Autonomy and Authority of Local Jurisdictions with respect to Trans Mountain Pipeline Expansion Activities

Whereas the Trans Mountain TM pipeline was conceived and developed in the 1950s to move energy products, including oil and gas, from its source to other markets for refining and potential export; And whereas the pipeline created a concomitant corridor to facilitate further works, servicing, and other infrastructure-related opportunities further to the movement of natural oil and gas products from Alberta to the British Columbia coastline; And whereas the associated pipeline works cross over numerous territories, regions, local government and First Nation jurisdictional areas across the Province of British Columbia; And whereas there have been on-going concerns expressed by many local entities both within the Metro area, and beyond, regarding concerns arising from the potential for deleterious results from pipeline-related activities affecting the natural environment, watercourses, local infrastructure, agriculture, and other areas of local government influence and jurisdiction under the Community Charter and Local Government Act; And whereas most recently, Kinder Morgan has sought, and received approval, from the federal government of Canada to twin the existing pipeline Trans Mountain Expansion Project TMEP largely to construct new infrastructure to enhance the capacity of the existing dated infrastructure; And whereas by Decision dated December 7th, 2017, the NEB concluded that local TM works in the City of Burnaby related to the Citys Zoning and Tree Bylaw could proceed without these local government approvals based on a prior BC Court of Appeal ruling in support of the NEBs jurisdiction to resolve conflicts relative to a Federal regulatory scheme; And whereas this recent ruling has significantly undermined opportunities for all accountable local governments, regions, territories and First Nations representative bodies to protect our local communities from a plethora of environmental and social maladies potentially associated with the aforementioned expansion: Therefore be it resolved that FCM, the provincial government and the federal government create a framework to articulate and establish enforceable protocols and legally binding agreements to ensure that the Trans Mountain Pipeline must be in substantial compliance with all provincial and municipal permitting and authorizations prior to commencing with pipeline expansion associated works in any local area.