A five-judge Appeal Court panel agreed unanimously that B.C.’s proposed legislation was not constitutional
VANCOUVER — A court has ruled that British Columbia cannot restrict oil shipments through its borders in a decision that marks a win for the Trans Mountain pipeline expansion and Alberta’s efforts to get its resources to overseas markets.
Justice Mary Newbury wrote on behalf of the panel that the substance of the proposed amendments were to place conditions on and, if necessary, prohibit the movement of heavy oil through a federal undertaking. “This alone threatens to usurp the role of the , which has made many rulings and imposed many conditions to be complied with by Trans Mountain for the protection of the environment.”
She said the National Energy Board is the body entrusted with regulating the flow of energy resources across Canada to export markets, and it has already imposed many conditions on Trans Mountain. The permit application would have had to detail the risks to human health and the environment from a spill, plans to mitigate those risks and financial measures, including insurance, that ensured payment of cleanup costs.
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