columbia's Framework for Action on HIV/AIDS in collaboration with key stakeholders, including representatives from the HIV/AIDS community, health authorities, and the province. The Division administers funds totalling over $11 million for community based HIV/AIDS services provided by over 50 HIV/AIDS organizations and needle exchanges. These services include needle exchanges, street outreach programs, HIV/AIDS service organizations for youth, women, and ethnic minorities providing food, housing, hospice, and respite for people living with AIDS and their caregivers.

Responding to challenges: improvements to British Columbia's health care system

In 1994, the province directed the Provincial Health Officer to undertake a wide consultation process in order to develop health goals and objectives that would reflect British Columbians' understanding of the social, economic, and environmental factors that affect health. A multi-sector advisory committee, chaired by the Provincial Health Officer, was set up to guide the development of objectives, recommend strategies, and monitor and report on the progress of these health goals. After extensive public consultation, the following health goals were approved in 1998:
- positive and supportive living and working conditions in all communities in British Columbia;
- opportunities for all individuals to develop and maintain the capacities and skills needed to thrive and meet life's challenges and to make choices that enhance health;
- a diverse and sustainable physical environment with clean, healthy, and safe air, water, and land;
- an effective and efficient health service system that provides equitable access to appropriate services;
- improved health care for Aboriginal people; and
- reduction of preventable illness, injuries, disabilities, and premature deaths.

Aboriginal people

With respect to Aboriginal people, the consultations revealed that Aboriginal British Columbians continued to be challenged by the poorest health status among identified populations. Among the barriers to improving health, Aboriginal British Columbians have consistently identified a lack of access to services, the lack of meaningful participation or control in service delivery, and the absence of working relationships with health care providers.
A meeting of Aboriginal stakeholders determined that a Provincial Aboriginal Health Services Strategy in British Columbia must be developed to improve the health of Aboriginal people to harmonize their health status with that of other British Columbians. To achieve these goals, the stakeholders established a steering committee to develop recommendations that would improve access to health care, increase Aboriginal involvement in decision-making and planning for health services, and promote working relationships among Aboriginal communities, governments, health authorities, and other stakeholders. In 1998-1999, the Ministry of Health developed a framework for a Provincial Aboriginal Health Services Strategy, which will be developed jointly with the Aboriginal community.
Some concrete improvements in this regard include the provision of $250,000 worth of funding to the Prince George Native Friendship Centre for the renovation of its building. The Friendship Centre will assist in the delivery of health care programs. People using the Centre will be able to receive general health information as well as more specialized services such as drug and alcohol counselling, traditional spiritual counselling, sexual abuse prevention information, and support services to assist in raising healthy babies.

Rural health services

Steps were also taken during this reporting period to address the disparity in health care status between rural and urban centres in British Columbia. The Office of Primary and Rural Health Services was created in 1998 to improve British Columbia's primary health care system and to bring a ministerial focus to provincial rural and remote health care issues. Working jointly with other stakeholders and other inter-ministerial departments, the office will co-ordinate policies, legislation, programs, and initiatives within the context of a regionalized health care system.
The Office of Primary and Rural Health Services works with the Provincial Coordinating Committee on Remote and Rural Health Services. The latter organization was also established in 1998 to provide a cross-jurisdictional forum for stakeholders to share information and ideas on health care delivery in rural and remote communities and to coordinate information and actions on health care delivery in these communities. The Committee is mandated to make recommendations to the Deputy Minister of Health on issues regarding the provision of health care services to remote and rural communities.
As part of this ongoing commitment to improve access to health care in remote and rural areas, the province announced new initiatives to relieve pressures on health care services in British Columbia's hard to serve areas. These include expanding the northern and rural locum program, expanding the northwest teleradiology project and the telehealth physician consultation program, as well as adding new rural training opportunities for physicians. Finally, a new physician outreach program has been introduced.

