Mayors and Some Provincial Leaders Take Note

Judge Macintoish of the Supreme Court of BC issues the following points . It is unfortunate that certain leaders in this nation including some lawyers need reminding about what really is so obvious and take up the valuable time of judges .

‘Finally, I return to Burnaby’s declaration and the five constitutional questions quoted above at paragraphs 12-15.

[83] Addressing the declaration first, the NEB has the constitutional power to direct or limit Burnaby in the enforcement of its bylaws when the bylaws interfere with or block the NEB in its regulation of the Trans Mountain Pipeline and the Expansion Project.

[84] Question 1 is answered in the affirmative. Burnaby’s bylaws are constitutionally inoperative to the extent that they conflict with actions taken under the authority of s. 73 of the NEB Act.

[85] Question 2 is answered in the affirmative. Burnaby’s bylaws are constitutionally inapplicable to actions taken under s. 73 of the NEB Act in respect of a federally‑regulated, interprovincial undertaking, by operation of the doctrine of interjurisdictional immunity.

[86] Regarding question 3, the NEB Act, and in particular s. 73(a), apply to override municipal bylaws, and authorize the contravention of municipal bylaws, including Burnaby’s bylaws, and provide the authority to direct or limit a municipality in the enforcement of its validly-enacted bylaws.

[87] Regarding question 4, the NEB Act is not ultra vires the Parliament, and has force and effect in respect of Burnaby’s enforcement of its bylaws.

[88] Regarding question 5, the NEB Act is constitutionally applicable to the municipality of Burnaby in the enforcement of its bylaws concerning land use planning, protection of the local environment and regulation of local traffic, where the bylaws impede or block the NEB acting within its jurisdiction, and companies operating pursuant to its direction.

[89] Burnaby’s application is dismissed with costs to Trans Mountain.

That is Burnaby must pay !

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s