Top court’s TMX decision a ‘slap-down’ for B.C., Alberta government says

The Supreme Court of Canada has delivered its verdict on B.C.'s attempt to challenge the Trans Mountain expansion project — and its decision was music to the Government of Alberta's ears.

The Government of Alberta has declared victory after the Supreme Court of Canada dismissed B.C.'s attempt to block the Trans Mountain expansion project Thursday.

The British Columbia government's appeal represented one of many legal hurdles for the delayed and embattled expansion project, and its dismissal quickly drew a positive statement from Alberta Premier Jason Kenney.

Kenney said the ruling validated the Alberta government's belief that the regulation of interprovincial infrastructure should be authorized exclusively by the federal government.

“This could not be a stronger affirmation of Alberta's position,” he said Thursday.

“I really believe 2020 is going to be a good year, a turnaround year, for Alberta.”

The decision at the Supreme Court today is a big win for the Trans Mountain pipeline, and a big win for Alberta.

Let's get it built! pic.twitter.com/bdXuGBewbg

—@jkenney

Ruling ‘a real slap-down' for B.C., Alberta minister says

The B.C. NDP government had drafted amendments to provincial environmental law to all but ban interprovincial shipments of heavy oil — bitumen and diluted bitumen — and other “hazardous substances” through pipelines, including the Crown-owned Trans Mountain expansion project.

The amendments would have required companies transporting these substances through B.C. to first obtain provincial permits.

The Supreme Court echoed many of arguments made previously by the five judges on the B.C. Court of Appeal, who ruled unanimously last spring that the B.C. government stepped into federal jurisdiction by imposing conditions on a project that crosses provincial boundaries.

At a news conference Thursday in Calgary, Alberta's Minister of Energy  Sonya Savage described the court's decision as a “victory” for Albertans and Canadians alike — but reserved strong words for the B.C. government.

“It was a real slap-down of one province that was trying to block a project that has been determined to be in the national interest,” Savage said.

“It was a clear and decisive decision that sets out a clear message to … all governments that they need to stay in their own lane.”

B.C. Premier John Horgan — who has sought to stop construction of the expansion — said in a statement that he was disappointed by the court's decision, which effectively ends the province's litigation.

“This does not reduce our concerns regarding the potential of a catastrophic oil spill on our coast. When it comes to protecting our coast, our environment and our economy, we will continue do all we can within our jurisdiction,” he said.

Decision gets seal of approval from energy sector

For Canada's largest oil and gas lobby group, the Supreme Court's decision represents another victory in what has been an uphill battle to get the pipeline built.

Tim McMillan,  president and CEO of the Canadian Association of Petroleum Producers (CAPP), issued a statement saying the organization is “pleased, but not surprised” by the ruling against B.C.'s appeal — which it described as “a challenge that was intended to block the Trans Mountain expansion pipeline.”

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“This is a project that has undergone historic levels of consultation, reviews and court challenges, and at each turn has been found to be in the best interests of all Canadians,” McMillan said in the statement. 

“It is time to unite behind the completion of this nation-building project so Canadians can start to benefit from selling our responsibly produced resources to global markets.”

A separate Federal Court of Appeals case on the project, which considers Indigenous issues, is still pending.

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