Trans Mountain Pipeline ULC – Trans Mountain Expansion

Statement of Opposition

Any person who has been served notice or anticipates that their lands may be adversely affected by Trans Mountain’s proposed detailed route may oppose the proposed detailed route by filing a statement of opposition [WORD 187 KB] with the NEB within this 30-day comment period. The statement of opposition must set out the nature of the person’s interest and the grounds for the opposition to the proposed detailed route of the pipeline. The statement of opposition must relate to one or more of the following matters:

  • the proposed location of the pipeline;
  • the methods of pipeline construction; and/or
  • the timing of pipeline construction.

If the NEB receives any valid written statement of opposition during the comment period, the NEB will conduct a public hearing. In assessing Trans Mountain’s proposed detailed route for each segment, the NEB will take all relevant matters into account in determining the best possible detailed route of the pipeline and the most appropriate methods and timing of construction of the pipeline. The detailed route process does not reconsider the NEB’s original decision for Project.

As indicated in the NEB’s 10 February 2017 letter to Trans Mountain, Trans Mountain may begin service and publication of the amended notices in accordance with the NEB Rules of Practice and Procedure, 1995, any time following the NEB’s approval of the draft PPBoR and sample notices.

To download the statement of opposition template, please click here [WORD 187 KB].

To learn more about how to file your statement of opposition, please click here.

For questions or to find out more about the detailed route process contact a National Energy Board Process Advisor at 1-800-899-1265 or TMX.ProcessHelp@neb-one.gc.ca.

Detailed Route Process

March 17: Trans Mountain has now filed its Plan, Profile and Book of Reference (PPBoR) for all seven segments of the proposed detailed route of the new pipeline. The company can now serve written notice to landowners along the entire proposed route. Trans Mountain must also publish notices in local newspapers along the pipeline route. See Appendix A [Document 3201054] for a list of publications and publication dates. When Trans Mountain’s last notice has been published for that segment, the 30-day period will begin for impacted landowners to file Statements of Opposition with the NEB for that segment. All information and filings related to Trans Mountain’s proposed detailed route can be found in the detailed route process folder [Folder 3159938] .

On 29 November 2016, Governor in Council directed the National Energy Board (NEB) to issue a Certificate of Public Convenience and Necessity [Filing A80871] for the Trans Mountain Expansion Project (Project).

Accordingly, on 1 December 2016, the NEB issued three legal instruments to Trans Mountain ULC, including the Certificate of Public Convenience and Necessity for the Trans Mountain Expansion Project The NEB had previously issued five orders related to the Project, which also took effect on 1 December 2016. The eight legal instruments authorizing the construction and operation of the Project are subject to the 157 conditions as set out in the National Energy Board Recommendation Report [Filing A77045] (see Appendix 2 – Overview of work/activity authorized by individual legal instruments and Appendix 3 – Conditions applied to legal instruments). These conditions will be enforced by the NEB.

On 9 December 2016, Trans Mountain Pipeline ULC (Trans Mountain) commenced the detailed route process by applying to the NEB for approval of its proposed forms of Plan, Profile, and Book of Reference (PPBoR) and of its proposed section 34 of the NEB Act notices for service and for publication, both of which will include a description of the proposed detailed route of the pipeline.

The PPBoR and Section 34 documents submitted by Trans Mountain ULC can be viewed here [Folder 3096991].

Detailed Route Approval Process starting

March 14, 2017: Trans Mountain has now filed its Plan, Profile and Book of Reference (PPBoR) for the fifth segment of the proposed detailed route of the new pipeline. This fifth segment includes the cities of Kamloops and Merritt as well as the district municipality of Hope. The company has now filed its PPBoR for segments one through five, starting from Edmonton, and a portion of segment 7 in Burnaby. Click here [Document 3210915] to see Trans Mountain’s proposed filing schedule for the remaining segments.

Once the company has filed its PPBoR with the NEB, it can serve written notice to landowners whose lands will be crossed by that particular segment of the route. Trans Mountain must also publish notices in local newspapers along the pipeline route. See Appendix A for a list of publications and publication dates. When Trans Mountain’s last notice has been published for that segment, the 30-day period will begin for impacted landowners to file Statements of Opposition with the NEB for that segment. All information and filings related to Trans Mountain’s proposed detailed route can be found in the detailed route process folder 3159938.

March 8, 2017: Trans Mountain has now begun filing its Plan, Profile and Book of Reference (PPBoR) for the seven segments of the proposed detailed route of the new pipeline. Each of the seven segments will be filed with the NEB on different dates. The company has now filed its PPBoR for segments one through four, running from Edmonton to Darfield in the B.C. interior. As well, the company has filed its PPBoR for the Burnaby section of the pipeline. Click here [Document 3201054] to view Trans Mountain’s proposed filing schedule for the remaining segments.

