Conditions with initial filings due during construction / prior to
commencing operations
Trans Mountain Expansion Project 2016
Terminal fire protection and firefighting systems
a) Trans Mountain must file with the NEB for approval,
at least 3 months prior to
applying for leave to open of any Project component at each respective terminal
an independent third party report confirming the adequacy of the proposed fire
protection and firefighting systems implemented or planned to be implemented
at the Edmonton Terminal West Tank Area, the Burnaby Terminal, the Sumas
Terminal, and the Westridge Marine Terminal. The report must demonstrate that the
resources and firefighting systems are capable of suppressing fires associated with
all scenarios identified in the above-mentioned terminals’ final risk assessments
(required by Condition 129).
b) Trans Mountain must file with the NEB for approval,
at least 2 months prior to
beginning the assessment leading to the report in a),
the name and qualifications
of the proposed independent third party that will prepare the report in a).
Offset Measures Plan for residual effects on caribou habitat
Trans Mountain must file with the NEB for approval, in accordance with the timelines
below, an Offset Measures Plan for each affected caribou range, the goal of which is to
offset all unavoidable and residual direct and indirect Project related effects on caribou
habitat, after taking into account the implementation of the measures identified in
the relevant Environmental Protection Plan(s) for the Project and the Caribou Habitat
Restoration Plan (see Condition 37) measures. The Offset Measures Plan must include:
a) A preliminary version, to be filed
at least 3 months prior to applying for leave to
, with the plan’s criteria and measurable goals and that includes:
an initial quantification of the area of caribou habitat directly and indirectly
disturbed by the Project;
ii) a list of the potential on-the-ground offset measures available;
iii) each potential offset measure’s appropriate offset ratio, based on consultation
with expert federal and provincial authorities and on a review of the scientific
literature on conservation offsets;
iv) each potential offset measure’s expected effectiveness including a discussion
of uncertainty and how measures align with criteria specified in the scientific
literature specific to conservation offsets;
v) each potential offset measure’s relative qualitative and quantitative value toward
achieving the offset; and
vi) a conceptual decision-making tree(s) or decision framework(s) that will be used
to select which specific potential offset measures and accompanying offset
ratios will be used under what circumstances.
b) A final version, to be filed
on or before 31 January after the second complete
growing season after completing final clean-up
, including:
the contents of the preliminary Offset Measures Plan, with any updates
identified in a revision log that includes the rationale for any changes;
ii) a tabular list of the potential offset measures and appropriate offset ratios to
be implemented or already underway, including site-specific details and maps
showing the locations, and an explanation of how they meet criteria in the
scientific literature for offsets;
iii) a description of factors considered when determining the location of offset
measures, including consideration of how the measures could maximize benefits
to landscape variables;
iv) a schedule indicating when potential offset measures will be initiated and their
estimated completion dates;
v) either an assessment of the predicted offset measures’ effectiveness including
a discussion of uncertainty and a quantitative compilation showing how the
measures would offset the previously determined residual effects, or a plan for
completing an assessment of the potential offset measures’ effectiveness and
value; and