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Environment

B.C. legislation targets Trans Mountain, say proponent and Alberta government

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  • VANCOUVER — Environmental legislation proposed by British Columbia is specifically targeting the Trans Mountain pipeline expansion and would significantly impact it, the project’s proponent and the Alberta government argued Thursday.

    The B.C. Court of Appeal is hearing a reference case that asks whether the government can amend its Environmental Management Act to create a permitting system for companies that increase the amount of heavy oil they’re transporting through the province.

    B.C. has argued the amendments are not intended to block the project, but rather to protect the environment from spills and require companies to pay for damages. However, a lawyer for Trans Mountain ULC said B.C.’s motive is to obstruct the expansion.

    “Trans Mountain will be directly and significantly impacted by the proposed legislation. Indeed, we say it is the target of the proposed legislation,” Maureen Killoran told a panel of five judges.

    Killoran said Trans Mountain, which has operated since 1953 and runs from the Edmonton area to Metro Vancouver, is the only pipeline that transports liquid petroleum to the West Coast and the only pipeline to which the legislation would apply.

    The proposed law presented more risk than private-sector proponent Kinder Morgan was willing to accept, prompting it to sell the pipeline to Canada for $4.5 billion last year, she said.

    Since the plan to triple the pipeline’s capacity was first proposed in 2013, it has been through the largest review in the National Energy Board’s history, a number of court challenges and faced protesters and blockades, Killoran said.

    The energy board ruled the expansion is in the public interest because the country cannot get all its available energy resources to Pacific markets, she said.

    The government of Canada opposes B.C.’s proposed permitting system because it says Ottawa — not provinces — has exclusive jurisdiction over inter-provincial infrastructure.

    The new rules would allow a provincial public servant with expertise in pollution management to apply conditions to permits, which B.C. says would be intended to address concerns posed by a company’s proposed activities.

    Peter Gall, representing the government of Alberta, said the permitting scheme is a “vague, amorphous” process that gives wide-ranging discretionary powers to a government official to do whatever he or she thinks is necessary to protect the environment.

    “We accept that the province genuinely wants to protect the environment,” he said. “The problem is … the province believes that the best, indeed the only way to protect the environment is to stop the project.”

    Justice Harvey Groberman questioned why Gall would raise the motives of the legislation, given the argument that it interferes with federal jurisdiction should suffice.

    Gall said the court should not ignore the “reality of the situation” — that the B.C. government is committed to stopping the project.

    While in opposition, Premier John Horgan said he would use “every tool in the toolbox” to stop the expansion. The court has heard that after his minority NDP government took power in 2017, it received legal advice that it could not block the project.

    Gall quoted Environment Minister George Heyman as saying that the government could not delay or obstruct the project through “anything other than even-handed consideration of permit applications.”

    The government of Saskatchewan, the Lax Kw’alaams Indian Band and the Beecher Bay, Songhees and T’Sou-ke First Nations also delivered arguments opposing B.C.’s proposed rules on Thursday.

    Thomson Irvine, a lawyer for Saskatchewan, said the federal environmental assessment process is rigorous and Trans Mountain has already had to jump through many hoops.

    “If at the end of the day, they get that certificate and the provincial law says, ‘Oh no, we’re going to put restrictions on what you can carry or how much you can carry,’ that frustrates the entire purpose of the federal statute,” he said.

    Lax Kw’alaams lawyer Christopher Harvey said the band on B.C.’s north coast is facing dismal economic prospects and has developed a pipeline proposal that would bring oil from Alberta to a marine terminal on its territory or to a refinery in Alaska.

    The proposed legislation threatens to kill that proposal, Harvey said.

    “The band objects to its needs, aspirations, rights and options in its traditional territory being thwarted by legislation, such as the amendments, without any band input.”

    The cities of Vancouver and Burnaby, environmental group Ecojustice and the Heiltsuk Nation and the Council of the Haida Nation have delivered arguments in support of B.C.’s proposed rules.

    Laura Kane, The Canadian Press


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    Environment

    Soldiers deploy across Quebec after flood-caused sinkhole claims woman’s life

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  • MONTREAL — Canadian Armed Forces are deploying in three regions across Quebec, officials say, as rising water levels continue to wreak havoc on the province after claiming a life.

    About 200 soldiers were poised to start filling sandbags and carrying out evacuations in the Outaouais and Mauricie regions Saturday night, with 400 more troops set to deploy there as well as Laval on Sunday, said Brig.-Gen. Jennie Carignan.

    The soldiers are “extremely well-trained and prepared” for the flood fight, Carignan said. “They are used to doing it.”

