Pipes are seen at the Kinder Morgan Trans Mountain facility in Edmonton. The National Energy Board has issued three decisions for the Trans Mountain pipeline expansion approving the tunnel route through Burnaby, B.C., and allowing construction to begin on a tunnel entrance. (Photo by THE CANADIAN PRESS)

Burnaby seeks appeal over tree cutting permits involving Trans Mountain pipeline

BURNABY, B.C. — The City of Burnaby wants to appeal a National Energy Board decision that exempts Kinder Morgan from local land and tree clearance bylaws in the expansion of the Trans Mountain pipeline.

A decision by the board last December overruled two sections of the bylaw, which would have required Trans Mountain to have preliminary plans and clearing permits.

Burnaby is seeking leave to appeal in the Federal Court of Appeal.

The board released three decisions this week approving a tunnel route for a portion of the pipeline through Burnaby.

The city argues in a news release that the company should be required to comply with all municipal bylaws, despite its argument they were unconstitutional because they conflicted with approval from the federal government and the National Energy Board Act.

The city also wants to appeal an energy board’s ruling that found Burnaby’s timeline for issuing permits represented an “unreasonable delay.”

Burnaby’s legal action comes as tensions increase between British Columbia and Alberta over the pipeline.

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