Burnaby’s case against pipeline dismissed

Supreme Court denies chance to appeal ruling

VANCOUVER— The Supreme Court of Canada dismissed on Thursday one of the few outstanding legal challenges to the Trans Mountain pipeline expansion, denying the City of Burnaby a chance to appeal a National Energy Board decision on the project. The NEB ruled in December that Kinder Morgan did not have to comply with certain Burnaby bylaws during construction of the pipeline, which received federal approval in 2016.

“We’re disappointed that the courts seem unwilling to review decisions made by the National Energy Board that hamper municipal jurisdiction,” said Burnaby Mayor Derek Corrigan in a release Thursday morning.

“We think the question of whether federal projects such as this should expect immunity from municipal regulation is an important one — and even more important now that the federal government has bought this flawed project.”

Under the NEB ruling, Kinder Morgan does not have to comply with Burnaby’s Preliminary Plan Approval requirements or tree bylaws. According to the city, it means the company can cut trees without considering certain protections. Following the Supreme Court’s decision, which essentially upholds the NEB ruling, Corrigan reiterated the city’s opposition to the project.

“Burnaby is not going away,” he said. “We intend to continue to oppose this project with all legal means available to us and will be continuing with our other legal challenges.”

The Trans Mountain pipeline expansion, which would twin the existing 1,100-km pipeline, has faced major opposition in B.C. from some First Nations, the cities of Vancouver and Burnaby, the provincial government and thousands of concerned individuals.