BY­PASS­ING BURN­ABY BY­LAWS

Pipe­line project can pro­ceed: NEB

Vancouver Sun - - FRONT PAGE -

B.C.’s En­vi­ron­ment Min­is­ter is sharply crit­i­ciz­ing a Na­tional En­ergy Board rul­ing telling Kin­der Morgan it can ig­nore Burn­aby by­laws that stand in the way of its Trans Moun­tain pipe­line ex­pan­sion.

“I’m shocked at the rul­ing and frankly I’m an­gry on be­half of Bri­tish Columbians,” Ge­orge Hey­man said in an in­ter­view Thurs­day.

“We’re re­view­ing the de­ci­sion and ex­plor­ing any op­tions we have to ap­peal this de­ci­sion. This is ex­actly why we’re fight­ing this project in Fed­eral Court.”

Gregory McDade, Burn­aby’s lawyer, said the mu­nic­i­pal­ity will con­sider an ap­peal.

In an or­der is­sued Thurs­day, the NEB said the com­pany is not re­quired to com­ply with two sec­tions of the city’s by­laws as it pre­pares to be­gin con­struc­tion in Burn­aby.

Hey­man said all cities and prov­inces should be con­cerned about the rul­ing, which ap­pears to un­der­cut their abil­ity to set rea­son­able con­di­tions and per­mit­ting re­quire­ments on na­tional projects.

“Frankly the Na­tional En­ergy Board, with the as­sis­tance of the Gov­ern­ment of Canada who stepped into the fray on this, ap­pear to be look­ing to short­cir­cuit provin­cial and mu­nic­i­pal author­i­ties,” said Hey­man. “We have rights to set con­di­tions de­spite the fact this is a na­tion­ally reg­u­lated project.”

Hey­man said B.C., for ex­am­ple, has been un­able to is­sue Kin­der Morgan with some provin­cial per­mits be­cause the com­pany doesn’t seem to un­der­stand its obli­ga­tions in its ap­pli­ca­tions.

Burn­aby had ar­gued in two days of hear­ings in Cal­gary that the com­pany was to blame for the slow pace be­cause of shoddy ap­pli­ca­tions.

The rul­ing raises con­cerns about the com­pany po­ten­tially push­ing lo­cal gov­ern­ments all along the route into grant­ing per­mits with­out the re­quired in­for­ma­tion, Wilder­ness Com­mit­tee cli­mate cam­paigner Peter McCart­ney said in a state­ment.

“Kin­der Morgan has used a man­u­fac­tured dis­pute with Burn­aby to by­pass the abil­ity for cities to pro­tect their res­i­dents and en­vi­ron­ment.”

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