Next steps for the Trans Mountain Expansion Project

The National Energy Board has ruled on regulatory processes for the Trans Mountain Expansion Project, including detailed route and condition compliance processes.

According to the regulator, as part of the detailed route approval process, Trans Mountain must issue notices to landowners along the entire route, including those that were served previously, and publish notices in local newspapers.

The NEB says it will also notify potentially affected Indigenous peoples, advising of the detailed route approval process.

Affected landowners and Indigenous peoples who have concerns with the proposed route of the pipeline must file a Statement of Opposition (SOO). This applies to those who would like the NEB to review a prior detailed route decision, hold a new hearing or proceed with a detailed route hearing that was previously underway.

Instructions and forms to do so are on the NEB’s website and Process Advisors are available to provide assistance.

The decision follows a public comment period, held from June 21 – July 9, 2019, where affected parties, the company and the public were invited to provide input on the NEB’s proposed approach to resuming regulatory processes for TMX, including any proposed alternatives.

In consideration of the comments received, the NEB says this decision sets out how all regulatory processes for Trans Mountain will move forward. Written reasons for the NEB’s decision will follow and will be shared publicly.

The NEB says it will continue to keep Canadians informed as processes resume and next steps for the Project begin.

Last August, a Federal Court of Appeal decision shut down construction of the pipeline which would more than double capacity on the Trans Mountain pipeline.

In February, the NEB issued its Reconsideration Report where it confirmed its recommendation that certificates should be issued for Trans Mountain.  It also amended six conditions, and converted one condition into one of 16 recommendations to mitigate impacts from Project-related marine shipping, which the NEB does not regulate.

Last month, the Canadian government approved the TMX project.

The NEB says decisions and orders that were issued prior to the Federal Court of Appeal decision last August that shut down construction will remain valid.

From December 2016 until the August 2018 Federal Court decision, the NEB had approved over 73 per cent of the detailed route and found that 64 of 98 pre-construction conditions had been fully satisfied.

This permitted Trans Mountain to commence construction at the Westridge Marine Terminal, certain temporary infrastructure sites, and portions of the pipeline route.

The regulator says it may review any of these decisions or orders of its own motion, due to new information from Trans Mountain, or an application for review.