The Government of British Columbia’s request for an injunction against Bill 12, Alberta’s so-called ‘turn-off-the-taps’ law, was heard in a Calgary courtroom Friday but a ruling on the matter has been deferred.
The legislation, previously passed by the former NDP government, would allow Alberta to cut off oil and gas exports if it stands in the way of a major pipeline expansion to the west coast.
Alberta Premier Jason Kenney’s United Conservative Party proclaimed the law into force shortly after winning this year’s provincial election.
Kenney says he doesn’t intend to use the legislation, but he will take action if B.C. continues to put up roadblocks and challenges to the Trans Mountain Pipeline expansion.
B.C. lawyers argue the law is “unconstitutional” because it restricts trade across provincial boundaries.
Bill 12 gives Alberta’s energy minister the power to decide how much fuel is exported to other provinces, how it is transported, and whether shipments should be stopped. The law also requires exporters to obtain licences.
Even if B.C. is found not to have any standing in Alberta court, it already filed a second lawsuit earlier this month in Federal court.
B.C. Premier John Horgan also says his province may join renewed federal legal challenges of the Trans Mountain Pipeline.
The project was first approved by the federal government in 2016 and would triple the bitumen capacity flowing from Edmonton to a port in Burnaby. It would allow Canada to sell its oil resources to new markets across the Pacific.
Trans Mountain was purchased by the federal government in 2018 for $4.5 billion after its previous owner and builder, Kinder Morgan, threatened to walk away from the expansion project amid B.C.’s resistance.
A short time after that purchase, the Federal Court of Appeal quashed the approval, demanding more consultations with First Nations and a study into the pipeline’s potential impact on marine wildlife.
The project was approved for a second time by the federal cabinet last week.
The Alberta Court of Queen’s Bench Justice Robert Hall has deferred his ruling on the injunction request
With files from The Canadian Press
