Vaughn Palmer: Proposed law would give unprecedented power to Premier David Eby in the name of fighting Trump tariffs
VICTORIA — Premier David Eby responded to the Trump tariff threat Thursday with legislation to allow the NDP cabinet to override all provincial laws, regulations, authorities and even the legislature itself.
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“In extraordinary times we need extraordinary powers,” Eby told reporters, referring to Bill 7, the Economic Stabilization (and) Tariff Response Act.
He’s right about the powers in the bill being extraordinary. In 41 years of covering B.C. governments, I’ve not seen a legislation as arbitrary and far-reaching this side of the federal War Measures Act.
It would give the NDP cabinet the power to make regulations broadly “supporting the economy of B.C. and Canada.” Which might well cover darn near anything that popped into the mind of Eby or his ministers.
It also allows for regulations supporting all manner of measures to reduce trade barriers within Canada.
Cabinet ministers can “request” regulatory authorities to amend their regulations in line with new objectives. Authorities that fail to do so within 60 days will be forced to comply.
Other provisions would allow the cabinet to backdate orders to Jan. 20 of this year, when Donald Trump took office.
And there’s an open-ended clause that would allow the cabinet to “make regulations respecting the collection or disclosure of information — including personal information — for the purposes of this act.”
The cabinet is further empowered to sign orders “addressing challenges” or, even “anticipated challenges” arising from the actions of a foreign jurisdiction.
Anticipated by whom? Eby was asked at one point. He referred the question to Attorney General Niki Sharma.
“When we designed the guardrails on the use of that power, we were looking at it in terms of anticipating when and what circumstances it would be used, in really unpredictable circumstances,” she replied. “So it gives us that scope and ability to step in in extraordinary times. We needed these extraordinary powers.”
In other words, Eby, Sharma and their colleagues will use these powers as they see fit.
As for the alleged guardrails, the legislation includes a half dozen or so override clauses.
Each addresses potential clashes between cabinet orders issued under the Act and existing “laws, regulations, authorities, directives, requirements, guidelines, programs, policies, administrative practices or any other procedure.”
Each says much the same thing. In the event of a clash, the newly drafted cabinet order will prevail over the existing law, regulation and policy.
The only limitations on cabinet’s power are regarding the legislative obligation to consult and accommodate the interests of Indigenous people, which cannot be overridden.
Nor can the cabinet waive the requirement “to obtain a licence, permit or other authorization for, or the assessment or consideration of, the environmental effects of a project relating to a natural resource.”
I was tempted to write that the new legislation will allow the NDP cabinet to “trump” most existing laws and regulations.
For in confronting Trump’s arbitrary exercise of power, Eby would give his own cabinet an unprecedented amount of legislative and regulatory leeway.
Eby and Sharma also referred to the legislation as “time limited.” Not all that much. It will be in effect until May 28, 2027, well into the third year of Eby’s four-year term.
Once the New Democrats use their legislative majority to enact the legislation this spring, they will not have to further consult the legislature until after the fact.
Eby at one point claimed that the cabinet orders, issued under the Act, will be subject to ratification by the house. But ratification is not explicitly spelled out in any provision I could see.
Nearing the end of the news conference Eby clarified this thinking around the sweeping powers that cabinet is preparing to exercise.
“The regulations need to be tabled in the legislature,” he said, which is spelled out in the text of the bill.
“The government is governing with a very slim majority,” he continued. “At any time, members of the legislative assembly could decide that this was overreach.”
If the house were to actually vote down a regulation or condemn the New Democrats for going too far, “then the government would be into an election,” said Eby.
“I would stand and tell British Columbians that these authorities, this bill, is to do exactly what I’m telling them today,” the premier continued.
“It is to respond to nightmare scenarios that are eminently in the realm of the possible with this president. My guess would be that they support us being able to respond to natural disasters or to man-made disasters quickly and effectively and to ensure we have the authorities to do so. If we can anticipate a disaster coming, we darn well better be prepared for it.
“And that’s what we’re doing with this legislation,” he said, framing Bill 7 as a stage setter for a future election, just six months after the last one.
With that, Eby pretty much gave his game away.
Up to now, he’s been measured in his response to the Trump tariffs. But he’s also begun musing about an opening for an early election.
Not right away, but before this week’s power grab expires two years from now.