Obituary: Harmonized Sales Tax of British Columbia

HARMONIZED SALES TAX OF BRITISH COLUMBIA (born: July 1, 2010-died: March 31, 2013): The Harmonized Sales Tax died peacefully across the Province of British Columbia at the end of March 31, 2013.

HST, as it was better known, was a long-term resident of a public policy hospice since the loss of a province-wide, mail-in referendum on Aug. 26, 2011 left it immobilized. The events of Aug. 26, 2011 also bruised the collective ego of the ruling B.C. Liberal Party, which will be long remembered for helping prolong HST's life to the detriment of its popularity.  

The victim of death-by-democracy was originally announced July 23, 2009 by Premier Gordon Campbell and Finance Minister Colin Hansen, who jointly claimed the tax reform measure would boost investment and job creation. It would be the “single-biggest” thing to improve B.C.’s economy, they said -- but they said it just 10 weeks after winning a provincial election in which their campaign pledged not to harmonize.

The HST Stickman, in happier days.

The value-added tax was a multi-stage merger of the 1948-established, 7% Provincial Sales Tax (also known as the social services tax) and 5% federal Goods and Services Tax. 
Born July 1, 2010, HST was never widely welcomed nor respected by the majority of citizens. 

HST increased the prices of airline tickets within Canada, funeral services, real estate fees, health club memberships, dry cleaning, haircuts, tickets for movies, concerts and sporting events, plumbing repairs, and professional services. 

Besides the 2010 Winter Olympics, the revenue HST brought in helped pay for the $514 million renovation of B.C. Place Stadium, the $17 million B.C. Jobs Plan advertising campaign, the $11 million-plus Times of India Film Awards, the Premier's Office's $475,000 credit card bill, her $201,000-plus charter flights to news conferences and programs such as the B.C. Liberals' Multicultural Outreach Strategy and the Pacific Carbon Trust's purchase of carbon offsets -- which the Auditor General called a waste of taxpayers' money. 

The film industry and manufacturers loved it, because they said it simplified paperwork and reduced the cost of doing business. The Liberal-allied Smart Tax Alliance was its biggest booster. But real estate agents, restaurateurs and publicans (among many) hated it. The HST (coupled with a more powerful Canadian dollar) stimulated a newfound passion for cross-border shopping. It plunged Gordon Campbell’s approval rating fell to 9% and he resigned Nov. 3, 2010. 

HST was the product of the stubborn realization by Campbell that British Columbia’s deficit was understated during the 2009 provincial election and the financial risks of hosting the 2010 Winter Olympics were far greater than anticipated. While insisting the idea was hatched after the election, documents released via Freedom of Information proved B.C. officials were talking with federal counterparts early in 2009. Hansen was even briefed about the HST in March 2009.

The Fight HST campaign led by ex-Social Credit Premier Bill Vander Zalm and organized by NDP strategist Bill Tieleman successfully pointed out that the HST was a shift of the tax burden from business to individuals. Their pivotal Sept. 19, 2009 rally on the site of the future Olympic cauldron at Jack Poole Plaza led to a petition that met the threshold of 10% of registered voters across the province. The 700,000-plus signature petition was delivered to Elections B.C. in June 2010 and it withstood an August 2010 B.C. Supreme Court legal challenge in  brought by six Liberal-allied business groups. 

After Christy Clark won the B.C. Liberal leadership in February 2011 and came to power as Campbell’s successor, she dangled a carrot at voters, hoping they'd agree to vote to keep the HST in exchange for her pledge to cut the tax by 2% in 2014. The province’s $5 million stickman ad campaign that was supposed to be informative, not persuasive. Advertising, by its very nature, is persuasive. For the HST, however, not enough people were persuaded to support the HST. 

The referendum received 1,610,125 votes, of which 881,198 (54.73%) were against the HST. It was hailed as a triumph for democracy by the Canadian Taxpayers' Federation, despite the confusing wording of the referendum question (yes meant no). The result forced Clark to cancel her planned early election call for fall 2011. At the time, Clark was more popular than her party and could have won an election. Now, polls say 62% of British Columbians want a new government.

On April 1, 2013, the HST was finally replaced by the resurrected PST -- which had been called “better-stupid” by ex-Finance Minister Kevin Falcon -- and the returned GST.

The HST is survived by Gordon Campbell, Colin Hansen, Christy Clark, Kevin Falcon and his successor Mike de Jong, along with Prime Minister Stephen Harper. Harper played a special role, by enticing B.C. to sign up for the HST with a $1.6 billion lump sum transition payment to help pay the cost of the Olympics. 

Campbell won three terms as B.C. Premier, but failed to finish his last one. He is now Canada’s High Commissioner to the United Kingdom and Northern Ireland, thanks to an appointment from Harper. Hansen is a retiring Vancouver-Quilchena MLA who remains on Treasury Board and the Planning and Priorities Committee. 

No memorial service will be held, but the HST will no doubt be remembered when British Columbians vote in the May 14 provincial election. 

