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ARTICLE · 02 DECEMBER 2015

Trans Mountain Expansion Project: Burnaby's Latest Bid For Jurisdiction Unsuccessful

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The City of Burnaby's latest effort to assert jurisdiction over work performed in Burnaby in connection with the Trans Mountain Expansion Project was recently dismissed...

CanadaEnergy and Natural Resources
Laura Gill
Laura Gill
Michael Theroux
Michael Theroux
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The City of Burnaby's latest effort to assert jurisdiction over work performed in Burnaby in connection with the Trans Mountain Expansion Project was recently dismissed for procedural and constitutional reasons in Burnaby (City) v Trans Mountain Pipeline ULC, 2015 BCSC 2140. This post provides an update on the litigation, which we have previously summarized – all of it arising from the City's enforcement of its bylaws in a manner that impeded work that the National Energy Board (NEB) had mandated Trans Mountain Pipeline ULC to do.

In 2013, Trans Mountain applied to the NEB for a certificate of public convenience and necessity for the Project, which involves twinning an existing pipeline and related construction. In 2014, the NEB ordered Trans Mountain to complete a number of engineering studies within Burnaby by December of that year. When Trans Mountain began the work, the City enforced its traffic and parks bylaws in a manner that "attempted to thwart or

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