 |
Alberta
Premier Alison Redford and BC Premier
Christy Clark. Clark is on attack mode with both Redford and the Federal Government |
I
hope Premier Christy Clark is aware of the applicable Constitutional
Provisions, that would apply to Principle 5, which she said must be addressed
if, “… we are to consider support for such pipeline developments in our
province.”
That
principle (#5) was that, “British
Columbia receives a fair share of the fiscal and economic benefits of proposed
heavy oil projects that reflect the risk borne by the province.”
Now
it should be noted that the two Constitutional Provisions, which apply in this
and any other similar case, state that:
… the exclusive Legislative Authority of the
Parliament of Canada extends to all Matters coming within the Classes of
Subjects next hereinafter enumerated; that is to say,
2. The Regulation of Trade and Commerce.
10. Navigation and Shipping
Additionally
there is the following:
Export from provinces of resources
(Authority of Parliament)
92(A)2) In each
province, the legislature may make laws in relation to the export from
the province to another part of Canada of the primary production from
non-renewable natural resources and forestry resources in the province and the
production from facilities in the province for the generation of electrical
energy, but such laws may not authorize or provide for discrimination in
prices or in supplies exported to another part of Canada.
Marginal
note: Authority of Parliament
92 (3) Nothing
in subsection (2) derogates from the authority of Parliament to enact laws in
relation to the matters referred to in that subsection and, where such a law
of Parliament and a law of a province conflict, the law of Parliament prevails
to the extent of the conflict.
The
exception to the above would be for pipelines which lie completely within the
borders of a single province; these are regulated by that province's regulatory
body.
