George Heyman, Minister Environment and Climate Change Strategy, and Bruce Ralston, Ministre of Energy, Mines and Low Carbon Innovation, have made changes to Trans Mountain Expansion Project’s Environmental Assessment Certificate and provided recommendations to other agencies. The pipeline will run between Edmonton and Burnaby.
This provincial reconsideration process resulted from a federal Court of Appeal 2018 decision and associated decisions by B.C. Court of Appeal in 2019. The 2019 Court of Appeal. This 2019 reconsideration was then used by the federal government as a basis for its decision to approve this project again. The B.C. Court of Appeal, in two cases, decided that because the ministers who issued the provincial certificate relied on the NEB’s assessment, they should have the opportunity to consider the changes in the NEB’s reconsideration report and determine if any changes to the certificate conditions, or the addition of new ones, are necessary, within the limits of provincial jurisdiction.
The ministers directed that the Environmental Assessment Office (EAO), review the changes made to the 2019 NEB reconsideration reports on aspects of the project relating to marine shipping. The EAO reviewed the portions of 2019’s reconsideration report that differ from 2016 to determine if any changes or additions to certificate conditions were necessary (within the province reconsideration process and within the limits of provincial jurisdiction). More details are available in the ministers’ reasons for decision, below.
As part of the provincial reconsideration process, the EAO invited Swxwú7mesh Úxwumixw (Squamish Nation), slilwta (Tsleil-Waututh Nation) and the City of Vancouver to participate in the process and formed a provincial advisory group to provide technical expertise and support the EAO’s understanding of key issues. Trans Mountain, federal government departments, and marine Indigenous Nations were also included in the EAO’s participation. The public was invited to comment for 45 days before the EAO made recommendations to ministers.
The EAO established clear criteria for analyzing the NEB reports and submissions through the reconsideration process in order to determine whether any changes should be made to Environmental Assessment Certificate.
- Whether the issues were related to differences between NEB reports
- Whether the Province was allowed to modify or add EAC conditions;
- Avoiding unnecessary duplication in relation to existing Environmental Assessment Certificates or NEB conditions, regulatory mechanism, NEB recommendations for Governor in Council and/or federal government accommodation actions and initiatives.
The Province has made these changes to the provincial Environmental Assessment Certificate in response to the reconsideration process.
- Amending Condition 35 (Fate or Behaviour of Bitumen Research), Trans Mountain is required to provide research updates once every five years and to include local coastal governments as parties to the consultations on the research
- A new condition that requires a human risk report.
- Identifying exposure pathways in the case of a marine accident
- Identifying the roles and responsibilities for local, provincial, and federal authorities in the case of a marine disaster
- Consult with Indigenous Nations, local governments, and relevant agencies to create the report. This report will provide important information to the federal government and its agencies as they prepare plans to address the potential health effects of spillages on human health.
- Trans Mountain is required to create a shoreline baseline report. This was done in consultation with different parties. It consolidates data at possible incident locations along the shipping route and will help strengthen restoration and recovery in case of a ship-source maritime spillage.
- Adding Snuneymuxw First Nation to the list of Aboriginal Groups – Marine Shipping
- Adding a definition to Potentially Affected Coastal Regional Local Governments
Heyman and Ralston also provided advice to federal government to take into consideration and act on concerns raised during the reconsideration process by participants that were not covered by the B.C. Court of Appeal’s direction.
Learn More
A record of the factors that the ministers considered in making their decision and the final reconsideration report can be found on the EAO’s Project Information Centre: https://www.projects.eao.gov.bc.ca/p/5885121eaaecd9001b82b274/project-details
EAO public comment period What We Heard Report https://projects.eao.gov.bc.ca/api/public/document/60902fab70b71f0022189a18/download/TMX_Provincial_Reconsideration_Process_WWH_Report_final.pdf
A detailed history of how the Province reached the reconsideration process. https://projects.eao.gov.bc.ca/api/public/document/6001bc80654536002065ccfe/download/TMX_Reconsdieration_Detailed_History_V1.pdf
Information on B.C.’s Environmental Assessment Process: https://www2.gov.bc.ca/gov/content/environment/natural-resource-stewardship/environmental-assessments/the-environmental-assessment-process/2018-act-environmental-assessment-process
Connect with the Province, B.C. at: www.gov.bc.ca/connect