The Kinder Morgan Trans Mountain pipeline project is an emotional issue, to say the least. The recent arrests of Elizabeth May and Kennedy Stewart at a major demonstration for doing their job as MPs have sparked further debate on social licence regarding projects under federal jurisdiction. A federal court has rejected the City of Burnaby’s appeal, and this suggests a serious flaw in the foundations on which Canada was built. What is the point of having elected representatives to enact laws and regulations if Ottawa can ignore them as it pleases?
This is very much an issue in British Columbia, with the Kinder Morgan project that threatens its unique ecosystems, but it also applies to all other provinces. I would like to propose a response.
Constitutionally, the territory belongs to B.C.ers. Its occupation, use, development and protection are governed by the laws and regulations of the province and the municipalities. Victoria has every right to enact legislation designed to protect what makes that province unique, as voters there are demanding.
Certain activities and pieces of infrastructure can basically circumvent those laws because they are federally regulated: wharves, ports, airports, telecommunication infrastructure, federal properties and, yes, pipelines. Based on the principle of the separation of powers, when the federal government takes any action in those areas falling under the legislative authority of the federal Parliament, the provinces cannot force it to comply with their laws. Jurisprudence to that effect was a clear sign that Burnaby would likely lose its appeal of the National Energy Board decision that allows Kinder Morgan to bypass municipal bylaws to build the Trans Mountain pipeline. The same fate likely awaits the municipality if the case goes before the Supreme Court.
The Trudeau government is further strengthening those federal powers in Bill C-69, which reforms the environmental assessment process for projects. That is why I want to draw attention to another bill I introduced that I firmly believe is in the best interest of British Columbia.
Bill C-392 amends eight federal acts to impose constraints on the ministers responsible for enforcing them. Once this bill passes, the federal government will no longer be able to authorize any activity or infrastructure project that would violate provincial laws or municipal bylaws.
In other words, the government would be forced to respect the provinces’ environmental processes before approving any projects under its jurisdiction, including pipelines. It also means that the government must have the support of the people, including First Nations. These principles would apply to all federal initiatives in provincial territory.
This bill is perfectly suited to respond to the crisis currently facing British Columbia. It also aligns perfectly with the will of the Government of Quebec, which expressed its grave concerns regarding the scope of C-69 to the Trudeau government in January. Quebec could prove to be a real ally for B.C. on this file. There is definitely a balance of power to consider here. In more practical terms, a solution does exist that would ensure our provincial laws are respected, and it will be debated in the House of Commons in May.
I encourage everyone to exert pressure on their elected officials to make the right choice and vote in favour of Bill C-392.
Let’s give the power back to the people to decide what happens in our own backyard, based on our needs and priorities.
Monique Pauzé is the MP for Repentigny, Que.