Primary health care

Other steps to improve the delivery of primary health care include the joint research project between the provincial Ministry of Health and Health Canada. The Primary Care Demonstration, launched in September 1999, is to test innovative ways of funding and delivering primary health care. The goal of the project is to develop and assess new mechanisms aimed at making service delivery more responsive to patient needs while also improving the efficiency and effectiveness of the health care system.

Children and youth

Special attention was paid to improving the health of British Columbia's children and youth. In April 1996, the Healthy Kids program, administered under BC Benefits, was introduced to provide up to $500 annually for dental and optical care for eligible children aged 12 and under in low-income families. As of January 1997, dental coverage increased to $700 per child and was extended to all children 18 and under in eligible families. Vision care benefits, which include basic eyeglasses, also became available to all children 18 and under in eligible families.
In the following year, the government released a plan to reduce injuries among children and youth. The plan was developed in consultation with more than 150 stakeholder groups and recommended injury prevention targets for children and youth aged 0 to 24 years. Unintentional injuries are the leading cause of death for this age group. To support the plan, $250,000 in new funding was approved for injury prevention research.
In 1997-1998, the Ministry for Children and Families initiated a suicide prevention initiative, since suicide is the second leading cause of death for those aged 15-24 years. Suicide prevention activities included:
- development of a Provincial Framework document to promote a better understanding of the issue of youth suicide;
- distribution of the Manual of Best Practices in Youth Suicide Prevention that specifically highlights mental health promotion, prevention, and early intervention strategies
- implementation and evaluation of seven locations participating in community risk prevention activities with schools
- production of a newsletter, Lifenotes, distributed to over 1,000 agencies and individuals in British Columbia; and
- development of clinical parameters for suicide intervention to assist mental health clinicians.
At the same time, the Ministry for Children and Families, in partnership with the Ministry of Health, also initiated an Early Psychosis Identification and Intervention program. This innovation was also meant to assist youth struggling with mental health issues.
This work continued in 1999 when the province began to develop a Child and Youth Mental Health Plan for British Columbia to guide the evolution of child and youth mental health services. The Plan provides a policy framework document, a description of the mandate of child and youth mental health services, and an action plan to assist in more effectively delivering mental health services.

Seniors

At the other end of the age spectrum, the government began work on a comprehensive continuing care strategy to help it and local decision makers respond to the health needs of British Columbia's growing disabled and aging populations. A report entitled Community for Life: Review of Continuing Care Services (available online at: http://www.healthplanning.gov.bc.ca/cpa) was released in the fall of 1999 and provided policy advice and recommendations to the provincial Ministry of Health and health authorities on how to manage and deliver quality continuing care services.

Mental health

Improvements were made to mental health services as well. Following consultations with mental health stakeholders, the Ministry of Health released its Revitalizing and Rebalancing British Columbia's Mental Health System: the 1998 Mental Health Plan, available online at: http://www.healthservices.gov.bc.ca/mhd. The aim of the Plan was to promote cooperation among health authorities, relevant government entities, and other stakeholders to support the development of comprehensive, integrated regional mental health care systems for British Columbians with the most serious and disabling mental illnesses, for their families, and for the communities in which they live.
The 1998 Plan will be implemented over seven years. The Ministry of Health announced a $5.7 million package of programs to support the Plan, including expansion of community mental health services, intensive community support for people with mental illness, and relief of pressure on emergency and acute care psychiatric facilities.

Diversity

Advances have also been made with respect to providing culturally sensitive health care. In 1995-1997, the province funded the Multicultural Change in Health Care Services project, a two-year $250,000 initiative involving 22 hospitals and centres in Greater Vancouver to assist them to develop culturally responsive health services for the growing cultural diversity of the community. Provincial conferences on inclusive health care and cultural diversity have also been supported.
Finally, general health education programs were established in this reporting period. Partnerships for Better Health, a two-year health education pilot project designed to examine the effectiveness of putting health information directly in the hands of individuals, got underway in 1997. Results after the first year showed a high readership of the self-care materials with the majority of participants indicating an increase in knowledge and confidence in dealing with minor health care problems through self-care.

