B.C. Attorney General Niki Sharma responds to questions outside B.C. Supreme Court in Vancouver on Nov. 27, 2023. The Business Council of British Columbia has written a letter to Ms. Sharma expressing concerns about the Public Health Accountability and Cost Recovery Act.Legislation allowing B.C.
“We are offering to work together to help you better understand why businesses across so many sectors are worried and explore options to achieve your desired outcomes without risking a further decline in investment in the province.” BCBC’s letter cites a legal analysis published last month by a team of Vancouver-based lawyers at Blake, Cassels & Graydon LLP as capturing many of its concerns, namely that it could allow B.C. to sue any company that causes or contributes to any “health-related wrong,” a deterioration of health, problematic use, addiction or increased risk of harm.
Hassan Ahmad, an assistant professor at the University of B.C.’s law school, said he also shares some of these concerns, including how the bill in its current form departs from traditional legal principles. He said the province would not have to prove the actions of a company caused financial harms, just that there were public-health harms associated.
A spokesperson for B.C.’s Attorney-General said in a statement that Ms. Sharma continues to meet with companies skeptical of the legislation, which does not target local companies that operate “within the laws and regulations of their industry.”