Initiatives, the committee that only met twice, both times in September 2010, to deal with a petition seeking the repeal of the Harmonized Sales Tax; Fleming and the three other New Democratic Party members voted to recommend introducing the draft HST Extinguishment Act into the Legislative Assembly, while the five BC Liberal members voted to initiate the 2011 British Columbia sales tax referendum. During the BC NDP leadership election to replace Carole James, Fleming supported Mike Farnworth, though Adrian Dix eventually won. Dix kept Fleming as the critic for Environment. When Parliament re-convened for a fourth session Fleming introduced another private member bill, the Sustainable Development Indicators and Reporting Act, 2011 (Bill M-207) which sought to create a Sustainable Development Board to measure and report on indicators of BC's economic, environmental and social sustainability. 40th Parliament With the May 2013 election approaching, the 41-year-old Fleming sought re-election in the Victoria-Swan Lake riding. He defeated the BC Liberal candidate, small-business owner Christina Bates, and the BC Green candidate Spencer Malthouse. Despite his win and favourable polling, Fleming's party lost the general election and again formed the official opposition. Fleming was critical of party leader Adrian Dix's positive-only campaigning during the election, partly blamed for the upset loss, saying that it allowed their opponents to define who they were and then attack that without response. Dix appointed Fleming to the role of education critic, moving his previous role of environment critic to Spencer Chandra Herbert. Upon Dix's resignation as leader of the BC NDP, Fleming was considered as a potential candidate and actively considered seeking the role. However, after both John Horgan and Mike Farnworth announced their intention to run, Fleming decided he would not; he later endorsed Horgan's candidacy. Horgan went on to become the leader and kept Fleming in his education critic role. In December 2015, Fleming fired his constituency assistant who was subsequently arrested, in July 2016, for defrauding the Victoria-Swan Lake constituency office of $120,420 since March 2009. Fleming sponsored the private member bill Youth Voter Registration Act, 2015 (Bill M-205) which sought allow provisional voter registration of people between the ages or 16 and 18, one of the recommendations of a 2011 report by the Chief Electoral Officer. The bill was not advanced and he re-introduced it in February 2017 as the Election (Increasing Youth Participation) Amendment Act, 2017 (Bill M-218). The measure was eventually adopted during