Decision outlines how regulatory processes will resume
For Immediate Release
July 19, 2019 – Calgary, Alberta – National Energy Board
The NEB has decided how regulatory processes for the Trans Mountain Expansion Project (Project) will continue, including detailed route and condition compliance processes.
NEB decisions and orders issued prior to the Federal Court of Appeal decision will remain valid, unless the NEB decides that relevant circumstances have materially changed. The NEB may review any of these decisions or orders of its own motion, due to new information from Trans Mountain, or an application for review.
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 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.
Today’s 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 the Project, including any proposed alternatives.
In consideration of the comments received, this decision sets out how all regulatory processes for the Project will move forward. Written reasons for the NEB’s decision will follow and will be shared publicly.
The NEB will continue to keep Canadians informed as processes resume and next steps for the Project begin.
- Trans Mountain applied for NEB approval of the Project in December 2013.
- The NEB released its Hearing Order in April 2014, and the Hearing concluded in February 2016.
- The NEB issued its Recommendation Report in May 2016 for the Project, recommending the Project be approved subject to 157 conditions.
- The Government of Canada approved the Project in November 2016.
- From December 2016 until the Federal Court of Appeal decision in August 2018, the NEB approved over 73% 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.
- On August 30, 2018, the Federal Court of Appeal decision set aside the Order in Council that approved the Project.
- On September 20, 2018, the Government of Canada directed the NEB to reconsider its recommendations as they related to project-related marine shipping.
- On February 22, 2019, the NEB released its Reconsideration Report. The NEB confirmed its recommendation that certificates should be issued for the Project, 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.
- On June 18, 2019, the Government of Canada approved the Project
- The public comment period on resuming regulatory processes was held from June 21 – July 9, 2019.
- Letter Decision on Resuming Regulatory Processes [Filing C00593]
- Resuming the Regulatory Process – Project page
- Public Comment Period Information
The National Energy Board is an independent federal regulator of several parts of Canada’s energy industry. It regulates pipelines, energy development and trade in the public interest with safety and environmental protection as its primary concern. For more information on the NEB and its mandate, please visit the National Energy Board website.
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