B.C.’s Court of Appeal is hearing a reference case that asks whether the province can create a permitting system for transporters of hazardous substances through its territory. (Jeff McIntosh/The Canadian Press via AP)

B.C.’s Court of Appeal is hearing a reference case that asks whether the province can create a permitting system for transporters of hazardous substances through its territory. (Jeff McIntosh/The Canadian Press via AP)

Trans Mountain court hearing: B.C. says it won’t reject pipelines without cause

Canada says the proposed amendments to B.C.’s Environmental Management Act must be struck down

A lawyer representing British Columbia says proposed changes to an environmental law won’t allow the province to refuse to provide a permit to a pipeline operator for no reason.

B.C.’s Court of Appeal is hearing a reference case that asks whether the province can create a permitting system for transporters of hazardous substances through its territory.

The governments of Canada, Alberta and Saskatchewan say Ottawa — not provinces — has jurisdiction over inter-provincial projects such as the Trans Mountain pipeline expansion.

Canada says in court documents that the proposed amendments to B.C.’s Environmental Management Act must be struck down because they give the province a “veto” over such projects.

Joseph Arvay, a lawyer for B.C., says the amendments only allow the province to refuse to issue a permit or revoke one in cases where the operator fails to follow conditions imposed upon it.

READ MORE: Trans Mountain pipeline work destroyed salmon habitat: scientist

He adds that if the operator finds the conditions too onerous, it can appeal to the independent Environmental Appeal Board, or in the case of Trans Mountain, the National Energy Board.

The energy board has set up a process where Trans Mountain Corp. can argue that a condition is too burdensome and violates the special status of inter-provincial projects, he says.

“The NEB effectively gets the last word … but it’s going to be condition by condition, law by law,” Arvay told a panel of five judges on Tuesday.

Arvay says the law would be unconstitutional if it declared an absolute prohibition on pipelines in B.C., but the amendments only impose conditions on trans-boundary projects.

In order to obtain a permit, operators would have to provide disaster response plans and agree to compensate the province, municipalities and First Nations for any damages, among other conditions.

When Premier John Horgan announced the proposed changes last year, Alberta Premier Rachel Notley accused him of breaking the rules of Confederation and declared a short-lived ban on B.C. wines.

The Trans Mountain pipeline expansion would triple the capacity of the existing line from near Edmonton to Burnaby, B.C., and increase tanker traffic in Burrard Inlet seven-fold.

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

Swoop Airlines. (Contributed)
COVID-19 case reported on Abbotsford-bound flight last week

Affected flight landed in Abbotsford on Nov. 16

The Abbotsford Pilots and all other junior teams in B.C. have been paused from competition after new restrictions put in place to battle the spread of COVID-19.
Abbotsford Pilots, PJHL grounded after new restrictions

Games won’t played until after Dec. 7 at the earliest, minor hockey limited to local competition

Last year’s Realtors Care Blanket Drive collected 192 bags of warm clothing and blankets for the Abbotsford-Mission area. The 2020 version is collecting only cash donations. (File photo)
Annual Realtors Care Blanket Drive adapts to pandemic

Campaign across the Fraser Valley asks only for cash donations in 2020

Abbotsford’s Chase Claypool celebrates with teammates after scoring a touchdown on Sunday. (Karl Roser/Pittsburgh Steelers)
Abbotsford’s Chase Claypool scores 10th touchdown

First wide receiver since 1960 to record 10 touchdowns in 10 games, Steelers still unbeaten

Former BC Lion Angus Reid was the keynote speaker at the 10th annual National Philanthropy Day lunch in Abbotsford on Nov. 16.
Three awards presented at National Philanthropy Day lunch

Event in Abbotsford honours those who have made a difference

People wearing face masks to help curb the spread of COVID-19 cross a street in downtown Vancouver, on Sunday, November 22, 2020. The use of masks is mandatory in indoor public and retail spaces in the province. THE CANADIAN PRESS/Darryl Dyck
B.C. reports 17 COVID deaths, 1,933 new cases as hospitalizations surge over the weekend

There are 277 people in hospital, of whom 59 are in ICU or critical care

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

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

Workers arrive at the Lynn Valley Care Centre seniors home, in North Vancouver, B.C., on Saturday, March 14, 2020. It was the site of Canada’s first COVID-19 outbreak in a long-term care facility. THE CANADIAN PRESS/Darryl Dyck
Rapid tests ‘not a panacea’ for care homes, Dr. Bonnie Henry says

B.C. lacks capacity for daily tests of thousands of workers

(Delta Police Department photo)
Cannabis edibles found in Halloween bag lead B.C. police to illegal lab

Delta police arrested a man and a woman while executing a warrant at a residential property Nov. 20

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

A woman being arrested at a Kelowna Value Village after refusing to wear a mask on Nov. 22.(@Jules50278750/Twitter)
VIDEO: Woman arrested for refusing to wear mask at Kelowna Value Village

RCMP claims the woman was uncooperative with officers, striking them a number of times and screaming

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

B.C. Liberal MLA Shirley Bond questions NDP government ministers in the B.C. legislature, Feb. 19, 2020. (Hansard TV)
Cabinet veteran Shirley Bond chosen interim leader of B.C. Liberals

28-member opposition prepares for December legislature session

Motorists wait to enter a Fraser Health COVID-19 testing facility, in Surrey, B.C., on Monday, November 9, 2020. THE CANADIAN PRESS/Darryl Dyck
COVID-19: What do rising positivity rates mean for B.C.? It’s not entirely clear

Coronavirus cases are on the rise but the province has not unveiled clear thresholds for further measures

Most Read