Court allows appeal on pipeline certificate, says B.C. needs to reconsider

Province’s approval of certificate was based on quashed original report from National Energy Board

Pipeline pipes are seen at a Trans Mountain facility near Hope, B.C., Thursday, Aug. 22, 2019. (Jonathan Hayward / The Canadian Press)

Pipeline pipes are seen at a Trans Mountain facility near Hope, B.C., Thursday, Aug. 22, 2019. (Jonathan Hayward / The Canadian Press)

The British Columbia government has been ordered by the province’s highest court to reconsider its environmental assessment certificate allowing the expansion of the Trans Mountain pipeline.

In challenges by the Squamish Nation and the City of Vancouver, the B.C. Court of Appeal ruled the province’s approval of the certificate was based on the original report from the National Energy Board, which was later quashed by the Federal Court of Appeal.

After the National Energy Board reviewed the project for a second time, the federal government approved the pipeline expansion again.

READ MORE: Thousands of landowners on Trans Mountain pipeline route have yet to grant access

The Appeal Court says in its decision released today 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.

B.C.’s former Liberal government approved the expansion with 37 conditions, while relying on an agreement with the energy board that would stand for a provincial environmental assessment.

The three-judge panel said in its unanimous decision that through no fault of the provincial government, what is now Canada’s environmental assessment of the pipeline was not the same assessment used when B.C. approved its certificate.

The court 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 for the second time.

The City of Vancouver says in a statement that it’s pleased with the court’s decision. One of the reasons the city pursued the case was the Federal Court of Appeal’s decision that overturning Ottawa’s approval of the project, which led the energy board to reconsider the project and issue a new report.

“The City remains of the view that the Trans Mountain Pipeline project would have significant environmental impacts, including the unacceptable risk of oil spills and increased greenhouse gas emission related to the project at a time when the world needs to reduce emissions,” it says.

Environment Minister George Heyman was not immediately available for comment. Representatives from Trans Mountain and the Squamish Nation could not immediately be reached for comment.

The project would triple the capacity of an existing pipeline from Alberta’s oilpatch to a terminal in Burnaby, B.C.

The federal government bought the existing pipeline and the unfinished expansion work for $4.5 billion last year, promising to get it past the political opposition that had scared off Kinder Morgan Canada from proceeding.

The Canadian Press

READ MORE: Pembina CEO says ‘noise’ makes Trans Mountain pipeline bid unlikely

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

Kootenay-Columbia MP Rob Morrison speaks during Question Period in the House of Commons. File photo.
MP Morrison calls Keystone XL permit cancellation ‘devastating news’

Kootenay-Columbia MP reacts to the Conservative Party’s removal of a controversial Ontario MP

Interior Health reported 91 new COVID-19 cases in the region Jan. 20, 2021 and three additional deaths. (Jennifer Smith - Morning Star)
95 new COVID-19 cases in Interior Health, two deaths

Another member of Vernon’s Noric House has passed

North-West Mounted Police barracks at the top of Douglas Street hill, 1885. The man seated at the front was (Colonel Sam Steele. Revelstoke Museum and Archives photo 856)
Glimpses of Revelstoke’s past for Jan. 21

130 years ago: Kootenay Star, Jan. 24, 1891 An accident occurred at… Continue reading

Liam Harrap, reporter for the Revelstoke Review, gives a sneak peak on what’s making news in Revelstoke. (Jocelyn Doll/Revelstoke Review)
A sneak peak at the Jan. 21 news paper

Pick up your copy on news stands today

Voting is the number one, bare minimum way to have your voice heard by government. (File photo)
Jocelyn’s Jottings: Want to make change? Here are some suggestions

As a citizen you have a voice, you just have to know who to talk to

Liam Harrap, reporter for the Revelstoke Review, gives a sneak peak on what’s making news in Revelstoke. (Jocelyn Doll/Revelstoke Review)
A sneak peak at the Jan. 21 news paper

Pick up your copy on news stands today

Homeless man lying on the bench. (File photo)
Temporary emergency shelter opens in Central Okanagan

The shelter, located at the former location of Tree Brewing, will offer 38 beds

Kelowna Mayor Colin Basran said the city won’t look at changing its policy regarding automatic cost of living pay bumps for himself and city councillors, despite the COVID-19 pandemic. (File)
Kelowna won’t look at nixing automatic pay raises for council, mayor

Mayor Colin Basran said the raise is minuscule, won’t look at changing policy amid residents’ COVID struggles

A specialized RCMP team is investigating a suspicious trailer, which might have connections to the illicit drug trade, found abandoned outside a Cache Creek motel. (Photo credit: <em>Journal</em> files)
Police probe U-Haul trailer linked to illicit drugs left outside Cache Creek motel

Hazardous materials found inside believed to be consistent with the production of illicit drugs

Premier John Horgan leaves the podium following his first press conference of the year as he comments on various questions from the media in the Press Gallery at B.C. Legislature in Victoria, B.C., on Monday, January 13, 2020. THE CANADIAN PRESS/Chad Hipolito
Interprovincial travel restrictions a no-go, Horgan says after reviewing legal options

The B.C. NDP government sought legal advice as concerns of travel continue

Kevin Lee Barrett is charged with attempted murder and aggravated assault. (Facebook)
Court hears of victim’s injuries in West Kelowna attempted murder trial

Two-week-long trial continues for Kevin Barrett, accused of trying to kill mother in West Kelowna

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Robert Riley Saunders. (File)
Disgraced Kelowna social worker faces another class-action lawsuit

Zackary Alphonse claims he was not informed of resources available to him upon leaving government care

A mother hold hands with her daughter while sharing about her struggles with addiction during Overdose Awareness Day. (Jesse Major/Black Press file)
Overdose and suicide support group starts in Penticton

Penticton was one of the province’s communities hardest hit by the overdose crisis in 2020

Most Read