Article 13: Right to Education

Primary and secondary education (Kindergarten to Grade 12)

General

The government of British Columbia funds a public system of education that spans from Kindergarten to Grade 12, covering students from age 5 to age 17. Some provincial funds are also available for most independent schools. Sources for these funds are both provincial revenues as well as transfer payments from the federal government.
Each year, the province allocates these joint monies in the form of provincial grants to school districts for public education. Allocation is achieved through a series of calculations known as the funding allocation system. This system is based on relative costs for providing education at the district level. Supplemental funding to cover capital costs and other specific programs is also provided.
It should also be noted that not only is primary and secondary education free in British Columbia, it is mandatory to Grade 10. That is to say, the earliest a youth may decide to abandon his or her studies is at age 16.

Structure

Schools in British Columbia are organized into approximately 60 school districts, each governed by elected school boards. It is the role of each school board to manage schools in their district cost-effectively and in accordance with the School Act. They are also responsible for setting education policies that reflect the needs and wishes of the community and that are consistent with overall provincial guidelines.

Size

The following statistics provide a snapshot of the primary and secondary education systems in British Columbia for the 1997-1998 fiscal year:
- Enrolment in British Columbia's public and independent schools stood at 690,000 students.
- There were 60 school boards.
- There were 38,126 teachers who worked across 1,737 public schools.
- There were 3,764 teachers working in 350 independent schools.

Completion Rates

One of the traditional measures of success of an education system is its completion or graduation rate. In 1994-1995, the completion rate, which is the percentage of students who were in Grade 8 five years earlier who were expected to graduate "on time," was 69 percent in the regular secondary school system. This 1994-1995 rate was higher than in any previous year.
In addition to those students who completed high school through regular programs, a further 9 percent obtained alternate high school completion certificates. The majority of alternative certificates granted in 1994-1995 were General Educational Development Certificates. The General Educational Development program is open to adult residents of British Columbia who have been out of a school system for at least one year and who have not graduated from a secondary school. In essence, it is a high school equivalency certificate.
When the attainment of alternate high school certificates is considered along with other traditional paths to graduation, high school level completion in British Columbia in 1994-1995 approximated 78 percent. This figure showed a slight improvement over the five years previous to that.
Over the reporting period, British Columbia's completion rate with respect to primary and secondary schools continued to rise. By 1997-1998, the completion rate for students receiving a Dogwood diploma, the marker of traditional high school graduation, reached over 72 percent. Alternative high school credentials accounted for another 7 percent of student completions, bumping the total completion rate up to approximately 83 percent. By 1998-1999, the Dogwood diploma completion rate had climbed another 3 percent to 75 percent, continuing the positive trend.

