ARCHIVED - NEB requires notice of constitutional question to be provided before considering Order
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25 September 2014
NEB requires notice of constitutional question to be provided before considering Order
CALGARY - The National Energy Board (NEB or the Board) requires notice of a constitutional question to be provided by Trans Mountain Pipeline ULC (Trans Mountain) before the NEB can consider their request for an order for access to Burnaby Mountain. The company requested access to the area in order to conduct studies and surveys in support of its application to expand the Trans Mountain Pipeline.
In the ruling [Filing A63041], issued today, the Board said that the motion filed by Trans Mountain raises a constitutional question as to whether City of Burnaby bylaws are inapplicable to the company as it exercises its powers under the National Energy Board Act and whether the city should be prevented from enforcing those bylaws.
Neither Trans Mountain nor the City of Burnaby have provided formal notice to the attorneys general of Canada and the provinces as is required when raising a constitutional question. Therefore the Board cannot consider this motion unless such notice is provided.
The Board said that since Trans Mountain is requesting an order directed against the City of Burnaby, Trans Mountain should be the one to provide notice. Should Trans Mountain choose to raise a constitutional question, the Board has indicated its willingness to decide the issue through an expedited process.
The National Energy Board is an independent federal regulator of several parts of Canada's energy industry with the safety of Canadians and protection of the environment as its top priority. Its purpose is to regulate pipelines, energy development and trade in the Canadian public interest. For more information on the NEB and its mandate, please visit the National Energy Board website.
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