November 03, 2017

Attorney General Intervenes in Trans Mountain Pipeline Proceedings

The Attorney General of Saskatchewan, concerned a British Columbia municipality is holding up a project that would create thousands of jobs for Canadians, has applied for intervenor status in the Trans Mountain Pipeline proceedings currently before the National Energy Board.

“We are disappointed the City of Burnaby is deliberately slowing down an important project for an industry that is only now recovering from the severe slowdown caused by low oil prices,” Justice Minister and Attorney General Don Morgan said.  “Saskatchewan has consistently taken the position that once an interprovincial pipeline has been approved by the federal government, provinces and municipalities should not be able to interfere.”

On October 26, 2017, the law firm representing Trans Mountain Pipeline filed a Notice of Motion and Constitutional Question with the National Energy Board, and served it on all Canadian Attorneys General.  The Constitutional Question alleges that the City of Burnaby has refused to issue permits to Trans Mountain that are required under its zoning bylaw and tree bylaw and that this has resulted in unreasonable delays in completing the project.

The pipeline is clearly an interprovincial project that falls under federal jurisdiction by virtue of The Constitution Act, 1867. Trans Mountain has asked that written submissions on this issue be provided to the National Energy Board by Monday, November 6, 2017.  Saskatchewan has asked the board for an extension on this.

“Our government will continue to advocate for an expansion of pipeline capacity across Canada,” Morgan said.  “Our energy companies need to get their product to tidewater to ensure they receive the best price possible.  All Canadians benefit from a thriving energy sector, including the citizens of Burnaby.”