The B.C. government is challenging the constitutionality of an Alberta bill that, if passed, could allow that province’s premier to restrict the export of refined oil into this province.
The claim was filed Tuesday, as the latest volley in the neighbouring province’s feud over the controversial Kinder Morgan pipeline expansion.
Here's the full challenge. @Dave_Eby says if Alberta actually uses Bill 12 and does restrict oil into B.C., province prepared to file an injunction. https://t.co/p3zBaQUZSX
— Ashley Wadhwani (@ashwadhwani) May 22, 2018
Bill 12, also known as the Preserving Canada’s Economic Prosperity Act, was tabled last week.
At the time, Premier Rachel Notley said she’s willing to “turn off the taps” if there is no progress on the twinning pipeline, but wouldn’t specify a timeline or confirm whether Alberta will follow through with turning off the taps.
B.C. Attorney General David Eby said the challenge comes after his government failed to convince Alberta to refer their law to the courts.
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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.
Eby denied allegations that B.C. is trying to delay the pipeline, and instead is looking looking for environmental protections.
Bill 12, however, is meant to punish B.C., he said.
Eby questioned why Alberta would take the time draft a law only for B.C. to challenge it, instead of looking to the provincial or federal judge to make the ruling.
“Why don’t we just go to the source?” he said.
If Alberta chooses to restrict oil transports to B.C. gas pumps, Eby said, the province is prepared to ask a judge to make an order against it through an injunction.
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 since January. B.C. argues that the risk of a spill is too great for the province’s environment and economy and would like to further study its impacts before the pipeline’s construction begins.
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.
@ashwadhwani
ashley.wadhwani@bpdigital.ca
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