New legislation helps fight US tariffs (flickr.com)

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Backgrounders

New legislation helps fight U.S. tariffs

The economic stabilization (tariff response) act is tailored to the specific needs of B.C. and provides government with the tools and flexibility it needs to respond to the rapidly evolving threats from U.S. President Donald J. Trump.

The legislation allows government to:

​1. 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 legislation includes broad, time-limited response powers authorizing cabinet to modify the application or effect of enactments.
  • 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.​​​

2. Reduce or eliminate barriers to interprovincial trade

  • The legislation creates time-limited authority for cabinet to act quickly to reduce these barriers and create the space to develop longer-term or more permanent solutions.
  • The three main components in this part of the legislation include:
    • the authority to reduce or eliminate the barriers;
    • the authority to address implementation and administration of the changes; and
    • broad regulation-making authority for flexibility and fine tuning.​
  • ​​While this legislation does not require reciprocal actions in other provinces and territories, it does include authority for cabinet to choose to make that a requirement, if needed.
  • This legislation will not apply to occupations covered under the Labour Mobility Act; work to strengthen interprovincial labour mobility is being done separately with other provinces, territories and the federal government.
  • Other work underway through other channels includes:
    • mutual recognition to reconcile internal trade barriers;
    • reviewing and removing Canada Free Trade Agreement exceptions; and
    • strengthening interprovincial labour mobility​.​

3. Impose tolls/fees on specified vehicles using provincial public infrastructure such as highways

  • This bill enables a variety of tolls, fees or charges for use of public infrastructure via a subsequent regulation.​

4. Provide procurement directives to public bodies

  • The legislation gives time-limited authority for cabinet to issue directives to public-sector bodies about limiting purchases from the U.S., and buying goods and services from jurisdictions that aren’t threatening or imposing tariffs on Canada.
  • Defining what constitutes a public-sector body relies on the Budget Transparency and Accountability Act, coupled with regulation-making authority to add or exclude organizations from the scope
  • In general, it applies to 29 Crown corporations.
  • The bill includes immunity and indemnity provisions for good-faith compliance with any such procurement directive.
  • It includes broad authority to make directives and regulations efficiently and with necessary exceptions.

The interprovincial trade provisions will be brought into force by regulation, while the rest of the legislation would come into force upon the bill receiving royal assent, enabling cabinet to make decisions to use this legislation.

The legislation has been designed to work with actions that may be taken by other provinces, territories and the Government of Canada, as well as any other agreements B.C. might enter into.

It cannot be used to override environmental assessments or permitting requirements for natural-resource projects, or obligations to consult with Indigenous Peoples. It also requires regular reports be made to the legislative assembly.

The bill contains a sunset clause that repeals the legislation by May 28, 2027, though cabinet could repeal it earlier by regulation.