The National Energy Board has dismissed a motion by Kinder Morgan requesting an order for Burnaby to step aside as the firm tries to conduct survey work on its proposed Trans Mountain pipeline route.
In its written decision released Thursday, the NEB said it could not issue an order that forces Burnaby not to enforce its bylaws, as doing so raises constitutional questions that have not been answered prior to the motion being filed by Kinder Morgan on Sept. 3.
According to the decision, those questions include whether the board actually has the legal authority to determine the applicability and validity of Burnaby’s bylaws in the context of the Trans Mountain pipeline, before determining whether or not to halt the city’s enforcement of bylaws.
The Province – September 26, 2014.
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