Published: Sat, August 12, 2017
Markets | By Erika Turner

Canada province to challenge Kinder Morgan pipeline

Canada province to challenge Kinder Morgan pipeline

When it comes to the legal challenge from the Squamish Nation, Berger will "ensure that the interests of the province, including our government-to-government relationship with First Nations, are protected", he added.

"Until those plans are completed, Kinder Morgan, with the exception of private land and some clearing of rights of way, can not put shovels in the ground".

Ian Anderson, president of Kinder Morgan Canada Limited, said the company would work with the government to resolve its concerns.

Heyman said the government's action will take two forms - legal and consultative.

Canada's National Energy Board recommended approval of the project last May after a lengthy review, subject to 157 conditions.

The province would be seeking intervenor status in that case, said Eby. The courts have been clear it is not part of the law of Canada, so if any government in Canada were to apply it instead of the test for consultation set out in the Haida case, I believe that would raise significant legal issues.

He said the majority of the project is on public and First Nations lands. Canadian crude producers, whose landlocked product trades at a discount, say they need the expansion to access new markets and command better prices.

"Before they can begin work, the certificate required them to complete environmental management plans. Until it is completed, they are not able to begin work, they will be in violation of their environmental assessment certificate". Pipeline capacity will increase from 300,000 to 890,000 barrels of oil per day.

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"Kinder Morgan does not have the permits it needs, and there is now even greater doubt that they will secure them", Hudema said.

In Vancouver, a protest against the pipeline expansion last November saw 4,000 people march through the streets with the support of Mayor Gregor Robertson.

Under new, left-leaning leadership and citing risks to its environment and food supply, the province began to detail its plan to halt the energy project that Prime Minister Justin Trudeau approved late previous year.

The company agreed to paying the provincial government $1 billion over 20 years - $25 million to $50 million per year, depending on the pipeline's annual revenue. The NDP also wants the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) to guide those consultations.

Heyman also weighed in, saying the pipeline creates unnecessary danger on the coast.

"We'll have more to announce in the future, but this is our first step today".

Heyman said he was carrying out his mandate to "use every tool available to defend B.C.'s coast in the face of the threat of expanded tanker traffic".

"We know with the federal government's approval of this project, the path forward will be challenging, but we're committed to stepping up and fighting for BC's interests".

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