On May 27, 2010, Northern Gateway Pipelines Limited Partnership filed an application with the National Energy Board (NEB) to construct and operate a 1,170 km, 525,000 barrel per day crude oil pipeline and a 193,000 barrel per day condensate pipeline between Bruderheim, Alberta, and Kitimat, British Columbia, and a marine terminal at the port of Kitimat.
Following a rigorous, science-based review that provided opportunities for the public to submit their views and comments on the project directly to the Joint Review Panel (JRP), in December of 2013 the independent Panel released its report. The report found that the project’s benefits outweighed the potential burdens and risks, and recommended that construction and operation of the project was in the public interest, subject to 209 conditions being met by the proponent.
After carefully reviewing the report, the Government accepted the Panel’s recommendation to impose 209 conditions on Northern Gateway Pipelines’ proposal. The National Energy Board will now issue Certificates of Public Convenience and Necessity. This is only one step in the process. There are a number of major steps before construction can begin. The timing of construction will depend on how the proponent proceeds.
Before construction can begin, the proponent will need to seek approval from the NEB for the detailed pipeline route and location of the final right of way. As part of this process, it must publish a notice in local newspapers and provide a written notice to all owners of lands proposed to be acquired. Where objections are filed within 30 days, the NEB will hold public hearings on the detailed route in the affected areas in order to consider landowner concerns and the proponent’s views.
In parallel, the proponent will need to seek various regulatory approvals from the federal government and the governments of British Columbia and Alberta.
Federally, these include:
- Approvals from National Energy Board to authorize the construction and continued operation of the pipelines;
- Authorizations under the Fisheries Act;
- Approval under the Indian Act to cross Indian Reserves, and authorization under the Federal Real Property and Federal Immovables Act with respect to issuance of authorization to use lands held by Aboriginal Affairs and Northern Development Canada;
- Authorization under the Canadian Transportation Act for construction crossing a railway line;
- Approval and licensing issued under the Explosives Act;
In addition, the Province of Alberta would be responsible for issuing upwards of 50 permits and authorizations under the Water Act, Environmental Protection and Enhancement Act, Public Lands Act, Alberta Forests Act, Historical Resources Act, Occupational Health and Safety Act, Public Health Act, Alberta Weed Control Act, and the Public Highways Act.
The Province of British Columbia would be responsible for issuing approximately 60 permits and authorizations under the Forest Act, Forest and Range Practices Act, Forest Practices Code of British Columbia Act, Weed Control Act, Land Act, Agricultural Land Commission Act, Fisheries Act, Fisheries Protection Act, Water Act, Environmental Management Act, Wildlife Act, Heritage Conservation Act, Transportation Act, and Industrial Roads Act.
The proponent must also demonstrate to the independent regulator, the National Energy Board, how it will meet the 209 conditions imposed on the project as a condition of approval. These include requirements such as preparing and implementing a Caribou Habitat Restoration Plan, and developing a research program on the behaviour and cleanup of heavy oils. Additional consultations with Aboriginal communities are also required under many of the conditions and as part of the process for regulatory authorizations and permits.
In addition to the many steps the proponent must take to meet legal requirements before it proceeds with construction, it would need to fulfill the public commitment it has made to engage with Aboriginal groups and local communities along the route, to better understand their concerns and find ways to address them.
Media may contact:
Alexandra Lemieux
Press Secretary
Office of Canada’s Minister of Natural Resources and Minister for the Federal Economic Development Initiative for Northern Ontario
613-996-2007
or
Media Relations
Natural Resources Canada
Ottawa
613-992-4447
Follow us on Twitter: @NRCan (http://twitter.com/nrcan)
