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NEB announces first steps for Trans Mountain Expansion Project reconsideration hearing
For Immediate Release
September 26, 2018 – Calgary – National Energy Board
The National Energy Board (NEB) today announced that it will hold a public hearing to carry out its reconsideration related to the Trans Mountain Expansion Project.
The NEB has assigned a panel, opened up the application-to-participate process, and is seeking comment on the focus and design of the upcoming hearing. Board Members assigned to the hearing panel are Lyne Mercier (presiding), Alison Scott, and Murray Lytle.
On September 20, 2018, the Government of Canada referred aspects of the Board’s May 2016 recommendation report – related to the application of the Canadian Environmental Assessment Act, 2012 (CEAA 2012) and the Species at Risk Act to Project-related marine shipping – back to the NEB for reconsideration. The Government has directed the NEB to complete the reconsideration process and issue its resulting report no later than February 22, 2019.
The NEB is now seeking public comments on, among other things, the draft amended factors and scope of the factors for the environmental assessment under the CEAA 2012; the draft list of issues to be considered in the hearing; and on the design of the hearing process itself.
The deadline for filing comments on the above, and for applying or registering to participate in the hearing, is October 3, 2018.
“The NEB will carry out its reconsideration related to the Trans Mountain Expansion Project as directed by the Order in Council, and in a fair, efficient, and accessible manner. I am confident in the NEB’s ability to complete a thorough examination of the matters directed by the Government within the required timeline.
– Peter Watson, Chair and Chief Executive Officer, National Energy Board
- In May, 2016 the NEB recommended that the Federal government approve the Trans Mountain Expansion Project subject to 157 conditions. The Federal Government approved the Project in November 2016.
- The NEB was involved in various aspects of regulatory oversight of the Project from December, 2016 to August, 2018, including determining the detailed route and a variety of condition compliance activities.
- On August 30, 2018, a Federal Court of Appeal decision quashed the Order in Council approving the Trans Mountain Expansion Project, and nullified the Certificate issued by the NEB for the project.
- Ongoing NEB processes directly related to the Trans Mountain Expansion project, including consideration of condition compliance filings, Right of Entry applications and detailed route hearing processes, have ceased. The NEB also expects Trans Mountain to safely cease all construction activity in a manner that minimizes environmental impact.
- On Sept. 20, 2018, the Government of Canada directed the NEB to reconsider its recommendations as they are relevant to project-related marine shipping. The Government has directed this work to be completed within 155 days.
- Sept. 26 NEB letter requesting comments related to the reconsideration hearing [Filing A94153]
- Application to Participate form
- Participant Funding request form and information
- Sept. 20, 2018 Order in Council [Filing A94111] requiring the NEB to reconsider its recommendations
- NEB’s Trans Mountain Expansion Project web page
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 as its primary concern. For more information on the NEB and its mandate,please visit the National Energy Board website.
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