Canada Energy Regulator 16 Recommendations
On February 22, 2019, the National Energy Board (now the Canada Energy Regulator or CER) submitted its Reconsideration Report on the Trans Mountain Expansion Project (TMX).
The Commission of the CER’s overall recommendation was that TMX is in the Canadian public interest and should be approved, subject to 156 conditions and 16 non-binding recommendations. These recommendations are intended to mitigate, avoid or lessen potential effects associated with TMX and related marine shipping.
The Government of Canada has been responding to all of the CER’s 16 recommendations. Many of them build on and/or complement existing federal initiatives, such as the Oceans Protection Plan and the Whales Initiative.
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1. Advancing Knowledge in Support of Managing Cumulative Effects in the Salish Sea
The Government of Canada committed to advancing knowledge in support of managing cumulative effects in the Salish Sea. A key piece required to manage cumulative effects is a robust knowledge base to support decision-making. This work was informed through the Salish Sea Initiative, which was co-developed with First Nations communities.
Several existing federal measures contribute to the assessment and management of cumulative effects in the Salish Sea. These include:
- long-term monitoring programs to characterize the existing state of the Salish Sea, including air quality, freshwater quality, and coastal and marine conditions;
- the Open Science and Data Platform (OSDP), which is an online, user-friendly interface for accessing data and science related to cumulative effects; and
- the Oceans Protection Plan, which is strengthening protections for our coasts and wildlife, improving marine safety, and advancing partnerships with Indigenous communities
The Government of Canada enhanced knowledge to support cumulative effects assessment and management in the Salish Sea by:
- taking stock of the current state of knowledge and, informed by the Salish Sea Initiative (SSI), identifying gaps in understanding components of value and concern;
- enhancing research on and monitoring of water quality, air quality, and marine emissions;
- improving access to this knowledge through tools including a website to share knowledge on cumulative effects in the Salish Sea, the Salish Sea Interactive Map (a co-developed online mapping platform to support SSI First Nations’ partners in conducting marine stewardship), the Salish Sea Marine Emissions Tool, and the Open Science and Data Platform; and
- bringing together First Nations and federal partners in the SSI and other non-governmental and academic interests to share and discuss relevant knowledge.
Knowledge to support cumulative effects assessment and management in the Salish Sea is also enhanced through the Salish Sea Marine Bird Monitoring and Conservation Program (Recommendation 3) and the Whales Initiative, among other initiatives.
Learn more about Cumulative Effects in the Salish Sea.
2. Annual reporting on progress to address the health of the Salish Sea
The Government of Canada assessed its reporting related to the health of the Salish Sea and worked to close any gaps.
A report on the health of the Salish Sea Ecosystem is published and regularly updated through a long-standing partnership between Environment and Climate Change Canada (ECCC), the United States Environmental Protection Agency (US EPA) and other authoritative interests that lead initiatives to support the health of the Salish Sea.
To increase access to reporting, a collection of resources on cumulative effects in the Salish Sea was curated on the Open Science and Data Platform. Furthermore, a website on cumulative effects in the Salish Sea was created to share knowledge from initiatives that could inform measures to address cumulative effects and support the health of the Salish Sea.
Learn more about programs generating knowledge in the Salish Sea and ways to access this knowledge.
3. Implement the Salish Sea Marine Bird Monitoring and Conservation Program
The Salish Sea Marine Bird Monitoring and Conservation Program was designed to identify key stressors for marine birds in the Salish Sea, such as the impacts of marine shipping and other marine-based human activities on marine birds.
Since 2020, ECCC and partners have conducted large-scale surveys of marine birds in the Canadian portion of the Salish Sea and nearby waters. Cumulatively, the surveys have covered over 30,000 kilometers and recorded more than 100,000 bird sightings, providing an important snapshot of marine bird use in the region. This is the largest systematic survey of marine birds completed in the region and provides unparalleled information that will help guide conservation efforts for years to come.
In order to assess the current baseline health of the Salish Sea, ECCC and partners have conducted additional studies in focal ecosystems and/or species. These studies provide indicators of the current health of the Salish Sea including food webs. They also assessed potential stressors and threats to marine birds.
