cover image: A Legal Toolbox to Defend BC from the Kinder Morgan Trans Mountain /

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A Legal Toolbox to Defend BC from the Kinder Morgan Trans Mountain /

14 Jun 2017

The Province of British Columbia has the constitutional authority to: • conduct its own studies and assessment(s) of projects like the Trans Mountain pipeline and tankers project, even if the process requirements imposed have the potential to result in a “no”; and, • attach conditions related to areas of provincial authority that go beyond those imposed by the federal government in its approval of [...] Photo: Eugene Kung, WCEL A Legal Toolbox to Defend BC from the Kinder Morgan Trans Mountain Pipeline & Tankers Project | 5 Approach 2: Court order setting aside the provincial environmental assessment certificate This approach would involve reviewing the current legal challenges to BC’s Trans Mountain approval, and issuing new instructions to Crown counsel, on the basis that the former government [...] However, given that consultation and accommodation is an issue between the Crown and First Nations, if the provincial Crown and the Squamish Nation agree that the environmental assessment certificate should be set aside, this would provide a highly compelling basis for the Court to make such an order. [...] Approach 3: Order under section 31 of the BC Environmental Assessment Act to vary provisions of the Act as they apply to the Trans Mountain project This approach would involve using an existing variation provision in the Environmental Assessment Act to enable changes to Trans Mountain’s environmental assessment certificate by order. [...] As another example, the Minister could order a variation of sections 18 and 37 of the Act to enable the Minister to order that the certificate be amended to significantly shorten its expiry date.
environment government politics regulation environmental assessment environmental impact assessment civil law division of powers government information justice law trans mountain pipeline kinder morgan first nations ministers (government) constitution (law) duty to consult and accommodate aboriginal title trans mountain canadian federalism kinder morgan trans mountain pipeline system duties to consult and accommodate
Pages
8
Published in
Vancouver, BC, CA

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