A Suncor plant is shown in the oilsands in Fort McMurray Alta, on Monday, June 13, 2017. The Federal Court of Appeal has ruled that Alberta has the right to control the amount and destination of oil and other fuels flowing through its pipelines. THE CANADIAN PRESS/Jason Franson

A Suncor plant is shown in the oilsands in Fort McMurray Alta, on Monday, June 13, 2017. The Federal Court of Appeal has ruled that Alberta has the right to control the amount and destination of oil and other fuels flowing through its pipelines. THE CANADIAN PRESS/Jason Franson

Federal Appeal Court tosses B.C. injunction over Alberta’s turn-off-the-taps law

Alberta Energy Minister Sonya Savage said in a statement the government is pleased with the court’s decision

The Federal Court of Appeal has set aside an injunction granted to British Columbia in its constitutional fight over Alberta’s so-called turn-off-the-taps legislation, saying the dispute is more theoretical than real.

A lower court suspended Alberta’s Preserving Canada’s Economic Prosperity Act in 2019 and granted B.C. a temporary injunction blocking the law until the courts could decide if it was valid.

Alberta brought in the law to give it control over the export of its crude at the height of a dispute between the two provinces over construction of the Trans Mountain pipeline.

Alberta appealed the ruling, which a three-judge panel set aside in a decision released Tuesday that also ordered B.C. to pay Alberta’s court costs.

B.C. had argued in the Federal Court that the law would cause the province irreparable harm, but the higher court says granting B.C. the injunction is “premature” because Alberta hasn’t yet used the legislation.

The court says without regulations and a licensing scheme from Alberta, the court should not assess the constitutional validity of the law on the basis that it allows discrimination in the supply of fuels to B.C.

“Until Alberta imposes restrictions on exports through action taken pursuant to the act, a (constitutional) dispute has yet to arise and may not arise at all. Put otherwise, the dispute as it currently stands remains more theoretical than real,” the decision says.

The three judges relied on different reasons to reach the same conclusion in the decision.

Alberta Energy Minister Sonya Savage said in a statement that the government is pleased with the court’s decision.

“We remain committed to standing up for Alberta, including protecting the value of our natural resources.”

The Trans Mountain expansion will triple the amount of oil flowing from the Edmonton area to B.C.’s Lower Mainland and from there to markets overseas.

The Canadian Press

oil and gas

Just Posted

Robert’s column
Robert Barron Column: Poachers in forest reserve should be treated harshly

‘Poachers need to be rounded up and prosecuted as soon as possible’

Can you dig it? Crofton In Bloom volunteers certainly can. From left: Trayci Lepp, Tony Lamley, Bonnie Lamley, Mary Patient and Jane Grueber. (Photo by Don Bodger)
Community pride grows from volunteer group’s beautification efforts

All ages contribute to Crofton In Bloom’s objectives

An object in motion stays in motion. An object at rest stays at rest. (Sarah Simpson/Citizen)
Sarah Simpson Column: This mother is grinning and bearing it

News broke the other day that, after months in hibernation, Grouse Mountain’s… Continue reading

An online cooking lesson with Ian Blom, the Red Seal Chef from the Ainslie Restaurant, is one of the items on auction in a fundraiser for the Duncan Curling Club and other causes. (Submitted photo)
Online action being held to assist Duncan Curling Club and other causes

Auction, run by the Duncan Rotary Club, closes May 22

Daily confirmed COVID-19 cases reported to B.C. public health, seven-day rolling average in white, to May 12, 2021. (B.C. Centre for Disease Control)
B.C. preparing ‘Restart 2.0’ from COVID-19 as June approaches

Daily infections fall below 500 Friday, down to 387 in hospital

On Friday, May 14 at Meadow Gardens Golf Club in Pitt Meadows, Michael Caan joined a very elite club of golfers who have shot under 60 (Instagram)
Crowds at English Bay were blasted with a large beam of light from an RCMP Air-1 helicopter on Friday, May 14. THE CANADIAN PRESS/Marc Grandmaison
Police enlist RCMP helicopter to disperse thousands crowded on Vancouver beach

On Friday night, police were witness to ‘several thousand people staying well into the evening’

Sinikka Gay Elliott was reported missing on Salt Spring Island on Wednesday, May 12. (Courtesty Salt Spring RCMP)
Body of UBC professor found on Salt Spring Island, no foul play suspected

Sinikka Elliott taught sociology at the university

The first Black judge named to the BC Supreme Court, Selwyn Romilly, was handcuffed at 9:15 a.m. May 14 while walking along the seawall. (YouTube/Screen grab)
Police apologize after wrongly arresting B.C.’s first Black Supreme Court Justice

At 81 years old, the retired judge was handcuffed in public while out for a walk Friday morning

Queen Elizabeth II and Clive Holland, deputy commonwealth president of the Royal Life Saving Society, top left, virtually present Dr. Steve Beerman, top right, with the King Edward VII Cup for his drowning-prevention work. Tanner Gorille and Sarah Downs were honoured with Russell Medals for their life-saving resuscitation. (Buckingham Palace photo)
Queen presents Vancouver Island doctor with award for global drowning prevention

Dr. Steve Beerman receives Royal Life Saving Society’s King Edward VII Cup at virtual ceremony

Former UFV Cascades wrestling coach Arjan Singh Bhullar is now the ONE heavyweight champion after defeating Brandon Vera via TKO in round two on Saturday in Singapore. (ONE Championship)
Former UFV wrestling coach wins MMA championship

Arjan Singh Bhullar captures ONE heavyweight title, first Indian origin fighter to achieve honour

Astra Zeneca vaccine waits for injection in a Feb. 3, 2021 file photo. A Langley man has become the second B.C. resident to suffer a blood clot following an injection. (AP Photo/Frank Augstein)
B.C. man required emergency surgery after AstraZeneca vaccination

Shaun Mulldoon suffered ‘massive blood clot’ after jab

Chilliwack’s Kile Brown, performing as drag queen Hailey Adler, dances and lip syncs in front of hundreds of people during the inaugural Chilliwack Pride Barbecue at the Neighbourhood Learning Centre on Aug. 24, 2019. Monday, May 17 is International Day Against Homophobia, Transphobia and Biphobia. (Jenna Hauck/ Chilliwack Progress file)
Unofficial holidays: Here’s what people are celebrating for the week of May 16 to 22

International Day Against Homophobia, Talk Like Yoda Day, Sea Monkey Day all coming up this week

Most Read