Making the Premier King Act

Paul Willcocks
Cowichan News Leader Pictorial
November 9, 2003

The Liberals' latest economic development bill looks remarkably like something Glen Clark might have written. It's called the Significant Projects Streamlining Act. But it could as easily be called the 'Making the Premier King Act.'

The idea is that it's too hard to get approvals to build things or open mines in B.C., despite the Liberals' pledge to get rid of regulations and make government work better. Approvals take too long, municipalities ask too many questions and things don't get done quickly enough to keep the developers happy.

And the Liberal solution is to give cabinet - which means the premier - the power to designate any project as "significant." Once that's done, cabinet can rewrite the rules, or eliminate them, and make sure the project gets approved in short order. The people behind the project only have to persuade the cabinet that it's a good thing, and with a wave of the pen almost all obstacles can be made to disappear.

It will be convenient. Anyone who has tried to add on to a house or build a new deck would recognize the benefits of being able to skip all those building inspections and plan approvals.

And it's a useful part of the sales pitch for the premier when he courts new industries. What about regulations and approvals, the proponents can ask? No problem, says the premier. We'll designate this a significant project, and the only approvals you need are from me.

If you were a developer, you would love it. And if you were premier, you would really love it. You could get a lot done, quickly, if you didn't have to worry about public consultations or municipal bylaws or planning and zoning restrictions. Attractive idea, public benefit, pressing need - clear the track.

But taxpayers shouldn't be quite so welcoming. This is the kind of approach, after all, that brought us the fast ferries. It could be that we need a stringent approval process most when cabinet or a premier has fallen in love with a project.

Here's how it would work in real life. You would convince a cabinet minister or the premier that the your plan for a new racetrack would be great for the province, And you would warn that it has to be built quickly, or the project couldn't go ahead.

Once the cabinet designates the racetrack a significant project - and their power to pick a public or private partnership is unlimited under the proposed act - things start happening.

If you've got a problem with approvals or zoning, or neighbours are demanding to be consulted, or municipalities are worried about traffic congestion when 200,000 spectators head to the race, you can go to the premier or a cabinet minister. He can order a facilitator to try and resolve the problem. And if that doesn't work, cabinet can just give you a green light to go ahead without the required approvals, on the terms he choses.

There are few limits. The laws says cabinet can't ignore or over-ride provisions of the Agricultural Land Commission Act or the Environmental Assessment Act. But every other act, or any municipal provisions, can be ignored to get a project built more quickly.

Some municipalities are onside, keen to see development come more quickly. And the province does need the jobs.

But taxpayers should be worried. The temptation to take shortcuts - for Olympic projects, the hugely expensive RAV line, new public-private partnerships, a power plant, mine or resort - will be huge. And decision-making will move from the public arena to behind the tightly closed doors of cabinet and the premier's officer.

It's the kind of extraordinary power that should include safeguards and protection for the public interest, or be restricted to clearly defined project types.

But that's not what the bill does. Instead, it confers near absolute power on cabinet.

And that, no matter how good the intentions, should be worrying.

Footnote: The bill is a confirmation of just how much trouble the Liberals have had delivering a streamlined, clear approval process. After more than two years, Industry and developers are still complaining of regulatory overlap and unreasonable delays. Municipalities, and front-line provincial staff, come in for much of the criticism.

willcocks@ultranet.ca