Necessary tool or 'power grab'? B.C. NDP seeks to give itself new powers to fight U.S. threats

CBC

20-03-2025

British Columbia's Green Party says the NDP government needs to explain why its proposal for broad-reaching emergency cabinet powers is needed before its two members can support the legislation.
The NDP has a one-seat majority in the legislature and could pass the bill without Green assistance, but the two parties last week signed a confidence agreement that includes an NDP "commitment" to consult the Greens" with respect to the shared initiatives as listed in this agreement in relation to the United States Tariffs and Trade Actions."
Interim Green Leader Jeremy Valeriote said in a statement that while he understands the "urgency of the situation" given the ongoing trade strife with the United States, the proposed Bill 7 in its current form has "vague wording" and "could allow for sweeping economic decisions without clear limits or transparency."
"There's no need for secrecy," Valeriote said. "Decisions should be made openly, not behind closed doors, and the legislature should receive regular reporting on what decisions are being made."
Sweeping powers
The bill was tabled last week and would give B.C.'s cabinet sweeping powers to make regulations that address challenges or anticipated challenges from the actions of a foreign jurisdiction or for a purpose "supporting the economy of British Columbia and Canada" without requiring a debate in the legislature.
Premier David Eby said the bill — which contains a sunset clause that repeals it by May 28, 2027, at the latest — is needed to respond to what he called the "human-caused disaster" of tariffs and other threats from U.S. President Donald Trump.
WATCH | Canadian Centre for Policy Alternatives calls new bill 'political theatre':
What is B.C.'s Economic Stabilization Tariff Response Act?
2 days ago
Duration 6:59
Marc Lee, a senior economist with the Canadian Centre for Policy Alternatives, talks about the Economic Stabilization Tariff Response Act, which, if passed, would allow the government to respond without having to go through the legislature for debate. B.C. Premier David Eby has said the response is necessary to protect jobs and businesses amid tariff threats. However, opposition parties are not convinced.
Attorney General Niki Sharma said Thursday that she takes "all concerns" with the legislation seriously, but defended the bill's intent.
"It's a very unprecedented time that we're in, and we need to make sure that we have [the] ability to respond rapidly in a temporary way to protect our economy and make sure that the guardrails are strong enough," she said. "I'm always open to discussions about how we do that."
She said the legislation is temporary but needed in response to an "emergency" brought on by an American government seemingly unconstrained by treaty obligations or Congress.
Valeriote said the Greens would "closely scrutinize this bill," and the party expected to "propose substantive amendments to ensure transparency, accountability, and fair economic outcomes."
"We'll be pushing for more clarity in committee discussions and expect ministers to explain why they need these powers and what they plan to do with them," he said.
NDP defends legislation. Conservatives call it 'power grab'
Eby has said the legislation would give the province the capability to be "nimble" in response to constantly changing tariffs and threats coming from the Trump White House.
"In the face of escalating attacks on our sovereignty that have included threatening to erase the Canada-U. S. border and taking our water, we are not backing down," Eby said in a statement when the bill was introduced last week.
"We are arming ourselves with the tools we need to respond swiftly, break down trade barriers within Canada and strengthen our economy."
The Opposition B.C. Conservative Party has been vocal in its objections to the legislation, with members taking to calling it "autocratic" and "undemocratic."
Transportation critic and Langley-Abbotsford legislative member Harman Bhangu said his office had been "flooded" with emails and phone calls from constituents expressing concern about the cabinet powers the legislation would grant.
"This is really scary," Bhangu said. "It's a blatant power grab, and it should really, really concern a lot of people because this could really undermine local municipalities [and] a lot of other provincial jurisdictions, where it gives them the sweeping power to come in and do whatever they want."
Bhangu said he was surprised that the Greens did not reject the legislation outright.
"I think their base should be very upset," he said.
Bill is a 'very big target': prof
The bill has received mixed reviews from analysts, as well. Marc Lee of the Canadian Centre for Policy Alternatives characterized it as "political theatre," noting that with its majority, the B.C. NDP already has the power to pass legislation it feels is necessary without the support of other parties.
"It doesn't fundamentally change the already high concentration of power that we see in the B.C. government," he said.
Hamish Telford, an assistant professor of political science at the University of the Fraser Valley, said he understood the concerns of potential overreach but said the proposed legislation seemed to have reasonable safeguards built in.
"We're in unprecedented times," he said. "It doesn't seem to me to be out of line to have legislation that gives our executive the nimbleness to respond more quickly to the actions the president of the United States may take against us."
But Royal Roads University associate Prof. David Black said that given the narrowness of the New Democrats' victory in last fall's provincial election, the new legislation "asks too much of the public," even at a time when people are willing to give governments more leeway to address the threats from the United States.
"I think the NDP is … putting at risk what political capital they have and the extra amounts of that the public might well give to government because we are in these difficult times."
Black also said the issue of government overreach gave the Conservatives a "very big target" to rally around.
He said the issue will be a test for the Greens in light of the confidence agreement with the NDP.
"It was not what the Greens signed on for," Black said of Bill 7. "And I think it'll be an interesting test of the kind of influences this caucus of two has over their senior partner with respect to what, if any, significant amendments we see."