In Canada, we have a well-defined hierarchy of levels of government. The federal government has its role and the provinces have their own powers and responsibilities. Beneath that are the cities – “creatures of the provincial government” – which only have powers set out for them in provincial legislation.

It’s been standard legal precedence for generations: senior levels of government take precedence over lower levels. That’s why, for example, the federal government doesn’t have to apply for provincial Agricultural Land Reserve permits for things like airports – the feds override the province.

Sometimes cities miss this point. Often, it’s on purpose, to make a political statement. Unfortunately, it’s local taxpayers who end up on the hook for hundreds of thousands of dollars for those statements.

The City of Burnaby tried to use its bylaws to slow or stop work on the Trans Mountain pipeline, despite the pipeline being in compliance with National Energy Board rules. Trans Mountain took them to court and – to the surprise of no one, Burnaby lost. From the Globe and Mail:

But Justice George Macintosh said in a ruling posted online Monday that the National Energy Board has the constitutional power to direct or limit the enforcement of Burnaby’s bylaws.

Macintosh said the energy board can take such action when city bylaws interfere with or block the regulation of the pipeline and expansion project, ruling NEB laws are supreme.

“Where valid provincial laws conflict with valid federal laws in addressing interprovincial undertakings, paramountcy dictates that the federal legal regime will govern,” said Macintosh. “The provincial law remains valid but becomes inoperative where its application would frustrate the federal undertaking.”

The article notes Burnaby is considering an appeal. I’d urge them to give it up – why throw good money after bad? The City has already been ordered to pay Trans Mountain’s legal costs.