Canada says B.C. trying to impede Trans Mountain with pipeline legislation GlobeBusiness
JONATHAN HAYWARD/The Canadian Press
“This legislation appears to be a Trojan Horse. It’s one that is designed to appear as constitutionally acceptable, local environmental-protection measures,” he told a panel of five judges. “But in substance, it’s an unconstitutional initiative that’s only logical reason for being is to limit federally regulated pipelines and railways from moving additional heavy oil.”The Appeal Court is hearing a reference case on the proposed amendments, which would enable B.C.
The only hazardous substance covered by the amendments is heavy oil, Mr. Brongers said, and only companies that intend to increase the amount of heavy oil they’re transporting will need to get a permit. “The fact that it’s directed at that emerging or new problem doesn’t seem to me to prove anything other than that the legislation is targeted,” Justice Groberman said.The amendments also don’t apply to ships, and Mr. Brongers quoted B.C. Attorney-General David Eby as saying last year that tankers were excluded because they are under federal jurisdiction.
After taking power in 2017, the minority NDP government received legal advice that it doesn’t have constitutional authority to directly stop the project, but it did have the authority to apply conditions and impose regulations to protect its coast, he said. The governments of Alberta and Saskatchewan, as well as Trans Mountain Corp., Enbridge Inc. and the Canadian Association of Petroleum Producers, have filed documents in support of the federal government.
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