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British Columbia's Attorney General has proposed sweeping new legislation that would empower the provincial cabinet to take unprecedented actions—including overriding provincial legislation. While the proposed legislation is apparently intended to allow British Columbia to respond quickly to ongoing trade disputes with the United States, it would allow cabinet to invoke the proposed new powers for the broader purpose of "supporting the economy of British Columbia and Canada".
Bill 7, the Economic Stabilization (Tariff Response) Act, was introduced and read for the first time on March 13, 2025. The legislature has now adjourned until March 31. Bill 7 will likely be debated and potentially enacted shortly thereafter. The Attorney General has not yet identified exactly how cabinet would use its new powers if Bill 7 is enacted.
Bill 7 would give unprecedented powers to cabinet. While Canadian courts have upheld the constitutionality of narrower legislation that allows the executive (e.g., cabinet) to make regulations amending enabling legislation (often called "Henry VIII clauses"), Bill 7 would go farther than prior Canadian laws. If enacted, it would allow cabinet to enact regulations modifying almost any provincial law. No other province has proposed such extreme delegation.
Unprecedented Response Powers
Part 4 of Bill 7 would allow cabinet to make regulations for any of the following broad purposes:
- addressing challenges, or anticipated challenges, to British Columbia arising from the actions of a foreign jurisdiction;
- supporting interprovincial cooperation in reducing trade barriers within Canada; and
- supporting the economy of British Columbia and Canada.
The kinds of regulations cabinet could make for any of those purposes would be nearly unrestrained. Cabinet could make regulations creating exemptions from enactments, modifying enactments, limiting enactments, establishing new powers or duties, and authorizing issuers of licences, permits, or other authorizations to modify them. The only express constraints relate to natural resource projects and engagements with Indigenous peoples. The regulations could be made retroactive to January 20, 2025 (the day President Trump took office).
While cabinet would have to report to the legislature on regulations it makes, it would not need legislative approval to override provincial legislation. Indeed, Bill 7 expressly confirms that a regulation made under Part 4 prevails if it conflicts with a different provincial law—even a different part of Bill 7.
Other Responding Measures
The rest of Bill 7 would enact narrower powers for cabinet:
- Part 1 (Interprovincial Trade) would aim to reduce interprovincial trade barriers by allowing goods and services sold or supplied in another province to be sold or supplied in British Columbia, subject to laws about who may sell or purchase them. Cabinet could modify the goods, services, or provinces to which Part 1 applies by regulation.
- Part 2 (Procurement) would allow cabinet to issue binding directives about the provincial government's procurement of goods or services. The directives would override other provincial legislation. Part 2 would also preclude lawsuits against government procurement entities for complying with the directives.
- Part 3 (Tolls) would allow cabinet to establish a system of tolls, fees, or charges to be paid to the provincial government for the use of provincial public highways, ferries, and similar public undertakings. While the provincial government has previously suggested it may seek to toll commercial vehicle traffic between the continental United States and Alaska, Bill 7 is not limited to those kind of tolls.
- Part 5 (General) would repeal most of Bill 7 and regulations made under it on May 28, 2027. Cabinet could also repeal most of it sooner.
As with the expansive Part 4, cabinet has not committed to using the other parts of Bill 7 in any particular way. The press release announcing Bill 7 highlights what cabinet may do to respond to US tariffs, but does not confirm those measures will be taken. More concrete regulations or directives may be identified once the legislature resumes sitting on March 31.
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