Court allows appeal on pipeline certificate, says B.C. needs to reconsider

Province’s approval of certificate was based on quashed original report from National Energy Board

Pipeline pipes are seen at a Trans Mountain facility near Hope, B.C., Thursday, Aug. 22, 2019. (Jonathan Hayward / The Canadian Press)

The British Columbia government has been ordered by the province’s highest court to reconsider its environmental assessment certificate allowing the expansion of the Trans Mountain pipeline.

In challenges by the Squamish Nation and the City of Vancouver, the B.C. Court of Appeal ruled the province’s approval of the certificate was based on the original report from the National Energy Board, which was later quashed by the Federal Court of Appeal.

After the National Energy Board reviewed the project for a second time, the federal government approved the pipeline expansion again.

READ MORE: Thousands of landowners on Trans Mountain pipeline route have yet to grant access

The Appeal Court says in its decision released today that in light of changes to the original report of the energy board when it reconsidered the project, provincial approval also needs to be reconsidered.

B.C.’s former Liberal government approved the expansion with 37 conditions, while relying on an agreement with the energy board that would stand for a provincial environmental assessment.

The three-judge panel said in its unanimous decision that through no fault of the provincial government, what is now Canada’s environmental assessment of the pipeline was not the same assessment used when B.C. approved its certificate.

The court dismissed other claims by the city and the Squamish Nation including that the province failed to sufficiently consult with Indigenous groups.

The Federal Court of Appeal agreed earlier this month to hear arguments from First Nations that argue they were improperly consulted before the federal government approved the pipeline expansion for the second time.

The City of Vancouver says in a statement that it’s pleased with the court’s decision. One of the reasons the city pursued the case was the Federal Court of Appeal’s decision that overturning Ottawa’s approval of the project, which led the energy board to reconsider the project and issue a new report.

“The City remains of the view that the Trans Mountain Pipeline project would have significant environmental impacts, including the unacceptable risk of oil spills and increased greenhouse gas emission related to the project at a time when the world needs to reduce emissions,” it says.

Environment Minister George Heyman was not immediately available for comment. Representatives from Trans Mountain and the Squamish Nation could not immediately be reached for comment.

The project would triple the capacity of an existing pipeline from Alberta’s oilpatch to a terminal in Burnaby, B.C.

The federal government bought the existing pipeline and the unfinished expansion work for $4.5 billion last year, promising to get it past the political opposition that had scared off Kinder Morgan Canada from proceeding.

The Canadian Press

READ MORE: Pembina CEO says ‘noise’ makes Trans Mountain pipeline bid unlikely

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Penticton Vees return to action with 7-0 win over Salmon Arm

The Vees will get right back to it tomorrow night

United Way celebrates seven decades of impact in Southern Interior

Organization sees issues with poverty, mental health and addictions, heighten during the pandemic

Parks Canada not responsible for Mount Kobau blockade

Nearby residents have been vocal about plans to turn the area into a national park

Two new COVID-19 cases reported in Interior Health

The total number of Interior Health cases since the beginning of the pandemic is now at 522

Wind, rain expected to subside in Penticton

Warm, clear days ahead as wet and windy conditions are forecasted to clear up by Sunday

B.C. records 98 more COVID-19 cases, most in Lower Mainland

One new senior home outbreak, Surrey Memorial outbreak over

Kelowna man injured during arrest sues RCMP

Supreme Court civil claim alleges Dustin Blondin was the victim of an ‘unprovoked attack’

PHOTOS: 2nd calf in a month confirmed among Southern Resident killer whale pod

Center for Whale Research said they will eagerly await to observe the calf to evaluate its health

97 distressed horses, cats and dogs seized from farm in Princeton

RCMP assisted as BC SPCA executed search warrant

$250K reward offered as investigation continues into Sea to Sky Gondola vandalism

Police also asking for specific footage of Sea to Sky highway around time of incident

Trudeau ‘disappointed’ by RCMP treatment of Sikh officers over mask issue

World Sikh Organization of Canada said taking Sikh officers off the front lines constitutes discrimination

Liberals reach deal with NDP on COVID-19 aid bill, likely averting election

NDP and the Liberals have reached an agreement on COVID-19 sick-leave

Money laundering inquiry delayed over of B.C. election: commissioner

Austin Cullen says the hearings will start again on Oct. 26

2 British Columbians arrested, 3 at large in massive Alberta drug bust

Eight people are facing 33 charges in what police have dubbed Project Incumbent

Most Read