Ruling's impact on pipeline

Environment Minister George Heyman says British Columbia can't stop the Trans Mountain pipeline expansion project but will use a court-ordered review of its environmental assessment certificates to protect the environment and coastal economies.

In a decision released Tuesday, the B.C. Court of Appeal ordered the provincial government to reconsider the certificates because they were granted on the basis of assessments by the National Energy Board that have since been overturned and completed again with new conditions.

Heyman said the province is working on a plan to conduct the review and consult with Indigenous communities.

"It's not our goal to use this court decision as a tactic," he said, adding that any power to stop the project lies with the federal courts and government.

"We believe this is a wrongheaded project, we believe it's bad for British Columbia, but that decision was taken by the federal government. We're exercising every jurisdiction we can to defend British Columbia's environment, our coast, our jobs with regulations and with environmental assessment conditions as appropriate."

Heyman said the project does not legally require the certificate from B.C. in order to proceed.

A former B.C. Liberal government relied on a full environmental review by the National Energy Board when it approved the pipeline expansion with 37 conditions.

Since then, the Federal Appeal Court set aside the energy board's original report, citing inadequate consultation with Indigenous communities among its reasons. A new review was ordered, new conditions were added and the federal government approved the pipeline expansion for a second time.

The Squamish Nation and City of Vancouver challenged the province's certification of the project and the Appeal Court says in its decision Tuesday that in light of changes to the original report of the energy board when it reconsidered the project, provincial approval also needs to be reconsidered.

In its unanimous decision, the three-member panel also dismissed other claims by the city and the Squamish Nation including that the province failed to sufficiently consult with Indigenous groups.

The Federal Court of Appeal agreed earlier this month to hear arguments from First Nations that argue they were improperly consulted before the federal government approved the pipeline expansion earlier this year.

Heyman said the province should announce in "as reasonable amount of time as we can manage" the process it plans to use to follow the court's instruction.

"We want to do this right and we'll take the time to design a process that is required to do this right," he said.

Alberta Energy Minister Sonya Savage warned any potential delay in the construction of the pipeline would be "deeply disturbing."

"Nothing in today’s ruling should delay the current construction schedule," she said on Twitter.

"Given the additional work done by the federal government since 2017, we see no reason that the B.C. government shouldn't be able to quickly reissue its approval."

She said "death by delay" cannot be allowed to succeed.

Trans Mountain said the court decision means the environmental assessment certificate "is valid and remains in place."

"Trans Mountain is continuing with construction and planning of the expansion and is committed to building the expansion in a manner that minimizes impacts to the environment and respects the values and priorities of Canadians," it said in an email statement.

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