Burnaby loses fight to block Trans Mountain pipeline expansion in Supreme Court

Mike Laanela

A sign warning of an underground petroleum pipeline is seen on a fence at Kinder Morgan's facility where work is being conducted in preparation for the expansion of the Trans Mountain Pipeline, in Burnaby, B.C.(Darryl Dyck/The Canadian Press)

Aug. 23, 2018

The Supreme Court of Canada has dismissed an application by the City of Burnaby, B.C., to appeal a lower court ruling involving the city's bylaws and the Trans Mountain pipeline expansion.

"The application for leave to appeal is dismissed with costs to the respondents, the Trans Mountain Pipeline ULC and the Attorney General of Alberta," said the decision posted by the top court this morning.

Burnaby asked the country's highest court last spring to consider a lower court decision that denied the West Coast city leave to appeal a ruling by the National Energy Board.

That ruling allowed Kinder Morgan to bypass local bylaws during construction of the pipeline expansion, which would triple the amount of diluted bitumen and other oil products moving between the Edmonton area and port facilities in Burnaby.


Controversial pipeline

The federal government approved the pipeline expansion in 2016, but the project faces significant opposition in B.C. Thousands of people have rallied in protest and the provincial government has raised concerns about the pipeline's possible environmental and economic impact.

Burnaby had appealed the NEB's decision to the Federal Court of Appeal, which dismissed the appeal with costs on March 23.

With files from The Canadian Press