NEB Releases Hearing Order For Trans Mountain Reconsideration

Calgary/Fraser Valley – On October 12, the National Energy Board (NEB) issued a Hearing Order for Reconsideration of aspects of its Recommendation Report for the Trans Mountain Expansion Project. This order is a result of the Governor in Council’s (GIC) referral of specific aspects of the NEB’s Report for the Project back to the Board for reconsideration following a Federal Court of Appeal decision that quashed the GIC’s approval of the Project.

The NEB will hold a public hearing for this Reconsideration and during the hearing the Board will receive written evidence and other filings from Intervenors, which will be available in the Board’s online public registry. The hearing may also include oral portions and the Board will use various ways to gather and test evidence and will review and consider all of the evidence on the record in completing its Reconsideration Report. They will rely only on the evidence on the record and this includes relevant evidence previously submitted as part of the Application Hearing for the Project and any new relevant evidence filed.

The NEB has yet to announced the location of upcoming presentations although FVN has been told by an NEB spokesperson that they will probably be held in Calgary.

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The upcoming timelines are :

October 23, 2018

  • Indigenous intervenors notify the Board of their intent to provide new or supplemental oral traditional evidence

October 31, 2018

  • Trans Mountain files opening statement and direct evidence
  • Federal Departments and Agencies file opening statements, direct evidence, and information requested by the Board under paragraph 20(a) of the CEAA 2012

November 20, 2018

  • Intervenors (other than Federal Departments and Agencies) file opening statement and direct evidence
  • Members of the public file letters of comment

November 26, 2018

  • Trans Mountain files reply evidence

December 3, 2018

  • All Parties file information requests regarding other Parties’ evidence

Late-November or early-December

  • Oral hearing session: to collect, and allow questioning of, oral Indigenous traditional evidence

December 13, 2018

  • All Parties respond to information requests asked of them

December 17, 2018

  • Motion Day – As considered necessary, Parties file notices of motion on the adequacy of other Parties’ responses to their own information requests (“motions to compel”)

January 9, 2019

  • All Parties file affidavits adopting their written evidence
  • Trans Mountain and Federal Departments and Agencies file written argument-in-chief, including comments on draft conditions (which the Board will release for comment)

January 14, 2019

  • Intervenors (other than Federal Departments and Agencies) file written argument-in-chief, including comments on draft conditions and any reply argument to Trans Mountain and Federal Departments and Agencies.

Mid-January

  • Optional oral hearing session: to hear all Parties’ oral summary argument and/or reply argument

To access valuable information about the Reconsideration hearing please visit the NEB’s dedicated Reconsideration webpage.

The Board must complete the Reconsideration hearing and submit its Reconsideration Report to the GIC no later than February 22, 2019.

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