CER issues decision on Trans Mountain’s December 2021 Notice of Motion and Constitutional Question

February 25, 2022

The CER issued a decision today indicating that Trans Mountain does not need to obtain certain authorizations from the City of Burnaby to proceed with work at the Burnaby Terminal and Westridge Marine Terminal. Reasons for the decision will follow.

The decision pertains to authorizations for buildings and structures that are typically issued under Burnaby’s building, plumbing and electrical bylaws. Trans Mountain met the constitutional test to have parts of these bylaws declared invalid or inapplicable in respect of certain work at the terminals. This is the fifth time Trans Mountain has raised a constitutional question related to the applicability and operability of Burnaby’s bylaws.

In its decision, the Commission clarified that Trans Mountain would still have to comply with other relevant City bylaws. This will provide Burnaby with the opportunity to continue to have a role in oversight of this work.

Safety is a key priority of the CER in its decision-making and throughout the lifecycle of its regulated facilities. Regulated companies must follow all applicable CER requirements to ensure that their facilities are constructed and operated in a safe manner. This includes requirements set out in the underlying Certificate and Orders and commitments Trans Mountain made with respect to the safe construction and operation of the Burnaby Terminal and Westridge Marine Terminal.

[Filing C17897]

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