Close X
Sunday, November 24, 2024
ADVT 
National

Trans Mountain Court Hearing: B.C. Says It Won't Reject Pipelines Without Cause

Darpan News Desk The Canadian Press, 19 Mar, 2019 07:57 PM

    VANCOUVER — 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.


    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.

    MORE National ARTICLES

    Abbotsford Gang Member PASHMINDER BOPARAI On The Run Since Last Month Nabbed In Kelowna

    Pashminder Boparai, the subject of a nationwide arrest warrant, was apprehended late last night near Kelowna and is in custody.

    Abbotsford Gang Member PASHMINDER BOPARAI On The Run Since Last Month Nabbed In Kelowna

    Youth Worker Charged With Child Pornography, Sex Assault In Maple Ridge, B.C.

    A man who worked with children and youth at several schools in British Columbia's Lower Mainland is facing sexual assault and child pornography charges.

    Youth Worker Charged With Child Pornography, Sex Assault In Maple Ridge, B.C.

    Tory Leader Andrew Scheer Issues New Statement On Attacks Including Mention Of Muslims

    The statement does not mention Scheer by name but he is the only Canadian political leader whose public response to the attacks did not mention either Muslims or mosques.    

    Tory Leader Andrew Scheer Issues New Statement On Attacks Including Mention Of Muslims

    Quebec City Mosque Shooter Alexandre Bissonnette 'Very Affected' By New Zealand Massacre: Lawyers

    Lawyers for the Quebec City mosque gunman say their client is troubled his name is being associated with the mass killings at two New Zealand mosques Friday that claimed at least 49 lives.

    Quebec City Mosque Shooter Alexandre Bissonnette 'Very Affected' By New Zealand Massacre: Lawyers

    Team 4549B: The future of Robotics

    In early March, the team won the BC provincial championship; they were named Tournament Champion and Robot Skills Challenge Champion, and won the Excellence Award. The team will soon be taking part in the World Championship in Kentucky, Louisville in USA. 

    Team 4549B: The future of Robotics

    28-Year-Old White Supremacist Australian Man Kills 49 In New Zealand's Christchurch Mosques Massacre

    At least 49 people were killed when gunmen said to be whites opened indiscriminate fire at two mosques in Christchurch city on Friday in what a shocked New Zealand Prime Minister Jacinda Ardern said was a terror attack.

    28-Year-Old White Supremacist Australian Man Kills 49 In New Zealand's Christchurch Mosques Massacre