Burnaby’s Mayor slams Kinder Morgan’s pipeline expansion in scathing speech

In a wide-ranging speech at an anti-pipeline rally, Burnaby’s Mayor Derek Corrigan gave a blistering attack on Kinder Morgan, the Trans Mountain pipeline expansion project, the National Energy Board, and the growing influence of multinational corporations.

Standing beside council members and leaders with the Tsleil Waututh Nation and Union of B.C. Indian Chiefs, the mayor spoke of what his city is doing to “stand up to Kinder Morgan.”

More than 100 residents attended the anti-pipeline rally, with some describing the speech as “powerful” and “surprising for a municipal leader.”

Below is an edited portion of that speech from Burnaby Mountain, which is available in full on Youtube.

“I’m so pleased that we continue to get letters and e-mails and correspondence that support what we’re doing. There’s so many people from across British Columbia who are recognizing the challenge that we’re taking on…”

“The correspondence that I receive is now coming in from all over the world. I walked into my office the other day to a message from a gentleman from New York to say how much he appreciated us standing up to Kinder Morgan — that’s really something for a little city like Burnaby.

“And even better, I went on to Facebook – and one of my little nieces had wrote ‘my uncle is awesome’ – (smiling) – now how many guys get that!?”

“This mountain was originally given to Simon Fraser University. It was given as endowment lands… We were worried a number of years ago… whether they’d be able to protect these lands. So the City of Burnaby agreed to buy back Burnaby Mountain from the university.”

“It shows you how important this was to our city that we went in and paid cash and traded land to the university, to ensure that we were the one that were going to be the guardians of this conservation area for perpetuity.”

“To be doubly sure…. we went out and had a referendum from our citizens. They voted by referendum and said this would remain a park forever until citizens voted differently. That’s how important this park is to us.”

“We’ve done some polling….70% of people in Burnaby are supporting us.”

“Politicians around the lower mainland are beginning to realize that this is an issue that deals with the solidarity of municipalities and politicians to fight against the kind of corporate interests that are contending now to control so much of our culture.”

“I can remember at occasions like this when I was 20 years old at Easter Be-In’s at Stanley Park, with hair down over my shoulders — if you can imagine that – and we were protesting big issues…nuclear weapons…the War in Vietnam… women’s equality and racial discrimination.”

“But what we didn’t see coming up was the corporate culture – the idea that multinational corporations could be become bigger than countries, and more powerful than countries.”

“That they were able to lobby in a way that no citizen could. That they had full time employees who were sitting in places like Ottawa, talking in the ear of the politicians to convince them to do what they wanted.”

“Pretty soon, those politicians, far away from us, began to believe what they were told. They began to believe that their interests coincided with the interest of the multinational corporations. There’s a few who continue to stand up, like Kennedy Stewart, who make it clear they are not buying that kind of argument. But there are many who are buying it…”

Kinder Morgan’s roots with Enron

“Think about it. Kinder and Morgan. The two fellows who brought you Enron,” said Corrigan scoffing.

“Now, here’s two guys who are smart. They got out before the arrests started. They took their money and put their money into pipelines. Did they change their attitudes? I don’t think so.”

“Just the other day, a reorganization of Kinder Morgan put $800 million more into Richard Kinder’s pocket. So on a simple reorganization – not because of the fruit of his labour, not because of innovation, not because of creativity – it was a “re-org” that allowed him to do that. And he still continues to sit in what is a trust company, that pays no American taxes.

“You think that Rich Kinder cares, that in Enron, all of those employees forever lost their pensions? Richard Kinder is okay. He sits there in Houston able to control a corporation that can reach its tentacles out to anywhere in the world in order to implement the kinds of policies that companies like Kinder Morgan want.”

“Let me tell you just a little story about what happened with this pipeline [in Burnaby].”

“Prior to this all beginning, Kinder Morgan went to the National Energy Board and said ‘we need to get additional money in order to do this application.’”

NEB gives Kinder Morgan $135 million ‘war chest’

“The National Energy Board awarded them $135 million as a surcharge on oil to be paid by consumers and non-taxable for them to build a war chest in order for them to be able to implement this application.” [Ed. note: See Robyn Allan’s report on the 136 Million Kinder Morgan subsidy.]

