WHEREAS on 2013 December 16, Kinder Morgan submitted an application to the National Energy Board NEB for the Trans Mountain Expansion Project; AND WHEREAS the NEB made an arbitrary decision on July 15, 2014 to remove from the standard public hearing for a major pipeline project long-standing protocols which provided opportunities for public review through open meetings, oral hearings and cross examination; AND WHEREAS the loss of the standard public hearing from the application review process constitutes a significant erosion of the democratic rights of provinces, territories, local governments, First Nations and citizens to cross-examine evidence presented, articulate concerns and voice opposition to applications; AND WHEREAS the loss of all opportunities for intervenors to participate in oral hearing and to cross-examine evidence within the NEB regulatory review process, has broad social, environmental and economic implications that would impact all local governments and their citizens: THEREFORE BE IT RESOLVED that UBCM call on the federal government and National Energy Board, through the Federation of Canadian Municipalities and other avenues as appropriate, to oppose the loss of the standard public hearing process from the National Energy Boards application review and tribunal process; AND BE IT FURTHER RESOLVED that UBCM call on the provincial and federal governments, through their appropriate and respective roles, to develop, in consultation with local governments, First Nations, and citizens, the restoration of a full public hearing process to the National Energy Boards consideration of all applications.
Ministry of Justice The Province of British Columbia is committed to ensuring that the Trans Mountain Expansion Project, if it does go ahead, satisfies the highest standards of environmental protection and protects British Columbia from financial and environmental risk. Any heavy oil pipeline project must satisfy the Provinces five conditions, before British Columbia will consider supporting it. British Columbias minimum requirements for any heavy oil pipeline are: -Successful completion of an environmental assessment; -Establishment of world-leading marine oil spill response, prevention and recovery systems for British Columbias coastline and ocean; -Establishment of world-leading land oil spill prevention, response and recovery systems; -Legal requirements regarding Aboriginal and treaty rights are addressed and First Nations are provided with the opportunities, information and resources to participate and benefit from the project; -British Columbia receives a fair share of the fiscal and economic benefits. This review is being run entirely under the authority of the National Energy Board. The Board sets the process for the reviews it conducts. The Province is an intervenor in the Boards review of the project and has been actively representing the interests of the people of British Columbia. Intervenors can submit Information Requests, file written evidence, bring motions and submit final arguments. The Province has been reviewing the information that was filed by Kinder Morgan, has filed a first round of information requests and will follow up with a second round of Information Requests in order to obtain the information it requires. The Province has also been meeting regularly with Kinder Morgan to ensure that all aspects of their proposal are understood and to make issues of importance to British Columbians known to the company. The Province believes that these opportunities are sufficient for the government to evaluate the evidence filed by the proponent, to determine whether it is sufficient to support the application, and to ultimately decide whether this project meets the Provinces five conditions.
Minister of Natural Resources The National Energy Board already conducts public hearing processes that are tailored to meet the needs of each application. The Board conducts scientific and rigorous reviews that include extensive consultations with parties that may be directly affected by the proposed pipeline and those with relevant expertise. The Board provides participant funding to support meaningful public participation in its regulatory process. The Boards final report must include terms and conditions in order for the project to be constructed. The federal government will carefully consider the Boards report before making a final decision on whether to approve the project. Additional information regarding the Boards review process may be found at www.neb.gc.ca. The federal government has been clear that new pipelines will only be approved if they are proven safe for the public and the environment.