Burnaby (City) v. Trans Mountain Pipeline ULC

Burnaby (City) v. Trans Mountain Pipeline ULC

The Court dismissed the appeal and held that the NEB has jurisdiction to determine whether specific municipal bylaws are inapplicable or inoperative to the extent they conflict with or impair the exercise of powers granted under the NEB Act (notably s.73), and that the NEB may, for the purposes of matters before it,...

Source-derived case information.

Citation
2017 BCCA 132
Parties
Appellant (plaintiff): City of Burnaby; Respondent (defendant): Trans Mountain Pipeline ULC; Respondent (defendant): The National Energy Board
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
27 March 2017
Procedural Posture
Appeal / Court of Appeal Decision on Appeal From Supreme Court Summary Trial
Outcome
Appeal dismissed
Legal Topics
Division of Powers, Federal Paramountcy, Interjurisdictional Immunity, Jurisdiction of Federal Tribunals, Enforcement of Municipal Bylaws, NEB Act S.73
Source Language
english
Constitutional Law Administrative Law Municipal Law Energy Law Federalism Division of Powers Federal Paramountcy Interjurisdictional Immunity +3 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

City of Burnaby

Appellant (plaintiff)

Trans Mountain Pipeline ULC

Respondent (defendant)

The National Energy Board

Respondent (defendant)

Procedural Posture

Appeal / Court of Appeal Decision on Appeal From Supreme Court Summary Trial

Legal Issues

  1. 1 Whether the National Energy Board has jurisdiction to determine the applicability or operability of municipal bylaws when they conflict with powers granted under the NEB Act
  2. 2 Whether the NEB may issue orders directing or limiting a municipality's enforcement of its bylaws
  3. 3 Whether s.73(a) of the NEB Act authorizes entry and activities that contravene municipal bylaws and whether the NEB Act is intra vires Parliament

Ratio Decidendi

The Court dismissed the appeal and held that the NEB has jurisdiction to determine whether specific municipal bylaws are inapplicable or inoperative to the extent they conflict with or impair the exercise of powers granted under the NEB Act (notably s.73), and that the NEB may, for the purposes of matters before it, treat such bylaws as inapplicable and issue orders under its statutory authority; Windsor was distinguishable because Trans Mountain sought relief under an Act of Parliament.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed.
  • The National Energy Board has jurisdiction to determine that specific Burnaby bylaws are inapplicable or inoperative to the extent they conflict with or impair the exercise of Trans Mountain's powers under s.73 of the NEB Act.