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City of Burnaby loses court case against Kinder Morgan

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DH Vancouver Staff Nov 24, 2015 9:29 am

The City of Burnaby has lost a Supreme Court of B.C. battle against Kinder Morgan that would have been an important step in preventing the Trans Mountain Pipeline project to be laid through the city.

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The city attempted to stop the project, which will see more than 1,000 kilometres of pipeline installed across Canada, on the basis of certain park, street and traffic bylaws that they claim give them power over the National Energy Board.

“Burnaby appears from the filed evidence to be using the bylaws to make Trans Mountain’s preliminary work on the Expansion Project difficult, if not impossible, to undertake,” says Justice George Macintosh in court documents, which Kinder Morgan called an abuse of power.

The National Energy Board act gives any company looking to lay a pipeline jurisdiction to enter into Crown land in order to carry out surveying and engineering work without prior permission.

Justice Macintosh ruled the NEB’s jurisdiction trumped local city bylaws and would not provide an injunction for the city.

CKNW says the City of Burnaby plans to appeal the ruling.

Burnaby has been in staunch opposition to the Trans Mountain Pipeline expansion project as early as 2013. Mayor Derek Corrigan stated that he would be willing to get arrested if it meant halting the pipeline from entering Burnaby.

To read to full court document, click here.


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DH Vancouver Staff
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