On March 18, 2020, British Columbia declares “state of emergency” under the Emergency Program Act (the “EPA”). Allows B.C. government statutory powers under the EPA. Government can prohibit travel insider province, conscript qualified persons to render specific types of assistance for which they are qualified, procure and fix price, food, clothing, fuel, equipment, medical supplies or other essential supplies or ration all of the above.

On March 17, 2020, British Columbia’s Provincial Health Officer, Dr. Bonnie Henry, declared a “public health emergency” under the Public Health Act (the “PHA”) with concomitant emergency powers under the PHA including Provincial Health Officer power to issue immediate effect verbal orders.

Courts may review the government’s decisions under the EPA or the PHA. Courts will be deferential, less deferential so if order made under the EPA or the PHA touches on area of exclusive federal jurisdiction, including operation of airports, inter-provincial infrastructure, border security, or ports.