B.C. appeal court rules against Burnaby in bylaw battle with Trans Mountain
VANCOUVER — A legal battle between the City of Burnaby and the Trans Mountain pipeline expansion has ended with the British Columbia Court of Appeal ruling the National Energy Board can override municipal bylaws.
The fight began in 2014 when Trans Mountain was set to begin field studies on Burnaby Mountain, which required it to cut down trees, drill boreholes and operate heavy machinery — activities that violate the city’s bylaws.
Before beginning the field work, the company obtained a ruling from the energy board that confirmed it was allowed to conduct surveys and examinations on land in Burnaby without the city’s consent.
Burnaby didn’t appeal the energy board’s ruling, but when Trans Mountain began engineering studies on Burnaby Mountain in September 2014, the company was served with notices of bylaw violations.