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

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.

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

Just Posted

West Shore RCMP is asking for the public’s help in locating Mackenzie Courchene, a Langford teenager.
MISSING: Mackenzie Courchene last seen in Langford on March 2

West Shore RCMP is asking for the public’s help in locating the Langford teenager

Rendering of the proposed Esquimalt public safety building. (Courtesy Township of Esquimalt)
Esquimalt blazes new trail toward modern public safety building

Township using alternative approval process for first time to gauge public support for proposal

Landmarks such as Howard the giant gnome at Galey's Farm in Saanich make a stunning backdrop for celebratory dance in the Greater Victoria Festival Society trailer for its coming Dance Victoria campaign. (Screeshot/Greater Victoria Festival Society)
Residents’ videos help campaign Dance Across Victoria

Celebratory dance clips to be compiled into Greater Victoria Festival Society video

Reynolds Secondary School’s spring musical Freaky Friday features Grace Fouracre as teen Ellie Blake (left) who swaps bodies with her overworked mother, Katherine, played by Nadia Lurie. (Photo courtesy Reynolds Secondary School)
Saanich high school goes virtual with Freaky Friday musical

Reynolds Secondary theatre program to livestream performances March 9-12

Saanich Fire Department. Black Press Media File Photo
Fire displaces three Saanich families from two homes

Saanich firefighters found the fire had spread to a neighbouring home upon arriving

Elvira D’Angelo, 92, waits to receive her COVID-19 vaccination shot at a clinic in Montreal, Sunday, March 7, 2021, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
‘It’s been a good week’: Tam hopeful on vaccines as pandemic anniversary nears

Tam says the addition of two new vaccines will help Canadians get immunized faster

(The Canadian Press)
‘Worse than Sept. 11, SARS and financial crisis combined’: Tourism industry in crisis

Travel services saw the biggest drop in active businesses with 31 per cent fewer firms operating

The Port Alice pulp mill has been dormant since 2015. (North Island Gazette file photo)
Parts recycled, life returning to inlet as as old Port Alice mill decommissioned

Bankruptcy company oversees de-risking the site, water treatment and environmental monitoring

The Conservation Officers Service is warning aquarium users after invasive and potentially destructive mussels were found in moss balls from a pet store. (BC Conservation Officers Service/Facebook)
Aquarium users in B.C. warned after invasive mussels found at pet store

Conservation officers were told the mussels were found in a moss ball from a Terrace pet store.

Hockey hall-of-fame legend Wayne Gretzky, right, watches the casket of his father, Walter Gretzky, as it is carried from the church during a funeral service in Brantford, Ont., Saturday, March 6, 2021. HE CANADIAN PRESS/Nathan Denette
Walter Gretzky remembered as a man with a ‘heart of gold’ at funeral

The famous hockey father died Thursday at age 82 after battling Parkinson’s disease

Donald Alan Sweet was once an all star CFL kicker who played for the Montreal Alouettes and Montreal Concordes over a 13-year career. Photo courtesy of Mission RCMP.
Ex-B.C. teacher who was CFL kicker charged with assault, sexual crimes against former students

Donald Sweet taught in Mission School District for 10 years, investigators seek further witnesses

(Black Press Media files)
Medicine gardens help Victoria’s Indigenous kids in care stay culturally connected

Traditional plants brought to the homes of Indigenous kids amid the COVID-19 pandemic

Personal protective equipment is seen in the COVID-19 intensive care unit at St. Paul’s hospital in downtown Vancouver. THE CANADIAN PRESS/Jonathan Hayward
$16.9 million invested to improve worker safety, strengthen B.C.’s food supply chain

Money to be used for social distancing, personal protective equipment, cleaning, and air circulation

Most Read