B.C. Public Safety Minister Mike Farnworth defends government actions in the legislature, Feb. 19, 2020. (Hansard TV)

B.C. Public Safety Minister Mike Farnworth defends government actions in the legislature, Feb. 19, 2020. (Hansard TV)

B.C. repairs COVID-19 emergency order for local government

Ombudsperson shut out as his recommendations implemented

A hastily imposed B.C. emergency order giving local councils authority to bar the public from meetings is being retroactively repaired by the NDP government, after B.C. Ombudsperson Jay Chalke said it was done illegally.

Chalke found that two of B.C.’s orders in the coronavirus pandemic exceeded their authority, one covering local government and the other allowing courts and tribunals to waive statutory deadlines for submissions.

The order for local councils was rewritten in June after concerns that some municipal councils had shut their doors to the public for months, without electronic access. The revised version requires local governments only to make “best efforts” to allow people to attend meetings, and “best efforts” to let people watch and hear proceedings via video, audio or phone.

Attorney General David Eby has introduced Bill 19, the COVID-19 Related Measures Act, to change the laws that Public Safety Minister Mike Farnworth overrode with public health orders. In an interview with Black Press Media, Chalke said Bill 19 addresses most of the problems he found.

It doesn’t change the suspension of public access to council meetings, courts or statutory decision-makers for environmental, forest and other permits, but Bill 19 makes that legal, and retroactively the actions that were taken under the orders will be legal once it passes. It also extends cabinet’s authority to continue emergency measures for up to a year without a province-wide state of emergency that expires every two weeks.

The order has left Vanderhoof, Masset and possibly other communities with no access to their local government for months, since the pandemic restrictions were imposed in mid-March. Chalke said he has received complaints about various municipalities in the pandemic, but he is prevented by his legal mandate from commenting on ongoing investigations.

RELATED: Masset working on phone access to council meetings

RELATED: Vanderhoof access plan begins after meetings closed

“When passed, that legislation will validate those orders and that will address any concerns that anyone might have had if they have taken steps under those orders,” Chalke said.

The key point of his investigation into the emergency orders was that the cabinet can’t issue new legislation without some kind of democratic oversight from the legislature.

“If they’re going to be in essence making statutes, we recommend that the minister have to report to the legislature, which is a feature that you see at the federal level, and secondly that orders expire after a certain number of sitting days,” Chalke said.

The expiry provision, or sunset clause for orders, is not contained in Bill 19, he said.

When Chalke’s report was released June 22, it contained an unusually hostile response from Farnworth. Instead of the standard minister’s acknowledgement of recommendations from an independent officer of the legislature, Farnworth’s letter accused Chalke of exceeding his authority under the Ombudsperson Act by commenting on emergency orders.

Farnworth had no difficulty imposing another sunset clause, telling Chalke he had been offered an opportunity for input into Bill 19 and “unfortunately that window has now closed.”

Asked about his authority to check up on emergency orders, Chalke said: “I’m fully confident that our investigation was within the authority that’s established in the Ombudsperson Act, but for interested readers we’ve set out our opinion at length about why we felt it was within our jurisdiction.”

That opinion is on page 15-17 of Chalke’s report.


@tomfletcherbc
tfletcher@blackpress.ca

Like us on Facebook and follow us on Twitter.

BC legislatureCoronavirus

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

(Pixabay photo)
Morning Start: Kentucky has more bourbon than people

Your morning start for Thursday, May 6, 2021

(James Holmes/Contributed)
Kelowna chef to compete on the Food Network’s Fire Masters

Chef James Holmes will compete for $10K on an upcoming episode of Fire Masters

A woman wears a face mask and shield to curb the spread of COVID-19 while walking in North Vancouver, B.C., on Wednesday, January 6, 2021. THE CANADIAN PRESS/Darryl Dyck
57 new cases of COVID-19 in Interior Health region

Thirty people in the region are in hospital, 16 of whom are in intensive care

Fernando’s Pub is set to reopen on May 17 following a lengthy winter closure, allowing Kelowna residents to again enjoy the pub’s famed avocado margarita. (Fernando’s Pub/Facebook)
Downtown Kelowna’s Fernando’s Pub set to reopen after winter closure

Fernando’s has announced it will begin welcoming its patrons back on May 17

Jose Marchand prepares Pfizer COVID-19 vaccination doses at a mobile clinic for members of First Nations and their partners, in Montreal, Friday, April 30, 2021. THE CANADIAN PRESS/Ryan Remiorz
Approximately 2,500 teachers, school staff vaccinated in Central Okanagan

Central Okanagan Teachers’ Association said teachers are thrilled

Protesters attempt to stop clear-cutting of old-growth trees in Fairy Creek near Port Renfrew. (Will O���Connell photo)
VIDEO: Workers, activists clash at site of Vancouver Island logging operation

Forest license holders asking for independent investigation into incident

A black bear made a visit to downtown Vancouver Tuesday, May 4. The animal was spotted on train tracks in Gastown shortly after at 2:30 p.m. (Twitter/Craig Minielly)
VIDEO: Black bear spotted meandering around downtown Vancouver

The bear was reportedly tranquilized by conservation officers Tuesday afternoon

Southbound traffic was reduced to single lane on Highway 97 as a vehicle involved in a collision was being retrieved by a tow truck on Thursday morning, May 6, 2021. (Jennifer Smith-Vernon Morning Star)
Collision causing delays on Highway 97 near Vernon

Southbound traffic reduced to single lane

A man who allegedly spat at and yelled racial slurs at an Asian family was arrested for hate-motivated assault Tuesday. (Black Press Media file photo)
Arrest made after man spits, yells anti-Asian racial slurs at Victoria mom and kids

The man was arrested for hate-motivated assault near Quadra Elementary School Tuesday

A lady wears a vaccinated sticker after receiving a COVID-19 vaccine at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS/Jonathan Hayward
Canada may find it challenging to reach herd immunity from COVID-19, experts say

Level of immunity among the population changes with the variants, especially the more transmissible strains

B.C.’s provincial health officer, Dr. Bonnie Henry. THE CANADIAN PRESS/Jonathan Hayward
Dip in COVID-19 cases with 572 newly announced in B.C.

No new deaths have been reported but hospitalized patients are up to 481, with 161 being treated in intensive care

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

(Kingfisher Boats photo)
In the market for a boat in the North Okanagan? Be prepared to wait

Vernon’s Kingfisher Boats is out of 2021 models, with many 2022 models already pre-sold

Solar panels on a parking garage at the University of B.C. will be used to separate water into oxygen and hydrogen, the latter captured to supply a vehicle filling station. (UBC video)
UBC parkade project to use solar energy for hydrogen vehicles

Demonstration project gets $5.6M in low-carbon fuel credits

Most Read