Kinder Morgan is asking the National Energy Board for the go-ahead to start construction in Burnaby despite not acquiring local permits. Photograph contributed
The Trans Mountain expansion project has turned into 鈥渁 big political circus,鈥� according to a lawyer with the City of Burnaby.
Greg McDade made those comments following a motion filed by the Alberta government to the National Energy Board this week. The neighbouring province plans to intervene in a Kinder Morgan request, which asks that the NEB allow it to continue with construction in Burnaby despite being unable to acquire local permits.
On Wednesday, Alberta Premier Rachel Notley told the Globe and Mail one jurisdiction does not have the right to obstruct a project of national importance, and that her government will fight for the project 鈥渦ntil shovels are in the ground.鈥�
McDade called Trans Mountain鈥檚 request 鈥渆xtraordinary.鈥�
鈥淣ot only are they claiming that their project trumps municipal and provincial rules, but they鈥檙e claiming, even though they assured the NEB to get their approval that they would follow municipal rules, that they can now be excused. It鈥檚 really a deliberate intent to try and bully a municipality,鈥� he told the NOW.
He said by Alberta joining the dispute, it鈥檚 undermining provincial jurisdiction and will create a precedent that will hurt provinces across Canada.
鈥淭hat shows you the extent to which they鈥檝e sold out to the oil industry. If they were just thinking of the law, they鈥檇 be intervening in support of provincial jurisdiction, but clearly the politics here have trumped the law,鈥� McDade said.
The lawyer added there is no constitutional issue.
鈥淲e鈥檙e not relying on municipal bylaws trumping a federal project. We鈥檙e relying on the fact that this is a federal project with a federally imposed rule that they have to comply with the (municipal) bylaws,鈥� he explained. 鈥淭his is really a question of whether Trans Mountain can be relied upon to keep their word under which they got their approval.鈥�
According to an affidavit from Michael Davies, Kinder Morgan鈥檚 vice-president of operations, filed to the NEB on Oct. 26, the company has had issues acquiring permits under Burnaby鈥檚 tree and zoning bylaws.
McDade said the $7.4-billion expansion project is 鈥渏ust in the process鈥� at the local level.
鈥淏urnaby鈥檚 position has been, 鈥榊ou take your place.鈥� It鈥檚 a standard process, which applied without political interference, means that you鈥檙e in line with many other applicants that are looking for municipal approval for their projects. 鈥hey鈥檙e trying to jump the gun. 鈥�
B.C. and Saskatchewan will also appear before the NEB to speak to the constitutional question.
鈥淲hile this is a direct matter between the company and the City of Burnaby, the constitutional issues raised may result in restricting B.C.鈥檚 involvement in defending provincial interests in the future,鈥� said Attorney General David Eby in a press release.
A date for a hearing has not been set.
NEB spokesperson Sarah Kiley said staff are 鈥渟till determining鈥� how they will address Trans Mountain鈥檚 request.
