Work to-date on the Province's reconsideration process

  • October 2019 to February 2020: Provincial representatives engaged with Squamish Nation, Tsleil-Waututh Nation, City of Vancouver and Trans Mountain to discuss potential actions in response to the September 2019 BC Court of Appeal decisions.
  • March 2020: Provincial Ministers directed the EAO to undertake a provincial reconsideration process, consistent with direction from the BC Court of Appeal, to identify and consider portions of the NEB’s Reconsideration Report that differ from the initial NEB Report and to provide recommendations regarding any new or amended EAC conditions in response to those portions, within the limits of provincial jurisdiction.
    • As part of the reconsideration process, the Ministers directed that the EAO engage and work closely with Squamish Nation, Tsleil-Waututh Nation, and the City of Vancouver. The EAO has also engaged with Trans Mountain, provincial and federal government agencies, and other parties.
    • The target was to complete the provincial reconsideration and provide a report to Ministers by October 2020.
  • May 2020: The EAO notified the public of the Provincial Reconsideration process.  Letters were also provided to all potentially impacted Indigenous nations.
    • In June 2020, the EAO also notified potentially impacted coastal local governments who had participated in the NEB reconsideration process.
  • March to December 2020: The EAO sought initial perspectives from participants and engaged in meetings to discuss the scope of the reconsideration and views of participants. During this time the EAO held meetings and received feedback from:
    • Squamish Nation, Tsleil-Waututh Nation, and the City of Vancouver
    • Trans Mountain
    • Provincial government agencies (Ministry of Environment and Climate Change Strategy; Ministry of Energy, Mines and Low Carbon Innovation; Ministry of Health; Ministry of Forests, Lands, Natural Resource Operations and Rural Development; Ministry of Attorney General; and, BC Oil and Gas Commission)
    • Federal government agencies (Natural Resources Canada, Canada Energy Regulator, Transport Canada, Environment and Climate Change Canada, Fisheries and Oceans Canada and the Canadian Coast Guard) and the West Coast Marine Response Corporation
    • Marine Indigenous nations and other parties
  • August 2020: The EAO informed Ministers that it would need additional time, beyond October 2020, to complete the provincial reconsideration.
  • August to December 2020: The EAO prepared an initial draft reconsideration report and shared it with Squamish Nation, Tsleil-Waututh Nation, the City of Vancouver, Trans Mountain, and provincial and federal government agencies for their review and comment. The EAO’s draft report identifies the portions of the NEB’s Reconsideration Report that differ from the initial NEB report that relate to areas of provincial interest and jurisdiction, the related concerns and views expressed during engagement, EAO’s analysis of the changes (in consideration of the engagement undertaken), and recommendations regarding any new or amended EAC conditions.
  • December 2020: Ministers approved an updated schedule for the remaining reconsideration process that would include a 45-day public comment period (this comment period) starting in January 2021 and would provide a final report to Ministers by early summer 2021.

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