Trans Mountain decision by appeal court is a 'victory' for Alberta and pipelines, Notley says

Alberta Premier Rachel Notley is hailing a recent Federal Court of Appeal decision as a victory for pipelines and for Albertans, after the court dismissed B.C.'s attempt to challenge an NEB ruling that lets Kinder Morgan Canada bypass bylaws in Burnaby, B.C., while expanding its pipeline.

B.C. government tried to challenge National Energy Board ruling that lets Kinder Morgan bypass Burnaby bylaws

Alberta Premier Rachel Notley banned importing wine from British Columbia for a time in an ongoing dispute over the Trans Mountain pipeline expansion that would carry more Alberta oilsands bitumen to the B.C. coast. (Jason Franson/The Canadian Press)

Alberta Premier Rachel Notley is calling a recent court decision on the Trans Mountain pipeline expansion project a definitive victory.

The Federal Court of Appeal on Friday dismissed the B.C. government's bid to challenge a National Energy Board ruling that allows Kinder Morgan Canada to bypass local bylaws during construction of the pipeline expansion which would triple the amount of crude flowing from Alberta to a port facility in Burnaby, B.C.

Does Alberta have faith the feds will get the Trans Mountain pipeline built?

5 years ago
Duration 8:58
'We expect them to ensure their decision is implemented,' says Premier Rachel Notley.

The court also ordered B.C. to pay the costs.

"Another victory for our economy. Another victory for our climate plan. Another victory for the pipeline and another victory for all Albertans and all Canadians," Notley said Monday at an unrelated transit announcement.

Pipes are seen at the Kinder Morgan Trans Mountain facility in Edmonton, Alta. (Jonathan Hayward/Canadian Press)

The federal government approved the pipeline expansion in 2016, but the project faces significant opposition in B.C. Thousands of people have rallied in protest and the provincial government has raised concerns about the pipeline's possible environmental and economic impact.

'Unnecessary project'

B.C. Environment Minister George Heyman said the government is disappointed by the court's decision and suggested it undermines the local permitting process.

"The provincial government has steadfastly assured administrative fairness, while we defend B.C.'s interests by insisting on high standards for environmental protection and First Nations consultations," he said in a statement Monday.

"Our government will continue to explore other legal ways to defend the interests of British Columbians against this unnecessary project."

B.C. Minister of Environment and Climate Change Strategy George Heyman says the province will look at other legal ways to ensure B.C.'s interests are represented in the pipeline dispute. (Chad Hipolito/The Canadian Press)

There are still a number of other legal decisions pending on the pipeline — including a review by the Court of Appeal of the decision by federal cabinet to approve the pipeline and a review by B.C.'s highest court of the decision by its former provincial government to approve the pipeline.

Jim Carr on Trans Mountain pipeline future

5 years ago
Duration 6:32
'You can't, in all fairness, ask people to go back to the starting line,' says Jim Carr.

B.C. Premier John Horgan has also asked for a legal ruling on whether his province can restrict increased amounts of oil from coming into B.C. while his government reviews oil-spill safety measures.

A anti-pipeline protester at a Kinder Morgan terminal in Burnaby speaks with a RCMP officer on Saturday, March 24, 2018. (CBC)

Notley noted Alberta has won every court decision and will continue to fight for the pipeline.

"We know this pipeline is in the national interest and it will be built," she said. "When it is built, every Albertan and every Canadian will benefit."