No.

Conditions with initial filings due prior to commencing construction, or prior to

commencing construction of specified Project component(s)

CPCN

OC2

OC49

Temp

Pump1

Pump2

Tanks

Deact

National Energy Board

466

97

Traditional Land Use (TLU) and Traditional Marine Resource Use (TMRU)

Investigation Report

Trans Mountain must file with the NEB for approval,

at least 2 months prior to

commencing construction

, a report describing pre-construction TLU and TMRU

investigations that were not reported during the OH-001-2014 proceeding and that relate

specifically to the Project (up to and including the foreshore lands and boundaries of the

water lease for the Westridge Marine Terminal). The report must include:

a) the name of the potentially affected Aboriginal group to which each investigation

pertains;

b) a description of any identified potentially affected TLU or TMRU sites, resources,

or activities;

c) the methods used to identify the potentially affected TLU or TMRU sites, resources

or activities;

d) a summary of any mitigation measures that Trans Mountain will implement to

reduce or eliminate (to the extent possible) Project effects on TLU or TMRU sites,

resources or activities;

e) confirmation that Trans Mountain will update the relevant Environmental

Protection Plan(s) to include mitigation measures (summarized in (d)) to reduce or

eliminate (to the extent possible) Project effects on TLU or TMRU sites, resources

or activities;

f) a summary of consultations undertaken with or concerns raised by potentially

affected Aboriginal groups regarding investigations on Project effects on the current

use of lands and resources or marine resource use for traditional purposes, as

well as copies of all written comments provided to Trans Mountain by potentially

affected Aboriginal groups to which each investigation pertains. In its summary,

Trans Mountain must provide a description and justification for how Trans Mountain

has incorporated the results of its consultation, including any recommendations

from those Aboriginal groups to which each investigation pertains, into the report;

g) a description of any outstanding concerns raised regarding potential Project effects

on the current use of lands and resources or marine resource use for traditional

purposes, including a description of how Trans Mountain will or address or respond

to them, or an explanation why it will not address or respond to them; and

h) a summary of any outstanding TLU or TMRU investigations or follow-up activities

that will not be completed prior to commencing construction, including estimated

completion date(s), if applicable, and a description of how Trans Mountain has

already identified, or will identify, any potentially affected TLU and TMRU sites,

resources or activities for these outstanding investigations.

Trans Mountain must provide a copy of the report to each potentially affected group

identified in a) at the same time that it is filed with the NEB.

X