Provincial Orders

Overview and Encampment History

Provincial orders are enacted either by a minister or the cabinet writ large. So far, provincial orders have only been issued to clear encampments in British Columbia, in 2020 at the onset of the COVID-19 pandemic.

In British Columbia, the power to issue ministerial orders comes from section 10(1) of the Emergency Program Act, R.S.B.C. 1996, c. 111. That section states in part:

10(1) After a declaration of a state of emergency is made under section 9 (1) and for the duration of the state of emergency, the minister may do all acts and implement all procedures that the minister considers necessary to prevent, respond to or alleviate the effects of an emergency or a disaster, including, without limitation, any or all of the following: 

(h) cause the evacuation of persons [...] and personal property from any area of British Columbia that is or may be affected by an emergency or a disaster.

In April 2020, Ministerial Order M128 issued directions for residents living in Oppenheimer Park (Vancouver), Topaz Park (Victoria), and the Pandora Avenue corridor (Victoria) to remove themselves from the parks.

In May 2020, Ministerial Order M150 replaced M128, and extended the time period by which residents in Victoria's Parks had to remove themselves by. Ministerial Order M152 was issued at the same time and expanded upon the eviction order in Oppenheimer Park. Specifically, M152 authorized the Vancouver Police Department to remove residents from the park and to erect fencing to prevent resident re-entry.