Donations and sympathy cards, in lieu of flowers, can be sent to the Christy Clark fund, ℅ Today's B.C. Liberals. 

#LiquorLeaks - still pouring

Coleman

In this Nov. 2 Business in Vancouver story, I revealed how the British Columbia government conducted secret consultations with select industry players about the plan to privatize the Liquor Distribution Branch's warehousing and distribution.

The internal documents on which the story is based are below. They are from briefings for Liquor Minister Rich Coleman and then-Finance Minister Kevin Falcon. They show that the government was concerned with the well-being of ContainerWorld, the largest of the pre-distribution warehouses on contract with LDB. ContainerWorld is owned by B.C. Liberal supporter Dennis Chrismas, who met with Coleman on March 2.

Falcon

Chrismas was originally opposed to any change in the liquor distribution system. When bidding opened, ContainerWorld was involved because the privatization would have phased out the pre-distribution program. In this May 29 Business in Vancouver story, I detailed the interesting relationship between ContainerWorld and Exel, the company that lobbied the B.C. Liberals heavily for seven years to privatize. From an observer's point of view, two of the four shortlisted companies may have been too close for comfort.

On page 89 of the documents below, you'll even find that an unidentified person scrawled "Dennis Chrismas." Either Mr. Chrismas's name came up during the ministerial briefing or it was top-of-mind for one of the participants.

The privatization was scrapped Sept. 27 when the government and B.C. Government and Service Employees' Union agreed on a new contract. The premature cancellation was announced the next day. And we still don't know the real reason why.

EGM-2012-00187

"Stee-rike" 1 at Liquor Distribution Branch

The British Columbia Government and Service Employees' Union is rightfully on the warpath during its 70th anniversary year.

After six months of negotiations with the B.C. government, the gloves are coming off and it could be a long, hot summer. The BCGEU wants a 3.5% increase for its 29,000 members across government for the first year of a new contract and a cost of living increase in the second. The government has offered only 3.5% over two years and Finance minister Kevin Falcon has drawn a line in the sand.

"The world economy is actually getting worse, it's not getting better," Falcon told CKNW on June 29. "I think the unionized workers really need to understand that our offer will come off the table, and I'd sure like to see them return to the table before that offer's removed for good. It is not going to get any better."

The first salvo fired by the BCGEU is to strike at three important Liquor Distribution Branch locations. The Vancouver headquarters, which includes offices, the main warehouse and the flagship store, will be behind pickets from 11:30 p.m. July 2 to 11:30 p.m. July 3. Similar strikes are scheduled for July 3 at the LDB's Kamloops warehouse (5:30 p.m. to 10:30 p.m.) and Victoria wholesale customer centre (6 a.m. to 5 p.m.). The disruptions are bound to cause a hiccup in the supply chain and the government will feel a pinch. But it will not be anything like the 1970s and 1980s when a summertime strike at government liquor stores in B.C. created chaos.

This is an intriguing strategic move. LDB is one of the province's biggest, most profitable retailers and the 3,500 BCGEU members who work in it are important collectors of provincial tax revenue. During the 2010-2011 fiscal year, LDB delivered an $890.4 million profit to government on $2.82 billion gross sales.

The government is amid a controversial program to privatize LDB's warehousing and distribution -- without a business plan and without formal industry consultation but with evidence that such a move is being done primarily to benefit BC Liberal party insiders. Evidence is contained in Exel Logistics' "Project Last Spike" internal memo from Oct. 6, 2009 that even suggests the BCGEU was an ally in its privatization push. UPDATE JULY 3: Exel and ContainerWorld are among the six companies that submitted bids by the June 29 deadline. The others were Hillebrand Westlink, Kuehne + Nagel, Metro Supply Chain Group and Schenker of Canada. A shortlist of as many as three companies is expected by July 20. On April 30, liquor minister Rich Coleman said the shortlist could be as small as one company. Companies related to Exel, Schenker and K+N were found to be involved in a price-fixing conspiracy and disciplined by the European Commission. Additionally, Exel has an intriguing connection with ContainerWorld, the biggest existing liquor warehouse in B.C.

BCGEU is now publicly opposing the privatization, after signing a March 21 memorandum of agreement for post-privatization job protection and early retirements. The June 29 news release announcing the three strikes said another reason to picket the LDB work sites is "to back our proposal for Sunday liquor store openings province-wide to generate more than $100 million in annual revenue."

That's odd. BCGEU president Darryl Walker (right) told me in a May 3 interview that the proposal was dead. Killed, in fact, by the government in negotiations leading to the March 21 agreement. The Sunday openings proposal was considered a deal breaker by the government, Walker said. Below is an excerpt from my interview with Walker.

Mackin: If BCGEU is opposed to the privatization of this asset, then why would it have made the deal, made the memorandum of agreement to get the job protection for the workers, for the members? Wouldn't it be better if the BCGEU went out on principle and said 'no, we're not going to agree to this, we're going to, on principle, oppose this entirely' and rip up the MOA? 

