The provincial government says the Federal Court of Appeal has dismissed its application to appeal a National Energy Board ruling that allows Kinder Morgan to bypass City of Burnaby bylaws during construction on the Trans Mountain pipeline expansion.

The NEB ruled in December that the company is not required to comply with two sections of the City of Burnaby’s bylaws on land and tree clearances.

Kinder Morgan had argued the bylaws were unconstitutional because they hindered its ability to go ahead with the federally