Whereas the current National Energy Board NEB assessment of the Trans Mountain Expansion Project has proven to be deeply flawed and undemocratic; And whereas the Union of BC Municipalities endorsed the City of Victorias emergency resolution LR2 in September 2014 calling on the Environmental Assessment Office of the Province of British Columbia to undertake its own environmental assessment process of the Trans Mountain Expansion Project and withdraw from the 2010 Equivalency Agreement with the NEB, but no response has been received to date from the Province; Therefore be it resolved that in response to 2014 UBCM resolution LR2, the Province of British Columbia withdraw from the 2010 Equivalency Agreement with the National Energy Board and undertake its own environmental assessment process of the Trans Mountain Expansion Project, with meaningful participation by First Nations, local governments and all interested British Columbians.
Environmental Assessment Office The Province 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 B.C. will consider supporting it. B.C.s 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 BCs 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; - BC receives a fair share of the fiscal and economic benefits. The Province was an intervener in the NEBs review of the project and actively represented the interests of the people of B.C. Interveners could submit Information Requests, file written evidence, bring motions and submit final arguments. The Province reviewed the information that was filed by Kinder Morgan, and filed a number of information requests in order to obtain the information it requires. The Province also met regularly with Kinder Morgan to ensure that all aspects of their proposal were understood and to make issues of importance to British Columbians known to the company. This review was run entirely under the authority of the National Energy Board. The Board set the process for the review. The assessment for Trans Mountain was subject to the 2010 Equivalency Agreement between the British Columbia Environmental Assessment Office EAO and the National Energy Board, and, as per this agreement, the environmental assessment completed by the Board would equivalent to the provincial assessment under the Environmental Assessment Act. The Province supports the principle of one project, one assessment, and has therefore sought to reduce unnecessary regulatory duplication. As a result of the Equivalency Agreement, EAO did not conduct an environmental assessment or issue an environmental assessment certificate for interprovincial pipeline projects. However, in late January 2016 the BC Supreme Court in Coastal First Nations v. British Columbia 2016 held that while the Equivalency Agreement remains valid, the Minister of Environment and Minister of Minister of Natural Gas Development are required to decide whether to issue a provincial environmental assessment certificate for projects subject to the agreement, must consider whether any provincial conditions should be included in the certificate, and must consult with aboriginal groups. Therefore, EAO will be conducting the remaining provincial environmental assessment process based on the Boards panel report and any supplemental information provided by Kinder Morgan. In consideration of this information, EAO will be consulting with aboriginal groups and identifying any provincial environmental assessment certificate conditions to recommend to provincial Ministers. If an environmental assessment certificate is issued by provincial Ministers, any conditions they attach would become legally binding requirements for Trans Mountain.