World War One) due to costs and, in response to funding cuts to Tourism BC, he criticized government self-promotional advertising. 39th Parliament While his riding was re-aligned to create Victoria-Swan Lake, Fleming easily won re-election facing no opposition for the NDP nomination and receiving 61% of the votes in the May 2009 general election. In the 39th Parliament, his party once again formed the Official Opposition to a BC Liberal majority government. Party leader Carole James assigned him the role of environment critic with the intent of re-casting the party's image on environmental issues following the party's negatively received campaign plank of repealing the carbon tax. Fleming, and the party, stopped calling for a repeal of the carbon tax and instead emphasized a more nuanced position in providing alternatives which would improve the tax. He linked planned increases in transit fares to global warming and spoke out against fee increases at provincial park campsites. In November 2009, and again in April 2010, he introduced the Cosmetic Pesticide and Carcinogen Control Act (Bill M-203) which would have prohibited the sale or use of cosmetic pesticides, other than those deemed low-risk. The Special Committee on Cosmetic Pesticides was struck, with Fleming as deputy chair, to investigate the potential for regulating or banning the use or sale of pesticides used for cosmetic purposes. They first convened in July 2011 and reported in 2012. In the August 2009 Throne Speech the BC government committed to striking a task force on the topic of species-at-risk, but with no action since then, Fleming introduced his own Species at Risk Protection Act (Bill M-207) in May 2010, based on similar legislation in Ontario. The Minister of Environment Barry Penner responded in June by striking a ten member species-at-risk task force consisting of academics and representatives of industry and non-profit organizations, who were told to make recommendations to directly cabinet. The task force report was submitted in January 2011 but, with the government not making the report public, Fleming re-introduced his legislation (Bill M-211) in June 2011 (the report was made public less than a month later). In addition, Fleming participated in two committees. In the first two sessions he was deputy chair of the Select Standing Committee on Parliamentary Reform, Ethical Conduct, Standing Orders and Private Bills, which met once in each session to review private bills. He was member of the Select Standing Committee on Legislative