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
Original Project filing and hearing
On December 16, 2013, Trans Mountain submitted an application [Folder 2392873] to the National Energy Board (NEB) for the Trans Mountain Expansion project (the Project).
The Project includes:
- Pipeline facilities that complete a twinning of the existing 1147 km Trans Mountain pipeline system in Alberta and British Columbia, with about 991 km of new buried pipeline;
- New and modified facilities, such as pump stations and tanks;
- Additional tanker loading facilities at the Westridge Marine Terminal in Burnaby;
- Reactivation of 193 km of pipeline between Edmonton and Burnaby; and
- Increasing Trans Mountain’s shipping capacity from 300,000 bbl/d to 890,000 bbl/d
Most of the new pipeline was to be adjacent to the existing pipeline or along existing corridors. The typical width of the construction Right of Way would be 45 metres, including 12 metres of permanent easement.
In April, 2014, the NEB issued the Hearing Order [Filing A59503], outlining the process and steps for the public hearing process.
During the NEB's review of the Project, all evidence, letters of comment, Board decisions and other relevant documents were filed with the NEB and placed on the online document repository. These documents are all accessible to the public and can be found here: [Folder 2392873].
- Transcripts for oral summary argument hearings [Folder 2498240]
- Archived video of oral summary argument
On May 19, 2016, the NEB issued a report recommending that the Governor in Council approve the Project, subject to 157 conditions.
On November 29, 2016, Governor in Council directed the NEB to issue a Certificate of Public Convenience and Necessity for the Project.
- Summary of Recommendation Report
- Key milestones for the Project review
- Backgrounder: By the Numbers
- Backgrounder: Testing of evidence at the NEB
- Backgrounder: Environmental Assessment
Post-approval regulatory work
From December 2016 – August 2018, the NEB carried out extensive regulatory compliance work on the Project:
On May 29, 2018, the Government of Canada and Kinder Morgan announced that they had entered into a Share and Unit Purchase Agreement (Agreement). Under the Agreement, the Government of Canada acquired the shares and units of all the entities that own and operate the existing Trans Mountain pipeline. Kinder Morgan Canada shareholders voted to approve the transaction at a meeting on August 30, 2018.
The NEB will continue to regulate the existing Trans Mountain pipeline. The NEB Act, Regulations, and all Certificates and Orders issued by the NEB will continue to apply.
Federal Court of Appeal Decision
On August 30, 2018, the Federal Court of Appeal released a decision that quashed the Order in Council approving the Project, and nullified the Certificate issued by the NEB for the Project. Shortly thereafter, the NEB cancelled all ongoing detailed route hearings and advised Trans Mountain to safely cease all construction activity in a manner that minimizes environmental impact.
In September, 2018, Trans Mountain provided an overview to the NEB [Folder 3614112] that described how it would cease construction, and provided regular updates [Folder 2981674] about the status of those activities.
On September 20, 2018, the Government of Canada referred aspects of the NEB 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 Reconsideration involved 118 Intervenors, including 52 Indigenous groups and individuals, and 8 federal government departments. There were also 25 individual Oral Indigenous Knowledge sessions in Calgary, Victoria and Nanaimo.
On February 22, 2019, The NEB delivered its Reconsideration Report to the Government of Canada, with an overall recommendation that the Project is in the Canadian public interest and should be approved.
The NEB imposed 156 conditions on the Project and made 16 new recommendations to the Government of Canada. The recommendations relate to matters that fall outside of the NEB’s regulatory mandate, but within the authority of the Government of Canada.
On June 18, 2019, Governor in Council directed the NEB to issue a Certificate of Public Convenience and Necessity for the Project.
- News Release
- Introduction and Disposition (an excerpt from the Reconsideration Report)
- Reconsideration Report Conditions and Recommendations Overview
- Reconsideration Process and Hearing
- Reconsideration report video
Resuming the Regulatory Process
A public comment period was 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.
On July 19, 2019, the NEB decided how regulatory processes for the Project would continue, including detailed route and condition compliance processes.
As set out in its decision [Filing C00593], issued to Trans Mountain, NEB decisions and orders prior to the Federal Court of Appeal decision will remain valid, unless the NEB decides that relevant circumstances have materially changed. A review of any of these decisions or orders could be done on the NEB’s own motion, due to new information from Trans Mountain, or an application for review.
- News Release
- Reasons for Decision [Filing C01407]
- Public Comment Period
- Resuming Regulatory Processes – Regulatory Documents [Folder 3781436]
Government of Canada Reports Related to the Project
In addition to the NEB Recommendation Report, the Government of Canada conducted reviews of the Project.
- Natural Resources Canada – Ministerial Panel Report [PDF]
- Natural Resources Canada – Online Questionnaire Report [PDF]
- Major Projects Management Office – Crown Consultation and Accommodation Report [PDF]
- Environment and Climate Change Canada – Review of Related Upstream Greenhouse Gas Emissions Estimates [PDF]
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