Question Period Note: Trans Mountain Expansion (TMX) Project

Fisheries and Oceans Canada’s participation in the implementation of the regulatory phase of the Trans Mountain Expansion (TMX) 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 seven Fisheries Act authorizations for pipeline installations in watercourses in British Columbia and Alberta and an authorization for the construction of 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.

• 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.
• To continue implementation of the Salish Sea Initiative, Terrestrial Cumulative Effects Initiative and Aquatic Habitat Restoration Fund, $70.1 million has been re-profiled in Supplementary Estimates B for 2022-23. This funding will support capacity building and project implementation for these Indigenous accommodation programs.
• In Budget 2022, Natural Resources Canada received $27.9 million over two years to support the TMX and Line 3 Indigenous Advisory and Monitoring Committees.
• On February 18, 2022, Trans Mountain Corporation announced that the in-service date of the project is anticipated to occur in the third quarter of 2023.
• 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.
• [Information was severed in accordance with the Access to Information Act.]
• DFO manages three accommodation measures, the Salish Sea Initiative , Aquatic Habitat Restoration Fund and Terrestrial Cumulative Effects Initiative (co-managed with Environment and Climate Change Canada and Natural Resources Canada). These programs are currently funded to March 2024. CCG manages the Co-Developing Community Response Initiative.
• 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 National Energy Board (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 Board 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 Indigenous Advisory and Monitoring Committee was established in 2017, when the project was first approved, to provide advice to federal regulators and monitor project construction and operations. The Advisory Committee includes 13 Indigenous members from the 129 communities impacted by the project (Indigenous Caucus) and six federal representatives. Federal participants include: DFO, the Canadian Coast Guard, Natural Resources, Environment and Climate Change, Transport Canada and the Canada Energy Regulator.
• 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.

Regulatory Monitoring
• The protection of aquatic ecosystems is a priority for Fisheries and Oceans Canada and we work closely with Trans Mountain Corporation on regulatory matters in relation to Fisheries Act authorizations.

• We are committed to monitor construction activities at the Westridge Marine Terminal and watercourse crossings authorized under the Fisheries Act.

• Fisheries and Oceans Canada works collaboratively with Indigenous monitors and the Indigenous Advisory and Monitoring Committee to ensure fish and fish habitat are protected.