Line 3 Replacement Program (Canada)

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NEB Condition Responses - 21 & 29 and 22 & 30

On November 29, 2016 the Government of Canada approved the Line 3 Replacement Program (L3RP) under Order in Council. Following the approval, the National Energy Board (NEB) issued the Certificate and Orders authorizing Enbridge to construct and operate the new pipeline, associated facilities and decommission the existing pipeline. The approval was subject to a total of 89 conditions- legal requirements that, in addition to the legislative requirements and regulatory regime - provide the NEB with additional and ongoing oversight of the L3RP.

  • Operational Consultation Plan for Aboriginal Groups
  • Operational Consultation Plan for Landowners

Indigenous Operational Consultation Plan

The Indigenous Operational Consultation Plan (“Plan”) has been prepared to satisfy Condition 29 of the Certificate as well as Condition 21 of the Section 58 Order, which both require Enbridge to develop a plan for Indigenous operational consultation on L3RP. The language contained in Condition 29 and Condition 21 are essentially identical. For ease of reference, Condition 29 of the Certificate and Condition 21 read as follows:

Operational Consultation Plan for Aboriginal Groups

Enbridge shall file with the Board for approval, and serve a copy on all potentially affected Aboriginal groups, at least 60 days prior to commencing operations, a plan for consultation with Aboriginal groups during the operational phase of the Section 52 Pipeline and related Facilities [or Section 58 Facilities, as applicable]. The plan shall include:

  1. a summary of how Aboriginal groups were consulted on the development of the plan, including:
    1. a list of the Aboriginal groups consulted;
    2. a description of the design of and activities undertaken during the consultation;
    3. a summary of the results of the consultation in terms of input received from Aboriginal groups; and
    4. a description of how input received from Aboriginal groups has informed the design of the plan;
  2. a discussion of how implementation of the plan will be coordinated with regulatory requirements that may involve consultation with Aboriginal groups, such as the communication of information relating to safety, security and protection of the environment pursuant to paragraph 6.5(1)(m) of the National Energy Board Onshore Pipeline Regulations;
  3. a description of:
    1. the consultation methods and tools to be used to implement the plan;
    2. how information gathered through the implementation of the plan will be used by Enbridge; and
    3. how information gathered through the implementation of the plan will be provided to participating Aboriginal groups; and
  4. a description of how the plan will be regularly evaluated and adapted as appropriate.

To summarize, Enbridge is required to develop and execute a plan for consultation with Indigenous groups during the operational phase of the pipeline and related facilities and that plan must be filed with the NEB for their approval. Further, this plan must be developed in consultation with Indigenous groups and Enbridge must demonstrate to the NEB how the input from the Indigenous groups was included in the plan. After a series of engagement sessions with Indigenous leaders and community representatives, a plan was filed with the NEB. A link to the plan is provided below:

View the Indigenous Operational Consultation Plan.


Landowner Operational Consultation Plan

The Landowner Operational Consultation Plan (“Plan”) has been prepared to satisfy Condition 30 of the Certificate as well as Condition 22 of the Section 58 Order, which both require Enbridge to develop a plan for Landowner operational consultation on the L3RP. The language contained in Condition 30 and Condition 22 are essentially identical. For ease of reference, Condition 30 of the Certificate and Condition 22 read as follows:

Enbridge shall file with the Board for approval, and provide notice to all landowners and a copy upon request, at least 60 days prior to commencing operations, a plan for consultation with landowners during the operational phase of the Section 52 Pipeline and related Facilities [or Section 58 Facilities, as applicable]. The plan shall include:

  1. a summary of how landowners were consulted on the development of the plan, including:
    1. a description of the design of and activities undertaken during the consultation;
    2. a summary of the results of the consultation in terms of input received from landowners; and
    3. a description of how input received from landowners has informed the design of the plan;
  2. a discussion of how implementation of the plan will be coordinated with regulatory requirements that may involve consultation with landowners, such as the communication of information relating to safety, security and protection of the environment pursuant to paragraph 6.5(1)(m) of the National Energy Board Onshore Pipeline Regulations;
  3. a description of:
    1. the consultation methods and tools to be used to implement the plan;
    2. how information gathered through the implementation of the plan will be used by Enbridge; and
    3. how information gathered through the implementation of the plan will be provided to participating landowners; and
  4. a description of how the plan will be regularly evaluated and adapted as appropriate.

To summarize the key points of the Conditions, Enbridge is required to develop and execute a plan for consultation with Landowners during the operational phase of the pipeline and related facilities (Plan) and the Plan must be approved by the NEB. Further, the Plan must be developed in consultation with Landowners and Enbridge must demonstrate to the NEB how the input received from Landowners was included in the Plan. Recently, a plan was filed with the NEB. The link to the plan is provided below:

View the Landowner Operational Consultation Plan.