Appeal Court reserves decision on B.C. pipeline law that would impact Trans Mountain

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A British Columbia Court of Appeal hearing on proposed provincial legislation that would impact the Trans Mountain pipeline expansion has concluded and a panel of five judges has reserved its decis…

VANCOUVER — A British Columbia Court of Appeal hearing on proposed provincial legislation that would impact the Trans Mountain pipeline expansion has concluded and a panel of five judges has reserved its decision.

Canada says the proposed amendments to B.C.’s Environmental Management Act are unconstitutional because Ottawa — not the provinces — has jurisdiction over inter-provincial infrastructure. The Canadian government has purchased the Trans Mountain pipeline and related assets for $4.5 billion. The expansion would triple the capacity of the line that runs from the Edmonton area to Metro Vancouver and increase tanker traffic in Burrard Inlet seven-fold.

When Horgan announced the proposed permitting regime last year, Alberta Premier Rachel Notley accused him of breaking the rules of Confederation and announced a ban on B.C. wines, which she later reversed. Justice Harvey Groberman questioned lawyers who argued the goal of the legislation was to stop the project, asking why such a declaration was necessary if the argument that it impedes federal jurisdiction holds up.

 

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