The Supreme Court of Canada has dismissed an application from the City of Burnaby for leave to appeal a National Energy Board (NEB) decision that exempted Trans Mountain Pipeline ULC from compliance with city bylaws for construction at the Burnaby terminal.
The board found that Burnaby’s bylaw review process was unreasonable and caused unreasonable delays. It relieved Trans Mountain of the requirement it obtain preliminary plan approvals and permits under Burnaby’s tree bylaw by declaring those bylaws to be inapplicable to the pipeline work at the terminal.
Alberta premier Rachel Notley took to Twitter to express the her approval over the ruling.
We are pleased with the Supreme Court’s Decision today to dismiss Burnaby’s leave to appeal. (https://t.co/KPX9vSemxn)
— Rachel Notley (@RachelNotley) August 23, 2018
Our government is batting a thousand when it comes to fighting for this pipeline.#abpoli #ableg #tmx #KeepCanadaWorking
“When the B.C. government tried to overstep its legal and constitutional authority, we took bold action – and they backed down,” she tweeted.
“When the City of Burnaby tried to block the Trans Mountain pipeline in court, we intervented – and we won in court and we won again today.
“In fact, the courts have ruled 17 out of 17 times in favour of Trans Mountain.”
Trans Mountain had sought the board order.
Burnaby is required to pay court costs for Trans Mountain and the attorney general of Alberta.
- With files from Emma Crawford Hampel