The Salish Sea Marine Bird Monitoring and Conservation Program has helped understand how marine shipping and other marine-based human activities affect marine birds and their habitats in the Salish Sea. By identifying key stressors for marine birds, the program supports strategies to ensure the sustainable use of the Salish Sea for marine wildlife, Canadians and the economy. Combined with Indigenous-led monitoring efforts such as those supported by the Salish Sea Initiative, this information is guiding actions to protect marine birds and their habitats.
Learn more about the Salish Sea Marine Bird Monitoring and Conservation Program.
4. Expedite the feasibility study, and if feasible, establish a Southern Strait of Georgia National Marine Conservation Area
The feasibility assessment for the proposed Southern Strait of Georgia National Marine Conservation Area Reserve (NMCAR) is ongoing, with work advancing collaboratively between 11 First Nations, the Province of B.C., and Parks Canada.
At this time, there is no fixed timeline for the completion of the feasibility assessment. Parks Canada is committed to co-developing the process with Indigenous partners and the Province of B.C.
Parks Canada can confirm that renewed attention has been provided to the process through increased engagement with Indigenous partners and the province, with whom Parks Canada is actively collaborating to determine the feasibility of the protected area.
Learn more about the Feasibility Study for the Proposed Southern Strait of Georgia National Marine Conservation Area Reserve.
5. Develop an Offset Program for increased underwater noise and vessel strike risk as a result of project-related marine shipping
The Government of Canada has put in place a suite of measures under the Oceans Protection Plan and the Whales Initiative to support the protection and recovery of Southern Resident killer whales. This includes seasonal measures to reduce underwater noise from vessels, such as:
- Interim Sanctuary Zones;
- Increased approach distance for the Southern Resident killer whales;
- A prohibition on impeding the path of killer whales;
- Speed restricted zones in areas off Swiftsure Bank; and
- Voluntary measures coordinated by the Vancouver Fraser Port Authority, including slowdowns for large commercial vessels and movement of tug traffic away from known areas of importance to Southern Resident killer whales.
The Government of Canada has also worked with industry to establish a pilot project working group, to trial the concept of Underwater Vessel Noise Management Plans (UVNMP). These plans would see industry partners using vessel noise profiles generated by the Government of Canada to assess their noise impacts and develop a long-term plan to address the underwater footprint of their operations.
Canada also took a leading role at the International Maritime Organization’s Marine Environmental Protection Committee in pushing for stronger and clearer guidelines for international vessels to adhere to with respect to underwater noise. These Revised Guidelines were published in August 2023 and are currently part of an Action Plan and Experience Building Phase at the International Maritime Organization, where member states can share their challenges and successes with respect to implementation.
The Government of Canada’s Offset Program quantitatively demonstrates how measures contribute to addressing effects on Southern Resident killer whales from project-related marine traffic.
The Offset Program:
- uses a network of hydrophones to measure and monitor underwater noise levels
- has established an underwater noise baseline throughout the marine shipping route
- uses an acoustic model to forecast increases in underwater noise from project-related vessels and potential reductions in underwater noise under various management scenarios
The objective is to monitor underwater noise and evaluate the extent to which project-related noise is addressed within areas of importance to Southern Resident killer whales by using management measures that the Government of Canada funds and supports. The program will continue to report results over time to inform the adaptive management of measures.
Highlights:
- In March 2024, a draft underwater noise offset framework, using the Trans Mountain Expansion project as a case study, went through a peer-review science process; and
- A technical report was produced that provides details on the results of the modelling project and management measures scenarios.
Funding from the Whales Initiative enables the Canadian Coast Guard to continue operating the Marine Mammal Desk (MMD) until 2025-26. The MMD monitors marine mammal sightings and reports them to other federal organizations, such as Transport Canada, Fisheries and Oceans Canada, and Parks Canada. These reports may also be shared with non-governmental organizations, such as the BC Marine Mammal Response Network and the Ocean Wise Sightings Network. Working with these local organizations increases local awareness of marine mammals and supports their protection.
The Government of Canada will continue to engage on measures with Indigenous communities and nations, industry, marine users and others as opportunities arise.
