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Burnaby loses pipe fight

Burnaby has lost a key court case in which the city pitted its bylaws against federal legislation in a bid to stop expansion of the TransMountain pipeline.

The city has fought plans to double the pipeline between Alberta and coastal B.C. and has tried to hamper planning for the expansion project through two separate bylaws.

But TransMountain challenged the city in court, arguing the bylaws conflicted with the National Energy Board Act.

In a ruling issued online, B.C. Supreme Court Justice George Macintosh agreed with TransMountain, saying the pipeline is situated, constructed and operated under the National Energy Board, which draws its authority from the act.

He says the energy board has the constitutional power to direct or limit the city in enforcement of its bylaws if Burnaby interferes or blocks regulation of the project.

Macintosh has ruled Burnaby's bylaws don't apply to the pipeline planning and has also ordered the city to pay the company's court costs.



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