Frequently Asked Questions – Reconsideration of Trans Mountain Expansion Project
General
- What has the NEB announced?
- Can the NEB meet the timeline set by Government?
- Does the NEB have the appropriate people do this work?
- Why were marine impacts not included in the scope of the NEB’s initial assessment?
- Some comment periods have closed; is there still an opportunity to participate?
- Is the NEB involved in further consultations with Indigenous peoples over the Trans Mountain Expansion Project?
- What is the role of the technical advisor being appointed by the government?
- I have more questions. Who can help me?
Reconsideration Hearing
- What does the Hearing Order mean?
- What are the next steps?
- Why are the deadlines in the Hearing Order so short?
- Explain the panel’s decision to include marine shipping between the Westridge Marine Terminal and the “12-nautical-mile territorial sea limit” as part of the project under CEAA?
- What is the role of Indigenous groups in this process?
- Will there be other opportunities to participate in this process?
- How many people applied to be intervenors? How many were accepted?
Questions about the NEB’s Oral Traditional Evidence (OTE) sessions for the Reconsideration hearing
- Who gets to present Oral Traditional Evidence in this hearing, and why?
- Is there enough time for the NEB panel to properly hear oral evidence from all the groups who’ve requested it?
- What are Indigenous intervenors going to talk about in OTE?
- Why are the OTE sessions closed to general members of the public in Victoria, BC and Nanaimo, BC
- Do non-Indigenous people get the opportunity to present oral evidence?
General Questions on the Reconsideration of Trans Mountain Expansion Project
1. What has the NEB announced?
On September 26, 2018, the National Energy Board (NEB) announced that it will hold a public hearing to carry out its reconsideration related to the Trans Mountain Expansion Project, as ordered by the Government of Canada [Filing A94111]. The NEB assigned a panel, opened up the application-to-participate process, and sought public comment on the focus and design of the upcoming hearing.
Following the close of the application-to-participate process, the NEB identified the persons and groups that were granted intervenor status on October 5, 2018. [Filing A94624] Reasons for the participation decision were issued on October 11, 2018. [Filing A94753]
The NEB considered the comments received and, on October 12, 2018, released a hearing order setting out next steps and schedule for the reconsideration as well as requests for information from Trans Mountain and Federal Authorities.
2. Can the NEB meet the timeline set by Government?
The NEB will carry out its reconsideration related to the Trans Mountain Expansion Project as directed by the Order in Council in a fair, efficient, and transparent manner. The NEB is confident in its ability to complete a thorough review of the specific matters as it was directed by the Government within the required 155 days set by the Order in Council [Filing A94111].
3. Does the NEB have the appropriate people do this work?
The NEB has experienced, expert technical staff, including Environmental, Emergency Management and Socio-economic specialists who support the NEB’s environmental assessments. The reconsideration hearing will be a comprehensive scientific and technical examination of project-related marine shipping.
The NEB has been considering environmental matters in its decisions since the early 1970s, and has been conducting EAs under the CEA Act since it first came into force in 1995, including joint review panel assessments, substituted and delegated review panel assessments, comprehensive study assessments, and screening-level assessments.
4. Why were marine impacts not included in the scope of the NEB’s initial assessment?
The NEB did consider the potential environmental and socio-economic effects of the Trans Mountain Expansion Project-related tanker traffic, including the potential effects of accidents or malfunctions that may occur, in coming to its public interest determination under the National Energy Board Act. Chapter 14 of the Board’s report (pages 323 – 405) addresses impacts related to marine shipping activities. The Federal Court of Appeal found that the NEB ought to reconsider its decision not to include project-related marine shipping as part of the designated project assessed under the Canadian Environmental Assessment Act, 2012 (CEAA).
5. Some comment periods have closed; is there still an opportunity to participate?
At the beginning of the hearing process, the NEB solicited comments on certain matters, including the focus and design of the hearing process. While those comment periods have expired, there is still an opportunity to participate. Those people/groups who were granted intervenor status will be able to submit relevant evidence, question other’s evidence and provide argument. Those that applied and were not granted intervenor status, and any other member of the public, can submit a letter of comment for the NEB’s consideration by November 20, 2018.
6. Is the NEB involved in further consultations with Indigenous peoples over the Trans Mountain Expansion Project?
The NEB announced on September 26, 2018 that it will hold a public hearing to reconsider aspects of its Recommendation Report dealing with project-related marine shipping. On October 12, 2018, the NEB issued a Hearing Order setting out the steps and deadlines for the public hearing, which includes hearing oral traditional evidence from Indigenous intervenors. This hearing process is part of the overall consultation process. Indigenous communities, peoples and organizations that were consulted in the original hearing received notice and at least 42 Indigenous groups became intervenors by applying or registering to participate.
On October 3, 2018, the Federal Government announced that it will re-initiate consultations with all 117 Indigenous groups impacted by the project. The Government said that it has appointed former Supreme Court of Canada Justice Frank Iacobucci as a Federal Representative to oversee the consultation process.
7. What is the role of the technical advisor being appointed by the government?
The Government has not yet announced further details regarding the technical advisor.