Learn more about measures to protect Southern Resident killer whales.
Learn more about the Quiet Vessel Initiative, one of the accommodation measures for TMX.
6. Consider specific measures related to Recommendation 5 and report on their potential feasibility and likely effectiveness
Aligned with Recommendation 5, this work involves reporting on the feasibility and effectiveness of specific measures and expanding our knowledge of at-risk whale species, beyond the Southern Resident killer whale.
Learn more about the research that is underway, including the terms of reference for a study on the density and distribution of at-risk cetacean species in the southern Salish Sea.
7. Update federal marine oil spill response requirements
Initiatives under the renewed Oceans Protection Plan continue to support this recommendation, including the Canadian Coast Guard-led Integrated Marine Response Planning program. This program will implement response planning for risk based marine pollution across Canada in collaboration with spill response partners. It will also integrate scientific and Indigenous knowledge.
The Canadian Coast Guard is also working closely with Transport Canada to advance the Marine Pollution Preparedness, Response and Recovery initiative. This initiative aims to create a formal role for Indigenous response partners.
Many elements of this recommendation have been addressed through accommodation measures such as the Co-Developing Community Response (CDCR) initiative. Through CDCR, the Canadian Coast Guard is working with Indigenous communities along the marine route to build capacity as well as strengthen working relationships related to oil spill preparedness and response.
Through CDCR, Indigenous groups and communities along the marine route are empowered with information, personnel, training and equipment to identify and protect culturally important and sacred sites on their traditional territories. This includes technology and tools to improve alerting, notifications and communications during a marine incident.
Transport Canada is taking further steps to improve marine oil spill preparedness by updating regulations to improve the ship-source oil spill preparedness requirements for Transport Canada-certified response organizations and oil handling facilities. These proposed regulations will improve regional response planning, formalize and enhance the evaluation of a response organization’s oil spill response readiness, and strengthen oversight and enforcement.
8. Develop a regulatory framework for mandatory enhanced tug escort in the Salish Sea
Under the Oceans Protection Plan, a range of initiatives exists to ensure world-leading marine safety, including in the Salish Sea (for example, improved navigational aids, pilotage reform and increased Canadian Coast Guard response capacity).
CER Conditions #133 and #144 outline the detailed requirements for tug escorts in the Salish Sea for project-related tankers. Transport Canada continues to develop a regulatory approach to ensure oversight and enforcement of the TMX project’s mandatory tug escort within the broader delivery of marine pilotage services in Canada.
9. Consider a Canada/U.S. Transboundary Vessel Risk Assessment
The Government of Canada undertook an analysis to evaluate the need for a risk assessment for transboundary vessel traffic. The analysis found that the existing regulatory regime coupled with the suite of federal and state programs and initiatives currently in place to address marine risks provides a strong and effective governance framework to ensure the safety of transboundary marine shipping. As such, a transboundary risk assessment is not needed at this time in response to this recommendation.
10. Develop greenhouse gas reduction measures for marine shipping that align with the final International Maritime Organization Strategy
The response to this recommendation draws on existing programs and initiatives as Canada continues to participate in discussions at the International Maritime Organization (IMO) on reducing greenhouse has (GHG) emissions from shipping, including the development of IMO mid-term measures. Canada played a key role in the adoption of the revised 2023 IMO GHG Strategy, which now includes a net-zero GHG target by 2050, aligning with Canada’s broader climate goals
Canada continues to work with the maritime shipping industry and international shippers to demonstrate and deploy best available technologies for the reduction of greenhouse gas emissions from marine shipping associated with the project.
Learn more about the Canadian Green Shipping Corridors Framework.
11. Indigenous Advisory and Monitoring Committee (IAMC) engagement on marine safety system
The recommendation provides a further opportunity to reinforce Indigenous engagement and partnerships that have been established, including through the IAMC.
The IAMC creates permanent and long-term working relationships with Indigenous partners and supports capacity within those groups to participate in the marine safety system. A Marine Shipping Subcommittee was established as a forum that includes potentially impacted marine communities and federal officials. This subcommittee supports advancing shared interests and will ensure a more robust marine safety regime in the long term. It will benefit coastal Indigenous communities as well as all Canadians.