    Quebec’s public safety minister urged residents throughout the day to stay safe and cooperate with authorities.

    “Be careful, be vigilant…please,” Genevieve Guilbault said alongside Carignan at Canadian Forces Base Longue-Pointe in Montreal Saturday evening.

    As of Saturday night, turgid rivers had resulted in 903 flooded residences, 251 isolated residences and 317 evacuees across the province, according to Urgence Quebec.

    Eight major floods were identified by Urgence Quebec on Saturday evening, threatening thousands of Quebecers: the Chaudiere River at Saint-Georges, Saint-Joseph, Scott and Vallee-Jonction, all in the Beauce region; Lake of Two Mountains at Rigaud and Quesnel Bay; and the Beaurivage River in Levis in the Chaudiere-Appalaches region.

    Guilbault also offered her condolences to the family of Louise Seguin Lortie, who died early Saturday morning after driving her car into a massive sinkhole caused by flooding in the Outaouais region, according to police.

    The accident left the 72-year-old’s sedan upside down in a swollen stream after rising river levels swept away part of the road overnight, police said.

    Sgt. Martin Fournel of the MRC des Collines police said a pair of witnesses parked near the washout tried unsuccessfully to warn the driver as she approached.

    “That lady, who was driving by herself on that road, fell into a sinkhole basically because of the flooding. There was a culvert that was not there anymore, so the road was cut in half and she was not able to brake and avoid the accident,” Fournel told The Canadian Press.

    The woman was taken to hospital but died shortly after, he said.

    The accident occurred at about 3:30 a.m. in the Municipality of Pontiac, about 30 kilometres northwest of Ottawa.

    Pontiac, which sits along the Ottawa River, is one of at least four municipalities in the Outaouais region to declare states of emergency, along with Gatineau, Saint-Andre-Avellin and Val-des-Monts. Trois-Rivieres is also under a state of emergency.

    Rigaud, west of the Island of Montreal, saw at least 68 evacuations, as residents feared a repeat of 2017, when record flooding forced thousands from their homes.

    William Bradley, whose house in Rigaud sits on a street that hugs the Ottawa River, said he filled several hundred city-supplied sandbags this week. He’s stacked them four-high around doors and windows, wrapping the makeshift barriers in polyethylene.

    “It’s still coming up, coming up,” said Bradley, 72.

    He said flooding two years ago caused about $100,000 in damage to the ceramics equipment he stores at home for his small business.

    “We’ll stay as long as we have gas for the generator. We’ve got a boat — my daughter bought a boat and a motor for us in 2017,” he said. “By the way, never buy a boat during a flood season. It gets pricey.”

    More than 45 millimetres of rain fell on the Montreal area between Thursday and Saturday, according to Environment Canada. Rainfall warnings have been lifted, but water levels were already high and are expected to rise sharply over the weekend with warm temperatures and snowmelt runoff.

    The City of Laval, just north of Montreal, said in a statement it had distributed sandbags to 900 homes and knocked on 550 doors to make sure people were safe as more than 1,500 homes and business remained under flood watch.

    Quebec City and the Gaspe Peninsula can expect up to 30 millimetres of rainfall this weekend, said Environment Canada meteorologist Andre Cantin.

    “That will help the snow to melt again, and we do not expect the river will be able to go down for at least 48 hours,” he said Saturday.

    Guilbault has said the province will allow stores — usually closed on Easter Sunday — to remain open this weekend so residents can stock up on supplies.

    Some of the worst flooding Saturday appeared to surge through the Beauce region south of Quebec City, where 868 homes were flooded and 94 people evacuated as of 3 p.m., according to an Urgence Quebec bulletin.

    In Beauceville, about 90 kilometres south of Quebec City, officials have asked the Canadian Armed Forces for assistance with evacuations ordered by the municipality.

    Earlier this week, the Chaudiere River burst its banks and flooded a large part of downtown. Officials called it the worst flooding since 1971, with 230 homes and businesses flooded.

    In Saint-Raymond, about 60 kilometres northwest of the provincial capital, 24 seniors in three residences have been moved to higher ground as the Ste-Anne River continues to rise.

    A local dam gave way Saturday, said Mayor Daniel Dion, prompting concerns about flooding. “The problem today is that there is a lot of ice. If they clog our channels the water will have no space to circulate and that’s where it overflows,” he said.

    In the Mauricie region, Canadian Armed Forces are focusing on Trois-Rivieres as well as the municipalities of Becancour, Louiseville, Maskinonge and Yamachiche.

