Federal Court of Appeal upholds Alberta right to turn-off-the-taps legislation
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OTTAWA — The Federal Court of Appeal has ruled that Alberta has the right to control the amount and destination of oil and other fuels flowing through its pipelines.
The decision is a victory for the province in its battle with British Columbia over so-called turn-off-the-taps legislation enacted by Alberta in 2018, at the height of a dispute between the two provinces over construction of the Trans Mountain pipeline.
Three justices agree an earlier injunction blocking Alberta from using its legislation should be overturned and B.C. should pay costs of the lengthy litigation, although the justices rely on different reasons to reach the same conclusion.
B.C. initially appealed the constitutionality of the Preserving Canada’s Economic Prosperity Act, arguing Alberta does not have the power to discriminate by limiting oil exports to other provinces.
