The City of Burnaby will prohibit Kinder Morgan from accessing Burnaby Mountain to perform tests related to a proposed pipeline, despite a National Energy Board (NEB) ruling the company does not need to seek permission.
Kinder Morgan submitted a request to the NEB to confirm its rights to its access to three kilometers of City of Burnaby lands for surveying and examination, and the City of Burnaby has mounted a constitutional challenge saying the route would go against municipal bylaws.
The board dismissed this challenge, but did not grant an access order to Kinder Morgan, which officials with the City of Burnaby are interpreting as leaving them able to continue to enforce their bylaws.
"In their response, the National Energy Board did not deny our assertion. Instead, they merely offered an interpretation of Section 73a of the National Energy Board Act. We will, therefore, continue to enforce our bylaws, ensuring that Kinder Morgan does not access Burnaby parkland and the Brunette Conservation area on which they want to perform deleterious actions that would contravene the laws put in place by our City and citizens to protect our parkland," Burnaby mayor Derek Corrigan said.
NEB communications officer Sarah Kiley said that Kinder Morgan does not require an order to access the lands and has not filed for one.