Question Period Note: Trans Mountain Expansion Project

Trans Mountain Expansion Project

Through application of the Fisheries Act and the Species at Risk Act, we are working with Trans Mountain Corporation, the Canada Energy Regulator, Indigenous groups, and other partners to ensure that fish, marine mammals and their habitats are protected.

Fisheries and Oceans Canada has issued five Fisheries Act authorizations for watercourse crossings and an authorization for the Westridge Marine Terminal.

We continue to engage with Indigenous groups to advance accommodation measures that focus on building capacity and long-term relationships, spill prevention, response capacity and cumulative effects to fish and fish habitat.

Southern Resident Killer Whale
Our government is committed to the protection of Canada’s resident killer whales and to the recovery of these populations.

The Government has advanced initiatives to address the three key threats to the Southern Resident Killer Whale through some elements of three separate investments: the $1.59 billion Oceans Protection Plan, the $167.4 million Whales Initiative, and the $61.5 million in additional measures specific to the Southern Resident Killer Whale population.

We are addressing the recommendations of the Canada Energy Regulator, including implementing multiple initiatives intended to offset the impacts of project-related shipping to the Southern Resident Killer Whale.

• The Trans Mountain Expansion Project (TMX) would expand the existing Trans Mountain pipeline system between Edmonton, Alberta, and Burnaby, British Columbia. It includes approximately 987 km of new pipeline, new and modified facilities, such as pump stations and tanks, and the reactivation of 193 km of existing pipeline. The project includes an expansion of the Westridge Marine Terminal to accommodate 34 tankers per month, up from the 5 that are currently loaded at the existing terminal.
• In 2019, the Government of Canada approved TMX for a second time following the initial approval being overturned by the Federal Court of Appeal in 2018. Subsequent applications for leave to appeal were dismissed by the Supreme Court of Canada in March 2020.
• Fisheries and Oceans Canada (DFO) has regulatory responsibilities under the Fisheries Act and Species at Risk Act for the protection of fish and fish habitat, including marine mammals. In collaboration with the proponent and Canada Energy Regulator (CER), we are delivering regulatory review services for pipeline watercourse crossings. This will continue throughout the construction of the project.
• Fish mortality events occurred on November 28 and December 11, 2019, resulting in the death of approximately 16 Pacific herring in the first event and approximately 200-300 Pacific herring during the second event. These fish likely died from exposure to elevated sound pressure levels during impact pile driving at the Westridge Marine Terminal. The proponent has maintained that they were in compliance with the conditions of the authorization. These events were investigated by DFO’s Conservation and Protection Branch and no action was taken.
• DFO issued a Fisheries Act authorization for the expansion of the Westridge Marine Terminal on September 12, 2019. On January 20, 2020, DFO issued an amended Fisheries Act authorization for a minor change of work that would not further impact fish and fish habitat.
• In the Order in Council approving the project, the Government committed to implement a series of Indigenous accommodation measures and responses to recommendations from the CER to address the effects of marine shipping. These measures are funded for either three or five years with funding for some measures sunsetting in March 2022.
• DFO manages three accommodation measures, the Salish Sea Initiative , Aquatic Habitat Restoration Fund and Terrestrial Cumulative Effects Initiative (co-managed with ECCC and NRCan). These programs are currently funded to March 2024. CCG manages the Co-Developing Community Response which is currently funded to March 2022.
• In its review of the project, the CER found that there would be significant adverse effects related to increases in marine shipping assessed under the National Energy Board Act with respect to the Southern Resident killer whale (SRKW), Indigenous cultural use associated with the SRKW, and direct greenhouse gas emissions from marine vessels.
• The CER made 16 recommendations to the GiC to avoid, mitigate or lessen effects of project-related marine shipping; the Board made these Recommendations to the GIC citing that the CER does not have regulatory authority over marine shipping and the proponent does not have control of the vessels calling at the Westridge Marine Terminal.
• In Recommendation 5, the Board recommends that an Offset Program be implemented to offset the additional underwater noise and strike risk created by project-related marine vessels. The Board concludes that the offset approach could bring the significant adverse effects finding on SRKW to a finding of non-significant if and when project-related shipping effects have been effectively reduced to net-zero in each section of the shipping route.
• To meet this recommendation, an underwater noise baseline along the marine shipping route has been developed using data collected from hydrophone monitoring stations. A Noise Model for the Salish Sea out to Swiftsure Bank and La Perouse Bank has been developed and tested to allow for the modelling of management scenarios to assess the effectiveness of measures against an offset target.
• On August 30, 2018, the Federal Court of Appeal quashed the GiC decision to approve the TMX project. The Court found that Canada failed to fulfil the legal duty to consult Indigenous peoples but also that the NEB unjustifiably excluded project-related marine shipping in its review under the Canadian Environmental Assessment Act, 2012.
• On May 29, 2018, the Government of Canada announced that it would buy the Trans Mountain pipeline and infrastructure related to the expansion project for $4.5 billion. The sale did not change the role of DFO in relation to the project.
• The CER is responsible for reviewing proposed works, undertakings and activities at TMX watercourse crossings pursuant to a Memorandum of Understanding between DFO and the CER on the cooperation and administration of the Fisheries Act and the Species at Risk Act. Under the terms of our Memorandum of Understanding, DFO remains responsible for issuing any authorizations under the Fisheries Act.

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