“So you remember all that stuff you were taught about people risking capital to be capitalists? Not here. The reality is, and in fact [Kinder Morgan president] Ian Anderson boasted about it as they’re last annual meeting – he boasted that they were doing this application and it wouldn’t cost the shareholders as thing, because all this money was being taken from the Canadian people, in order to sponsor this application. Think about it.”

David versus Goliath?

“Think how that makes me feel because the City of Burnaby is carrying all of our opposition on our own shoulders. As a city, we’re looking at our own funds to be able to fight back against an application that is overwhelming. It’s our staff and this little city that are doing all that work to produce 1,500 questions that we are asking about whether or not this project is going to have a massive deleterious effect on our city, and we’ve been working hard to try and show that it is.”

“But Kinder Morgan – bought and paid for by the National Energy Board, the very body that will eventually make a decision [on the pipeline’s fate.] So how do you expect the board is going to rule when they’ve already made a $135 million investment in seeing this project go through. It makes everyone feel a lack of confidence in the impartiality and objectivity of the National Energy Board.”

“We’ve stood up aggressively against this because we don’t believe anything Kinder Morgan says. We haven’t from the very beginning. Those of you who remember how this project started – it started as a twinning of the pipeline. Remember that?”

“It was a little bit like the twinning of the Port Man Bridge. Oh yeah, that bridge they are taking down, because they just killed the twin.”

“There was no intention to put that pipeline down the existing right away. From the very beginning, they were looking for new routes in the City of Burnaby for them to utilize for their pipeline.

“Now, they are proposing to cut down trees in our community to bore holes into our mountain, and tunnel through our mountain. Now I don’t think they are going to be successful in doing that. I don’t think seismically this mountain will be able to take that.

“But that’s not good news. Because what Kinder Morgan is looking at, and what I believe they are looking at, is to say to the National Energy Board: ‘Sorry – we did this, we did the geological testing, but we can’t bore through. But we found a route through the Conservation Area for a right of way, that we can utilize, and that’s where we want to go.”

“We want to be able to push through these beautiful forests, through all of our wildlife, in order to take this pipeline from their tank farm where they will store 5 million litres of bitumen oil to Burrard Inlet to put on to supertankers that will be plying the Burrard Inlet for decades into the future.”

‘Potential catastrophe’ from tanker spill

“Now — that is the scariest concept for us as a city and as a province that you can imagine. When you think about the potential catastrophe that could occur as a result of one of those tankers being damaged in our inlet – the destruction that that would cause to the reputation of this city…the people that surround that inlet…[and] to the wildlife – and never mind the tourism.”

“No one would want to come to British Columbia to see what was one of the most beautiful cities in the world because of one accident and one tanker. And we just increased those odds by seven times as a result of this project. That frightens me, and it frightens all of you…”

“I’m so proud that citizens in my community have stood up, like BROKE (Burnaby Residents Opposed to Kinder Morgan Expansion), who are willing to take this on, citizens who are putting in a huge amount of effort personally to do this. I can’t say enough about the people who are carrying the weight of this on their shoulders.”

“What’s more is that others like NOPE (North Shore – NO Pipeline Expansion) on the North Shore are calling on to their politicians to stand with us in solidarity.”

“The City of Vancouver is standing with us — Gregor Robertson and Vision Vancouver have come out and said they are supporting what Burnaby is doing, and they are supporting opposition to Kinder Morgan.”

“When people talk about not voting — it could not be more important for you to vote in these elections coming up municipally in November. To get out and support politicians who are in solidarity with the kinds of principals that we have here in the City of Burnaby, and that we know we share with you.”

The Canadian dollar, oil and ‘Canada’s Dutch Disease’

‘Canada’s Dutch Disease’
Canada is showing symptoms of Dutch Disease, a major U.S. bank warns. But help is here, or at least on the way.

The issue has been a hot one for Canadian politicians. And many observers have rejected the idea of Dutch Disease in Canada, including former Bank of Canada Governor Mark Carney.


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But in a report this week, Bank of America Merrill Lynch says the evidence “points to” a Canadian case of Dutch Disease, a phenomenon of foreign money flooding into a country in the case of, say, a huge energy find, and damaging an economy by driving up the currency and, thus, hurting trade.

In Canada’s case, this would, if true, mean the oil boom pushes up the Canadian dollar, in turn whacking the export manufacturing base.

“The boom in oil production is a plus for GDP and national income,” Bank of America economist Emanuella Enenajor and foreign exchange strategist Ian Gordon said in the new report.

“But this sea-change also has meaningful ramifications on the currency and trade,” they added, pointing out that the energy sector was but a “blip” in the economy in the 1990s, accounting for less than 4 per cent of Canadian exports.

“We find a heightened relationship between the currency and oil prices in the past decade, suggesting the C$ is increasingly trading as a petrocurrency,” the researchers said.

“Moreover, a persistent current account deficit on weak non-energy trade suggests Canada is suffering from a ‘Dutch Disease,’ as the outsized appreciation in the currency has been out of line with broader trade fundamentals.”

The loonie, as Canada’s dollar coin is known, has gained over the years, trading at par with the U.S. greenback early last year. It has most recently weakened, helping along what the central bank hopes is a rebound in non-energy exports.

According to Ms. Enenajor and Mr. Gordon, 10-per-cent rise in oil prices is linked to a “persistent” 1.2-per-cent strengthening of the currency.

And according to their calculations in the report titled “Canada’s Dutch Disease,” crude will account for 27 per cent of all Canadian goods exports by 2025, as the biggest single component.

In turn, a 10-per-cent jump in the loonie cuts export revenues by 5 per cent, when converted back into Canadian currency, given that half of the country’s factory sales are export-bound.

“Keep in mind that the currency has gained nearly 45 per cent since 2002, and since then, factory production has fallen by 11 per cent, with jobs down by 24 per cent – a key symptom of Canada’s ‘Dutch disease.’ ”

Many observers believe the loonie should be lower than the 91-cent level of today, and expect it will be. And the flow of capital into Canada has eased.

“With a gaping current account deficit, all it takes is a slowing in capital flows for the currency to depreciate,” said Ms. Enenajor and Mr. Gordon, projecting that the dollar will end the year at just shy of 88 cents U.S.

“In our view, that risk is significant in an environment where the Fed is likely to hike before the Bank of Canada, and where energy prices risk stagnation.”

They’re not alone in their currency projections.

Just yesterday, chief economist Douglas Porter of BMO Nesbitt Burns noted that the recent softening in the price of oil seems to be “another negative” for the loonie.

He added, however, that the currency depreciation of the last year and one-half appears “to have gotten well ahead” of the easing in oil prices.

“Having said that, we still look for the Canadian dollar to weaken further over the next year, undercut in part by a broadly strengthening U.S. dollar,” Mr. Porter said.

“A further slide in oil would just grease the wheels.”

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Rally Maps Burnaby Mountain Conservation Lands

Rally location. Burnaby Mountain Park meeting at Horizons restaurant parking lot (100 Centennial Way)

Burnaby Mountain Rally

Car turnaround at Centennial Drive entrance

Rally & bus stop location

This map shows the Burraby Mountain conservation lands and the areas where Kinder Morgan is surveying and clear cutting.

Map Burnaby Mountain Conservation Area

The following maps show more of the mountain and area, including pictures of the Burnaby Mountain Northridge where Kinder Morgan intends to bore to connect the oil storage containers at Forest Hill to the Aframax class loading docks at Westridge Terminal in Burrard Inlet.

Rally to Protect Conservation Land

News Room

Rally to Protect Conservation land September 13 at 2:00 PM.

For immediate Release
September 5, 2014
Burnaby B.C.

The City of Burnaby is attempting to enforce a bylaw to stop Kinder Morgan from clear cutting and drilling on Burnaby Mountain. The bylaw was enacted to protect wildlife and lands for the enjoyment of all people.

Kinder Morgan has asked the National Energy Board to set aside the City bylaw. The giant US oil company intends to cut and clear trees to transport crude tar sands oil from the storage facility at Forest Hill to the Westridge Terminal where over 400 a year Aframax class tankers will try to navigate Second Narrows to take the crude to China for processing.

The City of Burnaby is opposing Kinder Morgan’s demand to violate conservation lands. The residents of Burnaby and all people who want to protect conservation land are rallying together on September 13 at 2:00 PM on Burnaby Mountain in front of the area where Kinder Morgan intends to build a helicopter pad to carry equipment for drilling and clear cutting.

We ask you to show your support for the City and the conservation lands on September 13, 2014.

As Dr. Collis of SFU states: “When the common wealth is threated by the more destructive forms of private gain, there is only one thing we, the public, can do: get up, stand up, and defend what we all share and depend upon—clean water, a liveable climate, and a safe and healthy public sphere.”

This is the time and this is the place to join residents and all concerned people to show your support to protect our conservation lands on unceded Coast Salish territory.

As Karl Perrin of the Burnaby Residents Opposing Kinder Morgan says, “In 2030, when our children ask, “If you already knew the Arctic was melting, what did you do to stop it?” –we will say, “We fought Kinder Morgan to a standstill and the people prevailed.”

The Master of Ceremonies is the well-known Dr. Stephen Collis of SFU.

Invited and confirmed speakers include : Carleen Thomas, Sacred Trust Tsleil Waututh Nation; Kennedy Stewart, MP; Derek Corrigan, Mayor of Burnaby; Stewart Philip, Grand Chief Union of BC Indian Chiefs; Eugene Kung, LLB WestCoast Environmental Law; and others.


When: Saturday, September 13, 2014 at 2pm

Where: Burnaby Mountain Park, Unceded Coast Salish Territory, meet at Horizons restaurant parking lot (100 Centennial Way)***

Car turnaround at Centennial Drive entrance
Rally & bus stop location

US oil pipeline giant Kinder Morgan is illegally cutting trees in the environmentally sensitive conservation land on Burnaby Mountain. Kinder Morgan plans to clear cut conservation land in preparation for boring a tunnel through the Northridge of Burnaby Mountain contrary to city bylaws.

Together we can Stop Kinder Morgan!

M/C for the Rally to Stop Kinder Morgan is Dr. Stephen Collis, SFU

Speakers include :
Tsleil-Waututh Nation Sacred Trust Alliance
Kennedy Stewart, MP
Derek Corrigan, Mayor of Burnaby (TBC),
Stewart Philip, Grand Chief Union of BC Indian Chiefs (TBC),
Eugene Kung, LLB WestCoast Environmental Law (TBC)
More speakers to be announced

Music By:

Transit from Burnaby for 2 pm rally

Starting at: Metrotown Skytrain Station, Bay 6 – Take bus 144 SFU leaving at 1:02 pm to Burnaby Mountain Pkwy & Curtis Street (40 minute ride). Walk 20 minutes** from here to parking lot at top of Centennial Way on Burnaby Mountain (see map).


Starting at: Sperling Burnaby-Lake Skytrain Station, Bay 2 – Take bus 144 SFU leaving at 1:30 pm to Burnaby Mountain Pkwy & Curtis Street (10 minute ride). Walk 20 minutes** from here to parking lot at top of Centennial Way on Burnaby Mountain (see map).

Transit from Downtown Vancouver for 2 pm rally

Start at: Burrard Skytrain Station, Bay 6 – Take bus 135 SFU leaving at 12:52 pm to Burnaby Mountain Pkwy & Curtis Street (40 minute ride). Walk 20 minutes** from here to parking lot at top of Centennial Way on Burnaby Mountain (see map).

Transit from other locations in the Lower Mainland

Call translink 604-953-3333 or use the Translink ‘Trip Planner’ feature located here http://www.translink.ca/ Destination address: 100 Centennial Way, Burnaby

***Free ride up Burnaby Mountain: Volunteer Drivers will be shuttling people up Centennial Way to the Rally site between 1:30 pm and 2:30 pm. Passengers are asked to wait on the sidewalk on Centennial Way just past the park entry sign. Passengers needing a ride down the mountain should wait at the parking lot gate after the rally (which ends at 4 pm). A volunteer will be there to assist. If you have concerns please contact Margo margo_boyd@yahoo.ca


Kinder Morgan has begun surveying and cutting trees in conservation and parkland on Burnaby Mountain, unceded Coast Salish Territories. The giant US oil pipeline company plans to clear parkland in preparation for boring a tunnel through the Northridge of Burnaby Mountain contrary to city bylaws.

The purpose of the tunnel will be to transport crude tar sands oil from the storage tanks at Forest Hill to Westridge Terminal. Many geologists and seismologists are concerned that the Northridge will be subject to extreme shaking in the event of even a moderate earthquake putting at risk the pipeline, the huge oil storage tanks at Forest Hill and the Aframax tankers at Westridge terminal. A moderate earthquake to the huge tanks, pipeline and terminal would make the 2007 pipeline spill at Westridge minor in comparison.

To help protect conservation and parkland and to support the enforcement of city bylaws, residents of BC will rally on Burnaby Mountain overlooking the proposed helicopter staging area on Saturday September 13 at 2:00 PM.

The convergence of people is a celebration of conservation and parkland with music and speakers. Residents must rally to show support for protecting Burnaby Mountain and the entire Burrard Inlet. People have power only if they work together.

Dr. Stephen Collis, SFU, the MC of the event, writes:

“At the heart of a democracy is the idea of publicness: what are the needs, views, and challenges of the public? What is of public concern, and who and what composes this idea of the public sphere? Public—belonging to the people—the notion of our shared locales and times, the shared resources we depend upon, and our shared responsibilities to each other and to these places and resources: this is, ultimately, what we mean by democracy.

“Now, what might we, the general public, make of the National Energy Board’s decision to allow Big Oil company Kinder Morgan access to public lands—despite public concerns and the opposition of duly elected civic representatives—to begin exploration for its pipeline expansion? What are we to make of this private company entering a public park and nature preserve to cut a right of way, and clear for a helipad, for the expansion of its private profits? What are we to make of this company’s proposal to drill through Burnaby Mountain, sending its pipeline through this park, and under a public university? Add to this the fact that these are the unceded lands of the Tsleil-Waututh First Nation, which has been steadfast in its opposition to Kinder Morgan expansion, and there is only one thing we can conclude: this is a colonial land-grab and an anti-democratic public outrage. And there is only one thing we, the public, can do: get up, stand up, and defend what we all share and depend upon—clean water, a liveable climate, and a safe and healthy public sphere.”

Ruth Walmsley, Burnaby Residents Opposing Kinder Morgan, writes:

Residents of Burnaby and the Lower Mainland are opposed to Kinder Morgan’s (KM) proposed pipeline expansion project, from the Alberta tar sands to Burnaby, which would pose significant health and environmental risks to our community while bringing very few benefits by way of jobs or revenue.

This past week, KM began performing surveys and cutting trees in parkland adjacent to Burnaby Mountain, in preparation for geotechnical testing related to the possibility of boring a tunnel through the western section of mountain for their proposed tar sands pipeline.

The City of Burnaby opposes the pipeline project and has denied the company a permit for the work. In response, KM submitted a request to the National Energy Board (NEB) to confirm their rights to access City of Burnaby public lands. The NEB ruled that federal legislation gives Kinder Morgan the power to enter and conduct surveys and tests on any Crown or private land that lies on their intended pipeline routes. The City has filed a constitutional challenge, saying the route would go against municipal bylaws. The NEB dismissed the challenge, but did not, however, grant an access order to KM, 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.

“The NEB refused to address the City of Burnaby’s constitutional question,” said Burnaby’s legal counsel, Greg McDade, QC. “By refusing to grant an access order, they ignored the question completely, meaning that Kinder Morgan still cannot access Burnaby’s land without the City’s permission.”

The NEB Act does not empower the Board to make orders that override municipal jurisdiction or bylaws. Local citizens are now mobilizing to express our opposition to allowing KM access to our public lands in preparation for building their proposed pipeline expansion. The answer is “NO”. Please join us!

City of Burnaby Files Injunction and Civil Claim against Kinder Morgan in Supreme Court

For immediate release

On September 8, the City of Burnaby filed a Civil Claim against Kinder Morgan, seeking an injunction to restrain Kinder Morgan from continuing to carry on works in the Burnaby Mountain Conservation Area in contravention of the city of Burnaby’s bylaws. The Burnaby Parks Regulation Bylaw prohibits the cutting of trees and damage to the park. Kinder Morgan workers entered the park on September 2, and cut down trees and bushes to allow for helicopter and drilling activities. Kinder Morgan ignored an Order from the City to cease bylaw contraventions.

Burnaby will go to court on Thursday, September 11 to seek a temporary injunction to stop further works damaging the park until the full matter can be heard before the Court.

