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Builder of Kinder Morgan reinforces concerns over project

B.C. heads to court over pipeline jurisdiction as builder says doubt warranted
11523180_web1_180418-CPW-horgan
Canadian Press

British Columbia has announced it will head to court by month end to clarify the provincesa国际传媒檚 jurisdiction over the Trans Mountain pipeline expansion project.

Also Wednesday, the CEO of the pipelinesa国际传媒檚 builder, Kinder Morgan said the events of recent days have reinforced his concerns about the viability of the $7.4-billion project.

Steve Kean said during an earnings report that the company suspended work on non-essential activities earlier this month because the investment may be sa国际传媒渦ntenable for a private party to undertake,sa国际传媒 and recent days have sa国际传媒渃onfirmedsa国际传媒 those views.

The construction project has been the subject of growing friction, with Prime Minister Justin Trudeau summoning the premiers of Alberta and B.C. to Ottawa for talks and Alberta introducing legislation designed to restrict fuel shipments to B.C.

RELATED: Last-ditch pipeline court challenge going ahead

Kinder Morgan set a May 31 deadline to determine if the expansion will go ahead, prompting Trudeausa国际传媒檚 Liberals to start private, financial talks with the U.S.-based company.

Premier John Horgan said his New Democrat governmentsa国际传媒檚 reference case will be filed in B.C.sa国际传媒檚 Court of Appeal by April 30 and it will seek to clarify the provincesa国际传媒檚 rights to protect its coast and economy from an oil products spill.

He said the reference case could have implications in provincial-federal relations that go beyond the current dispute.

sa国际传媒淲e believe we have jurisdiction to protect the interests of British Columbians,sa国际传媒 Horgan said at a news conference to announce government housing development initiatives.

sa国际传媒淥ur neighbouring province disagrees with that, the federal government disagrees with that,sa国际传媒 he said. sa国际传媒淚n my conversations with the prime minister over the weekend he said, sa国际传媒榃hy cansa国际传媒檛 we work this out now? sa国际传媒 I said, sa国际传媒楾hatsa国际传媒檚 fine, you and I can work this out but what about the next government in Ottawa or the next government in Victoria and on and on and on?sa国际传媒 sa国际传媒

Horgan also raised concerns about Indigenous rights over the project. More than 30 First Nations along the pipeline route have agreements with the company, but others are in opposition.

sa国际传媒淚 just reject the notion that this is a majority-rule situation,sa国际传媒 he said. sa国际传媒淭hese are rights and title holders and those rights and title holders have to be acknowledged and have to be respected.sa国际传媒

Jim Carr, federal Natural Resources Minister, said the government in Ottawa is looking to introduce legislation to reassert Canadasa国际传媒檚 constitutional authority to build and expand pipelines.

The federal government has repeatedly rejected B.C.sa国际传媒檚 invitations to join the reference case, saying it already has authority over pipelines.

B.C. Environment Minister George Heyman said Wednesday the province believes it has the right to protect its environment and economy from an oil products spill.

sa国际传媒淭he process is about B.C.sa国际传媒檚 right under the Constitution to regulate against the deleterious impacts on the environment, on the economy, on provincial interests of a project, whether itsa国际传媒檚 an interprovincial project or a provincial project.sa国际传媒

Attorney General David Eby said the province will take its case to the B.C. Court of Appeal, the highest court that it is able to refer such questions under the provincesa国际传媒檚 Constitutional Question Act.

The details of the action and the question or questions the government will ask the court to determine are still being worked out by lawyers and must be approved by the New Democrat governmentsa国际传媒檚 cabinet, he said.

Eby said the province is aware of the time factors involved and is hopeful of a speedy ruling.

sa国际传媒淓verybody wants clarity around this so wesa国际传媒檒l be moving and we are moving as quickly as we can,sa国际传媒 he said.

Albertasa国际传媒檚 government said B.C.sa国际传媒檚 legal move is just another pipeline roadblock.

Alberta Energy Minister Marg McCuaig-Boyd said the law around the issue has already been settled and that itsa国际传媒檚 clear the federal government has the final say on interprovincial pipelines.

sa国际传媒淭hey (the B.C. government) continue to play political games,sa国际传媒 she said.

sa国际传媒淭hey continue to try to frustrate investors (and) erode investor confidence, but what I can say is we are prepared to pull the rug out from under them.sa国际传媒

RELATED: Pipeline protest greets Trudeau in England

She said the rug allusion refers to ongoing talks with Alberta and the federal government to buy into the pipeline project to ensure it gets completed.

Saskatchewan Premier Scott Moe said his province is preparing to introduce oil restriction legislation similar to Albertasa国际传媒檚, which is likely to send fuel prices in B.C. sky high.

The Canadian Press

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