Trans Mountain Expansion Project 2016
Conditions applied
to legal instruments
In these conditions, the following terms are defined as:
Federal, Provincial, Regional or Municipal government departments or agencies with jurisdiction, statutory
obligations, regulatory oversight or a decision-making role in relation to the subject-matter of the specific
condition. For location-specific conditions or phased filings, this is limited to those with such a role in relation
to the geographic location to which the condition filing applies. (Aboriginal groups are treated separately and
listed separately in each applicable condition.)
The Project is opened for oil storage and transmission. Unless otherwise specified, “prior to commencing
operations” means an action must be completed prior to commencing operation of any component of the
Project, and “after commencing operations” means an action must be completed after all components of the
Project are operating.
Any in-field activity that may have an effect on the environment and that is necessary for installing,
deactivating, reactivating
or decommissioning, or preparing to install, deactivate, reactivate
decommission, any component of the Project. Construction activities include, clearing, mowing, grading,
trenching, drilling, boring, and blasting. Construction activities do not include activities associated with
routine surveying operations or data collection activities, such as geotechnical investigations (e.g., geophysical
surveys, bore holes, and test pits), activities required to obtain integrity information on the reactivation
pipeline segments, or operations and maintenance activities (to which NEB “Operations and Maintenance
Activities on Pipelines under the National Energy Board Act – Requirements and Guidance Notes” apply).
Construction at the Westridge Marine Terminal also includes construction activities occurring in the marine
environment that are necessary for installing, or preparing to install, any component of the Westridge Marine
Terminal expansion. This includes dredging, blasting, and pile drilling.
Unless otherwise specified in a condition, Trans Mountain’s consultation must be carried out in a manner that:
a) provides, to those to be consulted:
i) notice of the matter in sufficient form and detail to allow them to prepare their views or information on the
ii) a reasonable period for them to prepare those views or information; and
iii) an opportunity to present those views or information to Trans Mountain; and
b) considers, fully and impartially, the views or information presented;
c) provides, to those in a) who request it, a draft summary of the consultation undertaken with that party, and
a reasonable period for them to provide feedback to Trans Mountain; and
d) provides, to those in a) who request it, a copy of
the NEB filing receipt for, or notice of, the condition filing
to which the consultation pertained.
83 Excluding engineering assessment and operations and maintenance activities required to meet Conditions 19 and 31.
Appendix 3