Improving access

A wide range of social, geographic and economic factors influence student performance in school. One of the greatest challenges to British Columbia's school system is responding to conditions of disadvantage in order to give every child an equal opportunity to succeed.
Barriers to education include hunger, language deficiencies, disabilities, family instability, racism, and sexism. For example, it is well recognized that Aboriginal students have much lower completion rates than their non-Aboriginal counterparts. In fact, during the reporting period, the completion rate for Aboriginal students was roughly half that of non-Aboriginal students. Students whose first language is not English also have lower graduation rates.
Various initiatives were implemented during the reporting period to improve access to British Columbia's primary and secondary education systems:
- In 1994-1995, Aboriginal education programs were expanded to 65 school districts. Over 92 percent of Aboriginal students enrolled in British Columbia's public education system participated in these programs.
- Also in 1994-1995, the government implemented a number of Aboriginal educational initiatives including band/school district curriculum partnerships, a CD-ROM culture awareness initiative, an Aboriginal education computer network, staff development training, development of a British Columbia First Nations Studies 12 curriculum, and a First Nations learning resource database.
- The Kids at Risk Initiative was implemented in 1994-1995. This was a series of pilot projects designed to integrate social and educational services at the school and community level to better serve the unique needs of students at risk.
- The School Meal Program was expanded to serve 31 new schools. The Inner City Schools Program expanded to 37 new schools during 1994-1995.
- In 1994-1995, English as a Second Language funding increased to $73.6 million up from $58.2 million in 1993-1994.
- Special Education programs designed to meet the unique education needs of both the disabled and the academically gifted were improved in 1994-1995. Education resources and services that facilitated learning for students with special needs included Special Education technology centres, a provincial resource centre for the visually impaired, and specialized programs for students in hospitals and correctional centres.
- In 1996-1997, over $570 million was budgeted to improve equity of access in the Special Education, Francophone, English as a Second Language, and Aboriginal programs.
- In 1998-1999, Kindergarten classes were reduced from as high as 26 students to a maximum of 20, the first step in a five-year plan that will see primary school classes (kindergarten to Grade 3) averaging 18 students or fewer. Smaller classes mean more individual attention and support for students during the critical early years of learning.
- To accommodate smaller classes, over 500 teachers were hired in 1998-1999.
- Also in 1998-1999, electronically distributed programs for home-based schooling under the supervision of school districts or distance education schools were planned in 18 sites across British Columbia. Seventeen of these sites became operational and were evaluated in late 1999. The evaluation will help determine future delivery, programming, and mechanisms for future evaluations.

Other achievements

This section provides information on capital expenditures, new school construction, and accessibility of structures. Over the reporting period, the following advances have been made:
- In 1994-1995, there were 20 new or replacement schools creating 7,750 student spaces, as well as 44 additions or renovations creating 6,125 spaces.
- In 1994-1995, only 57 percent of public schools were accessible to people with disabilities. Between 18 and 28 projects were completed in that year, funded on a demonstrated needs priority base, in order to meet the long-term goal of ensuring that all schools are fully accessible.
- In 1997-1998, there were 20 new schools, additions and renovations to existing schools across 13 separate school districts, representing an expenditure of nearly $212 million.
- In the last fiscal year of the reporting period, 1998-1999, the province expended $411 million in capital funding to create 15,975 new student spaces and reduce the number of portable classrooms in the province. Upon completion of the new space construction projects, 514 portables will be eliminated.

Budgets

Throughout the reporting period, the province has spent approximately 4 percent of its gross domestic product or $4 billion on education expenditures for its primary and secondary education systems. Government expenditures on education, at approximately 19 percent of the total provincial budget, were surpassed only by those in health care.

British Columbia's Expenditures on Primary and Secondary Education (1994-1999)
1994-1995	1995-1996	1996-1997	1997-1998	1998-1999
$3,800,000,000*	$3,858,818,512	$4,009,381,829	$4,096,149,883	$4,156,620,555

^* This is an approximate figure.

Post-secondary education

General

British Columbia's post-secondary system is comprised of 29 institutions, including universities, university colleges, colleges, technical institutes, and the Open Learning Agency (OLA). This latter body offers a range of college and university-level programs leading to certificates, diplomas, and degrees, and it works in partnership with other post-secondary institutions to provide distance learning. OLA operates Knowledge Network, a television channel with a mandate to provide educational programming to the general public. It also co-ordinates the International Credential Evaluation Service and the education "Credit Bank," which assesses and gives credit for previous formal and non-formal learning.

Structural changes

In the spring of 1998, the Ministry of Education was split into two separate ministries. The Ministry of Education covered Kindergarten to Grade 12 while the Ministry of Advanced Education, Training, and Technology was responsible for post-secondary education and training. This change has allowed the Ministry of Advanced Education, Training, and Technology to direct its full attention to improving learning for post-secondary students.
The mandate of the newly formed ministry responsible for post-secondary institutions in British Columbia is to ensure that all British Columbians have opportunities to develop the skills and knowledge they need to live productive and fulfilling lives by contributing to the economic, social, and cultural life of the province.

