The Globe and Mail reports in its Tuesday, Nov. 24, edition that the City of Burnaby's bylaw battle
against the Trans Mountain
pipeline has been shut down by a
British Columbia Supreme Court justice who
has declared that the National
Energy Board rules take precedence
over the city's.
A Canadian Press dispatch to The Globe reports that Metro Vancouver city has
tried to hamper preliminary planning
in advance of laying the
1,100-kilometre-long pipeline between
Alberta and coastal British
Columbia through two separate
bylaws. Justice George Macintosh, however,
said in a ruling Monday that the NEB has the constitutional power
to direct or limit the enforcement
of Burnaby's bylaws.
Justice Macintosh said the energy
board can take such action
when city bylaws interfere with or
block the regulation of the pipeline
and expansion project, ruling
NEB laws are supreme.
"Where valid provincial laws
conflict with valid federal laws in
addressing interprovincial undertakings,
paramountcy dictates
that the federal legal regime will
govern," Justice Macintosh said.
Kinder's Ali Hounsell says the court's decision
simply reaffirms earlier rulings
upholding the NEB's
jurisdiction.
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