Title
LMLGA - Resolution Regarding the Autonomy and Authority of Local Jurisdictions with respect to Trans Mountain Pipeline Expansion Activities
Recommended Action
Whereas the Trans Mountain (TM) pipeline was conceived and developed in the 1950's to move energy products, including oil and gas, from its source to other markets for refining and potential export;
Whereas the pipeline created a concomitant corridor to facilitate further works, servicing, and other infrastructure-related opportunities further to the movement of natural oil and gas products from Alberta to the British Columbia coastline;
Whereas the associated pipeline works cross over numerous territories, regions, local government and First Nation jurisdictional areas across the Province of British Columbia;
Whereas there have been on-going concerns expressed by many local entities both within the Metro area, and beyond, regarding concerns arising from the potential for deleterious results from pipeline-related activities affecting the natural environment, watercourses, local infrastructure, agriculture, and other areas of local government influence and jurisdiction under the Community Charter and Local Government Act;
Whereas most recently, Kinder Morgan has sought, and received approval, from the Federal Government of Canada to "twin" the existing pipeline (Trans Mountain Expansion Project (TMEP) largely to construct new infrastructure to enhance the capacity of the existing dated infrastructure;
Whereas by Decision dated December 7th, 2017, the NEB concluded that local TM works in the City of Burnaby related to the City's Zoning and Tree Bylaw could proceed without these local government approvals based on a prior BC Court of Appeal ruling in support of the NEB's jurisdiction to resolve conflicts relative to a Federal regulatory scheme; and
Whereas this recent ruling has significantly undermined opportunities for all accountable local governments, regions, territories and
First Nations r...
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