Canada | Rights & Freedoms
The Debate Over BC’s Tariff Response Bill: What You Need to Know
4 hours ago
Originally posted by: The Epoch Times
British Columbia’s NDP government last week proposed legislation that would empower Premier David Eby and his cabinet to operate outside the framework of the elected legislature.
The government says the legislation is needed to deal with the extraordinary U.S. tariff situation, while B.C.’s Official Opposition and a civil liberties group say it amounts to undemocratic overreach and stifles the legislative branch.
Eby has described the Economic Stabilization (Tariff Response) Act, also known as Bill 7, as a way to give the government temporary emergency powers to respond to future tariff measures announced by U.S. President Donald Trump.
Trump has already announced 25 percent tariffs on imports from Canada that do not fall under the free trade deal established between the United States, Canada, and Mexico, and a 10 percent tariff on energy. The president has also slapped a 25 percent tariff on foreign steel and aluminum imports, including on those from Canada, and tariffs on Canadian lumber are also in his sights. More tariffs will also come into force next month when U.S. officials review existing trade agreements.
During a recent press conference, B.C. Attorney General Niki Sharma described the legislation as a temporary way to “respond quickly to emerging developments” from the United States, adding that the powers given to the government will “sunset no later than mid-2027.”
Critics of the bill say the legislation would give the government unprecedented power. The Opposition Conservatives have spoken out against the bill, and leader John Rustad has described the legislation as “authoritarian” and “radical.”
Here’s a look at what Bill 7 will entail and how it can be used by the B.C. government.
Bill 7 Overview
The government says the Economic Stabilization (Tariff Response) Act would provide cabinet with “a strong set of targeted tools” to respond to Trump’s tariffs and mitigate adverse effects on the residents of British Columbia and Canada.
If passed in the legislature, Bill 7 would enable cabinet to temporarily modify the application or effect of B.C. laws and regulations to “defend B.C. from challenges brought on by the continued tariff and sovereignty threats,” the government said.
“The legislation includes broad, time-limited response powers authorizing cabinet to modify the application or effect of enactments,” the bill states. “This could be for the purpose of addressing challenges or anticipated challenges to the province arising from the actions of a foreign jurisdiction, as well as supporting interprovincial trade and the economy of B.C.”
It would also enable the government to remove or amend barriers that impede interprovincial trade, impose tolls on U.S. commercial traffic to Alaska, and direct public-sector bodies to boycott U.S. suppliers as much as possible when procuring goods and services.
Eby has described the bill as a necessary tool to help his government respond quickly to any economic threats coming from the United States.
“Living beside the Americans is like sleeping beside an elephant. It’s a big, powerful country and every twitch affects us, and right now the beast is coming at us full speed,” he said at the March 13 press conference.
“In that context, the legislation … gives us the tools to respond in real time to executive orders that target Canada, that target British Columbia.”
Sharma said while the bill allows the government to act quickly, it does not give it unchecked power.
“There are guardrails in place,” she said. “The tools in the legislation are about setting us up to respond quickly and will not have to be used, unless the U.S. forces our hand to use them.”
If passed, the majority of Bill 7 will take effect as soon as it receives royal assent.
The legislation can also be used to respond to tariff threats from China, Eby said.
China recently hit Canada with 100 percent retaliatory tariffs on canola oil, canola meal, and other agricultural products in response to Canada placing 100 percent levies on electric vehicles from China.
The country has also introduced a 25 percent tax on Canadian seafood and pork items.
Opposition to Bill 7
The B.C. Conservatives have accused Eby of using the ever-evolving tariff war with the United States as an excuse to seek “unlimited power” over the provincial legislature, and described the bill in a recent social media post as “an assault on our democracy.”
The party has put together a petition that it is asking B.C. residents to sign to convince the premier to withdraw the proposed legislation.
Leader John Rustad said the bill is a “huge overreach” by the governing NDP.
“It gives them unbelievable sweeping power and authority, and powers without any oversight,” he said in a March 14 video posted to social media. “It gives them the ability to respond to even what they think might happen as opposed to what is actually happening.”
“This is the ‘Eby-enabling act,’ it lets the NDP do whatever they want with zero legislative oversight, zero opposition, and zero consultation with everyday British Columbians,” Rustad said. “It’s undemocratic, it’s excessive, and it’s just plain wrong.”
The B.C. Greens have said they will push for amendments to the legislation, although Green Party interim-leader Jeremy Valeriote told reporters last week that the changes they will ask for have yet to be decided.
“If they want to be able to get this through, they should be amenable to amendments,” Valeriote said.
The Canadian Constitution Foundation (CCF) is also speaking out against the bill, saying parts of it circumvent the constitutional tenets of democracy, accountable governance, and the rule of law.
CCF counsel Josh Dehaas said in a letter to the government that Part 4 of the bill contains a “breathtakingly broad Henry VIII clause,” which empowers cabinet to modify nearly any law without the need for legislative discussion or voting.
“This bill appears to be an attempt to use the threat of economic crisis to justify a cynical power grab,” Dehaas said. “While the CCF is sympathetic to the challenges presented by the U.S.-Canada trade dispute, this is not an excuse to disregard the checks and balances fundamental to our democracy.”
When asked by reporters about the concerns, Eby said that Bill 7 mandates that all government actions must be “ratified” by the legislature; however, the legislation specifies that “regular reports” are to be submitted to the legislative assembly.
He also pointed to the two-year term for the bill, saying the legislation was an “emergency measure” rather than a permanent one.
“This is not routine legislation. This is in an emergency situation where we need legislative authority,” he told reporters.
