National Energy Board hearing on Trans Mountain motion and constitutional question begins November 29

November 28, 2017 – Calgary – National Energy Board

The National Energy Board (NEB) is holding an oral hearing on a motion from Trans Mountain Pipeline ULC which includes a notice of constitutional question. The oral hearing will begin at 12:30 pm (MST) on November 29 at the National Energy Board’s offices in Calgary.

On October 26, 2017 Trans Mountain filed a notice of motion and notice of constitutional question with the NEB regarding the Trans Mountain Expansion Project. In its motion, Trans Mountain asked the NEB to issue an order declaring that certain sections of the City of Burnaby’s bylaws do not apply to work the company will carry out at its Burnaby Terminal and Westridge Marine Terminal, or its use of a temporary worksite.

The company also asked the NEB to declare that it is not required to meet a prior commitment to comply with such bylaws in these circumstances. Trans Mountain indicated that it intends to raise constitutional questions related to the applicability and operability of some of Burnaby’s municipal bylaws in relation to the project. The full text of Trans Mountain’s motion [Filing A87282] is available on the NEB website.

Before deciding on this motion, the Board will hear from Trans Mountain, the City of Burnaby and the attorneys general of Alberta, British Columbia and Saskatchewan.

The oral hearing is scheduled for two days. On Wednesday, November 29, 2017 the National Energy Board will question Trans Mountain and the City of Burnaby. On Monday, December 4, 2017 Trans Mountain, Burnaby and the three participating attorneys general will provide oral argument. The hearing will be broadcast via a live audio feed on the NEB’s website and transcripts will also be posted online.

Media accreditation is required for all journalists who wish to attend the hearing in-person. Media must be able to present government issued photo ID along with a business card and/or a letter requesting accreditation on official letterhead of a media organization, signed by the Publisher, Editor-in-chief, or Assignment Editor (along with their contact information). More information on media accreditation is available on the NEB website. Please note that no video or photography will be permitted during the hearing.

Quick Facts

  • The Federal Government approved the Trans Mountain Expansion Project last November, following a NEB recommendation in May 2016 that the project be approved subject to 157 conditions.
  • As this motion included a notice of a constitutional question, in accordance with section 57 of the Federal Courts Act, it was served on the Attorney General of Canada and all provincial attorneys general. The attorneys general of Alberta, British Columbia and Saskatchewan indicated that they wished to participate in the hearing.

Associated Links

The National Energy Board is an independent federal regulator of several parts of Canada’s energy industry. It regulates pipelines, energy development and trade in the public interest with safety as its primary concern. For more information on the NEB and its mandate,please visit the National Energy Board website.

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Sarah Kiley
Communications Officer

Canada Energy Regulator
Telephone (toll free): 1-800-899-1265
Facsimile: 403-299-3302
Facsimile (toll free): 1-877-288-8803

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