VICTORIA — Premier David Eby has pulled back on the most contentious part of Bill 7, two weeks after insisting its sweeping powers were essential to countering the threat of tariffs from the U.S. Read More
Vaughn Palmer: The most contentious chunk of Bill 7, designed to react to U.S. tariffs, has been dropped but the bill still faces challenges
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Vaughn Palmer: The most contentious chunk of Bill 7, designed to react to U.S. tariffs, has been dropped but the bill still faces challenges

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VICTORIA — Premier David Eby has pulled back on the most contentious part of Bill 7, two weeks after insisting its sweeping powers were essential to countering the threat of tariffs from the U.S.
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“I didn’t get the balance right,” Eby, the former head of the B.C. Civil Liberties Association, told reporters on Friday.
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“My interest in being able to move quickly to respond to the threat that British Columbia is facing got the better of, certainly, my understanding that the safeguards that people are calling for need to be there as well.”
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The government will remove the fourth or “emergency powers” section of the Economic Stabilization (Tariff Response) Act, introduced in the legislature on March 13. That section would have given the NDP cabinet open-ended power to issue orders, with a stroke of a pen, “supporting the economy of B.C. and Canada.”
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The section would have also allowed New Democrats wide powers to “address challenges or anticipated challenges to B.C. arising from the actions of a foreign jurisdiction.”
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The section included an override clause, stating that in the event of a conflict, the new orders issued under Bill 7 would prevail over existing provincial laws and regulations.
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The only exceptions were that the clause could not be used to override the provincial environmental assessment process or requirements to consult First Nations on resource developments.
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The surviving parts of Bill 7 empower the cabinet to issue orders to reduce interprovincial trade barriers, remove U.S. suppliers from government procurement contracts and impose tolls, fees and charges on trucks and other transportation moving through B.C.
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Some override clauses remain, though none are as sweeping as the one in the now on-the-shelf Section 4.
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However, Eby signalled his intention to reintroduce Section 4 as separate legislation at a later date.
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“We do need this authority. We do need the ability to respond quickly, and we’ll work with those key stakeholders that we committed to work with at the beginning of this process to get it right and ensure that they’re comfortable with these provisions,” he said.
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“If there’s a chance for us to retool this and ensure that the safeguards are in place to make people feel comfortable that there’s democratic and legislative oversight of these incredibly important provisions, then we will do so.”
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Eby doubts that the government can complete the necessary consultations and produce a satisfactory redraft of Section 4 before the legislature adjourns at the end of May.
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More likely the revision would be ready for the fall session, starting Oct. 6. When a reporter pointed out the apparent contradiction between the five-month delay and Eby’s insistence that the need was “urgent,” the premier struggled to make a consistent reply.
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“We need this urgently, but I also recognize my own vulnerability to want to move very quickly to protect B.C. families and our economy with the need to balance the legitimate concerns that have been raised by stakeholders.”
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Eby declined to name who’d influenced him to back off on Bill 7 — with one exception. He did acknowledge Geoff Plant, who was attorney general in the last B.C. Liberal government.
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Plant delivered a withering blast against the Eby government’s legislative overreach in an interview this week with Fran Yanor of the Northern Beat online news service.
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The premier made a display of contrition on Friday, saying “as much as I would like to be perfect, I am not.”
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But he balked at acknowledging the misleading aspect of his own comments about a key aspect of the legislation.
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In a March 13 news conference, the premier said three times that any cabinet orders issued under Bill 7 would also have to be “ratified by the legislature.”
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There is no specific ratification clause in the bill. Asked to account for the lapse, Eby took refuge in a provision that any orders issued under Bill 7 would expire automatically in two years.
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And how does that amount to a ratification clause? Well, explained Eby, if the cabinet wanted to extend the orders, then it would need to get the consent of the legislature.
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It was another reminder that when it comes to telling it like it is, David Eby is no John Horgan.
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Shortly after Eby spoke Friday, the B.C. Greens announced they still have significant reservations about Bill 7.
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“In the past two weeks the B.C. Greens fought to strengthen democratic safeguards in Bill 7, ensuring that transparency, accountability, and proper checks and balances are in place,” said Green MLA Rob Botterell.
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“This is in addition to Green amendments underway such as shortening the sunset clause to one year, removal of the exemptions regime, and narrowing of delegation powers. We expect to see these amendments, amongst others, included before we can determine whether or not we will support this bill.”
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On that basis alone — and the B.C. Conservatives restated their opposition as well — the legislation still faces a rough ride.
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Deservedly so.
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The premier’s initial overreach, combined with his determination to try again with the offending section four, provides no basis for giving him the benefit of the doubt on Bill 7.
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