Kinder Morgan's pipeline work on Burnaby Mountain has been left in the legal lurch, following a National Energy Board decision on the company's request for an access order.
Before deciding, the board is asking Kinder Morgan to file a "notice of constitutional question," – a notice, also sent to the Canada's attorney generals, outlining the company's legal argument.
Kinder Morgan was asking the NEB for an access order that would have effectively nullified the city's bylaw against cutting trees in a public park.