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

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

Mackenzie Ashley-Lynn Gilfillan was last seen Jan. 10 in the 45000-block of Menholm Road. (RCMP photo)
RCMP asking for help to find missing Chilliwack woman

Mackenzie Ashley-Lynn Gilfillan was last seen Jan. 10 in the 45000-block of Menholm Road

Chilliwack Chiefs
Chilliwack Chiefs acquire forward Ben Woodhouse from Wellington Dukes

The BCHL club swapped future considerations to the Dukes for the 20-year-old forward

Chilliwack is still one of B.C.’s COVID hot-spots, according to the latest weekly numbers from the B.C. Centre for Disease Control.
Chilliwack records 140 COVID cases over seven-day period

Chilliwack’s case count per 100,000 people is among the highest in the province

An Abbotsford man was killed in a motor vehicle accident on Highway 3 on Monday, Jan. 18. (Black Press file photo)
Abbotsford man killed in Highway 3 crash near Hedley

Fatality was discovered by passing tow truck driver

Light boxes installed recently near Five Corners, seen here on Jan. 18, 2021. (Paul Henderson/ Chilliwack Progress)
Mystery of the large light boxes in downtown Chilliwack revealed

Some suggested ‘warming stations’ for the homeless; others guessed ‘public art’ installations

Provincial health officer Dr. Bonnie Henry prepares a daily update on the coronavirus pandemic, April 21, 2020. (B.C. Government)
B.C. adjusts COVID-19 vaccine rollout for delivery slowdown

Daily cases decline over weekend, 31 more deaths

A female prisoner sent Langford police officers a thank-you card after she spent days in their custody. (Twitter/West Shore RCMP)
Woman gives Victoria-area jail 4.5-star review in handwritten card to police after arrest

‘We don’t often get thank you cards from people who stay with us, but this was sure nice to see’: RCMP

An elk got his antlers caught up in a zip line in Youbou over the weekend. (Conservation Officer Service Photo)
Elk rescued from zip line in Youbou on Vancouver Island

Officials urge people to manage items on their property that can hurt animals

A Trail man has a lucky tin for a keepsake after it saved him from a stabbing last week. File photo
Small tin in Kootenay man’s jacket pocket saved him from stabbing: RCMP

The man was uninjured thanks to a tin in his jacket

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Tla-o-qui-aht First Nation Chantel Moore, 26, was fatally shot by a police officer during a wellness check in the early morning of June 4, 2020, in Edmundston, N.B. (Facebook)
Frustrated family denied access to B.C. Indigenous woman’s police shooting report

Independent investigation into B.C. woman’s fatal shooting in New Brunswick filed to Crown

Delta Police Constable Jason Martens and Dezi, a nine-year-old German Shepherd that recently retired after 10 years with Delta Police. (Photo submitted)
Dezi, a Delta police dog, retires on a high note after decade of service

Nine-year-old German Shepherd now fights over toys instead of chasing down bad guys

Nurses collect samples from a patient in a COVID suspect room in the COVID-19 intensive care unit at St. Paul’s hospital in downtown Vancouver, Tuesday, April 21, 2020. (THE CANADIAN PRESS/Jonathan Hayward)
5 British Columbians under 20 years old battled COVID-19 in ICU in recent weeks

Overall hospitalizations have fallen but young people battling the virus in hospital has increased

Most Read