ARCHIVED – Condition Compliance & Lifecycle Approach

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Update on Trans Mountain Activities

On August 30, 2018, the Federal Court of Appeal released a decision that quashed the Order in Council approving the Trans Mountain Expansion project, and nullified the Certificate issued by the National Energy Board (NEB) for the Project. Shortly thereafter, the NEB advised that it expected Trans Mountain to safely cease all construction activity in a manner that minimizes environmental impact.

Trans Mountain provided an overview of its plans to the NEB in September [Folder 3614112] that described how it would cease construction, and since then it has provided regular updates [Folder 2981674] about the status of those activities. The NEB continues to monitor and inspect Trans Mountain’s cessation activities.

The documentation received and correspondence issued on the 157 conditions placed on the Project prior to the FCA decision will remain on the Board’s website. You can review all company documents and any related NEB correspondence here [Folder 2981674].

The remainder of this webpage will address the Lifecycle approach to the oversight of the existing Trans Mountain system.

Interactive Conditions Tool

Although the Board has ceased its consideration of filings at this time, and this tool is not being maintained, to explore the themes and sub-themes of all 157 Conditions, explore the NEB’s Interactive Conditions Tool.

In addition to the Interactive Conditions Tool, below are links to previously-issued:

• Condition Compliance Letter Reports; and
• Monthly Summary Letters.

How Does the NEB Make Sure a Pipeline is Safe?

While Canadians mostly hear about the NEB’s involvement at the beginning of a project, we regulate federal energy infrastructure throughout its entire lifecycle. We do not simply make a decision on a project and walk away. When approved projects are being built and operated, we inspect and audit them. When a pipeline has reached the end of its usefulness, we hold a hearing to ensure that it is abandoned in a safe and environmentally responsible manner.

In other words, the NEB regulates from “start to finish”, which can span the course of many decades. And we hold pipeline companies responsible for the full lifecycle of the pipelines they operate.

Here is the lifecycle of a regulated facility, showing the NEB’s involvement at each phase:

View larger PDF version [PDF 6815 KB]

Compliance Verification Activities

The NEB uses Compliance Verification Activities to observe and gather information about the state of compliance in a specific area of a company’s operations, 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 expectations are being followed, to assess if enforcement is required and to provide feedback to a company. If our staff see something that is not in compliance with our regulations, they follow-up to make sure that corrective actions have been put in place and apply appropriate enforcement actions if necessary.

Each year the NEB conducts more than 250 Compliance Verification Activities of regulated companies. These tools are effective in allowing the NEB to proactively detect and correct non-compliances before they become issues.

What Compliance and Enforcement Activities had the NEB Carried out for the Trans Mountain Expansion project?

In 2011, the NEB began proactively posting information on our compliance verification activities and enforcement actions. Compliance Verification Activity (CVA) Reports are available on our website, and searchable by company name and activity type. Enforcement actions are similarly publicly available and can be viewed on the compliance and enforcement section of the website.

Trans Mountain’s Operation and Maintenance Activities

Companies are required to carry out operations and maintenance activities for the safe and secure operation of their facilities. As part of ongoing oversight of pipelines, companies are require to submit Operations and Maintenance Notifications, if they meet certain criteria (such as working near bodies of water). Operations and Maintenance Notifications, filed by Trans Mountain can be found on our website. [Folder 552813]

For more information, see the Operations and Maintenance Requirements and Guidance notes.

Additional Resources

• CER’s full lifecycle oversight
• Video: The Lifecycle Approach