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.

Westridge Marine Terminal

At the Westridge Marine Terminal, Trans Mountain identified that it would complete sheet and circular pile driving to depth to preserve the integrity of facilities and to prevent environmental damage at the Westridge Dock. Trans Mountain intends to complete those activities by about 20 December 2018 [Folder 3718257].

Burnaby Terminal

Trans Mountain is carrying out fencing and pipeline modifications at its Burnaby Terminal, which were authorized by Board Orders that are not contingent on the Project Certificate. The City of Burnaby had requested that the Board review and rescind the authorizations underpinning those activities. On 17 January 2019, having considered the submissions of Trans Mountain and Burnaby, the Board denied Burnaby’s request [Folder 2981674] and confirmed the Board orders. All related regulatory documents are available on the NEB website [Folder 2981674]. The Orders remain valid and this work is authorized to continue.

Temporary Infrastructure

Trans Mountain advised the NEB that it intends to use several temporary infrastructure sites along the proposed pipeline route for the storage of pipeline material, including one near Hope, BC. Temporary infrastructure sites were previously authorized by the Board as part of the Trans Mountain Expansion Project. The NEB understands that concerns have been raised about whether Trans Mountain’s current activities at those sites are authorized, given the Federal Court of Appeal decision.

The nullity of the various authorizations related to the Trans Mountain Expansion Project does not necessarily result in a requirement for Trans Mountain to seek NEB authorization to develop or use temporary infrastructure sites. It is common for pipeline companies to enter into contractual agreements to use private lands for the storage of materials or pipeline equipment, including in advance of and during construction projects, as well as for pipeline operation and maintenance activities. Such contractual arrangements between parties for the use of property do not necessarily require NEB authorizations. NEB-regulated companies are expected to obtain the necessary federal, provincial and municipal permits or authorizations as part of their operations.

Trans Mountain has verbally confirmed to the NEB that Trans Mountain holds all applicable permits or authorizations.

Operation and Maintenance

All NEB-regulated companies are expected to carry out operations and maintenance activities for the safe and secure operation of their existing facilities. As such, Trans Mountain may be undertaking such activities along its pipeline right of way, or at its existing facilities, including those listed above. Operations and Maintenance Notifications, filed by Trans Mountain for its existing line can be found on our website. [Folder 552813] For more information, see the Operations and Maintenance Requirements and Guidance notes.

For more information
Members of the public with questions about specific work or other activities at Trans Mountain sites or along the right-of-way are encouraged to contact Trans Mountain, so that the company is able to directly respond. Representatives of Trans Mountain can be reached at 1.866.514.6700 or via email at: info@transmountain.com.

Questions regarding the NEB’s oversight of the Trans Mountain facilities can be directed to the NEB’s Process Advisor team for the project, available at 1-800-899-1265 or via email at: TMX.ProcessHelp@cer-rec.gc.ca.

More information on the existing Trans Mountain pipeline can be found on our website.