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Minister's Response

Date: May 27, 2020

Project

Foothills Pipe Lines (South B.C.) Ltd.Ltd. (Foothills) and NOVA Gas Transmission Ltd.Ltd. (NGTL), wholly owned subsidiaries of TransCanada PipeLines Limited, which is an affiliate of TC Energy Corporation (the proponent) are proposing to construct and operate the West Path Delivery 2022 and 2023 Projects (the Projects) in southwest Alberta and southeast British Columbia. These Projects are on provincial crown and freehold lands, consist of alterations to two meter stations and construction of seven spatially disconnected natural gas pipeline segments, totaling approximately 108 kilometres of pipeline with approximately 16.2 kilometres of pipeline on new right-of-way. The four Projects proposed are:

  • NGTL 2022;
  • Foothills 2022
  • NGTL 2023; and
  • Foothills 2023.

Decision

Non-designated project.

Reasons

The Minister of Environment and Climate Change considered the potential for the Projects to cause adverse effects within federal jurisdiction, adverse direct or incidental effects, public concern related to these effects, as well as potential adverse impacts on the Indigenous and treaty rights of the Indigenous peoples of Canada. The Minister considered the analysis of the Impact Assessment Agency of Canada. The four Projects do not include physical activities designated under the Physical Activities Regulations. The Stoney Tribal Council, representing three Stoney Nakoda Nations (the Chiniki First Nation, Bearspaw First Nation and Wesley First Nation), and O'Chiese First Nation requested that the Minister designate the four Projects as one single designated project under section 9 of the Impact Assessment Act.

The Minister reached the decision that designation of the Projects is unwarranted for the following reasons:

  • The comprehensive federal and provincial regulatory review processes that currently apply to the Projects and related consultations with Indigenous peoples provides a robust framework to adequately address the potential adverse effects within federal jurisdiction, adverse direct or incidental effects, public concerns related to those effects and adverse impacts on Indigenous and treaty rights.
  • Potential adverse effects, including any related public concerns, and potential adverse impacts on Indigenous and treaty rights are expected to be appropriately managed through:
    • the Canadian Energy Regulator Act;
    • authorization under the Fisheries Act, as required;
    • a Land Tenure Agreement under the Federal Real Property and Immovables Act; and
    • other relevant federal legislation including the Canadian Environmental Protection Act, the Species at Risk Act, the Migratory Birds Convention Act and section 82 of the Impact Assessment Act.
  • These regulatory processes allow for the implementation of enforceable conditions and mitigation measures with respect to potential adverse effects within federal jurisdiction and adverse or incidental effects, as well as adverse impacts on Indigenous and treaty rights.
  • These processes also provide adequate opportunity to consult on the four Projects with respect to these potential effects and potential impacts on Indigenous and treaty rights.
  • The Canada Energy Regulator considers whether or not to evaluate multiple applications in aggregate.

 

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