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Trans Mountain completes expansion prep work despite protests

Burnaby continues fight against a National Energy Board ruling that allows company to ignore its bylaws
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Kinder Morgan Canada's Westridge Marine Terminal | Submitted

Kinder Morgan Canada has completed preparatory work on time at the Burnaby and Westridge Marine terminals, despite near-daily protests attempting to block access to the Burnaby terminal that were meant to delay construction.

Work involved removing brush and trees to clear space for permanent fencing along the property line at the Burnaby terminal, and preparatory work for the construction of the portal to the Burnaby Mountain Tunnel that will take place at a later date.

The $7.4-billion pipeline expansion project includes a 2.6-kilometre tunnel between the two terminals.

Kinder Morgan had previously indicated this work needed to be completed before migratory bird restrictions come into affect March 26.

Not meeting the targeted would have delayed this phase of construction until August.

Court challenges continue

Meanwhile, Burnaby is continuing its fight against a National Energy Board (NEB) ruling that allows Kinder Morgan to disregard its bylaws.

On Friday, the Federal Court of Appeal announced that it wouldn’t hear the appeal from the City of Burnaby and the provincial government. But the City of Burnaby says it will now appeal to the Supreme Court of Canada.

The NEB ruling exempts Trans Mountain from following Burnaby’s permitting and tree bylaws, arguing that the bylaws were unconstitutional because they conflicted with the federal government’s approval of the project.

The provincial government has argued it was a mistake to allow for federal jurisdiction over an interprovincial pipeline.

Mayor Derek Corrigan said he was shocked and angry that the Federal Court of Appeal would not allow the appeal to be heard.

“I think that it was incumbent upon them to at least review the decision of the National Energy Board considering the very important constitutional issues that were raised,” he said.

“I think the National Energy Board has shown itself to be an agent of the oil industry. ... I think most people across Canada who have been in opposition to the pipeline feel the process hasn’t been fair and that it is in the direction of the oil companies.”