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B.C. government takes pipeline question to court

Province wants permission to stop bitumen transport without permit and environmental plan
PIPELINE

The B.C. government filed a reference question with the B.C. Court of Appeal this morning to find out whether it has jurisdiction to regulate hazardous materials coming into the province, including oil carried by pipeline.

The question asks if the province can create a law that requires those transporting hazardous materials like diluted bitumen to obtain a hazardous substance permit. Getting a permit would mean meeting a set of environmental requirements, including information on risks to human health and the environment, and how the company would prevent and clean up after a spill.

The government is also asking for the power to file a restraining order against anyone who transports heavy oil above a certain quantity without a permit. Those who violate that law could see fines of up to $400,000 or six months in prison.

This reference question will now go to the B.C. Court of Appeal, asking for the court to weigh in on the government of British Columbia’s rights to make laws around protecting against bitumen spills.

Attorney General David Eby said the government is asking the courts whether it has the jurisdiction to control substances coming in to B.C. that could harm the environment, regardless of how that substance enters the province, and whether these laws could be overruled by the federal government.

“We believe B.C. has the ability to regulate movement of these substances through the province,” he said. “This reference question seeks to confirm the scope and extent of provincial powers to regulate environmental and economic risks related to heavy oils like diluted bitumen.”

Eby said the question purposely excludes language about tankers because they are under federal jurisdiction.

But the question is unlikely to be answered for the deadline for “final clarity” by May 31 Kinder Morgan has set as the deadline to go forward with the Trans Mountain pipeline expansion.

Premier John Horgan noted that his government announced in February that they would be referring to a higher court to confirm the province has jurisdiction over creating environmental protections.

“I don’t work for Kinder Morgan, I work for the people of British Columbia,” he said. “The fact a press release was issued from a Texas boardroom giving a deadline to parties in British Columbia, stakeholders as they called them, is entirely their business, and I have no quarrel with that. We have set ourselves on a course to protect and defend the interests of the people of B.C. and I’m going to continue to do that.”

Provincial environment minister George Heyman said the province is looking at how to protect the economy and the environment by having effective spill prevention, response and recovery measures in place.

“A single spill of diluted bitumen would put at risk tens of thousands of jobs across B.C. We have a responsibility to ensure that every measure to reduce risk is in place, and that those responsible for spills are held accountable for fixing any environmental damage they cause,” Heyman said.

The provincial government announced in February that constitutional lawyer John Arvay would be creating the legal reference question that looks at the provincial government’s plans to create four bitumen spill safeguards, including spill response time, geographic response plans, compensation for loss of public and cultural use of land, and regulating marine spills.

Under the proposed legislation, to obtain a permit, the company would be required to: provide information on the risks to human health or the environment and the types of impacts and financial cost if that substance were released; demonstrate they have appropriate measures to prevent the release and respond quickly and properly; give funds to effected First Nations and local governments to ensure they have the ability to address a spill; and agree to compensate people, governments and First Nations for any damages if the hazardous substance is released.