Once the company has filed its PPBoR with the NEB, it can serve written notice to landowners whose lands will be crossed by that particular segment of the route. Trans Mountain must also publish notices in local newspapers along the pipeline route. See Appendix A [Document 3201054] for a list of publications and publication dates. When Trans Mountain’s last notice has been published for that segment, the 30-day period will begin for impacted landowners to file Statements of Opposition with the NEB for that segment. All information and filings related to Trans Mountain’s proposed detailed route can be found in the detailed route process folder 3159938.

March 3, 2017: Trans Mountain has now begun filing its Plan, Profile and Book of Reference (PPBoR) for the seven segments of the proposed detailed route of the new pipeline. Each of the seven segments will be filed with the NEB on different dates. The company filed the first two PPBoR segments, including Edmonton and Edmonton-Jasper on Feb. 24, 2017. Click here [Document 3185818] to view Trans Mountain’s proposed filing schedule for the remaining segments.

Once the company has filed PPBoR with the NEB, it can serve written notice to those landowners whose lands will be crossed by that particular segment of the route. Trans Mountain must also publish notices in local newspapers along the pipeline route. Click here [Document 3185818] for a list of publications and publication dates. When Trans Mountain’s last notice has been published for that segment, the 30-day period will begin for impacted landowners to file Statements of Opposition with the NEB for that segment. All information and filings related to Trans Mountain’s proposed detailed route can be found in [Filing A81698].

Related Documents

Project Information

On 16 December 2012, Trans Mountain submitted an application [Folder 2392873] to the NEB for the Project.

The Project will include:

  • Pipeline facilities that complete a twinning of the existing 1147 km Trans Mountain pipeline system in Alberta and British Columbia with about 981 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
  • Increase Trans Mountain’s shipping capacity from 300,000 bbl/d to 890,000 bbl/d

Some temporary infrastructure, such as access roads, a worker camp, stockpile sites and contractor staging areas would also be required during construction. 

The Project represents an expansion of the existing Trans Mountain pipeline system (i.e., most of the new pipeline will be adjacent to the existing pipeline or along existing corridors). The typical width of the construction Right of Way would be 45 m, including 12 m of permanent easement.

NEB Recommendation Report

On 19 May 2016, the National Energy Board (NEB) issued a report recommending that Governor in Council (GIC) approve the Trans Mountain Expansion Project (Project), subject to 157 conditions. Should GIC approve the Project, it will order the NEB to issue a Certificate of Public Convenience and Necessity. You can read the full Recommendation Report here [Filing A77045].

Project Map

Proposed Trans Mountain Pipeline Expansion Project Configuration Map

View larger PDF version [PDF 114 KB]

This map provides an overview of the proposed Trans Mountain Pipeline Expansion Project.

Trans Mountain has developed an interactive map which shows both the existing and proposed pipeline corridors and allows you to zoom in to the area that interests you. You can find this map on their website.

What’s Next

While Trans Mountain has the legal authority to move forward with this Project, there are a number of steps that must be completed before construction can begin.

The NEB has attached 157 conditions to the legal instruments. You can find the full list of conditions for this Project in Appendix 3 (Conditions Applied to Legal Instruments) of the NEB's Recommendation Report [Filing A77045] on the Project.

Most of the conditions attached to the legal instruments require Trans Mountain to file documentation with the NEB to demonstrate compliance. In some cases, the NEB will need to review and approve the documentation before Trans Mountain can move forward. You can review these documents and any related NEB correspondence here [Folder 2981674].

Under the NEB Act, Trans Mountain must file a Plan, Profile, and Book of Reference (PPBoR) with the NEB. Trans Mountain commenced the detailed route process on 9 December 2016. On that day the company filed its application with the NEB pursuant to sections 33 and 34 of the NEB Act, and section 50 of the National Energy Board Rules of Practice and Procedure, 1995 for approval of its proposed forms of Plan, Profile, and Book of Reference (PPBoR) [Filing A80988] and of its proposed section 34 notices for service and publication.

A “plan and profile” is a detailed drawing of the pipeline as seen from above (aerial view) and from the side (profile view) showing the exact proposed location of the pipeline. The “book of reference” identifies the lands, provides the names of the landowners and land occupants, and shows the dimensions (length, width and total area) of the right-of-way required for the pipeline.

Trans Mountain must provide a written notice to all landowners who have an interest in the lands along the proposed detailed route as well as publish its notice in various newspapers.

Land owners will have 30 days from the date they receive the written notice to file a written statement of opposition to the proposed detailed route with the NEB. The NEB will then decide whether to hold a detailed route hearing. Should there be a hearing; the NEB does not reconsider the decision to approve the project. It only considers the issues related to the exact location and construction of the route in determining whether the company has proposed the best possible detailed route for the pipeline and the most appropriate methods and timing for building it.

You can find more information about the detailed route process, detailed route hearings and how the NEB assesses these matters in Chapter 4 and Chapter 5 of the Pipeline Regulation in Canada: A Guide for Landowners and the Public

Hearing Documents

During the National Energy Board's review of this project, all evidence, letters of comment, Board decisions and other relevant documents must be filed with the National Energy Board and placed on the Board's online document repository. These documents are all accessible to the public. You can find these documents here [Folder 2392873].

