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City of Burnaby Files for Leave to Appeal NEB’s December 6, 2017, Declaration that Burnaby’s Bylaws can be Ignored by Kinder Morgan

The City of Burnaby has today filed for Leave to Appeal in the Federal Court of Appeal the decision of the NEB declaring Burnaby’s PPA and Tree bylaws constitutionally inapplicable to Kinder Morgan’s Trans Mountain pipeline construction.

The Order of the NEB exempting Trans Mountain was made December 6, 2017, with Reasons for the decision delivered January 18, 2018.

Trans Mountain applied in October 2017 to be relieved of the Condition, under which the Certificate was granted, requiring Trans Mountain to comply with all municipal bylaws. Trans Mountain also argued that the bylaws were unconstitutional because they conflicted with the federal approval and the NEB Act. Trans Mountain claimed that Burnaby was delaying the permits deliberately because of political interference.

The NEB ruled that the bylaws were not in constitutional conflict, and found that there was no evidence of political interference or deliberate obstruction, but held that the time for permitting was an ‘unreasonable delay’, and on that basis declared that they were constitutionally inapplicable.

Burnaby intends to appeal that ruling, and to argue that municipal laws should apply. Under the NEB Act, an appeal must be made to the Federal Court of Appeal, but first requires that Court to grant Leave to Appeal.

Attached is the Notice of Motion.

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For additional information, contact:
Office of the City Manager
Tel: 604-294-7340

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