The Federal Court has granted British Columbia an injunction blocking Alberta's turn-off-the-taps legislation, which was tabled as part of the interprovincial fight over the Trans Mountain pipeline project,
The Federal Court has suspended Alberta's turn-off-the-taps legislation, tabled in part over the embattled Trans Mountain pipeline extension, granting British Columbia a temporary injunction blocking the law until the courts can decide whether it is valid.
The legislation was passed — but never used — by Alberta's former NDP government as a way to pressure B.C. to drop its fight against the pipeline expansion. Bill 12 gives Alberta's energy minister the power to pinch oil and crude exports to other provinces.
It was perceived as a move to punish B.C. over its continued challenges to the Trans Mountain pipeline expansion.
B.C. challenged the law in court this spring, saying the bill was unconstitutional. Federal Court Justice Sébastien Grammond said Tuesday the law raised a "serious issue" that would hurt British Columbians.
"I find that the irreparable harm that British Columbia would suffer if the injunction is not granted far outweighs any inconvenience that the injunction might impose on Alberta," read the decision from Grammond.
In the wake of the decision, Alberta's minister of energy is banned from "turning off the taps" until a full review to determine whether the legislation is constitutional is completed.
B.C. Attorney General David Eby addressed reporters in Vancouver after the decision was posted Tuesday morning, saying he was pleased with the order.
"That is an important win for British Columbia today," Eby said. "Certainly, having the injunction in place provides some relief to British Columbians."
The legal battle is part of the fallout over the Trans Mountain expansion project, which has been subject to several court challenges from provincial and municipal governments as well as Indigenous communities and environmental groups.
Bill 12 gave Alberta Minister Sonya Savage the power to ask anyone who wanted to export natural gas, refined fuels or crude from the province to get a licence first. Alberta would would have power to impose terms and conditions over the trade — including quantity and destination.
B.C. said the act would affect interprovincial trade, which is under Ottawa's jurisdiction. The province also argued the only purpose of Alberta's act was to cut off exports to the West Coast "in retaliation for its perceived opposition" to the pipeline project.
In June, a lawyer for the Alberta government argued the legislation was not meant to hurt B.C. despite political rhetoric that suggested otherwise.
Alberta had asked the Federal Court to have B.C.'s application thrown out, saying the western province was acting prematurely, considering the law had never been used. Grammond rejected that stance.
The justice also said there was a lack of "clear" evidence an injunction would hurt Alberta.
The federal government bought the existing Trans Mountain pipeline last year for $4.5 billion after its original builder, Texas-based Kinder Morgan, threatened to walk away from its expansion in part because of B.C.'s resistance.
Hearings on B.C.'s challenge to Bill 12 will continue in Federal Court.