Lifecycle of an NEB regulated pipeline

NEB Lifecycle Regulation

View larger PDF version [PDF 6815 KB]

Text version of this graphic

NEB oversight throughout the lifecycle: Regulations – Conditions – Inpections – Audits – Enforcement.
NEB requires companies to consult throughout the entire lifecycle, with those potentially affected.

  • Planning
  • Application to Construct and Operate
  • NEB Public Hearing Decision/Recommendation
  • Construction
  • NEB Decision on Safe Operation
  • Application for Leave to Open
  • Operation and Maintenance
  • Application to Abandon
  • NEB Public Hearing Decision
  • Abandonment

Project Requirements and Conditions

The NEB has imposed 157 conditions on this project that strengthen public safety, protection of the environment, and ensure continued consultation between the company, landowners and Aboriginal peoples.

Conditions are legal requirements that a company must meet to be allowed to construct and operate a project. Conditions are project-specific and are designed to protect the public and the environment by reducing possible risks identified during the hearing.

Conditions may require a company to submit documentation such as:

  • results of additional environmental and socio-economic assessments, species-specific studies, or traditional land use investigations;
  • engineering design details, and supporting assessments or information;
  • environmental protection plans;
  • mitigation and monitoring documentation;
  • construction schedules and progress reports; and
  • employee training programs and manuals.

Companies must submit ongoing documentation or filings with the NEB to demonstrate that they have met each condition. The NEB evaluates this information against the specific requirements that must be met for each condition and follows up with the company if more information is needed.

FAQs – Condition Compliance

  1. Is the project now approved or does the applicant need any further permits or licenses?

    On 19 May, 2016, the National Energy Board (NEB) found that the Trans Mountain Expansion Project is in Canada’s public interest and recommended that Governor in Council approve the Project, subject to 157 conditions.

    On 29 November 2016, Governor in Council directed the NEB to issue a Certificate of Public Convenience and Necessity for the Trans Mountain Expansion Project.

    Accordingly, on 1 December 2016, the NEB issued three legal instruments to Trans Mountain ULC (Trans Mountain), including the Certificate of Public Convenience and Necessity for the Trans Mountain Expansion Project. The NEB had previously issued five orders related to the Project, which also took effect on 1 December 2016. The eight legal instruments authorizing the construction and operation of the Project are subject to the 157 conditions as set out in the National Energy Board Recommendation Report.

    Additionally, before construction can commence the Project is subject to a Detailed Route Approval process under the NEB Act. Trans Mountain may still need other types of approvals from other levels of government. It is the responsibility of the company to determine what permits and licenses are required.

NEB Oversight

The NEB uses Compliance Verification Activities to observe and gather information about the state of compliance in a specific area of a company’s construction and operations activities, or to investigate whether companies are taking the appropriate preventive or corrective actions. Compliance Verification Activities include:

  • inspections (of facilities under construction or in operation)
  • emergency exercise evaluations
  • emergency procedures manuals reviews
  • formal compliance meetings (to check the progress of programs or corrective actions)
  • management system audits
  • reviews of post-construction monitoring reports

These activities are designed to determine if legislation and regulatory expectations are being followed, to assess if enforcement is required, and to provide feedback to a company. If a noncompliance is noted, follow-up is undertaken to verify corrective actions have been put in place and to apply appropriate enforcement actions if necessary.

As part of ongoing oversight of pipelines, companies are required to submit Operations and Maintenance Notifications, if they meet certain criteria (such as working near bodies of water). Trans Mountain ULC Operations and Maintenance Notifications can be found in the Regulatory Document Index [Folder 552813].

News Releases

Contact Information

Contact Trans Mountain Pipelines

If you have questions about the project, including whether or not the pipeline could cross your property, please contact Trans Mountain Pipelines at 1-866-514-6700 or via email at info@transmountain.com

Trans Mountain: www.transmountain.com
Kinder Morgan Canada: www.kindermorgan.com/business/canada/

Contact Us

Contact Us – General Information

Email: info@neb-one.gc.ca
Telephone: 403-292-4800
Toll free: 1-800-899-1265
Fax: 403-292-5503
Toll free fax: 1-877-288-8803
TTY (teletype): 1-800-632-1663

(Detailed Route) Process Advisory Team

Telephone (toll free): 1-800-899-1265
E-mail: TMX.ProcessHelp@neb-one.gc.ca

For media inquiries, please contact:

James Stevenson
Communications Officer

National Energy Board
E-mail: james.stevenson@neb-one.gc.ca
Telephone: 403-613-6126
Telephone (toll free): 1-800-899-1265
Facsimile: 403-292-5503
Facsimile (toll free): 1-877-288-8803
TTY (Teletype): 1-800-632-1663

Date modified: