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

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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