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Federal government to intervene in B.C. pipeline case

Court asked if province has right to create laws that require permit for hazardous material transportation
Jody Wilson-Raybould
Minister of Justice and Attorney General of Canada Jody Wilson-Raybould.

The federal government is signing up to battle the provincial government in court over whether B.C. can stop an increase in heavy oil shipments moving through the province.

Justice Minister Jody Wilson-Raybould announced today the federal government would be applying to intervene in the constitutional reference question B.C filed last week. That question asks whether B.C. has the jurisdiction to create a law that requires those who transport hazardous materials, like diluted bitumen, to obtain a permit. Getting that permit would mean meeting a series of environmental requirements, including a risk assessment and plans to prevent and clean up after a spill.

“We are confident in Parliament’s jurisdiction and will intervene on the question in order to defend our clear jurisdiction over interprovincial pipelines,” Wilson-Raybould said in a statement.

B.C. Attorney General David Eby said last week the province believes they have the jurisdiction to control substances coming into B.C. that could harm the environment.

The B.C. Court of Appeal is aware of the federal government’s intentions to intervene, and this may be discussed at the first case management meeting next month.

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