Roles and responsibilities
With complex project reviews like the Trans Mountain Expansion, it is important to know who is in charge of what. We worked collaboratively to ensure a transparent and robust process.
Who owns the Trans Mountain pipeline project?
The Government of Canada, led by the Canadian Development Investment Corporation (CDEV). CDEV is a federal Crown corporation responsible for the commercial management of assets owned by the Government of Canada, reporting to the Minister of Finance.
Who runs the Trans Mountain pipeline?
Trans Mountain Corporation (TMC) is a subsidiary of CDEV that owns and operates the existing pipeline and is the proponent of the proposed expansion project. Its representatives were involved in Phase III consultations and participated in meetings with Indigenous groups.
Who oversees the Trans Mountain pipeline and expansion project?
The Minister of Finance is responsible for ensuring the proper oversight of the TMC as a subsidiary of CDEV.
The Minister of Natural Resources is responsible for overseeing the independent energy regulator – the Canada Energy Board (CER), which oversaw the Crown consultation process, reported to Cabinet on the progress of the consultations and advised the government on whether to approve the project.
Who reassessed the effect of project-related marine shipping?
The NEB (now the CER), the independent energy regulator, following direction from Governor-in-Council, reconsidered the marine shipping impacts of the project and recommendations, terms and conditions set out in its May 19, 2016 Report.
Specifically, the NEB took into consideration the environmental effects of Project–related marine shipping under CEAA 2012 and the effects of marine shipping on species at risk, including the Southern Resident Killer Whale. The NEB facilitated Indigenous participation in the reconsideration process and offered participant funding to Indigenous groups to enable consultation on the marine reassessment.
The Marine Technical Advisor - John A. Clarkson was appointed to provide expert advice to the NEB on marine issues, including impacts to the environment and species at risk from project-related marine traffic.
On February 22, 2019, following an intensive 22-week reconsideration process, the NEB submitted its report on TMX and found that the project is in the Canadian public interest and should be approved subject to 156 conditions and 16 new recommendations.
Who worked on the Phase III consultations?
The Minister of Natural Resources Canada, acting as Crown Consultation Coordinator, was responsible for planning, delivering, and overseeing the Crown consultation process in order to ensure the Crown fulfilled its constitutional duty.
The Minister updated to the Cabinet Committee on Environment and Clean Growth on the meaningful two-way dialogue with Indigenous groups and ensured that Indigenous groups received feedback on proposed accommodation measures.
The Federal Representative, former Supreme Court of Canada Justice the Honourable Frank Iacobucci, was appointed to oversee and provide direction on the consultation process. He ensured that it proceeded as the Court defined and worked directly with officials and other external experts.
Whole-of-Government Consultation Task Team
The Task Team:
- carried out the tailored consultations, including correspondence and face-to-face meetings with Indigenous groups
- led meaningful, substantive and focused discussions on the outstanding concerns of each of the potentially impacted Indigenous groups
- engaged in meaningful two-way dialogue and discussed the concerns of Indigenous groups and accommodation measures to address them
- facilitated Indigenous participation in the consultation process and offered participant funding to Indigenous groups
What did the other government departments do?
As experts on topics under their respective mandates, departments contributed information or knowledge by participating in the NEB’s reconsideration process and the re-initiated Phase III consultations.
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