Cost

Higher education is not free in British Columbia nor in any jurisdiction in Canada. However, it is subsidized. In an attempt to improve access to post secondary education, the government introduced a tuition freeze in 1996-1997. For two semesters of full-time study in an undergraduate Arts and Sciences program, the average tuition in British Columbia was $1,970. This tuition level compared very favourably across Canada: only Québec's average tuition was lower at $1,670.
The freeze remained in effect in 1997-1998. At that time, the gap between average tuition in British Columbia and the Canadian average continued to widen: British Columbia's average tuition remained constant at $1,970 while the Canadian average climbed to $2,850.

Access to post-secondary education

Approximately 40 percent of public high school graduates in 1997 met university entrance requirements. At that time, entrance to most universities was based on a grade point average of 2.5 (C+) or better on the average of English 12 and three other courses acceptable to the university. Average university eligibility rates for students in 1997 varied among districts, ranging from a low of 16 percent to a high of 71.3 percent.
Of those who were eligible in 1997, roughly 17 percent of graduates aged 18-24 went on to college and another 17.5 percent attended university. In fact, over 96,000 of British Columbia's youth aged 20-24 were enrolled in a college, institute, or university in the fall of 1997, representing 40 percent of all British Columbians in that age group. Others entered apprenticeships, enrolled at private training institutes, or studied at post-secondary institutions outside British Columbia.

Improving access

British Columbia has been successful at encouraging access to its higher education system, and the increased access is reflected in the growing utilization rate. The utilization rate is the number of students who actually attend a given institution as opposed to budgetary projections of student enrolment used to calculate an institution's entitlement to provincial funding. Over the four years between 1995-1996 and 1998-1999, the utilization rate reached 103 percent meaning that actual student enrolment surpassed budgetary planning levels.
That greater access has been achieved is witnessed by Statistics Canada data which showed a 16 percent increase in full-time undergraduate and graduate students at British Columbia universities from 1993-1994 to 1998-1999. Enrolment growth over the same period in the rest of Canada was only 0.6 percent.
In order to keep pace with growth, the government increased the number of new student places at public post-secondary education institutions by 2,900 in 1997-1998. Five hundred of those 2,900 spaces were designated for high technology programs in response to a Minister's Summit on Software Industry Skills Shortages held in July 1997. These 2,900 new spaces built on the 7,000 spaces that were created in the previous year.

Aboriginal students

In May 1997, the Ministry of Advanced Education, Training, and Technology began to implement the Aboriginal Post-Secondary Education and Training Policy Framework. Its purpose was to increase the participation and success rates of Aboriginal people in post-secondary education and training. The policy framework forms part of the strategic plan for British Columbia's college, university college, institute, and agency system. In addition, universities and the Industry Training and Apprenticeship Commission have adopted its intent.
To support this policy framework, the province has committed $3.8 million to Aboriginal programs at the post-secondary level in the 1998-1999 fiscal year. These include: direct support for 21 First Nations co-ordinators in public institutions in the province; encouragement for the development of Aboriginal Advisory Committees in all post-secondary institutions in British Columbia; and continuing financial support through the Aboriginal Special Project Fund for bridging, access, and other enhanced student support programs.

Financial assistance

Access to student loans was also expanded. In 1997-1998, a change was made to the British Columbia Student Assistance Program (BCSAP) to allow single parents one extra year in which to complete their program and still qualify for loan remission. This was in response to a gender impact analysis conducted by BCSAP in 1995-1996, which showed that single parents, 82 percent of whom were women, were often unable to quality for loan remission owing to delays in completing their study programs because of family responsibilities.
Levels of student assistance under BCSAP increased generally in this period. Total awards for student loans increased to $132.68 million, while grants rose to $49.33 million. These met the needs of more recipients, while increasing the level of average awards to those recipients.
In addition, in 1998-1999, the province distributed more than $15 million in scholarships, bursaries, awards, grants, and competitions to British Columbian high school graduates. The awards and scholarships were designed to encourage achievement and assist students to make the transition from high school to post-secondary education.