8. I have more questions. Who can help me?
If you have any further questions, concerns, or require assistance navigating the process, please contact the Process Advisory team by phone at 1-800-899-1265 (toll-free) or by email at TMX.ProcessHelp@cer-rec.gc.ca
Reconsideration Hearing
1. What does the Hearing Order mean?
The Hearing Order outlines the steps and deadlines that will be followed during the public reconsideration hearing. It also describes the various roles and responsibilities of the hearing participants. The NEB took into account the comments it received in deciding on this hearing process.
2. What are the next steps?
November 20 is the next big filing deadline, where all intervenors (other than Federal Departments and Agencies who filed their material on Oct. 31) must file their opening statement and direct evidence. Any member of the public may file a letter of comment by November 20 as well.
Oral traditional evidence sessions will be held at three locations (Calgary, Victoria, Nanaimo) between November 19 and December 6, 2018.
3. Why are the deadlines in the Hearing Order so short?
The deadlines for this hearing reflect the focused and expedited nature of the reconsideration process, as directed by the Government of Canada in its September 20 Order in Council.
4. Explain the panel’s decision to include marine shipping between the Westridge Marine Terminal and the “12-nautical-mile territorial sea limit” as part of the project under CEAA?
On September 26, 2018, the NEB sought comments on whether project-related marine shipping should be included in the “designated project”. In response to the comments received, the NEB sought further comments on the limited issue of whether the “designated project” should extend to Canada’s territorial sea limit (12 nautical miles) or to Canada’s exclusive economic zone (200 nautical miles).
The Board decided, on a principled basis, to include Project-related marine shipping between the Westridge Marine Terminal and the 12-nautical-mile territorial sea limit in the “designated project” to be assessed under the CEAA. Reasons for this decision will be coming shortly.
5. What is the role of Indigenous groups in this process?
At least 42 Indigenous groups applied or registered to participate in the hearing and have become intervenors. Any Indigenous groups that are not intervenors and wish to file a letter of comment on the record may do so by November 20, 2018.
The NEB understands that Indigenous peoples have an oral tradition for sharing knowledge and this information cannot always be shared adequately or appropriately in writing. The NEB extended an invitation to all Indigenous intervenors to provide oral traditional evidence in this reconsideration hearing.
Oral traditional evidence sessions will be held at three locations (Calgary, Victoria, Nanaimo) between November 19 and December 6, 2018. Indigenous intervenors are encouraged to also make use of their opportunity to file written evidence, to the extent adequate and appropriate, so as much time as possible can be spent listening to evidence that can only be provided orally.
In addition to the NEB’s reconsideration process, Natural Resources Canada will be conducting Phase III consultation with potentially impacted Indigenous groups. Details on this process will be provided directly by the Federal Government.
6. Will there be other opportunities to participate in this process?
Any member of the public may file a letter of comment about the reconsideration by November 20, 2018. More information about this step can be found on the NEB website. The Board will consider these letters, along with all other evidence filed in the hearing, in completing its Reconsideration Report. In addition, any oral hearing sessions held will be broadcast live via the Board’s website.
Intervenors will have the opportunity to file evidence, ask questions of others’ evidence and provide argument.
7. How many people applied to be intervenors? How many were accepted?
To date, the NEB has made decisions on 148 applications for intervenor status (including on late applications) and has granted intervenor status to 117 applicants. Of those, the majority were intervenors in the original Trans Mountain Expansion Project hearing.
Questions about the NEB’s Oral Traditional Evidence (OTE) sessions for the Reconsideration hearing
1. Who gets to present Oral Traditional Evidence in this hearing, and why?
Oral Traditional Evidence (OTE) can be given by Indigenous intervenors in the Reconsideration hearing process who have registered to provide it. The NEB has set aside three weeks to hear OTE. In setting the schedule, the Board took into account comments and preferences received from participating intervenors. The NEB understands that Indigenous peoples have an oral tradition for sharing knowledge from generation to generation, and OTE is offered in recognition that this information cannot always be shared adequately or appropriately in writing.
2. Is there enough time for the NEB panel to properly hear oral evidence from all the groups who’ve requested it?
The NEB has scheduled three weeks to hear OTE from participating Indigenous intervenors. Some flexibility exists in the schedule if changes need to be made. Should intervenors feel that more time is required to share their OTE, they may provide the Board with an audio or video recording.
3. What are Indigenous intervenors going to talk about in OTE?
As with other types of evidence, Indigenous intervenors may provide OTE that is relevant to Project-related marine shipping, and more specifically the List of Issues for this hearing. OTE that was provided in the original Certificate hearing is on the record of this Reconsideration hearing and does not need to be repeated.
4. Why are the OTE sessions closed to general members of the public in Victoria, BC and Nanaimo, BC?
The NEB wishes to provide a safe and secure opportunity for all participants to present their evidence. As such, access to the hearing room will be limited to those that are presenting the evidence, members of their communities, registered intervenors, Trans Mountain, and accredited media. Members of the public can listen to the hearing through a live audio-cast on the NEB’s website.
5. Do non-Indigenous people get the opportunity to present oral evidence?
Only Indigenous peoples participating as intervenors are permitted to give oral evidence. The NEB understands that Indigenous peoples have an oral tradition for sharing knowledge from generation to generation, and OTE is offered in recognition that this information cannot always be shared adequately or appropriately in writing. All hearing intervenors are allowed and encouraged to file written evidence, and any other member of the public can file a letter of comment by Nov. 20.
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