Kinder Morgan is following the National Energy Board's suggestion and filing a notice of constitutional question, demonstrating that the battle over Burnaby Mountain is far from over. The pipeline company filed the notice with the NEB Friday afternoon and is asking for an oral hearing on the matter within 10 days.
Yesterday, the NEB rejected the company's original request for an access order, which would force the city to let Kinder Morgan crews complete survey work in the conservation area on Burnaby Mountain. The city, which owns the land, is opposed to the pipeline expansion and says Kinder Morgan broke a local bylaw prohibiting tree-cutting in a public park.
In order to rule on the matter, the NEB suggested Kinder Morgan file a notice of constitutional question - a formal document also sent to the country's attorney generals.
Kinder Morgan did just that today, while promising not to continue any invasive work in the conservation area for now. The NEB has said it will deal with the motion expeditiously.
Burnaby, Kinder Morgan could revert back to the original route through Westridge, where the current pipeline is located. If Kinder Morgan can build the new line through the mountain, the company would also like to decommission the old line and run both through the conservation area.
Meanwhile, at the Union of B.C. Municipalities conference, the city's emergency resolution passed on Friday. Burnaby was calling for the reinstatement of full public hearings with the National Energy Board. Vancouver and Victoria's pipeline-related emergency resolutions also passed Friday.
On Thursday, Burnaby's resolution calling on the UBCM to oppose the Kinder Morgan expansion project was defeated 50.7 per cent to 49.3 per cent.
