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Sask. premier calls B.C. legal question on pipelines a stalling tactic

Pipes are seen at the Kinder Morgan Trans Mountain facility in Edmonton, Alta., Thursday, April 6, 2017.
Pipes are seen at the Kinder Morgan Trans Mountain facility in Edmonton, Alta., Thursday, April 6, 2017. THE CANADIAN PRESS/Jonathan Hayward

The situation involving Kinder Morgan’s delayed Trans Mountain Pipeline expansion continues, as British Columbia filed a reference question to the province’s Court of Appeals April 26.

B.C. is asking whether it can pass legislation which would require companies to obtain permits from the provincial government before increasing the flow of bitumen through the province.

“We believe British Columbia has the legal authority to regulate the movement of such substances through the province by permit. Others disagree,” B.C. Attorney General David Eby said.

“This is a question that deserves an answer and certainty.”

READ MORE: B.C. government asking courts to rule on new permitting system to restrict bitumen flow

Last week, Alberta introduced legislation to bring export permits to their oil exports. Saskatchewan introduced a similar legislation on April 23 with a goal to put pressure on B.C. by stopping energy exports to that province.

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“The government of British Columbia is using whatever tactics they can to slow or stop or stall investment into the Trans Mountain Pipeline, which is under the federal responsibility, not the province of British Columbia’s Responsibility,” Saskatchewan Premier Scott Moe said.

If the court sides with B.C., it could jeopardize the future of the $7.4 billion pipeline expansion. Kinder Morgan has given the federal government a May 31 deadline to ensure the project will go ahead.

B.C. Premier John Horgan said that a potential pipeline spill could put tens of thousands of jobs at risk, in addition to billions in GDP.

“We believe B.C. has every right to protect its citizens, protect its environment and protect its economy,” Horgan said.

Moe said he spoke with Horgan on the phone recently. He said they had a frank discussion about the Trans Mountain pipeline, and while they disagree on some issues, they recognize that the law of the land must be recognized.

READ MORE: Sask. aims to introduce export permits for oil and gas due to B.C.’s Trans Mountain delays

Opposition NDP Leader Ryan Meili said if he was speaking to Horgan he would say to let the project move ahead.

“This seems like a bit of a hail Mary pass to just try and delay things further when there is I think quite a bit of clarity on the constitutionality of this project going forward through B.C.,” Meili said.

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Moe also reiterated calls for the federal government to deny B.C. infrastructure funding in order to put more pressure on the federally-approved pipeline expansion moving ahead. Moe said this is what Ottawa is doing with $62 million in green infrastructure funding due to Saskatchewan not signing the Pan-Canadian Framework on Climate Change.

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