Trans Mountain Expansion Project 2016

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Conditions applied

to legal instruments

In these conditions, the following terms are defined as:

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Appropriate

Government

Authorities

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.)

Commencing

operations

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.

Construction

Any in-field activity that may have an effect on the environment and that is necessary for installing,

deactivating, reactivating

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or decommissioning, or preparing to install, deactivate, reactivate

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or

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.

Consultation

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

matter;

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