The overall action also seeks a declaration that the Ruling of August 19, 2014 of the National Energy Board does not have the effect of overriding or declaring inapplicable the City of Burnaby’s bylaws and a declaration that the National Energy Board does not have the constitutional jurisdiction to issue an order to the City of Burnaby that directs or limits the City in the enforcement of its bylaws.

“In spite of Burnaby’s longstanding bylaws put in place to fulfill our citizens’ wishes to protect irreplaceable conservation areas in our city, on September 3 Kinder Morgan cut down 13 ecologically significant trees – the largest of which was 24 metres high – in the Burnaby Mountain Conservation Area,” says Mayor Derek Corrigan. “These trees cannot be replaced.

“Kinder Morgan was not entitled to carry out this destructive action, and the fact that they have now stopped their work and have gone back to the National Energy Board to seek an order that would allow them to continue to conduct destructive survey work in the park – including cutting of large trees in forested areas, drilling of bore holes, and constructing a helicopter staging area – demonstrates that they knew they did not have the lawful right to do what they did.

“We will do everything we can as a City to ensure Kinder Morgan does not return. Late yesterday the City filed a Claim in the Supreme Court of British Columbia. We do not believe that the National Energy Board’s ruling enables Kinder Morgan to defy our laws and we are asking the Supreme Court to confirm this.

“This pipeline has not been approved, but Kinder Morgan thinks nothing of illegally entering our park, causing irreparable harm to the ecosystem and defying the laws our citizens have put in place.”

“Given Kinder Morgan’s refusal to recognize City jurisdiction, and claims that the NEB order prevents the City from undertaking bylaw prevention activities, there was no alternative and it is clear that this is a matter that the BC Supreme Court must decide,” says Burnaby legal counsel, Greg McDade QC. “It is the City’s view that the company must comply with local laws as well as NEB rules, but Kinder Morgan thinks they are free to ignore or break those other laws without even a court determination.”

“We are now looking to the Supreme Court of British Columbia to confirm the City’s right to protect the land that the bylaws were put in place to guard.”


For further information, contact:
Office of the Mayor

City Fights Back: Your help is critical

Kinder Morgan Goes Back to National Energy Board (NEB) to Seek Order to Conduct Destructive Survey Work on Burnaby Mountain Conservation Land September 4, 2014

September 4, 2014 For immediate release

On September 3, after cutting down six large (14- to 24-metre high), healthy trees and seven large wildlife trees and clearing an area about the size of a football field (approximately half a hectare), limiting traffic access to Burnaby Mountain, and stopping City of Burnaby Parks staff from accessing City trails – all in contravention of Burnaby bylaws – Kinder Morgan left the site, saying they are now seeking legal advice before proceeding further with their work.

Kinder Morgan then filed a Notice of Motion with the National Energy Board, to request an order that would allow them to continue to conduct this destructive survey work in the park – including cutting of large trees in forested areas, drilling of bore holes, and construction of a helicopter staging area for delivery of heavy equipment.

“Kinder Morgan claimed they had a lawful order when they started work,” says Mayor Derek Corrigan, “but they’ve now conceded that the extent of their work was not sufficiently authorized by the NEB, and they’re going back for a second try.

“For them to blatantly disregard our laws as they have – with no authority to do so – is appalling. Our Burnaby Mountain Conservation Area exists because our citizens decided they wanted this area to be protected. They did so democratically and their decision – and the laws protecting this conservation land – should be respected.

“Even though this pipeline has not been approved, Kinder Morgan thinks nothing of illegally entering our park, causing irreparable harm to the ecosystem and defying the laws our citizens have put in place.”

The City of Burnaby is now consulting with its legal counsel to determine how best to ensure Kinder Morgan will not be able to continue their destructive survey work.

“By going back to the NEB, Kinder Morgan is still looking for an easy way to gain access to Burnaby’s legally protected land, and avoid the clear legal requirements under the bylaw,” says Burnaby legal counsel, Greg McDade QC. “Only a court can declare a bylaw to be inapplicable. The NEB claimed that they did not declare this bylaw invalid.

“We expect this issue will ultimately have to be determined by a court, and we are looking at our options, now that Kinder Morgan has decided to try to bypass the courts.”