union man" Orcherton versus the "new wave" moderate Fleming which was seen as the symbolic struggle that was occurring throughout the party. Fleming won the NDP nomination in January and began campaigning in April for the general election. Fleming was one of five candidates across the province who were endorsed by the Conservation Voters of British Columbia. In the May general election Fleming defeated the incumbent BC Liberal Sheila Orr and Green Party candidate and small business owner Steve Filipovic. Fleming resigned from his position as Victoria city councillor to become a New Democratic MLA, as part of the Official Opposition. 38th Parliament In the 38th Parliament, Fleming and chaired the Select Standing Committee on Public Accounts and part way through the 2nd session he was assigned to the Select Standing Committee on Education which focused on adult literacy. He introduced several pieces of legislation, including the Payday Lending Act, 2006, which sought to license payday lenders and regulate the conditions of payday loans, including plain language rules, rights to cancellation, signage requirements. While Solicitor General John Les stated he was in favour of many of the regulations, he felt the bill was premature and that changes to the federal Criminal Code were required before proceeding with such regulations, despite other provinces already having passed similar legislation. The bill was granted first reading on May 8, 2006, but without the government support the bill was not adopted. However, a year later, a similar bill, introduced by Les, the Business Practices and Consumer Protection (Payday Loans) Amendment Act, 2007 was introduced and adopted concurrent with federal amendments to the Criminal Code. Fleming was assigned the role of critic for advanced education. He introduced the Private Post-Secondary Accountability and Student Protection Act, 2007 which was intended to increase the accountability of private career training institutions and increasing the enforcement abilities of the Degree Quality Assessment Board. He spoke out against deregulation that allowed diploma mills like Rutherford University and Kingston College which advertised to foreign students. He introduced the Restoring Credibility to Universities Act, 2008 which sought to repeal the World Trade University Canada Establishment Act and portions of the 2007 Education Statutes Amendment Act concerning private post-secondary institutions. Fleming also took on the role as the NDP tourism critic and objected to Tourism Minister Bill Bennett's decision not to participate in the National Vigil Project (a light display honouring Canadians killed