Five takeaways from the Court of Appeal ruling on B.C.’s pipeline law

Below is an excerpt from the original Canadian Press article where each takeaway is accompanied by an analysis.

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Kinder Morgan’s Trans Mountain marine terminal, in Burnaby, B.C. Photograph By JONATHAN HAYWARD / THE CANADIAN PRESS

VANCOUVER — The British Columbia Court of Appeal ruled Friday that the province did not have the authority to restrict shipments of diluted bitumen through its borders. Here are five takeaways from the decision and its impacts:

1. Provinces cannot bring in legislation that interferes with the federal government’s exclusive jurisdiction over interprovincial pipelines.

2. The court found B.C.’s legislation was aimed directly at the Trans Mountain pipeline expansion.

3. B.C. still wants to take its chances before the Supreme Court of Canada.

4. Alberta Premier Jason Kenney and former premier, Rachel Notley, are celebrating the decision as a win for the province.

5. It’s unclear how many tools are left in B.C.’s toolbox to fight the project.

[B.C. Attorney General David] Eby did not directly answer a question about what else his government would do to oppose the pipeline, as he maintained B.C.’s legislation was about protecting its environment and that the Supreme Court of Canada would have the final say. But Peter McCartney, a climate campaigner with the Wilderness Committee, said there was plenty B.C. could do to halt or delay the project, including adding conditions to its provincial environmental certificate or ordering a public health and safety review of the project. SOURCE

Saskatchewan, Ottawa carbon tax case ‘monumental’ for Constitution: expert

REGINA — Legal experts, government officials and industry leaders will all watch this week as Saskatchewan and Ottawa head to court over the constitutionality of a federally imposed carbon tax.

The federal government is set to impose a carbon levy on provinces that do not have one of their own starting in April.

Ottawa’s price on pollution starts at a minimum of $20 a tonne and rises $10 annually until 2022.

The Saskatchewan Party government has always been opposed to the idea. The province says the tax would hurt the economy and feels its own plan for emissions reductions is sufficient. SOURCE

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