March 19, 2019 4:11 pm
Updated: March 19, 2019 4:17 pm

At Trans Mountain court hearing, B.C. says it won’t reject pipelines without cause

Pipes are seen at the Kinder Morgan Trans Mountain facility in Edmonton on April 6, 2017.


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.

READ MORE: B.C. argues it cannot stop Trans Mountain pipeline expansion, but it can protect environment

The governments of Canada, Alberta and Saskatchewan say Ottawa – not provinces – has jurisdiction over inter-provincial projects such as the Trans Mountain pipeline expansion.

WATCH: B.C. bid to control Trans Mountain shipments

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.

READ MORE: B.C. Court of Appeal to hear province’s challenge of Trans Mountain pipeline expansion Monday

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.

© 2019 The Canadian Press

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