In a unanimous decision, the British Columbia Court of Appeal held British Columbia does not have
jurisdiction to regulate the shipment of "heavy oil"
through the province.
A year ago, the Government of British Columbia submitted a
reference to the Court asking to confirm whether proposed
amendments to the Environmental Management Act (EMA) were
intra vires. You can read more about the reference,
here.
At the centre of the reference is proposed Part 2.1 of the EMA.
The purpose of the proposed amendment is "the protection of
the environment, the health and well-being of British Columbians
and their communities from the adverse effects of hazardous
substances, and the implementation of the 'polluter pays'
principle." The effect of the proposed amendment is to
regulate the shipment of "most forms of heavy crude oil and
all bitumen and blended bitumen products" and require permits
for shippers whose volumes increase beyond prior levels.