Mature students

Also during the reporting period, the government expanded access to post-secondary institutions by mature students. For many older students, the prospect of having to start at the beginning of formal education was not feasible in the face of family and work responsibilities. As a consequence, the province introduced the Prior Learning Assessment (PLA) which acknowledges the skills acquired by individuals through life experiences and work. These experiences are credited to the students' post-secondary educational programs objectives and to course and program requirements. PLA is designed to reduce the amount of time these students need to spend back at school.
Funding for the PLA program totalled $790,000 in 1997-1998 and was provided to 25 post-secondary institutions. As a result, PLA opportunities were available to the equivalent of 132 full-time students.

Other achievements

In 1997-1998, funding for capital projects totalled $71.7 million. The university expenditure level was $30.8 million while the colleges' and institutes' was $40.9 million. The most significant projects included:
- constructing a child care addition for Langara College and the completion of a child care facility at the Castlegar campus of Selkirk College;
- renovating the campus at Royal Roads University; and
- completing a shared facility for the David Thompson Secondary School and the College of the Rockies. Sharing the facility is viewed as a cost-effective approach to improving access and affordability to the post-secondary system.
Expenditure on capital projects totalled $80.8 million for the 1998-1999 fiscal year, with $27.9 of that allocated to universities. These improvements included:
- opening a new campus of the Northwest Community College in Hazelton. The new campus provides space for 130 full-time student equivalents and will help meet the enrolment needs of local First Nations people. The building offers four classrooms, a computer lab, space for student services, and administrative facilities.
- opening a new library at North Island College in Courtenay.
- completing a major retro-fit of the Kamloops campus "C" Block of the Old Main Building of the University College of the Cariboo, following the opening of the new Applied Industrial Technology Centre. The retro-fit provided new space for office administration, fine arts, and tourism programs.
- beginning construction of the second phase of Kwantlen University College campus. At completion, it is expected to accommodate an additional 1,000 full-time student equivalents.
- approving funding for a new joint campus in Merritt for the Nicola Valley Institute of Technology and the University College of the Cariboo. The new campus will replace leased spaces.
- agreeing to build a new university called the Technical University of British Columbia in Surrey. The focus of this university is to provide education in applied technology field to enable students to succeed in a knowledge driven economy.

Budgets

In 1998-1999, the budget for post-secondary education climbed to $1,059,911,654, up 2.1 percent from the previous year's figure of $1,037,683,589.

Adult education and literacy

The province removed all tuition fees for adult basic education (ABE) programs offered at public post-secondary institutions in 1998. ABE provides access to preparatory courses and skills, ranging from basic literacy to provincial and adult secondary school completions, and leads to one or more of the following goals: further education, employability skills, and life management skills. About 21,000 students use these programs offered at colleges. Another 33,000 students take ABE offered by school districts. These programs were already free.
For the 1998-1999 year, the province allocated $1.8 million for literacy activities in British Columbia through a partnership programs between the Post Secondary Division of the Ministry of Advanced Education, Training, and Technology and the National Literacy Secretariat of Human Resources Development Canada. Eighty-five projects were funded for the year. The provincial portion helped fund the following:
- a 1-800 toll free telephone line and referral services of Literacy BC;
- regional literacy co-ordination in nine regions of the province; and
- 30 projects offering one-to-one literacy tutoring and literacy group activities in British Columbian communities.

Independent schools

The province of British Columbia also provides choices for parents who do not wish their children to attend schools within the public school system. The government provides some funding to independent schools. For example, in 1997-1998, British Columbia funded approximately 350 independent schools within the primary and secondary school systems.
This choice extends to post-secondary institutions as well. Trinity Western University is an example of a private university located in the Vancouver region.

