B.C. to appeal NEB ruling on Trans Mountain bylaw

British Columbia's government is appealing a decisionthat allows Kinder Morgan Canada to bypass local regulations inconstructing its Trans Mountain pipeline expansion.

The National Energy Board ruled in December that the company isnot required to comply with two sections of the City of Burnaby'sbylaws on land and tree clearances.

Kinder Morgan had argued the bylaws were unconstitutional becausethey hindered its ability to go ahead with the federally approvedproject.

The provincial government said in a statement Saturday that ithas filed leave to appeal the board's ruling with the Federal Courtof Appeal.

'Erred too broadly'

"The province's position is that the NEB erred by too broadlydefining federal jurisdiction over interprovincial pipelines," thestatement said.

Trans Mountain did not immediately respond to a request forcomment on the appeal.

Kinder Morgan issued a statement in December saying that it waspleased with the board's decision "as it reinforces our view thisfederally approved project is in the national interest."

The City of Burnaby announced Friday that it, too, wants toappeal the decision, saying the company should be required to complywith all municipal bylaws.

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The city also wants to appeal an energy board ruling that foundBurnaby's timeline for issuing permits represented an "unreasonabledelay."

Burnaby Mayor Derek Corrigan has previously expressed staunchopposition to the project and called the board's ruling on the bylawissue flawed.

He said the Trans Mountain expansion was going through the sameapplication process as others, and that the energy board had chosento exempt the project from the important requirement despitepotential environmental, social and financialconsequences.

Limiting shipments of diluted bitumen

B.C. Environment Minister George Heyman has also previously expressed dismay over the decision, saying he was "angry on behalf of British Columbians."

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B.C. is also locked in a dispute with Alberta and the federalgovernment over Trans Mountain's future after Premier John Horgan'sgovernment announced it is looking at limiting shipments of dilutedbitumen from the west coast, pending a review of spill-safetymeasures.

Alberta Premier Rachel Notley has said such restrictions would be"unconstitutional" and would effectively kill the $7.4-billionproject, which the province deems critical to getting a better pricefor its oil.

Notley has banned wine imports from B.C., ended talks of buyingenergy from the province and struck a committee to look at furtherretaliatory measures.

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