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The Horgan government upped the stakes in its battle with Alberta on Thursday, formally asking B.C.’s highest court whether B.C. can regulate the flow of heavy oil.

The B.C. government sent draft legislation Thursday to the B.C. Court of Appeal, asking it to rule whether the province has the right to put restrictions on companies, such as Kinder Morgan, which moves diluted bitumen to Burnaby through the Trans Mountain pipeline.

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Premier John Horgan called the reference a way for his party to protect the province and its coastline from an oil spill. Horgan promised during last year’s election campaign to fight Kinder Morgan’s proposed $7.4-billion tripling of the capacity of the Trans Mountain line, which would mean as many as 350 more trips a year by loaded oil tankers through the Burrard Inlet and the Salish Sea.

Supporters of the project call B.C’s move as a delaying tactic aimed at stopping the project, which will provide Alberta the west coast access it wants for increased ocean shipments to the U.S. and new markets in Asia.

“B.C. should have a say over whether we put our coast, streams, rivers, and tens of thousands of jobs, in harm’s way,” said Horgan.

B.C. asked the court to review specific proposed amendments to its Environmental Management Act that would give the province the authority to regulate the effects of heavy oils, including diluted bitumen.