Training and vocational opportunities

The province also funds Skills Development programs. The focus of these programs is to assist clients' entry into the workforce. Programs include the Youth Works/Welfare to Work, Workplace-based Training, and Vocational Rehabilitation Services. These will be explained in turn.
The Youth Works/Welfare to Work programs assist Youth Works and income assistance recipients to improve their employability skills and thereby strengthen their attachment to the labour market. The program began in January 1996. The scheme replaced income assistance for youth aged 19 to 24 with a living allowance while at the same time guaranteeing access to employability programs. Welfare to Work provides the same programs to those aged 25 and over, subject to program availability. By 1997-1998, the programs assisted over 80,000 clients in moving off income assistance into further training or employment.
Workplace-based Training places Youth Works and Welfare to Work clients into employment positions that provide training, work experience, and the prospect of long-term employment. This program was implemented in 1996-1997.
Vocational Rehabilitation Services (VRS) is designed to ensure that people with permanent mental or physical disabilities have access to comprehensive training, education, and employment opportunities. VRS facilitates the development of vocational goals and training strategies that reflect the individual's needs as well as the realities of the competitive workforce. In 1996-1997, VRS provided services to over 6,000 British Columbians with disabilities. In 1997-1998, that figure grew to 3,751 clients who received direct services from vocational rehabilitation consultants and 5,907 clients who received indirect services from contracted agencies.
A related program is the Public Service Training Program. This program provides British Columbians with disabilities with the opportunity to pursue on-the- job training and employment in the public service through placements in the public service. The Ministry of Advanced Education, Training, and Technology reimburses the host ministry for 50 percent of the placement wages and benefits. In 1997-1998, there were 43 such placements. Total program expenditures were $273,000.

Article 15: Right to Participate in Cultural Life and Benefit from Scientific Progress and the Protection of Authors' Rights

British Columbia recognizes the significant contribution made by the arts and cultural community to the life of the province and is committed to supporting and developing that community. As a result, the province administers programs that assist community and professional arts and cultural organizations as well as individual artists. In addition, greater access to cultural and artistic experiences is encouraged throughout British Columbia.
For example, British Columbia established the British Columbia Arts Council with a mandate to:
- provide support for arts and culture in British Columbia through public education and research; award grants; and produce information on the Arts Council and the arts culture in British Columbia generally;
- provide persons and organizations with the opportunity to participate in the arts and culture of British Columbia; and
- provide an open, accountable, and neutrally administered process for managing funds for British Columbia arts and culture.
Program areas of the Arts Council include: media arts, museums, theatre, visual arts, dance, and literary arts. Each year, the Council supports varied activities such as arts festivals, arts training resources, and community arts development.
The government also supports the British Columbia Cultural Foundation whose aim is to promote private sector investment in arts and culture. On behalf of the people of British Columbia, the Foundation accepts donations, bequests, and gifts to develop arts and cultural activities and facilities throughout the province.
The Foundation works closely with not-for-profit arts organizations and estate planners to promote its mandate and to ensure tax advantages for prospective donors. The Foundation accepts gifts from individuals and corporations and makes grants to qualifying arts organizations and municipalities through British Columbia. The Foundation supports endowments, special projects, and the acquisition, renovation, and maintenance of capital property for arts and cultural activities.
Finally, the government has taken great pains to expand and diversify the cultural industry sector. Targeted industries include film, video, multimedia, book and magazine publishing, sound recording, and craft and design. Programs include:
- Cultural Industry Associations Operating Assistance: Funding is available for industry associations representing cultural industries, such as British Columbia's burgeoning film industry, to deliver services to members in order to strengthen and advance the industry as a whole.
- Cultural Industries Project Assistance: Assistance is available to develop and implement projects that contribute to the stability, product quality, product awareness, economic strength, and infrastructure of cultural industries. Professional training, marketing and promotion, strategic planning, and demonstration projects are examples of eligible initiatives. Eligible applicants are primarily industry associations and cooperatives rather than individual firms.
- Block Funding for Book Publishers: Funding is available to British Columbia book publishers for books that contribute in an original and creative way to the development of provincial or national arts and culture. Awards are based on the number of eligible books and the professional excellence of an applicant's publishing program, as determined by the Publishing Advisory Committee, which consists of five professionals active in the field of book publishing.
- Music Industry Travel Assistance Program: Assistance is available to recording artists and their business representatives to participate in performance touring or showcasing initiatives, or to business representatives attending industry events, implemented in conjunction with the release of a recorded sound project.
- Film Production Tax Credit Programs: These programs are designed to offer refundable corporate income tax credits based on labour expenditures incurred in producing eligible film and video productions. For example, the BC Production Services Tax Credit offers an incentive of a refund of 11 percent of eligible labour costs to B.C.-based film or video corporations that either own the copyright of the production in question or has contracted with the copyright owner to render production services.
Related agencies include the British Columbia Film Commission, which was established in 1978. Its mandate is to market the services of British Columbia production, post-production, and ancillary service companies to the national and international film and television industry, and to promote the province as a filming location. The Commission's activities include international marketing, production/location services, community liaison, and statistical compilation. The Commission works with regional and community based film offices to market locations and facilities outside the Vancouver area.
In 1994, the government ensured free access to basic library service by passing the Library Act. The Act requires all public libraries to provide free access to basic library services for residents and electors in the area served. Basic public library services include art prints, audiotapes, compact discs, books, Braille books and periodicals, CD-ROMs, computer diskettes, maps and charts, microforms, movies, music scores, newspapers, pamphlets, periodicals, photographs, videotapes, video laser discs, and vinyl records.
In addition, British Columbia administered library grants from both government and private sources to ensure free public access to the Internet and to electronic mail from public libraries. In 1995 and 1996, these grants totalled $2.1 million.

