Tag Archives: George Heyman

Alberta threatens to turn off the taps to BC as the Trans Mountain pipeline dispute continues

With little appearing to have changed after Sunday’s pipeline summit in Ottawa, the political dispute over Kinder Morgan’s Trans Mountain Pipeline continues to escalate.

Marg McCuaig Boyd (photo by Connor Mah)

Marg McCuaig Boyd (photo by Connor Mah)

In Edmonton today, Alberta Energy Minister Marg McCuaig-Boyd introduced Bill 12: Preserving Canada’s Economic Prosperity Act. The bill would give the Minister of Energy sweeping powers to “make an order directing an operator to cease transporting natural gas, crude oil or refined fuels in the operator’s provincial pipeline, or by the operator’s railway or commercial vehicle.”

It makes February’s wine boycott sound cute.

Use of the powers included in Bill 12 could have serious political and economic consequences for Alberta and BC. Ceasing the transport of oil and gas to BC could convince BC Premier John Horgan’s government to back down from its opposition to the pipeline expansion, but it could also backfire by escalating political tensions between the two provincial governments.

There is a little bit of irony in the Alberta government granting itself the powers to slow down the shipment of oil and gas to BC. The BC government’s initial move to limit shipments of diluted bitumen 11 weeks ago, a move Notley then described as unconstitutional, is what escalated the current political dispute between the two provinces.

It is not clear whether Premier Rachel Notley‘s government would actually ever use the powers include in Bill 12. But at the rate this political dispute is escalating, I would not be surprised if McCuaig-Boyd started threatening to turn off the taps by next week. It feels very Lougheedian, but without the $100/barrel oil.

David Swann Liberal MLA Calgary-Mountain View

David Swann

Bill 12 will likely get unanimous support from the Jason Kenney-led opposition, leaving Alberta’s lone Liberal MLA as its only critic in the Assembly.

“The NDP Government wants extraordinary powers to interfere with the oil and gas industry but won’t provide specifics or limitations on those new powers,” said Calgary-Mountain View Liberal MLA David Swann, criticizing the the lack of details in Bill 12.

BC Environment Minister George Heyman says his government could take the Alberta government to court over Bill 12. “I’m not counting on Alberta taking extreme or unlawful actions, but if they do, we’re prepared to defend British Columbia’s interests with every legal means available,” Heyman said.

Hogan says his government will continue with its legal case to determine if the province has the jurisdictional right to stop the project. But it is unlikely the court will rule on this case before the May 31, 2018 deadline imposed by Texas-based Kinder Morgan Inc., which succeeded in generating a quick response from the Alberta and federal government.

A political dispute, not a constitutional crisis or a broken country.

As the political rhetoric runs high, it is important to take a deep breath. We are not on the verge of a constitutional crisis, as Notley has suggested. The country is not broken, as Kenney suggested. And we do not need to call in the army to protect the pipeline from eco-terrorists, as former Alberta energy minster Rick Orman suggested on CBC radio this morning.

As David Moscrop wrote in Macleans last week:

“What we’re seeing with the Kinder Morgan Trans Mountain pipeline debate is democracy, federalism, and the rule of law at work: a divided country working out their opinions on the matter, split jurisdiction actors pursuing their interests, responsive governments keeping their promises, political and legal battles across several sites of licit contestation—and, to boot, a market response of potentially pulling the plug on the project as shareholders vote with their confidence and their dollars.”

BC MPs face civil contempt charges over acts of civil disobedience

Meanwhile, Green Party leader and Sannich-Gulf Islands Member of Parliament Elizabeth May and NDP MP Kennedy Stewart face criminal contempt charges after entering a 5-meter ‘no-protest’ zone surrounding Kinder Morgan’s pipeline construction site on Burnaby Mountain. A conviction will not necessarily lead to the two MPs losing their seats in the House of Commons.

Section 750(1) of the Criminal Code, which applies to members of both the Senate and the House, stipulates the following:

Where a person is convicted of an indictable offence for which the person is sentenced to imprisonment for two years or more and holds, at the time that person is convicted, an office under the Crown or other public employment, the office or employment forthwith becomes vacant.

BC Wine Ban 2018: Notley picks her Mission Hill to die on

If you are an Albertan who enjoys British Columbia wines, now is the time to rush to your privately-owned and operated liquor store to purchase your favourites before it is too late.

Alberta Premier Rachel Notley opened up a new front in the Great Constitutional Pipeline War of the Rockies today when she announced that the Alberta Gaming and Liquor Commission, the government agency responsible for purchasing and distributing wine, will no longer purchase B.C. wines.

