Whereas Kinder Morgan has announced they may cancel their expansion project as soon as May 31st, 2018 and the West Coast Marine Spill Response Corporation has suspended activities at facilities they are building across our region which are tied to the completion of the Kinder Morgan project; And whereas there is an existing and continued need for world class spill response and the jobs that are tied to that response on the West Coast of British Columbia: Therefore be it resolved that UBCM ask the provincial and federal governments to guarantee funding for the construction and operation of the marine response facilities including those steered by First Nations, so that those jobs and the world class ocean protection they provide are guaranteed.
Ministry of Forests, Lands, Natural Resource Operations and Rural Development Responsibility for regulating and managing spill prevention and preparedness in the marine environment rests with the federal government. Marine spill prevention and preparedness is of critical importance to the provincial government because a spill in the marine environment inevitably impacts our coastline, marine economy, the culture and quality of life of Indigenous and local coastal communities, the environment, and other provincial resources. The Provincial Government encourages its federal partners to continue to work collaboratively with Indigenous peoples, local coastal communities and provincial ministries to ensure there are adequate resources in place to respond effectively should a spill occur. Working with coastal First Nations to establish a network of marine response facilities represents an excellent opportunity to strengthen preparedness up and down the coast. Should any new products be proposed that increase the risk of a marine spill, it is incumbent on the federal government to ensure adequate resources are in place. While the Province cannot regulate marine spill prevention and preparedness, provincial requirements for spill response and environmental recovery must be addressed following a marine spill when provincial resources are impacted or could be impacted, including timely and effective response actions, spill reporting, restoring damage done to the environment and ensuring polluters pay for government costs associated with the spill.
Minister of Fisheries and Oceans The Government of Canada continues to implement the Oceans Protection Plan, which is enhancing marine safety and the protection of Canadas marine environment. In particular, it includes several initiatives that are strengthening Canadas environmental response regime. We encourage the members of the Union of BC Municipalities to share their views via the Lets Talk OPP Forum. The Forum is available online at the following website: https:letstalktransportation.caOPP Regarding funding for marine response facilities, it should be noted that the Western Canada Marine Response Corporation is an industry-funded organization. The federal government does not direct these investments. Minister of Natural Resources We have the responsibility to ensure the stability and growth of the Canadian economy and to get our resources to markets, but that is only possible if we achieve the required public trust by addressing environmental, Indigenous Peoples and local concerns. Moving forward in the right way on the Project means following the advice of the August 30, 2018, decision by the Federal Court of Appeal FCA. The FCA decision quashed the approval of the Project on two grounds: i the National Energy Board NEB erred in its decision to exclude consideration of marine shipping impacts; and ii Canada failed to properly execute its legal duty to consult with Indigenous Peoples. On September 21, 2018, the Government took the first step in addressing the FCA decision by instructing the NEB to reconsider its recommendation, taking into account the effects of project-related marine shipping. The NEB published its Recommendation Report on February 22, 2019, recommending that the Project be approved, subject to 156 binding conditions. The NEB also made 16 recommendations to the Government related to marine shipping. This report marks an important milestone in this process. To support the NEB review, the Government presented detailed information on recent actions to improve marine safety and protect the marine environment through the worldleading Oceans Protection Plan, complemented by measures to protect Southern Resident Killer Whales off the coast of British Columbia. In addition, we appointed a Marine Technical Advisor to the NEB to ensure it had the expertise and capacity to deliver the best advice to the review process. Consultations with all potentially impacted Indigenous groups is now our focus and priority. The Government continues to learn from the honest and meaningful relationships that continue to develop. We are committed to fulfilling our duty to consult and, where appropriate, accommodate. The Government also appointed former Supreme Court of Canada Justice, the Honourable Frank Iacobucci, as Federal Representative to oversee and provide direction to the consultation process. We are doing things differently this time; we are listening, responding and outlining reasonable accommodations. The Governor in Council will make a decision on the Project once we are satisfied that the Crown has adequately fulfilled its duty to consult and that consultations with all potentially impacted Indigenous groups were offered and undertaken in a meaningful and responsive manner.