Hearing events and steps

Last update: 16 November 2018

Hearing events and steps

Hearing events and steps
(responsible person[s] in bold, guidance in italics)Table Note a

Date or deadline
(3:00 pm Pacific time
[4:00 pm Mountain time])

Order in Council P.C. 2018-1177 received by the Board

20 September 2018

Board announces hearing time limit, establishes comment process for scope and process for the Reconsideration hearing, and initiates Application to Participate process

26 September 2018

All interested persons and groups file Applications to Participate and comments on scope and process for the Reconsideration hearing

3 October 2018

Board releases the List of Parties to the hearing

5 October 2018

Board:

  • releases Hearing Order MH-052-2018 with the List of Issues and the Amended Factors and Scope of the Factors for the Environmental Assessment pursuant to the CEAA 2012
  • sends Filing Requirements to Trans Mountain
  • sends requests to Federal Departments and Agencies pursuant to paragraph 20(a) of the CEAA 2012

12 October 2018

Board releases procedural direction asking IndigenousTable Note b intervenors if they wish to provide oral traditional evidence

12 October 2018

Indigenous intervenors notify the Board of their intent to provide new or supplemental oral traditional evidence

23 October 2018

Trans Mountain files opening statement and direct evidence

  • Evidence must be relevant to one or more of the issues identified in Appendix 1.
  • Evidence must be served on all intervenors

31 October 2018

Federal Departments and Agencies file opening statements, direct evidence, and information requested by the Board under paragraph 20(a) of the CEAA 2012

  • Evidence must be relevant to one or more of the issues identified in Appendix 1.
  • Evidence must be served on all other Parties

5 December 2018
(formerly 31 October 2018)

Intervenors (other than Federal Departments and Agencies) file opening statement and direct evidence

  • Evidence must be relevant to one or more of the issues identified in Appendix 1.
  • Evidence must be served on all other Parties

5 December 2018
(formerly 20 November 2018)

Members of the public file letters of comment
Letters of comment must be served on Trans Mountain

20 November 2018

Oral hearing session: to collect, and allow questioning of, oral Indigenous traditional evidence

20 November to 6 December 2018
(formerly late-November or early-December 2018)

Trans Mountain files reply evidence

  • Reply evidence must be served on all intervenors

11 December 2018
(formerly 26 November 2018)

All Parties file information requests regarding other Parties’ evidence

  • Information requests must be relevant to one or more of the issues identified in Appendix 1, and also to the evidence of the Party to which the questions are asked
  • Information requests must be served on all other Parties

17 December 2018
(formerly 3 December 2018)

All Parties respond to information requests asked of them

  • Responses to information requests must be served on all other Parties

31 December 2018
(formerly 13 December 2018)

Motion Day – As considered necessary, Parties file notices of motion on the adequacy of other Parties’ responses to their own information requests (“motions to compel”)

  • Motions to compel must be served on all other Parties

4 January 2019
(formerly 17 December 2018)

Parties that have motions to compel directed at them may respond to those motions to compel

8 January 2019

Parties that filed motions to compel, and had responses provided by the other Party, may reply to those responses

  • See the guidance included above under “Motion Day”
  • Replies must be served on all other Parties
10 January 2019
Marine technical advisor files written argument-in-chief 15 January 2019
All Parties file affidavits adopting their written evidence 17 January 2019

Trans Mountain and Federal Departments and Agencies file written argument-in-chief

17 January 2019

Intervenors (other than Federal Departments and Agencies) file written argument-in-chief 22 January 2019

Trans Mountain files reply argument

25 January 2019

Hearing record closes

Immediately after finishing argument

Board releases its Reconsideration Report to the Governor in Council, and provides it to the Minister of Natural Resources

22 February 2019
or earlier
(time limit end)

Contacts Us

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E-mail: TMX.ProcessHelp@cer-rec.gc.ca
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Media Inquiries

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Email: media@cer-rec.gc.ca
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