Walker: "Part of the reason that we sat down with the government and put the MOA together is to protect our members, and that is our primary responsibility as you probably know under our certificates with the Labour Relations Board. We're held highly accountable for the rights of our members and when you see an opportunity to protect the members, the first piece is to get that done. That's why we sat down and worked with the government.  

"You might also know that of course we had a proposal on the table to open stores on Sundays, thereby increasing revenues by, well, as much as $120 million to $140 million to $150 million annually. We were told by the employer that if we didn't take that off the table we would be unable to provide or get the protection in the MOA for our members. So we were in a position first off to protect our members and that's what we knew we needed to do.  

"Once that was done and we had those in place we then understood we were able to do the second piece, which is to oppose this on principle. Principle is one thing, quite frankly British Columbia needs revenues now and we need to be able to say to B.C. that we can show the government methods of providing and enhancing those revenues. We needed to be able to do that but we needed to be able to protect our members first. That was our primary responsibility. We saw it as a bit of a two-step, and we realized that one had to go first if we were to protect our members."

There may be reasons to limit Sunday openings. Chief medical officer Dr. Perry Kendall reported in 2008 that a government monopoly on the retail of alcohol and restrictions on hours and days of sale are among the 10 "best practices policies for managing the health and social harms of alcohol." Kendall told me the government did not consult him on the potential health or social implications of the privatization of LDB warehousing and distribution.

There are also 1,400 liquor retail outlets in B.C., of which only 197 are government-owned. The majority are licensee retail stores (672) and rural agency stores (221) owned and operated privately by companies that were granted Sunday opening privileges by the Liquor Control and Licensing Branch and their host municipalities. The licensee retail stores would obviously not be amused if they had to suddenly compete with the government for customers. (They are represented by the Alliance of Beverage Licensees of B.C., which opposes the privatization.)

There is no evidence, however, that government has recently studied any of the commercial or health implications of anything to do with the wildly lucrative and socially risky business of booze. If it has any, the government doesn't want to share any business plans or cost-benefit analyses with you or me.

I have made numerous requests to interview Coleman. He has not sat down for an interview with me.

Exclusive: Tell us, why Brown petered out of PavCo?

The mystery continues over why Peter Brown suddenly resigned from the B.C. Pavilion Corporation board of directors on Feb. 13.


All signs point to the Howe Street wheeler-dealer being frustrated over B.C. Liberal cabinet members overturning the PavCo recommendation for Telus to be the 20-year, $35 million to $40 million naming rights sponsor of B.C. Place Stadium. But the government wants to sweep it under the rug.


Brown's departure didn't become public knowledge until March 9, a week after Premier Christy Clark was a no-show at a Telus news conference where NDP leader Adrian Dix mugged for photos with the Vancouver-based, Liberal-friendly telecommunications giant's boss Darren Entwistle. 


The Liberals promised that some of the costs of the $563 million, taxpayer-funded renovation would be  paid by sponsorship. When they went into damage control mode, Clark, Finance minister Kevin Falcon and PavCo minister Pat Bell laughably said the deal was not in the best interest of taxpayers and claimed the B.C. Place name was "iconic." Such feeble excuses.


I received, via Freedom of Information, a copy of correspondence between Brown and Falcon, including Brown's Feb. 13 letter of immediate resignation from PavCo.


A key paragraph was censored, under section 13 of the FOI act, which broadly covers "advice or recommendations" for a public body. 


The missing section comes after a line that says: "In almost every case, the government dealt with us and third parties professionally, respectfully and in good faith." It appears Brown was setting up a paragraph in which he was going to give the government a piece of his mind. 


Evidently, the Liberal government is embarrassed to show you and me why one of the party's biggest donors and one of the province's best-known businessmen skedaddled from the Crown corporation.


The official explanation from Brown and Podmore after the news broke in March was that Brown wanted to lessen his busy schedule and that PavCo was transitioning from a construction phase to a marketing phase. Podmore has been in no apparent rush to fill Brown's empty spot at the board table. Nor is he in any rush to tell taxpayers the final price tag for the most-expensive stadium renovation in Canadian history.

Brown's letter was an immediate notice of resignation and, based on the tone of the third paragraph, it indicates that Brown had more on his mind than a desire to lessen his schedule or assist PavCo in evolving from construction to marketing functions. Within the documents below, you might also notice how Brown mentioned he was going to visit the High Commissioner in London? That would be a certain Gordon Campbell, the former Premier of B.C. who appointed Brown to the PavCo board. 


Neither Brown nor Podmore responded to my requests for comment. When will the government come clean, and just tell us the truth?


(The B.C. Lions' season opener at B.C. Place on June 29 against the Winnipeg Blue Bombers. The rematch of the 2011 Grey Cup is sponsored by Telus. Could that be the night the consolation prize, the exclusive telecommunications supply deal for Telus, is announced?)
PeterBrownFOI Mackin