On Wednesday, August 28, 2019, the National Energy Board (NEB) became the Canada Energy Regulator (CER). For further information please visit our Implementing the Canadian Energy Regulator Act information page
The National Energy Board carried out a rigorous, science-based and thorough review of the Keystone XL Pipeline Project. We received the application for the project on February 27, 2009.
We issued a Hearing Order [Document 556574] on May 12, 2009. The Hearing Order set out the steps for the oral public hearing. Anyone who wanted to become an intervenor in the hearing was required to apply to the NEB by June 9, 2009.
We received 30 applications to participate in the hearing as an intervenor, including five that were late. We approved all but one application for intervenor status, for a total of 29 intervenors.
In the Hearing Order, we asked participants to suggest any amendments to the List of Issues by June 9, 2009. The List of Issues indicates the topics that the Board would focus on during the hearing. Four intervenors provided comments on seven different issues. As a result of these comments, when the NEB issued the final List of Issues (page 93 of 168) [Filing A24669] on June 19, 2009, we amended the list to include: Potential impacts of the Project on Aboriginal interests.
At the same time that we requested comments from hearing participants on the List of Issues, we also asked for comments on the draft scope of the environmental assessment. We received comments from Transport Canada and revised the scope of the environmental assessment as a result.
As part of our review, we conducted an environmental assessment of the project, as required by the Canadian Environmental Assessment Act (CEA Act). Since this project included less than 75 kilometres of new Right of Way, as defined in the CEA Act Comprehensive Study List Regulations, we carried out a screening level environmental assessment. The Environmental Screening Report (page 122 of 168) [Document 604637] is included in our Reasons for Decision regfiling [Folder 604441]. Chapter 10 of the Reasons for Decision includes further discussion on environmental matters.
Hearing Participants had the opportunity to submit written evidence as well as information requests to the applicant and to other intervenors. Information requests allow intervenors to test other parties’ evidence through written questions.
Before we held the oral portion of the hearing, we asked participants if they would prefer to present their interests in Calgary, AB or Saskatoon, SK. Based on their response, we held the oral hearing in Calgary from September 15 – 18, 2009, September 21 to 25, 2009 and October 1 – 2, 2009, for a total of 11 hearing days. The transcripts from the oral hearing [Folder 570526] are available on our website.
After careful consideration of the evidence, the NEB approved the Keystone XL Pipeline Project, subject to 22 conditions, on March 11, 2010.
Governor-in-Council directed the NEB to issue a Certificate of Public Convenience and Necessity on April 22, 2010. This certificate is available on our website [Document 614192].
Key Hearing Milestones
- April 22, 2010 – Governor in Council directs the NEB to issue a Certificate of Public Convenience and Necessity [Document 614192]
- March 11, 2010 – NEB approves the Keystone XL Pipeline Project [Folder 604441, subject to 22 conditions
- September 15 – 18, 2009; September – 21 – 25, 2009; October 1 – 2, 2009 – NEB holds oral hearing [Folder 570526] in Calgary, AB
- June 19, 2009 – NEB releases revised List of Issues after gathering public comments and List of Parties [Folder 560808]
- May 12, 2009 – June 9, 2009 – Apply to participate as an Intervenor
- May 12, 2009 – NEB issues Hearing Order OH-1-2009 [Document 556574]
- February 27, 2009 – TransCanada Keystone files a project application with the NEB [Folder 556487]
- July 18, 2008 – TransCanada Keystone Pipeline GP Ltd. (Keystone) files a Preliminary Information Package [Document 417885] with the NEB
During the National Energy Board's review of this project, the evidence, letters of comment, Board decisions and other relevant documents were filed with the National Energy Board and placed on the Board's online document repository [Folder 550305]. These documents are accessible to the public.
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