B.C. seeks ruling on oil jurisdiction
Province asks courts to determine if it controls Trans Mountain shipping
OTTAWA— The B.C. government has asked the courts whether it has the jurisdiction to regulate the transport of oil through the province, a central question in the continuing political fight over the controversial Trans Mountain pipeline expansion.
The minority NDP government on Thursday submitted a reference question to the B.C. Court of Appeal on proposed amendments to the environmental regulations that would give it authority to regulate impacts of heavy oils, such as diluted bitumen.
B.C. Premier John Horgan said the province has “every right” to protect its residents, economy and environment from the threat of an oil spill.
“My government stands ready to defend that coast, to defend those interests. That’s the intent of the reference,” he said.
The $7.4-billion expansion of an existing pipeline has faced stiff opposition in B.C., prompting proponent Kinder Morgan to announce in early April that it was suspending work on the project, citing “extraordinary political risk.” The company set a May 31 deadline to get assurances that pipeline construction could move ahead.
B.C. Attorney General David Eby said the court action is meant to get clarification over the province’s powers to control “substances … that could potentially cause devastating environment and economic harms if they are spilled.”
Thursday’s move came even as federal Environment Minister Catherine McKenna sought to provide B.C. with additional assurances about existing measures to protect against an oil spill.
In an open letter to her counterpart in Victoria, McKenna outlined conditions placed on the pipeline approval, as well as Canada’s “historic” $1.5-billion Ocean Protection Plan, which includes a reopened coast guard station in Vancouver, increased monitoring of coastal ship traffic, and additional tug boats to guide oil freighters out of B.C.’s waters. She invited the province to co-create a new sci- entific advisory panel on responding to a diluted bitumen spill, but maintained the project is ready to go.
“We approved this project considering all the factors,” McKenna told reporters in Ottawa. “We have always co-operated with provinces. We continue to do so, but it’s a two-way street, and we certainly hope that the government of British Columbia would sit down and work in good faith and come to understand the measures that we have put in place.”
A court decision is not likely before the May 31 deadline set by Kinder Morgan, but Horgan said he’s not bound by that timeline. “I don’t work for Kinder Morgan; I work for the people of B.C.”
Tim McMillan, president and chief executive of the Canadian Association of Petroleum Producers, derided the B.C. govern- ment and accused it of trying to use the court in a political game.
McMillan said Ottawa must ensure its authority on the pipeline project is respected. “It’s going to force their hand, and they have to take action quickly to assert their authority and ensure that Canada isn’t held hostage by a small number of people,” he said.
Prime Minister Justin Trudeau has vowed the pipeline will get built and promised that Ottawa will use financial and legislative measures to assuage the company’s concerns.
According to Kinder Morgan, however, B.C.’s court referral fits into the lack of certainty that the company has highlighted around the project. In a statement to the Star, company spokesperson Ali Hounsell said the move is a “signal (of ) the province’s continued intention to frustrate the project.”