B.C. heading to court in Alberta to stop fuel restriction law, may seek damages

Alberta Premier Rachel Notley declined to say when or how the legislation would be implemented

Tensions over the Trans Mountain pipeline increased Thursday with British Columbia announcing plans to launch a lawsuit over new Alberta legislation that could restrict fuel exports to the West Coast.

B.C. Attorney General David Eby said his province will ask the Court of Queen’s Bench in Alberta to declare the legislation unconstitutional on the grounds that one province cannot punish another.

The bill, which allows limits on fuel exports to B.C., was passed by Alberta’s legislature on Wednesday.

If Alberta moves to implement the act, B.C. will apply for an injunction and seek damages, Eby said.

“Unfortunately, proceedings like this can take years if it goes all the way up to the Supreme Court of Canada, which is why we wanted to start at the Supreme Court of Canada if we could,” he said. “But we’re starting at the court to get this remedy we’re seeking, which is to have this law struck as unconstitutional.”

Alberta Premier Rachel Notley declined to say when or how the legislation would be implemented, but she said she believes the law will withstand a legal challenge.

“We feel pretty confident that we have authority to control the export of our own resources under the Constitution as a means of maximizing the return to the people of Alberta,” she said. ”So we’re going to go ahead with it on that basis.”

READ MORE: Horgan says B.C. defending its interests in Trans Mountain pipeline

Notley told business leaders at a speech in Edmonton that her government doesn’t want to impose hardship on B.C. businesses and families, but Alberta must also safeguard its interests.

About 100 business people from B.C. travelled over the Rockies and joined 200 colleagues from the Edmonton and Calgary chambers of commerce to hear Notley speak.

“If we have to we’ll do what former Alberta premiers have done and we will act to assert our resources to get the most value possible out of our resources,” she said. “In so doing we will contribute to the long-term health of our country.”

Plans to triple capacity along Kinder Morgan’s existing Trans Mountain pipeline from Edmonton to Burnaby have pitted Alberta and the federal government against B.C.’s government, which says the risk of a spill is too great for the province’s environment and economy.

B.C. filed a reference case in the province’s Court of Appeal last month to determine if it has jurisdiction to regulate heavy oil shipments. It also joined two other lawsuits launched by Indigenous groups opposed to the $7.4-billion project.

Kinder Morgan has ceased all non-essential spending on the project until it receives assurances it can proceed without delays, setting a May 31 deadline on getting those guarantees.

Finance Minister Bill Morneau said Wednesday the federal government is prepared to offer an “indemnity” to help ease the political risks for any investors to ensure the pipeline expansion can proceed.

B.C. Premier John Horgan accused the federal government of committing tax dollars to back a private company’s venture.

Meanwhile, B.C. Environment Minister George Heyman rejected an offer Thursday from federal Environment Minister Catherine McKenna to form a joint panel of scientists to research oil spills.

Heyman said B.C. already has its own scientific panel looking into ways to prevent and respond to bitumen spills. He said McKenna is looking to form a Canada-wide panel, but B.C. needs to focus on its specific needs.

“Estimates for impacts on the city of Vancouver’s economy alone range from $215 million to $1.23 billion in the case of a catastrophic spill,” he said in a letter to McKenna.

With files from Dean Bennett in Edmonton.

Dirk Meissner, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Oak Bay is the second-least dangerous community in Canada according crime index

Victoria and Esquimalt ranks 32nd in Canada, 9th in British Columbia

Plant-based pizza restaurant to open its doors in Victoria this December

Virtuous Pie has locations in Vancouver, Toronto and Portland

Ocean swim challenge shines spotlight on Crystal Pool plight

Ultra-marathon swimmer sends tongue-in-cheek invite to Victoria council

Rickter Scale: Children in the eye of the porn storm

The Rickter Scale is a weekly column

VIDEO: Ron MacLean says he doesn’t believe former co-host Don Cherry is racist

Sportsnet fired Cherry on Nov. 11, two days after controversial on-air comments during ‘Coach’s Corner’

POLL: Do you plan on making any purchases on Black Friday?

We’ve all seen the images. Shoppers rioting outside of a store in… Continue reading

Distracted driving tickets not for ICBC revenue, B.C. minister says

Minister Mike Farnworth calls SenseBC analysis ‘nonsense’

CN Rail strike and lack of trucking alternatives stoke forest industry fears

Companies calling on the federal government to ‘do everything in its power’ to end the strike

Prime Minister Justin Trudeau unveils new Liberal cabinet

Pivotal role in his new cabinet for a minority-government era goes to Chrystia Freeland

B.C. woman puts call out for 10,000 personal, heartfelt Christmas cards for the homeless

Christmas Card Collective enters into third year of making spirits bright

No turn signals, double-parking among top concerns for B.C. drivers: poll

Two-thirds of B.C. drivers said that not using turn signals was their biggest pet peeve

1 dead, 2 seriously injured in crash with elk on Hwy. 18 in Cowichan

North Cowichan/Duncan RCMP were called to the scene at about 8 p.m. Tuesday night

Man accused in fatal Shuswap church shooting also charged with arson

Parmenter family home badly damaged by fire a month before killing

Most Read