January 14, 2021

Via email: Premier@gov.bc.ca

The Honourable John Horgan

Premier
Province of British Columbia
PO Box 9041 Stn Prov Govt
Victoria BC V8W 9E1

Dear Premier,

Re: Transparency and Accountability in the Operations of the Legislature

As you know, 26 months ago the Clerk and Sergeant-at-Arms of the Legislative Assembly were
suspended from their positions. What followed was an extensive public discussion about accountability
and transparency in the operation of the Legislative Assembly. Some steps have been taken to date by
the Legislative Assembly Management Committee and by the new Clerk which have brought much-
needed improvements. However more needs to be done.

In February, 2019 we wrote to the Speaker and House Leaders with our recommendations to modernize
the administrative operations of the Legislative Assembly. Our letter is attached. Specifically, we
recommended three improvements to oversight of the legislature:

 Expand transparency by applying the Freedom of Information and Protection of Privacy Act;
 Give employees protections to disclose wrongdoing under the Public Interest Disclosure Act and
be protected from reprisal for doing so; and
 Expressly apply the merit principle to staff appointments and Merit Commissioner oversight to
such appointments as well as to just cause dismissals.

All three changes would apply laws that provide oversight for the operations of ministries comprised of
over 30,000 public servants to the few hundred who work at the Legislative Assembly. By doing so it
would serve to end the perception of special treatment that surrounds the operation of the legislature.
As we pointed out in the attached letter, the application of these laws can be done in a manner that
does not interfere with the unique institutional and constitutional status of the Legislative Assembly.

It was likely in recognition of the practical common-sense nature of our February 2019 suggestion that,
at that time, the Government House Leader unequivocally and publicly indicated that our suggested
changes would be made. He reinforced that position when we met with him in January 2020. Of course,
the pandemic intervened and not surprisingly the anticipated changes have not yet been made.

Since the events of November 2018, it is reported that a number of improvements to administration of
the Legislative Assembly have been made or are underway. That is good news, but improved internal
administration is not a reason to not proceed with establishing independent oversight. Ministries are
subject to oversight not because they are poorly operated. Rather they are subject to independent
oversight to provide public assurance that they are well managed and to provide a safety valve in the
event a problem does arise. It is in no way a reflection on current management to apply these oversight
laws to the operation of the Legislative Assembly.

Each of these three changes involves one of our offices. Statutory amendments to our jurisdiction
typically result in confidential consultations with us. Individually and collectively we are ready, willing
and able to provide whatever assistance is required in order to ready legislation for introduction.

The events of November 2018 shook public confidence in the Legislative Assembly and in those charged
with the responsibility of managing it. We have been encouraged by the positive reception by all
concerned to our suggestions. However, it is now time for these changes to be made real. Your new
electoral mandate provides an excellent opportunity to reinforce the commitment to modernize
accountability and transparency of this key democratic institution. With the recent election of your
government, our view that you have an opportunity to signal in the Throne Speech that these needed
reforms to the administrative operations of the Legislative Assembly will be made.

We would be pleased to discuss this further with you or your staff or the applicable minister.

Michael McEvoy Maureen Baird Jay Chalke

Information and Privacy Merit Commissioner Ombudsperson
Commissioner

Attachment: February 4, 2019 letter to the Legislative Assembly Management Committee

cc: The Honourable Mike Farnworth, Solicitor General and Government House Leader
Lori Wanamaker, Deputy Minister, Office of the Premier
Kate Ryan- Lloyd, Clerk of the Legislative Assembly