Trans Mountain Expansion Project 2016

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Views of the Board

The Board acknowledges the concerns raised by participants in regards to fish and fish habitat and

more specifically, Pacific salmon. The Board is of the view that proposed watercourse crossings

designs, mitigation measures, reclamation activities, and post construction environmental

monitoring, as proposed by Trans Mountain, are appropriate and would effectively reduce the extent

of effects on fish and fish habitat. The Board is also of the view that the baseline data, including

collection methods, used by Trans Mountain to support their environmental assessment was

appropriate for the scope of the Application. The Board finds that the assessment methods used by

Trans Mountain are based on proven industry standards and are commonly applied approaches used

in pipeline assessments. The Board is of the view that watercourse crossings are fairly standardized

with ample guidance from industry as well as federal and provincial regulators, and when completed

according to such guidance, are generally considered low risk.

The Board concurs with Trans Mountain’s self-assessment of the potential for serious harm, in that

the majority of proposed watercourse crossings are not going to constitute serious harm under the

Fisheries Act. The Board acknowledges that some proposed watercourse crossings, because of timing

or environmental conditions, are considered higher risk and have a higher potential for serious harm.

The Board agrees with participants that finalized, site-specific information is needed to make an

accurate serious harm determination for higher risk crossings. In order to fulfill the responsibilities

of the National Energy Board under the Memorandum of Understanding with DFO, the Board would

impose Condition 43 requiring Trans Mountain to file site-specific information with the Board, prior

to construction. The Board will use this information to conduct a site-specific review of each of the

proposed watercourse crossings where Trans Mountain cannot meet all of Fisheries and Oceans

Canada’s Measures to Avoid Causing Harm to Fish and Fish Habitat, and to verify the results of

Trans Mountain’s self-assessment of the potential for serious harm. The Board would refer to DFO

any watercourse crossing activities that may likely require authorization under the Fisheries Act.

DFO would then be responsible for issuing any authorizations. The Board would impose Condition

110 that requires Trans Mountain, in the event it requires a Fisheries Act authorization(s), to file any

finalized authorizations with the Board prior to construction. The Board notes that if any Fisheries Act

authorization(s) are required for the Project, DFO has acknowledged it will undertake consultation

with potentially affected Aboriginal groups. Trans Mountain also committed to developing any

Fish and Fish Offset Plans in consultation with regulators, fisheries managers, Aboriginal groups

and other stakeholders.

The Board understands participants’ concerns regarding the consideration of riparian habitat as part

of serious harm determination. The Board generally agrees with Trans Mountain’s assertion that

removal of riparian vegetation may require a Fisheries Act authorization if it has a limiting effect on

the productive capacity of the watercourse, and if its removal or disturbance represents a potential

influence on fish communities. The Board would impose Condition 43 requiring Trans Mountain

to provide site-specific riparian habitat information prior to construction. The Board will then

consider the riparian habitat information as part of its site-specific review. The Board would also

impose conditions requiring Trans Mountain to develop a Riparian Habitat Management Plan and

Riparian Habitat Reclamation Evaluation Report and Offset Plan aimed at reducing the impacts of

construction on riparian habitat (Conditions 71 and 154). A detailed discussion on these conditions is

provided in the surface water quality and quantity section (section 10.2.3).

The Board recognizes the concerns of participants related to cumulative effects on fish and

fish habitat in watersheds crossed by the proposed pipeline corridor. The Board acknowledges

Trans Mountain’s voluntary commitment to develop an Environment Stewardship Program as part

of the Community Benefit Program, where Trans Mountain would seek opportunities, alone or

in partnership, to restore, secure, or enhance elements of aquatic ecosystems above and beyond

regulatory requirements. The Board recognizes the local knowledge held by Aboriginal groups

and the local community, including species experts and expects Trans Mountain to consult with

these groups as it develops the Environmental Stewardship Program. The Board is of the view that

voluntary programs, such as the Environmental Stewardship Program, are essential in addressing

total cumulative effects and in promoting recovery of impacted species and habitats.