The B.C. government’s reference case asks the court if the province has jurisdiction to regulate the transport of oil through its territory and restrict bitumen shipments from Alberta. (File photo/Black Press Media)

The B.C. government’s reference case asks the court if the province has jurisdiction to regulate the transport of oil through its territory and restrict bitumen shipments from Alberta. (File photo/Black Press Media)

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

The case asks if proposed amendments to B.C.’s Environmental Management Act are valid

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.

The B.C. government’s reference case asks the court if the province has jurisdiction to regulate the transport of oil through its territory and restrict bitumen shipments from Alberta.

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.

The province is also asking the court whether the amendments are overridden by federal law.

READ MORE: National Energy Board approves Trans Mountain pipeline again

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.

Alberta and Saskatchewan have both filed documents as interested parties supporting the federal government in the case.

When B.C. filed the reference case last year, Alberta announced it would ban B.C. wines and accused Horgan of trying to break the rules of Confederation in newspaper ads.

Last summer, the Federal Appeal Court overturned approval of the project to triple oil shipments from Edmonton to Burnaby, B.C., ruling that the National Energy Board had not properly considered its impact on marine life nor had Ottawa meaningfully consulted with Indigenous groups.

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.

The federal government purchased the pipeline last year.

Trudeau has said the expansion is in the best interests of all Canadians and his government has committed $1.5 billion to an ocean protection plan that includes millions for research on B.C. killer whales.

Horgan said last year the aim of the case is to protect the province’s coastline and economy from the harms of an oil spill.

“We believe it is our right to take appropriate measures to protect our environment, economy and our coast from the drastic consequence of a diluted bitumen spill,” Horgan said in a statement when the reference case was announced last April.

“And we are prepared to confirm that right in the courts.”

Amy Smart, The Canadian Press

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

An aerial shot of Cedar Valley Lodge this past August, LNG Canada’s newest accommodation for workers. This is where several employees are isolating after a COVID-19 outbreak was declared last Thursday (Nov. 19). (Photo courtesy of LNG Canada)
41 positive COVID-19 cases associated with the LNG Canada site outbreak

Thirty-four of the 41 cases remain active, according to Northern Health

Snowplowing isn’t really our favourite pastime but it is something we have been doing a lot of lately. Winter is here folks get your shovels out! (Angelique Houlihan photo/Houston Today)
Canadian’s favourite pastime

Snowplowing isn’t really our favourite pastime but it is something we have… Continue reading

grad
Raising money

Recently 2021 grad and parents sorted through all the bottles they have… Continue reading

RCMP
Big shout out to Houston RCMP

A Houston resident submitted this photo of Houston RCMP lending a hand… Continue reading

Welcome to Houston
Premier urged to remember northern, rural communities

Houston signs group letter being sent to John Horgan

A man wearing a face mask to help curb the spread of COVID-19 walks in downtown Vancouver, B.C., Sunday, Nov. 22, 2020. The use of masks is mandatory in indoor public and retail spaces in the province. THE CANADIAN PRESS/Darryl Dyck
B.C. records deadliest day of pandemic with 13 deaths, 738 new COVID-19 cases

Number of people in hospital is nearing 300, while total cases near 30,000

The COVID-19 test centre at Peace Arch Hospital is located on the building’s south side. (Tracy Holmes photo)
B.C. woman calls for consistency in COVID-19 post-test messaging

‘Could we just get one thing straight?’ asks Surrey’s Deb Antifaev

(File photo)
Alberta woman charged after allegedly hitting boy with watermelon at Okanagan campsite

Police say a disagreement among friends at an Adams Lake campsite turned ugly

Court of Appeal for British Columbia in Vancouver. (File photo: Tom Zytaruk)
B.C. woman loses appeal to have second child by using late husband’s sperm

Assisted Human Reproduction Act prohibits the removal of human reproductive material from a donor without consent

Krista Macinnis displays the homework assignment that her Grade 6 daughter received on Tuesday. (Submitted photo)
B.C. mom angry that students asked to list positive stories about residential schools

Daughter’s Grade 6 class asked to write down 5 positive stories or facts

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

B.C. projects targeting the restoration of sockeye salmon stocks in the Fraser and Columbia Watersheds will share in $10.9 million of federal funding to protect species at risk. (Kenny Regan photo)
13 projects protecting B.C. aquatic species at risk receive $11 million in federal funding

Salmon and marine mammals expected to benefit from ecosystem-based approach

Barrels pictured outside Oliver winery, Quinta Ferreira, in May. (Phil McLachlan - Black Press Media)
B.C. Master of Wine reflects on industry’s teetering economic state

Pandemic, for some wine makers, has been a blessing in disguise. For others, not so much.

Most Read