B.C. Court of Appeal to hear province's oil-transport reference case Monday

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Alberta Premier Rachel Notley and Prime Minister Justin Trudeau have said only Ottawa, not the provinces, has authority to decide what goes in trans-boundary pipelines.

British Columbia’s Court of Appeal will consider a key question regarding provincial powers in the political battle over the future of the Trans Mountain pipeline expansion project during a five-day hearing that starts Monday.

Specifically, it asks if proposed amendments to British Columbia’s Environmental Management Act are valid and if they give the province the authority to control the shipment of heavy oils based on the impact spills could have on the environment, human health or communities.Alberta Premier Rachel Notley and Prime Minister Justin Trudeau have said only Ottawa, not the provinces, has the authority to decide what goes in trans-boundary pipelines.

When B.C. filed the reference case last year, Alberta announced it would ban B.C. wines and accused B.C. Premier John Horgan of trying to break the rules of Confederation in newspaper ads. Last month, the board found that the pipeline is still in the public interest despite the risk that an increase in tanker traffic could adversely affect southern resident killer whales, hurt related Indigenous culture and increase greenhouse gas emissions. It added 16 new recommendations for federal government action in addition to the 156 conditions in its initial approval in 2016.Trudeau has said the expansion is in the best interests of all Canadians and his government has committed $1.

 

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