Learn more about the TMX Indigenous Advisory and Monitoring Committee.
12. Continue engagement and awareness activities targeting small vessel operators to prevent marine collisions
The Government of Canada expanded the Boating Safety Contribution Program and has funded projects that encourage safe navigation practices to help prevent collisions.
Under the Oceans Protection Plan, Canada is modernizing the boating safety program and expanding the mandate of Transport Canada’s Office of Boating Safety. The office will focus on fishing vessel operators and operators of small commercial vessels, as well as Indigenous and coastal communities.
The Government of Canada is collaborating with a number of coastal Indigenous communities on activities to increase boating safety awareness in their communities.
13. Accelerate the implementation of the Enhanced Maritime Situational Awareness (EMSA) Initiative and Automatic Identification System (AIS)
The Government of Canada has developed and implemented the EMSA Initiative, which aims to increase access to maritime information and data, including vessel traffic, for Indigenous peoples, coastal communities and other partners.
The Government of Canada has also expanded the Automatic Identification System (AIS) carriage requirements for smaller vessels, which identifies and tracks vessels operating in Canadian waters. These initiatives will enhance maritime situational awareness and provide an accessible and near real-time common operating picture for coastal communities in support of local and collaborative planning, analysis and informed decision-making around the marine space, further enhancing maritime monitoring and safety.
Learn more about the expanded Enhanced Maritime Situational Awareness Initiative and the AIS.
14. Develop and deploy new oil recovery technologies
As part of the Oceans Protection Plan, we've further improved how Canada responds to marine emergencies. This helps us protect our coasts and mariners at sea by strengthening our incident prevention and response.
With the Multi-Partner Research Initiative (MPRI) as part of the Oceans Protection Plan, the Government of Canada has invested in oil spill research and innovative response projects across the country and abroad to better understand spills, their environmental effects and how to respond. This initiative engages the knowledge of oil spill experts, Indigenous and coastal communities, regulatory agencies, and response organizations. These communities help to develop improved responses, and support science-based decisions to minimize the impacts of oil spills while enhancing habitat recovery.
Natural Resources Canada has launched the Oil Spill Response Challenge to invest in the expansion of oil spill detection and recovery solutions by allocating up to $10M to accelerate the development of technologies that improve the detection and/or expedite the recovery of oil spills in aquatic environments.
More details about the Challenge, including the list of competitors, details on their spill response technologies, and program updates can be found on the Oil Spill Response Challenge website.
15. Review federal marine oil spill compensation regimes
In June 2023, amendments to the Marine Liability Act came into force as a result of the 2020-21 Review of the Marine Liability Act. These amendments respond to the concerns of Indigenous and non-Indigenous communities about the availability of compensation for traditional hunting, fishing and harvesting activities, and the potential impacts of long-term oil pollution on local communities. Additionally, these amendments:
- strengthen the polluter pay system, particularly for spills from small or inland vessels;
- clarify the availability of compensation for economic impacts for individuals and communities where fishing, hunting and harvesting activities related to Indigenous rights are impacted by an oil spill; and
- in the unlikely event of longer-term damage, expand compensation for losses of profit, income, or fishing, hunting and harvesting for household or community use
16. Develop a formal complaint resolution program to resolve complaints about marine vessels anchored at the Vancouver Fraser Port Authority-managed anchorages
The Vancouver Fraser Port Authority (VFPA) has an established process for managing complaints regarding VPFA assigned and managed anchorages.
For inquiries relating to port activities and operations, including commercial ships anchoring at the Port of Vancouver, fill out and submit this form: Contact us – Port of Vancouver (portvancouver.com).
For noise and light concerns relating to commercial ships at anchor around the Southern Gulf Islands, fill out and submit this form: Southern B.C. anchorage noise and light concerns – Port of Vancouver (portvancouver.com)
To learn more about how the port authority assigns anchorages at the Port of Vancouver and around the Southern Gulf Islands under the Interim Protocol for the Use of Southern B.C. Anchorages, visit Anchorages – Port of Vancouver (portvancouver.com).