The British Columbia Court of Appeal has reserved its decision on proposed provincial legislation that would affect the Trans Mountain pipeline expansion.
A five-judge panel concluded the case on Friday.
B.C. filed the reference case to find out if it can create a permitting system for companies wishing to increase the amount of heavy oil they transport through the province.
It would allow a provincial public servant to impose conditions on permits, which B.C. claims would help it protect the environment and ensure companies pay for accident cleanup.
The federal government has said the amendments to the province’s Environmental Management Act are unconstitutional.
Ottawa claims that inter-provincial infrastructure is its jurisdiction, not the provinces’.
Federal government lawyer Jan Brongers told court the amendments are clearly intended to impede additional oil shipments through B.C. because they only target heavy-oil transporters that want to increase capacity.
Joseph Arvay, the lawyer for B.C., said in his reply on Friday that the goal of the legislation is not to block Trans Mountain and the court should not presume the law would be used inappropriately in the future.
“There’s no evidence to support that theory at all,” he said.
The Canadian government has purchased the Trans Mountain pipeline and related assets for $4.5 billion.
The expansion would triple the capacity of the line that runs from the Edmonton area to Metro Vancouver and increase tanker traffic in Burrard Inlet seven-fold.
With files from the Canadian Press
