The Green Party of Canada is condemning , saying it "effectively silences" the city's public criticism of the expanded pipeline and its two terminals, but Burnaby Mayor Mike Hurley says not much will change under the agreement except more co-operation on public safety.
The federal lambasting the agreement and calling for a "thorough investigation" to find out if the agreement is even legal.
"The public has a right to know when their safety is at risk, and no amount of corporate money should be able to buy silence or complicity from any government body," party leader Elizabeth May said in the release. "We will continue to hold both Trans Mountain and all levels of government accountable for the protection of our communities, our environment, and our future."
The "," approved by city council at a closed-door meeting on Sept. 23, will see Trans Mountain pay the city $20.1 million over the next 21 years to help enhance the city's emergency response program.
The signatories have also agreed to work together on emergency management, including "joint emergency management exercises, emergency procedures, protocols and mutual accountabilities."
But the deal also includes clauses that will prevent city staff from making "any negative public communications, whether based on fact or opinion or otherwise, directly or indirectly, related to the other party, including any communication regarding past disputes."
The agreement also requires the city to remove "all negative public communications about Trans Mountain, its operations, shareholders and affiliates" from its communications channels, including its website, and to have all future news releases related to Trans Mountain vetted by the company before publication.
The Greens said the agreement "effectively silences" the city, which has been a vocal critic of the expansion of the pipeline and its tank farms for the last 10 years.
"Silencing a municipality's voice on such a critical issue is undemocratic and dangerous. This agreement prevents the City of Burnaby from fulfilling its duty to its residents, to openly communicate risks, and to advocate for public safety. It is unacceptable," May said in the release.
But Hurley said the agreement will not prevent him or council from speaking out.
In an interview with the Burnaby NOW, he noted the agreement doesn't apply to public comments made by mayor and council.
"I or any member of council can talk about whatever we want," he said.
"If the fire chief comes and tells me something that's concerning him, I will be speaking about it. And that's a fact."
Hurley was unambiguous about his continued opposition to the expanded Trans Mountain facilities in Burnaby but said the city now needs to do its best to keep the community "as safe as (it) possibly can."
"It still makes no sense to me; however, that's pushed down our throat now, so we have to deal with it," he said.
Hurley said the agreement will allow the city and Trans Mountain to share information and collaborate on public safety measures.
When asked if the agreement was the only way Trans Mountain would agree to work with the city, Hurley said: "I don’t know if it was the only way, but this is the way that staff brought it back to us, and they've been working on this for a while."
Hurley said he was unable to provide details about the debate over the agreement during the closed-door council meeting.
"Let's just say it's uncomfortable for us all, I think, given what we've been through and how much mistrust there is and will continue to be until we find a real solid way to work together, and hopefully this will lead us there."
Burnaby Coun. Alison Gu, who has been a longtime critic of the Trans Mountain expansion, cycling from Ottawa to Burnaby in protest when she was a third-year university student, said approving the agreement was a difficult decision for council.
"The vote was really just about really trying to make the best decision in a terrible situation," she told the NOW.
She said it wasn't about the money for her but about increased co-operation on public safety between the city and Trans Mountain.
"There just aren’t a lot of options for local governments in this situation. The federal government owns the pipeline; the provincial government does environmental protection legislation. There’s no ability for the city even to have any tools."
Gu said she agreed with criticism from , whose founder, Duff Conacher, said companies should pay to protect the public from the risks they create and should do so without conditions, such as a city's silence.
"I agree with that," Gu said, “but was it happening? No."
Ultimately, Gu said mayor and council, not staff, have been the ones leading public criticism of the Trans Mountain expansion over the past 10 years and the agreement won't change that.
One exception was former fire chief Chris Bowcock who published about the proposed project in 2015.
Gu said that report is still available, as are media reports about the city's past criticism of Trans Mountain.
"Really, to me, there's nothing left to say that hasn't already been said," Gu said.
The NOW has reached out to Trans Mountain with questions about the agreement and is waiting to hear back.
Burnaby Coun. Joe Keithley, the only Green Party candidate on city council, has not responded to multiple requests for comment on the agreement.
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