NEB re-validates Trans Mountain permits

BURNABY, B.C. – The National Energy (NEB) board has re-validated permits for the Trans Mountain Expansion project.

The NEB announced that its decisions and orders issued prior the overturning Federal Court of Appeal decision will remain valid, unless the NEB decides that relevant circumstances have “materially changed.”

The NEB noted that it may review some of the decisions or orders of its own motion, if new information is presented by Trans Mountain, or in an application for review.

Trans Mountain must now issue notices to landowners along the entire project route, including ones previously issued. The project team must also publish notices in local newspapers. The NEB will also notify potentially affected Indigenous peoples, advising of the detailed route approval process.

Landowners or indigenous peoples who have issues with the proposed route can file a Statement of Opposition (SOO) with the NEB to request a review a prior detailed route decision, hold a new hearing or proceed with a detailed route hearing that was previously underway.

The decision from the NEB came after a public comment hearing held last month and early this month where affected parties, the company and the public were given time to provide input on the NEB’s proposed approach to resuming regulatory processes for the project, including any proposed alternatives.

“In consideration of the comments received, this decision sets out how all regulatory processes for the project will move forward,” read a statement from the NEB.

The NEB plans publish the reasoning behind its decision.

The project was originally approved by the federal government in 2016 but this decision was overturned by the Federal Court of Appeal in August 2018. The court ruled that the project hadn’t properly consulted with affected First Nations along the route or studied the impact of the project on marine wildlife.

The project was again approved by the Government of Canada in June 2019 after attempting to address those concerns.