Pipelines and railways that cross provincial boundaries, in Canada, are under the authority of the federal government, but B.C. argues that it has a responsibility to protect the environment within its borders
The province is seeking judicial approval of draft regulations that would allow it to limit any increase of heavy oil being transported through the province, whether by pipeline, rail or highway.The federal government will argue the proposed regulations aim to frustrate its right to oversee the pipeline expansion that it has declared to be in the national interest.
But after forming government, the new administration was briefed on the limits of provincial jurisdiction. “It became clear, through listening to legal advice, that we did not have the authority to stop a project that had been approved by the federal government," B.C. Environment Minister George Heyman said in 2018.
“The issue in this reference is how Canadian federalism reconciles these provincial responsibilities with federal authority over interprovincial transportation undertakings,” B.C. argues. “The risks of such harm are too serious, too pervasive and too interrelated with provincial responsibilities to be of exclusively federal concern.”The trial is set to run seven days. Given the stakes, it is likely to be challenged to a higher court regardless of the outcome.
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