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An opportunity to provide a Statement of Opposition to the expansion route, timing and construction methods submitted to the NEB by Kinder Morgan Trans Mountain ULC

09/03/17
Author: 
Lynn Perrin

Some directly affected residents and groups along the proposed expansion route have concerns in regard to the route, timing or construction methods. For instance many residents of Chilliwack are concerned about the risks to the aquifers which supply their drinking water.  Some in Abbotsford are concerned about the close proximity of the expansion route to aggregate mine blasting.

 
We all have an opportunity to provide opposition to the expansion route submitted to the NEB by Kinder Morgan Trans Mountain. Here are some details:

 

How can I learn about the company's application for the detailed route?

Once the company files the PPBoRs with the NEB, these documents are available to the public on the National Energy Board website (click here).

The company must publish a notice in local newspapers and give written notice to all landowners whose properties are intersected by [who have an interest in the lands along] the pipeline route. The newspaper notice usually includes a map and a list of the lands crossed by the pipeline. It will explain how objections to the detailed route can be filed with the Board. Note that while the term "landowner" is commonly used in this process, the process is not limited to landowners but is open to anyone with an interest in the lands the pipeline crosses. Such interests may include renting, grazing animals, use of natural resources and any other interest that may be impacted by the project.

[Landowners who have an interest in the lands which will be crossed by the pipeline route will be provided with a notice in person. This notice] Notices served and published along the route will show [where the detailed] in detail the proposed route [proposes to cross the landowner's property] and will provide information on how people [the landowner] can oppose the proposed route.

Who can oppose the detailed route of a pipeline?

[You can oppose the detailed route if you are a landowner who has been served with a notice about the detailed route of the pipeline. You can also] Anyone can oppose the detailed route if they [you are a person who] anticipate[s] that their interest in the [your] lands on the proposed route may be adversely affected by the [proposed detailed route of the pipeline] project.

You can oppose the detailed route (exact location) of the pipeline or the methods or timing of the construction of the pipeline.

What is meant by "methods and timing of construction"?

Methods of construction describes such things as how the company plans to clear the pipeline right-of-way, remove and store the top soil, install the pipeline, and reclaim the lands. Timing of construction could refer to the time of year when the company plans to build the pipeline, and/or the length of time the construction is expected to last.

 

How do I oppose the detailed route and how much time do I have to file my opposition?

If you want to oppose the detailed route you must send a letter to the NEB and to Trans Mountain. The statement of opposition must state:

  • your interest in the lands that will be crossed by the proposed route, or in other lands that you believe will be adversely affected; and
  • your reasons for opposing the proposed detailed route; the route location, the methods of construction, or the timing of construction of the pipeline.

The NEB Act sets out how much time you have to send your written objection. A person whose lands are crossed by the pipeline has 30 days from the date they receive notice of the detailed route. A person who thinks their lands may be adversely affected by the detailed route of the pipeline has 30 days from the last day the advertisements appeared in a local newspaper. For the schedule of publication of notices in newspapers along the route click here.

These timelines are fixed in the NEB Act so it is important for landowners to file their statements with the Board and Trans Mountain before the 30-day period expires. Addresses will be on the notices.

Do you have templates I can follow?

Yes, templates can be found on the NEB's website by going to "Land Matters" and then "Templates for Public Participation" and now available Statement of Opposition form http://www.neb-one.gc.ca/pplctnflng/mjrpp/trnsmntnxpnsn/tmplt/sttmntppstn1-eng.doc

What happens after I send my opposition to the detailed route?

The NEB must conduct a detailed route hearing if, within the applicable 30-day period, persons whose lands are crossed by the pipeline or others whose lands are affected raise legitimate objections about the specific details of the pipeline route or about the methods or timing of the construction.

If an objection is withdrawn, the NEB does not have to hold a detailed route hearing. The NEB can also reject any objections that deal with issues outside of its jurisdiction (such as compensation), or that are found to be frivolous, or not made in good faith.

For more information about compensation, see Chapter 7: Compensation for Land Use.

Can I participate in someone else's detailed route hearing?

In addition to landowners on the route and anyone with an interest in the lands of the route or whose lands may be affected by the project, anyone with a legitimate interest may apply to the NEB to participate in the detailed route hearing. You must follow the requirements for filing an intervention as described in the National Energy Board Rules of Practice and Procedure, 1995. The NEB will decide whether you will to be allowed to participate as an intervenor.

See Chapter 5: Detailed Route Hearings.

 
Detailed route filing schedule 
Here is the "proposed segmented PPBoR filing schedule (attached as Appendix A) and the associated proposed section 34(1)(b) notice publication dates (attached as Appendix B)."
 
 
 
Lynn Perrin, on behalf of Pro Information Pro Environment United People Network