The decision is a blow to the efforts of B.C. Premier John Horgan to ‘use every tool in the toolbox’ to block the Trans Mountain pipeline
CALGARY – British Columbia’s top court has ruled the province cannot restrict heavy oil shipments across its borders in a decision that is a major legal victory for Ottawa, Alberta and the Trans Mountain pipeline project.
“At the end of the day, the is the body entrusted with regulating the flow of energy resources across Canada to export markets,” Justice Mary Newbury wrote in her decision, which also noted “the TMX project is not only a ‘British Columbia project’.” “We will be exercising our right to appeal this to the Supreme Court of Canada,” B.C. Attorney General David Eby said following the ruling, adding the cost of the appeal would be a fraction of the cost of a potential oil spill.
Alberta Premier Jason Kenney said in a release that the unanimity of the decision means the “time for obstruction of the TMX pipeline is now over” and the long-delayed pipeline project should move forward. “This is still a pretty uncertain environment,” said Tristan Goodman, president of the Explorers and Producers Association of Canada, which represents mid-sized oil and gas producers. He said Ottawa has a number of decisions to make in the coming weeks, including the decision on whether to re-approve TMX and whether to pass Bill C-69, a controversial new law related to pipeline regulation being amended in the Senate.
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