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A court challenge by the BC government over the Alberta Fuel Consumption Restraint Act was dismissed by a Calgary judge who said the BC brought the case to court prematurely.
BEFORE CHRIST. On May 22, 2018, Attorney General David Eby filed a statement with the Alberta Court of Queen's Bench, challenging the constitutionality of the province's law on preserving the economic prosperity of the province. Alberta (Act 12).
Alberta introduced the bill in the midst of extreme tension with BC government opposition John Horgan at the Trans Mountain Pipeline. Under the law, Alberta Energy Minister Margaret McCuaig-Boyd can decide if a company needs an export license to send oil and gas out of Alberta. – and herself, whether she gives it or not.
The lawsuit stated that the Alberta law was unconstitutional because it was intended to punish British Columbia. by limiting exports of combustible products.
On Friday, Calgary Judge R. J. Hall quashed the challenge because the law had not yet been proclaimed and is unenforceable.
"For the court to consider such a request, the law must first be in force," Hall wrote.
The province argued that the claim was "premature and inappropriate for judicial review". However, if Alberta were to pbad the law, Mr. Hall said that British Columbia could submit a new application.
"We are delighted that this challenge has been overturned by the court and that it continues to fight for fair value and access to the market for our resources," McCuaig-Boyd said in a statement, Saturday. "This law remains available if necessary. In the meantime, we are encouraged by the NEB decision on Friday and are taking decisive action to move more oil by rail until new pipelines are built. "
BEFORE CHRIST. "Can not replace the offer"
The court's decision notes an affidavit filed on behalf of the British Columbia Ministry of Energy, Mines and Petroleum, which states that 55% of British Columbia's gasoline and 71% of its diesel are imported from refineries in Alberta, the majority pbading through the mountain Trans Pipeline averaging eight million liters per day.
"The affidavit goes on to say that British Columbia can not replace this supply from viable sources," reads the decision. "It is said that Alberta's supply cuts will lead to shortages in British Columbia and that this could lead to price increases, lack of supply and civil unrest in British Columbia. British."
NEB recommends Trans Mountain approval
The judicial proceedings took place on the same day that the National Energy Board recommended the approval of the Trans Mountain Pipeline Project, from Alberta to the West Coast, providing the federal government with 16 additional recommendations in addition to the 156 conditions proposed in its previous recommendations. .
The Board has announced that Trans Mountain's expansion project, valued at 590,000 barrels per day, could have "significant adverse environmental effects" on West Coast wildlife and wildlife. marine wildlife, but that it remains in the national interest.
-with Geoffrey Morgan files
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