British Columbia’s highest court has concluded the province’s proposed plan to limit the amount of heavy oil flowing west to the ocean would be unconstitutional because only Ottawa has such oversight of the federally owned and regulated Trans Mountain pipeline.
“The ‘default’ position of the law is to prohibit the possession of all heavy oil in the province above the Substance Threshold – an immediate and existential threat to a federal undertaking [Trans Mountain] that is being expanded specifically to increase the amount of oil being transported through British Columbia," the decision states.
The provincial NDP government filed the reference case a year ago when the federal Liberal government refused to refer it directly to the Supreme Court of Canada, which is where experts agree the case is likely to proceed next. “The issue at the heart of this case goes far beyond a single pipeline project. What was at stake is the B.C. government’s ability to step in and enact laws that will better protect communities and the environment when federal measures fall short.”
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