    Christopher Reynolds, The Canadian Press



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    Environment

    Quebec officials urge caution after flood-caused sinkhole claims woman’s life

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  • MONTREAL — Quebec’s deputy premier and public safety minister is urging those affected by flooding to exercise extreme caution and vigilance as rising water levels continue to wreak havoc on the province.

    “Do not take unnecessary risks, please,” Genevieve Guilbault said at the Ti-Oui Snack Bar in Saint-Raymond on Saturday.

    Regional liaison officers for the Canadian Armed Forces are deployed in five districts and prepared to assist residents, she said: Outaouais; Montreal, Laurentians and Lanaudiere; Monteregie and Estrie; Quebec City; and Chaudiere-Appallaches.

    Tragedy struck early Saturday morning when a woman in her 70s died after driving her car into a massive sinkhole caused by flooding in western Quebec, police said.

    The accident left the woman’s sedan upside down in a swollen stream after rising river levels swept away part of the road in the Outaouais region overnight.

    Sgt. Martin Fournel of the MRC des Collines police said witnesses parked near the washout tried unsuccessfully to warn the driver as she approached.

    “That lady, who was driving by herself on that road, fell into a sinkhole basically because of the flooding. There was a culvert that was not there anymore, so the road was cut in half and she was not able to brake and avoid the accident,” Fournel told The Canadian Press.

    The woman was taken to hospital but pronounced dead soon after, he said.

    The accident occurred at about 3:30 a.m. in the Municipality of Pontiac, about 30 kilometres northwest of Ottawa.

    Pontiac, which sits along the Ottawa River, is one of at least three municipalities in the Outaouais region to declare states of emergency, along with Saint-Andre-Avellin and Val-des-Monts. The city of Trois-Rivieres is also under a state of emergency.

    In Beauceville, about 90 kilometres south of Quebec City, officials have asked the Canadian Armed Forces for assistance, with military vehicles en route to help with evacuations ordered by the municipality.

    Earlier this week, the Chaudiere River burst its banks and flooded a large part of downtown. Officials called it the worst flooding since 1971, with 230 homes and businesses flooded.

    In Saint-Raymond, about 60 kilometres northwest of the provincial capital, 24 seniors in three residences have been moved to higher ground as the Ste-Anne River continues to rise.

    A local dam gave way Saturday, said Mayor Daniel Dion, prompting concerns about flooding.

    “The problem today is that there is a lot of ice. If they clog our channels the water will have no space to circulate and that’s where it overflows,” he said.

    Dion said he expects the high-water mark to come Sunday evening.

    Four major floods have already been identified by Urgence Quebec: the Chaudiere River in Saint-Georges; Saint-Joseph and Vallee-Jonction in Beauce; and Deux-Montagnes Lake in Rigaud.

    As of noon Saturday, there were 72 flooded residences, 53 isolated residences and 197 evacuees across the province, according to the most recent Urgence Quebec bulletin.

    The most affected areas are Beauce — south of Quebec City — and Rigaud, west of the Island of Montreal.

    Provincial police are checking up on residents door to door in Beauceville and Rigaud, where the Surete du Quebec (SQ) have set up command posts, said Sgt. Marie-Michele Moore.

    About 40 millimetres of rain have fallen on the Montreal area since Thursday, with five to 10 millimetres more expected Saturday, according to Environment Canada. Rainfall warnings have been lifted, but water levels were already high and were expected to rise sharply with warm temperatures and snowmelt runoff.

    Guilbault has said the province will also allow stores — usually closed on Easter Sunday — to remain open this weekend so residents can stock up on supplies.

    Thomas Blanchet, a spokesman for the province’s public safety department, said residents should be ready for a sharp spike in water levels that could come quickly, and he implored them to follow the instructions of local officials.

    In Laval, just north of Montreal, officials said some 1,500 homes and businesses were under flood watch. In Montreal, Mayor Valerie Plante toured various parts of the city under flood watch.

    Plante said the boroughs were well prepared, having learned lessons from record floods two years ago.

    “We’re putting in all our energy, but in the end Mother Nature decides,” Plante said.

    In a statement, the City of Laval said it had distributed sandbags to 900 homes and knocked on 550 doors to make sure people were safe, as concern rises along with water levels in the Thousand Islands and Prairies rivers.

    Quebec City and the Gaspe Peninsula can expect up to 30 millimetres of rainfall this weekend, said Environment Canada meteorologist Andre Cantin.

    “That will help the snow to melt again, and we do not expect the river will be able to go down for at least 48 hours,” he said Saturday morning.

    The Canadian Press




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