On June 18, 2019, the Government of Canada approved the Trans Mountain Expansion Project, subject to 156 conditions covering a wide range of areas, including emergency preparedness and response, pipeline safety and integrity, and consultation with affected Indigenous communities.

The conditions are enforced by the National Energy Board (NEB) and demonstrate the rigour and detail that will go into every stage of the Project to mitigate risks, respect the rights of those directly affected and operate safely. In addition, Trans Mountain has made hundreds of commitments to address concerns raised by the public, local and provincial governments and Indigenous communities that encompass a wide range of areas. Trans Mountain is required by the NEB to implement each and every one of these commitments.

As a result of the re-initiated Phase III consultations, the government has amended six of the conditions recommended by the NEB in its February 22, 2019, Reconsideration Report. The amendments to the Conditions are outlined in bold below:

Condition 6

Commitments tracking table:

Without limiting Conditions 2, 3 and 4, Trans Mountain must implement the commitments contained within its commitments tracking table. The proponent shall periodically update the commitments tracking table as per b), by adding to the table all commitments made by the Proponent in respect of the Project subsequent to the close of the MH-052-2018 proceeding, and must:

a) file with the NEB and post on its website, at least thirty (30) days prior to commencing construction, an updated commitments tracking table. The commitments tracking table must contain:

i) all commitments Trans Mountain made to Indigenous groups in its Project application or to which it otherwise committed on the record of the OH-001-2014 proceeding, as well as the MH-052-2018 proceeding, during phase III and IV consultations, and during ongoing consultations and engagements;

ii) a plan for addressing all commitments made to Indigenous groups, the plan must include:

1) a description of the approach for addressing each commitment made to Indigenous groups 
2) the accountable lead for implementing each commitment; and,
3) the estimated timeline associated with the fulfillment of each commitment; and
4) the criteria used to determine when commitments have been fulfilled/satisfied.

Condition 91

Plan for marine spill prevention and response commitments:

Trans Mountain must provide a summary of its consultations for this purpose, including a description and rationale for how Trans Mountain has incorporated the results of its consultation into the strategy.

Condition 98

 Plan for Indigenous group participation in construction monitoring:

b) a description and justification for how Trans Mountain has incorporated the results of its engagements, including any recommendations, into the plan;

f) a description of how Trans Mountain will provide the information gathered through the participation of Indigenous Monitors to potentially affected Indigenous groups, subject to appropriate protections for confidential information.

Condition 100

Heritage Resources and Sacred and Cultural Sites:

Trans Mountain must file with the NEB at least thirty days prior to commencing construction of individual Project components as described in Condition 10(a):

d) a list of sacred and cultural sites identified in the OH-001-2014 proceeding, MH-05-2018 Reconsideration proceeding, or Phase III Crown consultations and not already captured under condition 97;

e) a summary of any mitigation measures that Trans Mountain will implement to reduce or eliminate, to the extent possible, Project effects on sites listed in d), or a rationale for why mitigation was not required;

Condition 124

Implementing improvements to Trans Mountain’s Emergency Management Program:

vi) a summary of its consultations with Appropriate Government Authorities, first responders, potentially affected Indigenous groups, and affected landowners/tenants (Condition 90 and Condition 117). In its summary, Trans Mountain must provide a description and justification for how Trans Mountain has incorporated the results of its consultation including any recommendations from those consulted into Trans Mountain’s Emergency Management Program, including its Emergency Response Plans.

Condition 151

Post-construction environmental monitoring reports:

h) In its summary, Trans Mountain must provide a description and justification for how Trans Mountain has incorporated the results of its consultation into the strategy.

To view all 156 Condition click here.