By Roy L Hales

When they were granted a license last November, the regulations stated Trans Mountain “must contribute to the scientific knowledge of the protected area(s).” They were conducting a feasibility study that was the preliminary step to building a pipeline. Now the legality of pipeline research in BC’s parks is being questioned .

Four months passed before the BC Government passed legislation, Bill 4: The Park Amendment Act, that made industrial research in public parks legal.  It was rushed through the legislature with no public consultation.

The Globe and Mail reports that BC’s Minister of the Environment emailed them, “BC Parks has issued research permits in the past and believed they had [authority] to issue such permits. Recent legal review raised concerns that the authority for issuing these permits is not clear and ensuring clarity through amending the Park Act would be required. This is what [Bill 4] does,” said the statement.”

Gwen Barlee, of the Wilderness Committee, also quoted the Minister today:

“Environment Minister Mary Polak, actually admitted that the reason Bill 4 was pushed through so aggressively – and with so little debate – was to “ensure that we can continue on with what we have been doing”. She acknowledged that the granting of these permits “likely would not stand the test of a [court] review”, and that the Park Act amendments would help the government avoid a legal challenge. Passing Bill 4 certainly helped out pipeline companies seeking access to protected lands – but the Kinder Morgan research permit was issued before these amendments were made.  Consequently, we believe that this permit is unlawful.”

The Wilderness Committee is now seeking legal advice as to the feasibility of mounting a legal challenge against the Provincial Government.

This story first surfaced last month, when the Vancouver SUN reported, “The Ministry of Environment is anticipating applications for boundary adjustments to at least 35 parks and other protected areas to accommodate industrial pipelines, transmission lines and resource roads”

Trans Mountain is now targeting five protected areas: Finn Creek Provincial Park; North Thompson River Provincial Park; Lac Du Bois Grasslands Protected Area; Coquihalla Summit Recreation Area; and Bridal Veil Falls Provincial Park.