Science and technology

British Columbia recognizes the importance of science and technology and has maintained ongoing efforts to raise the profile of the science enterprise in the province. The result is continuing scientific progress highlighted by accelerating growth of its high-tech community, a continuing supply of highly qualified technical people to industry sectors, and a public awareness of the value of science and technology in everyday life.
During the reporting period, British Columbia provided operations and programs grant funding from a budget of approximately $25 million to support agencies, institutions and community organizations gain access to and benefits from the science enterprise.
British Columbia has long been a leader in Canada in developing the science culture. The Province continued implementing its Partners in Science Awareness Program, which coordinates various initiatives at the individual, corporate and community levels that help develop public appreciation and understanding of science and technology through such activities as Regional Science Fairs, Scientists and Technologists in the Schools, and including direct support of technical conferences that incorporate public venues for the lay community. With changing annual themes (e.g. Inventors: The Spirit of Innovation; Technology at Work: Explore Careers; Discover the Scientist in You), promoted by distribution of 90,000 booklets in comic-book format to primary and secondary schools and event venues, British Columbia culminates its annual science culture programming by celebrating the Festival of Science and Technology, a 10-day program of events province-wide involving industry, community centres, shopping malls and in-class project activities for primary and secondary school students.
British Columbia pursued international contacts and cooperation during the latter part of the reporting period through the Science Council of British Columbia's international advisory board and memoranda of understanding with countries of the western Pacific for collaboration in science activities. The Ocean Research Network for the Pacific, focusing on the sustainability of the Pacific Ocean environment, received formal recognition within the Asia Pacific Economic Cooperation framework at the 1997 Canada APEC Summit meeting.
Science World British Columbia, the HR Macmillan Space Centre, and the Vancouver Aquarium developed the Engaging Science program to enhance the elementary school science curriculum. From the time it was developed in 1996 until 2003 more than 50 percent of the province's kindergarten to grade seven teachers have benefited from the program. Teachers are provided with access to experts at the three institutions in the areas of earth science, environmental science, life science and space science. They are provided with classroom activities and teaching resources.

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Year	Infant Morality Rate
1995	5.90
1996	4.94
1997	4.53
1998	4.03
1999	3.74