NDP power-grab law is the most far-reaching since the War Measures Act​on March 13, 2025 at 11:48 pm

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.

“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.”