Canada Energy Regulator amended conditions

In its August 2018 ruling, the Federal Court of Appeal found that Canada was unwilling to meaningfully discuss and consider changes to the Canada Energy Regulator’s (CER) conditions to the project.

As a result of the re-initiated Phase III consultations and the meaningful, two-way dialogue that included listening to concerns, responding to them and finding solutions and accommodations, a series of amendments to the CER’s conditions were identified. These address impacts to asserted and established Aboriginal and Treaty Rights.

The government has amended six conditions. They include changes to:

• how Trans Mountain Corporation (TMC) tracks its commitments to ensure accountability for all commitments made as well as future commitments (Condition 6);
• increase the involvement of Indigenous communities in the development of marine response plans (Condition 91);
• increase the involvement of Indigenous communities in monitoring activities during construction (Condition 98);
• ensure more meaningful consultation with Indigenous communities and increased transparency to inform the Emergency Management Plan (Condition 124);
• seek a process to verify and ensure involvement in the development of post-construction environmental reports (Condition 151); and
• manage and mitigate the potential impacts of the project on sacred and cultural sites (Condition 100).

The amendments have been made to increase Indigenous confidence in the actions and commitments from TMC and the CER, as well as to increase the involvement of Indigenous communities in TMC’s plans.

Find out more about how decisions around pipelines are made.