Shipping in Canada: Jurisdiction, Interprovincial Relations and the Case of British Columbia Examinied

by EnergyNow Media Staff

Canada’s unique geography gives several provinces access to the Atlantic, Pacific, and Arctic oceans, making coastal shipping a vital part of the country’s economic infrastructure. For provinces without direct access to tidewater—most notably Alberta and Saskatchewan—gaining access to ports in coastal provinces is critical for exporting goods, especially resources such as oil and gas. The role of coastal provinces, their jurisdiction over ports, and their political stances, particularly in British Columbia, have shaped national debates about energy transport and interprovincial cooperation.

Why Is Tidewater Access Important?

Provinces like Alberta depend on tidewater access to export oil, gas, and other commodities to global markets. Without pipelines or other transport infrastructure reaching a coastal port, these provinces are limited to domestic markets or reliant on the goodwill and cooperation of coastal neighbours. Tidewater shipping is essential for Canada’s overall economic competitiveness and for provinces whose economies are resource-based.

Jurisdiction Over Coastal Shipping and Ports

Under the Canadian Constitution, ports and shipping fall under federal jurisdiction, particularly when it comes to interprovincial and international trade. However, provincial governments exercise significant regulatory authority over land use, environmental approvals, and infrastructure within their borders—such as pipeline routes and terminal developments. This can give coastal provinces practical leverage to delay, alter, or oppose projects they find objectionable, even if the final decision rests with federal authorities.

Can Coastal Provinces Deny Access?

Legally, provinces cannot outright deny another province access to tidewater for interprovincial trade, as this would contravene the principle of free movement of goods within Canada. The federal government has the constitutional authority to regulate trade and transportation that crosses provincial boundaries. However, provincial governments can impact the process through environmental reviews, local permitting, and political opposition, which can significantly delay or even halt projects. In practice, the cooperation of coastal provinces is essential for the smooth operation of tidewater shipping and the development of infrastructure such as pipelines and terminals.

The NDP Government in British Columbia and Opposition to Oil and Gas Projects

British Columbia, as a coastal province, has played a pivotal role in debates about oil and gas transportation, particularly under New Democratic Party (NDP) governments. The NDP in B.C. has often taken strong positions against large-scale oil and gas projects, citing environmental risks, Indigenous rights, and local opposition.

One of the most prominent examples is the opposition to the Trans Mountain pipeline expansion. The B.C. NDP government, elected in 2017, made the project a focal point of its environmental policy. The government raised concerns about the risk of oil spills, the impact on coastal ecosystems, and the lack of adequate consultation with Indigenous communities. It used its regulatory authority to launch court challenges, tighten environmental standards, and delay provincial permits, even as the federal government asserted its jurisdiction over the project.

Other projects, such as the Northern Gateway pipeline and various LNG (liquefied natural gas) proposals, have faced similar opposition from the B.C. NDP and allied groups. The provincial government has argued that the long-term environmental risks outweigh the short-term economic benefits and has sought to position B.C. as a leader in climate action and sustainable development. Now, British Columbia’s Premier David Eby has stated that any new oil pipeline from Alberta to BC’s west coast should not be allowed and is not in the national interest of Canadians.

Implications for Interprovincial Relations and National Policy

The tension between provincial and federal jurisdiction over tidewater access and energy transport highlights broader questions about Canadian federalism. Coastal provinces have a responsibility to recognize the economic needs of landlocked provinces but also have legitimate interests in protecting their environments and meeting local expectations. The history of B.C.’s NDP government illustrates how provincial politics can shape, challenge, or even block national infrastructure projects, making intergovernmental cooperation and negotiation essential.

Access to tidewater shipping is crucial for Canada’s resource-rich inland provinces, and while federal jurisdiction generally prevails over interprovincial trade, coastal provinces have significant influence over the practicalities of infrastructure development. The NDP government in British Columbia has demonstrated how provincial opposition—grounded in environmental, social, and political concerns—can affect national projects like Trans Mountain. This ongoing dynamic underscores the need for respectful, collaborative approaches to balancing economic development with environmental protection and Indigenous rights in Canada.