British Columbia

Burnaby files pipeline appeal to Supreme Court of Canada

The City of Burnaby has applied to the Supreme Court of Canada for leave to appeal an NEB decision exempting Kinder Morgan from certain municipal bylaws.

City files challenge to decision exempting Kinder Morgan from certain municipal bylaws

Grand Chief Stewart Phillip of the Union of B.C. Indian Chiefs leads a protest against the Kinder Morgan pipeline expansion during the National Energy Board hearings in January 2016. (CBC)

The City of Burnaby has applied to the Supreme Court of Canada for leave to appeal the construction of Kinder Morgan's Trans Mountain pipeline expansion project after lower courts and the National Energy Board rejected its challenge.

The city is appealing a ruling which said Kinder Morgan is not required to comply with two sections of Burnaby's bylaws on land and tree clearances as it expands the pipeline, which will triple the amount of diluted bitumen and other oil products moving between the Edmonton-area and port facilities in Burnaby.

The city filed for leave to appeal the NEB decision in February at the Federal Court of Appeal but its application was denied.

The court dismissed Burnaby's filing without reasons.

Corrigan, who has long opposed the pipeline expansion project, said he believed "even federal pipelines" should follow normal rules within municipalities and respect municipal approval processes.

"We don't believe the federally appointed NEB is the right place to review municipal processes," said Corrigan.

"The Court System should be the body that decides whether or not this is fair and just. The Federal Court of Appeal refused to do so — and they did so without providing any reasons. We are now, therefore, asking the Supreme Court of Canada to address this critical matter."

The city says it plans to file a separate appeal regarding the NEB's approval of Kinder Morgan's choice of routing through Burnaby.

That application will be filed to the Federal Court of Appeal within the next two weeks.

Kinder Morgan's expanded pipeline through B.C. and Alberta will triple its carrying capacity 3:53

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