The BC Court of Appeal has approved a City of Coquitlam application to appeal an order by the BC Utilities Commission (BCUC) that allowed Fortis to abandon a decommissioned gas pipeline running through City lands. The order had directed the City and Fortis to share the cost of removing the pipeline to allow for the installation of municipal infrastructure. UBCM provided an affidavit to the Court in support of Coquitlam that advanced the argument this was an application that could impact local governments across British Columbia.
UBCM involvement in legal appeals is limited to instances where the matter in dispute could have a broad impact to other local governments in British Columbia. The City was granted leave to appeal in a ruling by the BC Court of Appeal on October 7. The Court of Appeal ruling references the UBCM affidavit in its decision as follows, including the need for greater jurisdictional clarity over decommissioned infrastructure and the consequences of the BCUC decision for local government budgets and planning:
[36] I am of the view that the proposed appeal would raise novel issues of law concerning the jurisdiction of the BCUC vis-à-vis local governments. Mr. MacIsaac’s affidavit illustrates that those jurisdictional boundaries have been a matter of general concern for BC municipalities. The fate of decommissioned public utility assets like pipelines is undoubtedly a matter of public importance. Furthermore, both Coquitlam and FEI stress the significant cost implications which arise from a decision on this issue. I am therefore satisfied that the appeal would raise a question of general importance and would offer a “clear benefit.”
The City of Coquitlam had requested UBCM participation in this matter. “Coquitlam has maintained all along that, while we support the need for infrastructure upgrades, private infrastructure should not be subsidized by the local taxpayer,” said Mayor Richard Stewart. “I am grateful to UBCM for its intervention and support on this issue, and I’m hopeful that it will pave a new path forward for how our utilities work together with all local municipalities.”
UBCM has also been requested to appear as an intervenor in the appeal. UBCM’s Executive supported this request at its recent meeting and is preparing to do so.