[Bring_Back_Shantz]

Originally Posted by CorsiHockeyLeague

Sure, but if these things are applied in a manner that frustrates the purpose of the NEB Act, they're read down so as not to apply to the interprovincial undertaking owing to federal paramountcy.

For example, if the NEB grants a permit to build the pipeline in a particular location, and the Municipality of Burnaby refuses to grant them the requisite permits to build the facilities they need, it doesn't matter if Burnaby has the jurisdiction to grant or withhold such permits in general.

Anyway I haven't thought about this very hard, which is why I asked the question, so these are more musings and intuitive reactions than anything.

Yeah, and if they aren't then they are totally constitutional.

That was kind of my point when I replied to your question.

Could the conditions be unconstitutional? Sure.
Is there any reason to assume they wouldn't be (which is kind of what your question assumed)? Nope.