Anti-Racism Act – an excerpt

Written By Northern Beat staff
Published

“Government is a colonial institution and many of its existing policies and programs do not adequately represent or serve the province’s diverse populations. It is government’s ethical and moral obligation to undo this legacy,” according to the B.C. ministry of the Attorney General.


B.C.’s Anti-racism Act came into force May 16 2024. It applies to provincial public bodies.

Principles

The core principles of Act are that B.C. is full of systemic racism that is actively harming people, and government must act urgently to create an equitable society and enable people to heal.

Intersectionality must be considered, although its many hues and iterations are not defined.

The phrase “systemic racism, systemic racism specific to Indigenous peoples, and advancing racial equity” is repeated throughout. 

The term “racialized communities” is referenced many times, but with no explanation of the meaning.

Provincial action plan

Government will create a provincial “anti-racism action plan” which will identify and eliminate racism, anti-Indigenous racism, and advance equity. The action plan Actions must also counter Islamophobia and antisemitism.

The plan will be reviewed and revised every two years. and it will eventually apply to all “public bodies,” such as provincial ministries, health authorities and governing bodies of professions.

The act defines “public body” similar to the Freedom of Information and Protection of Privacy Act (with a few exceptions, including local public bodies).

Freedom of Information defines “public body” as the following:

a) a ministry of the government of British Columbia, including, for certainty, the Office of the Premier,

b) an agency, board, commission, corporation, office or other body designated in, or added by regulation to, Schedule 2, or

c) a local public body

A public body does not include the following:

d) the office of a person who is a member or officer of the Legislative Assembly, or

e) the Court of Appeal, Supreme Court or Provincial Court.

Committee on anti-racism

The B.C. government must create a “Provincial Committee on Anti-Racism”

All of the seven to 11 members must be “racialized” [the term is undefined].

Membership must include:

a) at least two individuals who represent organizations that support racialized individuals or communities;

b) at least two individuals who have expertise in systems thinking theory and practice;

c) at least two individuals who have expertise in the development and delivery of anti-racism training curricula.

Committee tasks

To advise the government with respect to the following:

a) Identify and eliminate systemic racism and advancing racial equity;

b) Develop and revise the action plan;

c) Implement this Act and its regulations.

The committee must advise public bodies on the following:

a) Identify and eliminate systemic racism and advancing racial equity;

b) Implement the action plan.

All of which will require a potentially an endless search to find and root out racism, report on it’s evolving existence, actions taken to combat it, and suggestions for how to improve.

The committee can hire consultants.

‘Systemic racism specific to Indigenous peoples’

Government must create “anti-racism assessment framework” for “systemic racism specific to Indigenous peoples.”

Government must create indigenous training and all public bodies must consult with Indigneous people [not specified which ones, or how].

Public body actions

Any actions in relation to systemic racism specific to Indigenous peoples included in the action plan for the public body,

  • (b) actions toward meeting the targets for anti-racism training curricula and anti-racism training referred to in section 9 (1) (b), and
  • (c) actions toward meeting the targets for recruitment, retention and advancement referred to in section 14 (1) (a).
  • All public bodies must do assessment for anti-indigenous racism and implement training, and have targets for hiring

Part 5 “systemic racism”

  • Framework same as above
  • Training same as above
  • Consult with public bodie, engage with racialized communities same as above
  • Actions the same, anti racism assessments the same

Part 6 compliance

  • Minister may appoint people to review public body complaince, who submit reports and recommendations. Reports tabled to legislative assembly
  • Minister can make compliance order

Part 7 Accountibility

  • Every year each public body must make report on how they are doing re targets training etc. And actions taken that year (so must be looking for actions)
  • Body makes report public and seeks public feedback
  • Then minister makes annual report on what everyone is doing
  • Every 5 years minister appoints someone else to review everything. Of course consult with racialized people, indigenous, DEI experts, human right commissioner, etc. Report goes to legislative assembly.

Part 8 Grants

  • Indigenous groups and not for profits that support “racialized individuals or groups” can at any time apply for grants to identify or fight racism. Permanent open call for grants!
  • Minister decides if they want to give grant

Part 9 General

  • Gov can make regulations

The B.C. government has already dispensed $300,000 to organizations to participate in development of the act.