The Trans Mountain Expansion Project (TMX) is a proposal by Trans Mountain Corporation, a subsidiary of Kinder Morgan, to twin the existing Trans Mountain oil pipeline and expand the Westridge Marine Terminal. The existing pipeline, built in 1953, runs from Edmonton, AB, to the Westridge Marine Terminal and the Chevron refinery in Burnaby, BC. Detailed information about the project can be found on the Trans Mountain website.
The TMX project is subject to a review by the National Energy Board (NEB) under the Canadian Environmental Assessment Act, 2012 and the National Energy Board Act. On December 16, 2013, Trans Mountain Pipeline ULC filed an application with the NEB.
In accordance with the legislated time limit, the NEB submitted a recommendation report to the Minister of Natural Resources on May 19, 2016. Detailed information about the NEB’s review of the project can be found on the NEB website.
On November 25, 2016, the Governor in Council approved the Trans Mountain Expansion project and directed the NEB to issue a Certificate of Public Convenience and Necessity for the Project.
On August 30, 2018, the Federal Court of Appeal (FCA) released its decision related to the Trans Mountain Expansion Project. The decision quashed the approval of the project on two grounds: (i) the National Energy Board (NEB) erred in its decision to exclude consideration of marine shipping impacts; and (ii) Canada failed to properly execute its legal duty to consult with Indigenous Peoples.
On September 21, 2018, the Government of Canada instructed the NEB to reconsider its recommendation, taking into account the effects of project-related marine shipping. The NEB is required to conduct a public hearing process and deliver its report to the Government within 22 weeks, February 22, 2018.
On October 3, 2018, the Government of Canada announced that it would be reinitiating its Crown consultations with all 117 Indigenous groups potentially impacted by the project.
Government of Canada’s Decision-Making Process
Undertake deeper consultations with Indigenous peoples
The Crown recognizes that Indigenous groups are partners in developing Canada’s resources and is committed to fulfilling its duty to consult in a meaningful and responsive manner. Natural Resources Canada (NRCan) is serving as the Crown Consultation Coordinator for TMX and will coordinate the consultation requirements of federal departments and agencies with relevant regulatory mandates throughout the review, decision-making and regulatory phases of the project. NRCan is the Government’s primary point of contact for Indigenous groups.
The Government will expand Crown consultations for the project and provide Indigenous groups with additional funding to support their participation in these consultations. Consultations with potentially impacted Indigenous groups are underway. Information and feedback gathered in consultations will be consolidated to inform future decisions on the project.
The Government has also appointed former Supreme Court of Canada Justice, the Honourable Frank Iacobucci, as Federal Representative to provide independent advice and guidance on the consultation and accommodation process.
Participant funding has been made available to all impacted Indigenous Peoples to support participation in the consultation process.
Facilitate further public engagement
On May 17, 2016, the Honourable Jim Carr, Minister of Natural Resources, announced that Ms. Kim Baird, Mr. Tony Penikett and Dr. Annette Trimbee would serve as his Representatives on the Trans Mountain Pipeline Expansion Project Ministerial Panel.
During the summer of 2016, the Panel engaged people from potentially affected communities close to the proposed pipeline and shipping corridors. The Panel received input through in-person and online channels, and identified relevant additional views to those already heard in the NEB Report. View the Online Questionnaire Report.
The Panel submitted a report of their findings to Minister Carr on November 1, 2016. View the Ministerial Panel Report.
Assess the upstream greenhouse gas emissions associated with this project and make this information public
Environment and Climate Change Canada conducted an assessment of upstream greenhouse gas emissions (GHG) linked to the TMX project, a draft of which was posted on May 19, 2016, for public comment. After review and consideration of public comments, a final assessment was posted.
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