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Kinder Morgan wins appeal over Burnaby Mountain work

2017-03-27 20:14 ET - Street Wire

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by Mike Caswell

The Court of Appeal for British Columbia has ruled against efforts by the City of Burnaby to impose its bylaws on work for the Trans Mountain pipeline. Three judges have unanimously determined that the National Energy Board has jurisdiction over the project. The city had no grounds to use its bylaws in an effort to stop exploratory drilling.

The ruling, handed down on Monday, March 27, comes as part of the City of Burnaby's efforts to stop the initial work on the Trans Mountain pipeline expansion. The city (which has made no secret of its opposition to the project) attempted to halt exploratory drilling on Burnaby Mountain in 2014 by issuing a bylaw infraction notice. The work had included the clearing of vegetation and trees, which the city said was contrary to its bylaws.

The city's bylaw notice was in direct contravention of an approval notice that project operator Trans Mountain Pipeline ULC had previously received from the National Energy Board. As a result, the matter quickly landed before the courts, with a judge in the Supreme Court of British Columbia ruling against the City of Burnaby. The city appealed that ruling, resulting in Monday's loss.

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