NEB issues order on constitutional question for Trans Mountain Expansion Project

News Release

December 7, 2017 – Calgary – National Energy Board

The National Energy Board (NEB) issued an order today declaring that Trans Mountain Pipeline ULC (Trans Mountain) is not required to comply with two sections of the City of Burnaby’s bylaws as the company prepares to begin constructing the Trans Mountain Expansion Project. Reasons for the decision will follow.

The sections of the bylaws in question required Trans Mountain to obtain preliminary plan approvals and tree cutting permits for project-related work at Trans Mountain’s Burnaby Terminal, Westridge Marine Terminal, and at a nearby temporary infrastructure site.

Trans Mountain’s motion raised constitutional questions related to the applicability and operability of these Burnaby bylaws in relation to the project. The full text of Trans Mountain’s motion [Filing A87282] is available on the NEB website.

This decision allows the company to begin work at its temporary infrastructure site near the Westridge Marine Terminal, and some work at the Burnaby Terminal, subject to any other permits or authorizations that may be required.

The National Energy Board is an independent federal regulator of several parts of Canada’s energy industry. It regulates pipelines, energy development and trade in the public interest with safety as its primary concern. For more information on the NEB and its mandate, please visit

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Quick Facts

  • On October 26, 2017 Trans Mountain filed a notice of motion and notice of constitutional question asking the NEB to issue an order declaring that certain sections of the City of Burnaby’s bylaws do not apply to work the company will carry out at its Burnaby Terminal and Westridge Marine Terminal, or its use of a temporary worksite.

  • As this motion included a notice of a constitutional question, in accordance with section 57 of the Federal Courts Act, it was served on the Attorney General of Canada and all provincial attorneys general. The attorneys general of Alberta, British Columbia and Saskatchewan participated in the hearing.

  • The Board held a two-day oral hearing in Calgary, AB on November 29, 2017 and December 4, 2017 to consider Trans Mountain’s request.

Associated Links


Sarah Kiley
Communications Officer
National Energy Board
Telephone: 403-614-6526
Telephone (toll-free): 1-800-899-1265

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