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Oral Traditional Evidence sessions begin for Trans Mountain Expansion Project Reconsideration hearing
November 20, 2018 – Calgary – National Energy Board
The National Energy Board (NEB) is starting three weeks of Oral Traditional Evidence (OTE) proceedings today as part of the Trans Mountain Expansion Project Reconsideration hearing pertaining to project-related marine shipping.
The NEB has scheduled OTE sessions in three different cities, starting in Calgary (Nov. 20-22), proceeding to Victoria, B.C. (Nov. 26-29) and concluding in Nanaimo, B.C. (Dec. 3-6). The detailed schedule of presenters [Document 3692029] is available on the NEB website.
An invitation to provide OTE in the reconsideration hearing was extended to the approximately 45 Indigenous intervenors. The Board understands that Indigenous peoples have an oral tradition for sharing knowledge from generation to generation. This information cannot always be shared adequately or appropriately in writing, and the Board believes it will be valuable in the Reconsideration. To date, approximately 30 from Alberta, British Columbia, and the United States have said they intend to participate in the OTE sessions.
The NEB will provide a live audio feed of the hearing sessions via its website. Transcripts of each session will also be available.
The focus of the reconsideration is the application of the Canadian Environmental Assessment Act, 2012, and the Species at Risk Act to project-related marine shipping. Along with OTE, the reconsideration hearing includes a written portion.
The hearing schedule responds to the Government of Canada’s direction for the NEB to reconsider aspects of its May 2016 recommendation report, and to complete the reconsideration process and issue its resulting report no later than February 22, 2019.
- In May, 2016 the NEB recommended that the Federal government approve the Trans Mountain Expansion Project subject to 157 conditions. The Federal Government approved the project in November 2016.
- The NEB was involved in various aspects of regulatory oversight of the project from December, 2016 to August, 2018, including determining the detailed route and a variety of condition compliance activities.
- On August 30, 2018, a Federal Court of Appeal decision quashed the Order in Council approving the Trans Mountain Expansion Project, and nullified the Certificate issued by the NEB for the project.
- Ongoing NEB processes directly related to the Trans Mountain Expansion project, including consideration of condition compliance filings and detailed route hearing processes, have ceased.
- On Sept. 20, 2018, the Government of Canada directed the NEB to reconsider its recommendations as they are relevant to project-related marine shipping. The Government directed this work to be completed within 155 days.
- To date, the NEB has made decisions on 145 applications for intervenor status (including on late applications) in the reconsideration hearing, and has granted intervenor status to 114 applicants. Of those, the majority were intervenors in the original Trans Mountain Expansion Project hearing.
- Procedural Direction #2 [Document 3692028]
- OTE Schedule [Document 3692029]
- TMEP Reconsideration hearing order [Document 3621536]
- NEB engagement with Indigenous Peoples snapshot
- NEB’s Trans Mountain Expansion Project web page
The National Energy Board is an independent federal regulator of several parts of Canada’s energy industry. Its purpose is to regulate pipelines, energy development and trade in the Canadian public interest. For more information on the NEB and its mandate, please visit the National Energy Board website.
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Media Relations team
National Energy Board
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