Environmental Assessment of Proposed Canadian Pipelines

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1 Environmental Assessment of Proposed Canadian Pipelines March 18, 2015 Stephen Hazell Director of Conservation and General Counsel

2 Overview Government of Canada is concerned about U.S. delays in assessing environmental effects and approving-- Keystone XL Canada has at least four major pipelines ($5 billion+) in the construction pipeline How have law and policies changed? What challenges are they facing? Will any of these four ever be built?

3 The Four Pipelines Mackenzie Gas (Joint Panel Review, NEB) Enbridge Northern Gateway (Joint Panel Review with NEB) TransMountain Expansion (NEB) Energy East (NEB)

4 Pipeline Assessment and Regulation in Canada National Energy Board (NEB) regulates interprovincial, international pipelines Since CEAA 2012, NEB has had authority to assess environmental effects of these pipelines NEB advises Cabinet on approval or not Cabinet may direct NEB to issue approval for pipeline or not

5 Political Trends since 2006 Canada to be an energy superpower Government as pipeline advocate Production of oil sands oil doubled Oil sands fastest-growing source of GHG emissions Minimal efforts by federal government to reduce GHG emissions Political attacks on environmentalists These groups threaten to hijack our regulatory system to achieve their radical ideological agenda

6 Legal Trends since 2006 CEAA 2012 Legal requirements to do most EAs eliminated (pipelines are exception) Number of EAs dramatically reduced Scope narrowed to federal issues Climate impacts no longer assessed Only interested parties as full participants in panel reviews Prescribed timeframes set

7 Mackenzie Gas Project Largest industrial development ever in Canada s North - Expected cost: $15 billion 1300 km natural gas pipeline from Beaufort Sea to northwest Alberta (54 million m³/day) Three production fields in Mackenzie Delta Project led by Imperial Oil, with equity partners Exxon Mobil, Shell Canada, Conoco-Phillips Issues: basin-opening project for North, supplying natural gas to oil sands, global climate change effects,

8 Mackenzie Gas Project Pipeline Route

9 Mackenzie Gas Project Environmental Impact Statement: August 2004 Two sets of overlapping hearings: Joint Review Panel and National Energy Board NEB approval October 2010 (expires Oct 2016) Cabinet approval March 2011 Project not proceeding (Mackenzie gas too expensive) saving proponents billions EA helped proponents get to that decision

10 Enbridge Gateway Pipeline Two parallel 1,177 km pipelines between Alberta and Kitimat marine terminal (oil sands oil/natural gas liquids) Cost C$5.5 billion Marine terminal two platforms (Very Large Crude Carriers, Suezmax NGL tankers Project includes tanker shipping within Douglas Channel, but not Hecate Strait, Pacific Ocean

11 Enbridge Northern Gateway Pipeline

12 Enbridge Northern Gateway Pipeline Enbridge offered aboriginal groups within 80 kilometers a 10% equity stake No First Nation with land directly traversed has signed on; most oppose project Joint Panel Review hearings Project approved by NEB and Cabinet in 2014 but is unlikely to proceed

13 Enbridge Northern Gateway Pipeline Why? Duty of Crown with respect to consulting with First Nations not met (arguably) Aboriginal right to be consulted and accommodated likely not met (Haida Nation case, 2004) Aborginal title not respected (Tsilhqot in case, 2014) Opposition by BC government, substantial proportion of British Columbians

14 Trans Mountain Expansion Proposed expansion by Kinder Morgan of existing pipeline system from Edmonton to Vancouver 987 km new pipe,193 km reactivated pipe Marine terminal expanded to allow one tankers per day (now one per week) NEB conducting environmental assessment/regulatory hearings (perhaps by August 2015)

15 Trans Mountain Expansion

16 Trans Mountain Expansion Substantial public opposition, including key muncipalities such as Burnaby, based on risks of pipeline and tanker spill, impacts on birds, whales, growth in oil sands GHG emissions Credibility of process in question as NEB has decided not to allow questioning of proponent witnesses Legal challenges likely Project success? Flip a coin

17 Energy East Partial conversion of gas pipeline (3000 km) to oil pipeline plus 1600 km of new pipeline from Alberta to Québec, New Brunswick Marine terminals proposed for Cacouna Quebec (rumoured to be abandoned) and Saint John on Bay of Fundy Trans Canada filed project application October 2014

18

19 Energy East Issues are risks of pipeline and tanker spills in St. Lawrence River, Gulf of St. Lawrence, Bay of Fundy, impacts on birds, whales, as well as GHG emissions from oil sands development Already huge public opposition in Quebec Ontario holding hearings of Ontario Energy Board even though province has no legal authority Project success? Unlikely

20 Conclusions No construction of major pipeline since 2006 and none for at least 3 years (Trans Mountain has best chance) Why? Pipeline projects are huge, affect numerous jurisdictions Canada has no serious policy/laws on GHG emissions and climate change Supreme Court decisions on aboriginal title, consultation rights Importance of social licence largely ignored

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