Canada strikes down proposed permitting regime
A lawyer for the federal government says the proposed amendments to B.C.’s Environmental Management Act must be struck down because Ottawa has sole jurisdiction over interprovincial projects.A lawyer for the federal government says British Columbia is overreaching with an unconstitutional effort to regulate oil and gas shipments through its lands and waters.
Lawyer Jan Brongers says the Canadian government agrees that environmental protection is of critical importance and that there’s a need for robust regulatory regimes.However, he says the proposed amendments to B.C.’s Environmental Management Act must be struck down because Ottawa — not the provinces — has sole jurisdiction over interprovincial projects.
The province has argued it’s not trying to block Trans Mountain or any other resource project, but is aiming to protect against ecological harm and require companies to pay for damages. Assembly of First Nations lawyer Julie McGregor called on the court to ensure that its ruling respects and incorporates the rights of Indigenous Peoples to make decisions about their territories.
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