The notice says shortly before that time is up, all or most of the blockade participants leave, only to be replaced by a second group to which police also read the injunction order, before a third group arrives and repeats the process. It says a group of protesters obstructs access to a facility and when RCMP arrive, they are advised to comply with the order within 10 minutes to prevent arrest. Trans Mountain says in its notice of civil claim that protesters have changed their tactics to maximize disruption at the construction sites and to avoid arrest for breaching the injunction order. Supreme Court Justice Kenneth Affleck granted the order in March, when he turned down a request for a 50-metre exclusion zone at the Burnaby Terminal and the Westridge Marine Terminal. That report also details how the costs have grown substantially from the $5.4 billion first estimated by Kinder Morgan in 2013.Lawyers for Trans Mountain will be back in court today to ask a British Columbia judge to amend an injunction order limiting people from protesting within five metres of two work sites in Burnaby.ī.C. Megaprojects like TMX are susceptible to cost overruns because slight problems can cascade into larger delays given there are many moving pieces that have to happen in a certain order.Ī report published in September by West Coast Environmental Law estimated the cost of TMX is approaching $20 billion, far higher than the price tag of $12.6 billion announced in February 2020. “The standard on constitutional matters is high, and mere added expense or inconvenience is not sufficient,” he wrote. McDade also wrote Trans Mountain has not provided evidence it would be impossible to meet the permitting requirements, and that before the commission accepts such a claim, it should be subjected to detailed scrutiny. He further noted the CER is not a municipal regulator, and it “should be cautious” about overruling the very department that would have to respond to any emergency. “It is Trans Mountain’s failure to follow the Fire Services Bylaw and Building Bylaw that has prevented the issuance of permits, and it is Trans Mountain resistance to following these city obligations that has led to any time delays,” he wrote. 23, on behalf of Burnaby, Ratcliff LLP senior counsel Gregory McDade responded to Trans Mountain’s request to sidestep fire safety requirements to say the city recognizes Trans Mountain’s terminals have federal approval, and the city cannot reject permits if it would be impossible for TMX to comply, but said this “constitutional issue does not arise here,” calling the fire safety bylaws “reasonable” and “constitutionally valid.” He also said construction delays of “several months” would result in “hundreds of millions in excess capital costs.” In an affidavit from last year, Trans Mountain CEO Ian Anderson said each month the company is delayed from bringing the pipeline into service represents about $100 million in lost revenue. 22, Bowcock told the Canada Energy Regulator the “key issue is Trans Mountain’s non-compliance with the fire lane standards established by Burnaby’s Fire Services Bylaw at the terminals.” But Burnaby Fire Chief Chris Bowcock said at the time he wasn’t satisfied, and wanted the department to be able to provide a strong response to a fire within 10 minutes otherwise nearby residents would be at risk.
The expansion plans would see the number of storage tanks doubled.Įarlier this year during a surprise inspection of the site, a tank fire simulation was controlled within two and a half hours (the target range is four hours).
Right now, the Burnaby terminal has 13 storage tanks with capacity to hold 1.6 million barrels of oil. The central issue is how quickly could the fire department respond to a blaze at the facility.
Since then, the city has mounted a defence and last week filed sworn affidavits accusing Trans Mountain of dodging critically important fire safety requirements. In early December, the Crown corporation that is building a pipeline from Edmonton to a Burnaby terminal filed a request to the Canada Energy Regulator asking for a “constitutional declaration” that would allow it to build without having secured proper fire safety permits from the city. Burnaby is fighting back against Trans Mountain’s request to be excused from certain fire safety plans.
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