This wine ban is a response to the BC Environment and Climate Change Strategy Minister George Heyman’s announcement that his province would effectively block the expansion of the Kinder Morgan corporation’s Trans Mountain Pipeline by limiting “the increase of diluted bitumen transportation until the behaviour of spilled bitumen can be better understood and there is certainty regarding the ability to adequately mitigate spills.”

In their first salvo, the Alberta Government withdrew from talks to purchase electricity from B.C.’s new Site C Dam near Fort St. John. But the B.C. wine ban has turned the war of words into the beginnings of a trade war.

Alberta purchases of BC wine account for around $70 million a year and the ban is meant to put pressure on the BC government of NDP Premier John Horgan (who’s party holds no seats in the Okanagan region) to back down and the government of Liberal Prime Minister Justin Trudeau in Ottawa to intervene.

Horgan responded by pointing out that the pipeline dispute has, until now, been not much more than a war of words, admitting that the consultation process proposed by Heyman has not even begun.

Trudeau has voiced his support for the pipeline expansion, but pro-pipeline voices like Notley has called on him to enforce trade sections of the Canadian constitution to stop the BC government’s delay tactics. Both the Alberta and BC governments have tied their political fortunes to the success and failure of the pipeline, which may be a big reason Trudeau could be reluctant to intervene.

It is also unclear what an intervention by the federal government would actually look like.

While the Alberta Government may have a stronger constitutional case, it is important to not completely dismiss concerns that British Columbians might have, including concerns about increased oil tanker traffic on the Pacific Coast. ‘Bringing British Columbia to their knees,’ as some Conservative partisans have suggested, will not create a welcoming environment for any future oil pipeline development.

It is unclear to me whether the wine ban will work or whether we will see the Notley Government escalate the trade war, by perhaps encouraging Albertans to spend their summer vacations east of the Rockies.

Disclaimer: As he wrote this post, the author enjoyed a glass of the 2012 Pinot Noir from Serendipity Winery. In the event this trade war is not over by Christmas, he has a healthy supply of BC wine stockpiled in a safe and undisclosed location.

Construction of the expansion of the Kinder Morgan Trans Mountain Pipeline is expected to start in 2017.

The Great Constitutional Pipeline War of the Rockies

Fresh from the Alberta NDP’s victory over Saskatchewan in the Fake Trade War on the Prairies, the ongoing political fight over the expansion of the existing Kinder Morgan TransMountain Pipeline from Edmonton to Burnaby is heating up.

Rachel Notley Alberta NDP leader

Rachel Notley

In the British Columbia NDP government’s most recent move to block the oil pipeline, Environment and Climate Change Strategy Minister George Heyman announced new rules today that would limit “the increase of diluted bitumen transportation until the behaviour of spilled bitumen can be better understood and there is certainty regarding the ability to adequately mitigate spills.”

A key section of the Confidence and Supply Agreement between the NDP and 3-MLA Green caucus that props up BC Premier John Horgan‘s minority government states: Immediately employ every tool available to the new government to stop the expansion of the Kinder Morgan pipeline, the seven-fold increase in tanker traffic on our coast, and the transportation of raw bitumen through our province.

“Having run out of tools in the toolbox, the Government of British Columbia is now grasping at straws,” Alberta Premier Rachel Notley read in a statement.

While the pipeline was always going to be politically challenging, with unflinching support in Alberta and unwavering opposition in British Columbia, the Notley government has poured a considerable amount of political capital into the success of pipelines. In a gamble, they even used their much lauded Climate Leadership Plan and carbon levy program as a key part of their sales pitch for oil pipeline expansion.

George Heyman BC Environment Minister Pipelines

George Heyman

But opposition in BC remains strong.

“The B.C. government has every right to consult on whatever it pleases with its citizens,” Notley said. “It does not have the right to rewrite our Constitution and assume powers for itself that it does not have. If it did, our Confederation would be meaningless.”

I am not a constitutional expert, so I cannot speak to Notley’s claims, but by questioning the BC government’s decision on constitutional grounds, she is pressuring Prime Minister Justin Trudeau to abandon his delicate balancing act of trying to appease his pro-pipeline ally (Notley), anti-pipeline ally (Horgan), and the 18 Liberal Members of Parliament who call BC home.

Trudeau will be hosting a town hall meeting at MacEwan University in Edmonton on Thursday, Feb. 1. Maybe someone can ask him a question about this?

The route of the Kinder Morgan Trans Mountain Pipeline from Edmonton to Burnaby.

The route of the Kinder Morgan Trans Mountain Pipeline from Edmonton to Burnaby.