NEB sets process to address Trans Mountain Expansion constitutional question

The National Energy Board (NEB) will hold a two-day oral hearing to address a motion filed by Trans Mountain Pipeline ULC which includes constitutional questions.

Trans Mountain filed a request with the NEB on October 26 [Filing A87282] saying it had been unable to secure municipal permits that would allow the company to begin construction work at the Burnaby and Westridge Marine terminals, and to use a temporary work site.

Subsequent correspondence, including the response to the motion from the City of Burnaby, can be found on the NEB’s website.

In the letter issued on November 6 [Filing A87592], the NEB outlined a process to address these concerns. The attorneys general of Canada and the provinces have until November 8 to declare their intent to make submissions, and then have until Nov. 24 to file written submissions regarding the constitutional questions. To date, the provinces of Alberta, British Columbia and Saskatchewan have indicated that they will participate.

The Chair of the NE B has assigned a three-member Panel to consider this matter.

In addition to written submissions, the Board will hear cross-examination on affidavit son November 29 and oral summary argument from Trans Mountain, Burnaby, and the participating attorneys general in its Calgary hearing room on December 4.