Emergency times demand emergency measures.
That is how Premier David Eby justified new legislation tabled Thursday (March 13) that gives the provincial government a "range of authorities" to quickly respond to American tariffs.
"We see this as emergency legislation," Eby said Thursday afternoon after Deputy Premier Niki Sharma had tabled the Economic Stabilization (Tariff Response) Act. "This is not everyday legislation. This is not routine legislation. This is an emergency situation where we need legislative authority."
Eby had announced last week that government would table legislation that would allow the province to respond rapidly to executive orders from U.S. President Donald Trump.
Perhaps the most sweeping aspect of the actual legislation tabled Thursday concerns the ability of cabinet headed by Eby to issue regulations through orders-in-council "addressing challenges, or anticipated challenges, to British Columbia arising from the actions of a foreign jurisdiction; supporting interprovincial cooperation in reducing trade barriers within Canada; (and) supporting the economy of British Columbia and Canada."
Other sections of the bill give cabinet specific powers to knock down interprovincial trade barriers, direct procurement of government organizations to minimize the dependence on U.S. goods and impose a system of tolls, frees and charges using B.C. infrastructure including roads, bridges, ferries and ferry terminals that fall under provincial legislation.
More broadly, the legislation includes language that gives cabinet the power to override almost every provincial law when it comes to responding to a trade-related measures.
Eby said the legislation gives B.C. the flexibility to respond to potential scenarios like the one that sees the United States cut off electricity supplies to Canada in response to Canadian measures.
"These are obviously nightmare scenarios, but unfortunately, this is a nightmare and it's going to last four years," he said.
Deputy Premier Niki Sharma, who had tabled the bill Thursday morning in the legislature, said the bill includes several guardrails. They include a sunset clause with the legislation set to expire on May 28, 2027 unless the legislature renews it.
It also prohibits cabinet to issue regulations around matters involving natural resources requiring permits or licenses and engagement with First Nations as per the Declaration on the Rights of Indigenous Peoples Act.
Eby also pointed to other measures, which he said would hold government accountable.
"It's got to come to the legislature to be ratified," he said. He added that government would also be accountable for how it uses the legislation. It includes language requiring government to table a separate report detailing its regulations twice a year with the legislature receiving formal notice of any actions after government has taken them. Cabinet must also independently report out on orders-in-council.
Eby also pointed to another safe-guard: British Columbians themselves, with Eby himself, confident that he would win their support. "The government is governing with a very slim majority," he said. "Any time members of the (legislature) could decide that this was an overreach (and) collapse the government. We would be into an election and I would stand and tell British Columbians that these authorities, this bill is to respond...to nightmare scenarios that are eminently in the realm of the possible with this president. My guess would be is that they support us being able to respond to natural disasters or to man-made disasters quickly and effectively."
Speaking with reporters after Sharma had tabled the bill and before Eby's appearance outside the legislature, Opposition Leader John Rustad raised concerns about government granting itself "sweeping powers" that go beyond emergency measures passed during the COVID-19 years.
"(What) I am concerned about is this government giving themselves a blank cheque to do anything they want, without any oversight of this legislature and without oversight and transparency to the people of British Columbia," Rustad said
He added there is no question that government needs to be able to move quickly.
"However, what I am very concerned about is this bill actually enables the government to implement tolls and road fees anywhere in the provinces, including ferries, something that, quite frankly, I find very dangerous, because it is a slippery slope."
He added that government could potentially use these powers to impose tolls on British Columbians and other Canadians.
"The other thing is, this gives the government sweeping powers to basically do anything they want with no oversight," he said. "We need to make sure that any decisions that they (government) make have the oversight of this legislature and that is something that they are taking away."
Eby later denied the possibility that B.C. would use the legislation to impose tolls on British Columbians. "We are looking at tools that minimize the impact on British Columbians and while maximizing impact on Americans, especially those Americans, who can send a message to the President," Eby said.
B.C. Greens' Interim Leader Jeremy Valeriote also raised concerns about the bill. 鈥淲e recognize the urgency of the situation, but have concerns about the broad, unchecked powers given to cabinet in the new tariff bill," he said in a statement. "Its vague wording could allow sweeping economic decisions without clear limits or transparency."
鈥� with files from Lauren Collins
