Trans Mountain pipeline Anchor Loop project, completed through Jasper National and Mt Robson Provincial Parks in 2008. (Black Press Media files)

VIDEO: B.C. gets injunction against Alberta’s ‘turn-off-the-taps’ law

Judge says bill must be blocked until courts can decide validity

A Federal Court judge has granted the B.C. government a temporary injunction against an Alberta law that could have limited oil exports to other provinces.

In a decision released Tuesday, Justice Sebastien Grammond said Alberta’s so-called turn-off-the-taps legislation raises a serious issue.

“British Columbia … has demonstrated that an embargo of the nature evoked by the members of Alberta’s legislature when debating the act would cause irreparable harm to the residents of British Columbia.”

The B.C. government initially brought the action before Alberta’s Court of Queen’s Bench, which passed it to the Federal Court.

Alberta tried to strike the action by arguing that it wasn’t in the jurisdiction of the Federal Court, but the judge dismissed that motion. Grammond said B.C. has met the test for blocking the law until the courts can decide its validity.

READ MORE: Alberta judge denies B.C.’s bid to block ‘Turn Off the Taps’ bill

B.C. Attorney General David Eby said he’s pleased the case will be going to trial.

“We think it’s quite a straightforward case, but the ultimate decision will, of course, be up to the court,” he told reporters in Vancouver, adding that B.C. doesn’t believe Alberta can restrict the flow of refined product to other provinces to punish them for political positions it doesn’t like.

Alberta Premier Jason Kenney said they’re reviewing the decision to determine whether to appeal or make changes to bring the law into compliance.

“We as a government will do everything that we can within the law to protect the value of our natural resources,” he told reporters in Edmonton.

The turn-off-the-taps legislation gives Alberta the power to crimp energy exports from the province.

The law was passed, but never used, by Alberta’s former NDP government as a way to put pressure on B.C. to drop its fight against the Trans Mountain oil pipeline expansion to the West Coast.

The new United Conservative government proclaimed it into force shortly after Kenney was sworn into office in April, but he had said it wouldn’t be used unless B.C. throws up further roadblocks to the pipeline.

B.C. had called the law a loaded gun and asked the courts to make sure it didn’t accidentally go off.

Grammond said in his decision that members on both sides of the Alberta legislature explained the law’s purpose in relation to the B.C. government’s actions on the Trans Mountain expansion project.

“These statements make it abundantly clear that the purpose of the act is to inflict economic harm to British Columbia,” he said.

An embargo, he said, would not only cause a considerable increase in the price of gas and diesel in the province, but any fuel shortages could also endanger public safety.

The Trans Mountain expansion, first approved in 2016, would triple the amount of oil flowing from the oilsands to B.C.’s Lower Mainland and from there to lucrative new markets across the Pacific.

The Canadian Press

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Cody Dennis Memorial Game returns to Blackfalds for 16th year

Memorial game raises funds for Blackfalds Minor Hockey

Lacombe’s Cow Patti Theatre, LPAC team up for youth production of ‘Much More Munsch’

Youth ages 8-17 have been rehearsing original play since November

PHOTOS: Lacombe’s Nowco Home Hardware donates to Safe Harbour Society

Two large loads of warm clothing, mitts and McDonald’s gift cards donated

Lacombe County, Summer Village of Gull Lake sign Intermunicipal Collaboration Framework

Agreement specifies what and how services are funded and delivered

Wolf Creek Public Schools board meeting – Jan. 16, 2020

MLA Luncheon, Poverty Simulation, Rock the Diploma and more discussed

VIDEO: Nickelback gears up for nostalgia tour

Canadian band joins Stone Temple Pilots for a summer tour that includes just one stop in Canada

Canadian law firm launches class action on behalf of Iran flight victims

Flight 752 was shot down by Iran shortly after take off

Energy companies owe more than double the tax to Alberta municipalities

Survey says communities are owed $173 million — up 114% since last spring

No gondola from Banff to Mount Norquay, feds say

Parks Canada dismisses proposal for gondola, Grizzly Pavilion and boardwalks

U.S. officials confirm first case of Wuhan coronavirus near Seattle

The U.S. is the fifth country to report seeing the illness

Nine times lucky? Alberta’s Northern Cree takes another shot at Grammy gold

The group originates from the Saddle Lake Cree Nation in northern Alberta

Tax revolt? Unpaid taxes from energy companies to Alberta towns more than double

The association says they are owed a total of $173 million

New post-secondary funding model in Alberta tied to performance measures

By 2022, up to 40 per cent of post-secondary funding could be linked to performance

Alberta bulldog breeder ordered to refund B.C. buyer over puppy’s behaviour

Tribunal ruled a verbal agreement to send a new dog superseded the written contract

Most Read