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Kinder Morgan has filed routing plans with the National Energy Board for the Kinder Morgan pipeline

National Energy Board allows only days to officially oppose the plans and Board limits who can formally oppose

If you are located within or near to the proposed route for Kinder Morgan’s Trans Mountain pipeline you may be able to officially oppose the proposed route with the National Energy Board (NEB), but you must act quickly to do so. In order to formally oppose the route, according to the National Energy Board legislation, you must fall into one of the following categories:

1. An owner of lands over which the proposed route passes;

OR

2. A person with an interest in lands that may be adversely affected by the proposed route (e.g. the lands in which you have an interest are adjacent to or close to the proposed route and may be negatively affected by the route).

If you fall within one of the above two categories, you may officially oppose the proposed route, timing or construction methods proposed by Kinder Morgan’s Plan, Profile and Book of Reference (PPBoR) filed with the National Energy Board (NEB) by submitting a written statement to the NEB, but you must act quickly (The proposed Burnaby route filed is here).

Response timelines are fixed in the NEB Act, so it is important to file statements with the Board and Trans Mountain within the limited timeframe noted by the Board (for a person whose lands are crossed by the pipeline – 30 days from the date they receive notice of the detailed route; for a person who thinks their lands may be adversely affected by the detailed route of the pipeline – 30 days from the last day the advertisements appeared in a local newspaper). For the schedule of publication of notices in newspapers along the route, click here.

Kinder Morgan’s publication of Burnaby notices is currently scheduled for March 17 and 22. 

How can I learn about the company's application for the detailed route?

The Plan, Profile and Book of Reference documents are available to the public on the National Energy Board website
The company must publish a notice in local newspapers and give written notice to all landowners who have an interest in the lands along the pipeline route. The newspaper notice usually includes a map and a list of the lands crossed by the pipeline. It will explain how objections to the detailed route can be filed with the Board. Here’s a sample public notice from the NEB website.

Note that while the term "landowner" is commonly used in this process, the process is not limited to landowners but is open to anyone with an interest in lands that may be adversely affected by the pipeline route, including those with interests in lands adjacent or proximate to the pipeline route. Such interests may include renting, grazing animals, use of natural resources and any other interest that may be impacted by the project.

Landowners who have an interest in the lands which will be crossed by the pipeline route will be provided with a notice in person. This notice will show where the detailed route proposes to cross the landowner's property and will provide information on how the landowner can oppose the proposed route. Once the company files the PPBoRs with the NEB, these documents are available to the public.

Who can officially oppose the detailed route of a pipeline? 

You can officially oppose the proposed detailed route if you are a landowner who has been served with a notice about the detailed route of the pipeline. You can also formally oppose if you are a person who anticipates that your lands may be adversely affected by the proposed detailed route of the pipeline.

If you fall into one of the two categories above, you can officially oppose the proposed detailed route of the pipeline and the methods and timing of the construction of the pipeline.

The detailed route approval process takes into consideration issues related to the exact location, and methods and timing of construction of the pipeline.

It does not reconsider the NEB 's original decision for the project. 
As the section 52 Certificate for the project has been issued, the NEB says that concerns related to the project itself and not the route should be directed to Trans Mountain. 

What is meant by "methods and timing of construction"?

Methods of construction describes such things as how the company plans to clear the pipeline right-of-way, remove and store the top soil, install the pipeline, and reclaim the lands. Timing of construction could refer to the time of year when the company plans to build the pipeline, and/or the length of time the construction is expected to last.

How do I oppose the detailed route and how much time do I have to file my opposition?

If you want to oppose the detailed route you must send a letter to the NEB and to Trans Mountain. The statement of opposition must state:

  • your interest in the lands that will be crossed by the proposed route, or in other lands that you believe will be adversely affected; and
  • your reasons for opposing the proposed detailed route; the route location, the methods of construction, or the timing of construction of the pipeline.

The NEB Act sets out how much time you have to send your written objection. A person whose lands are crossed by the pipeline has 30 days from the date they receive notice of the detailed route. A person who thinks their lands may be adversely affected by the detailed route of the pipeline has 30 days from the last day the advertisements appeared in a local newspaper. Trans Mountain has indicated that the Burnaby notices will appear in the Burnaby Now community paper on March 17 and 22.
  
These timelines are fixed in the NEB Act so it is important for landowners to file their statements with the Board and Trans Mountain before the applicable 30-day period expires. Addresses will be on the notices.

Does the NEB provide templates I can follow? 

Yes, templates can be found on the NEB's website by going to "Land Matters" and then "Templates for Public Participation." 

What happens after I send my opposition to the detailed route?

The NEB must conduct a detailed route hearing if, within the applicable 30-day period, persons whose lands are crossed by the pipeline or others whose lands may be affected raise legitimate objections about the specific details of the pipeline route or about the methods or timing of the construction.

If an objection is withdrawn, the NEB does not have to hold a detailed route hearing. The NEB can also reject any objections that deal with issues outside of its jurisdiction (such as compensation), or that are found to be frivolous, or not made in good faith.

For more information about compensation, see Chapter 7: Compensation for Land Use.

Can I participate in someone else's detailed route hearing?

In addition to landowners on the route and anyone with an interest in the lands on the route or whose lands may be affected by the project, anyone with a legitimate interest may apply to the NEB to participate in the detailed route hearing. You must follow the requirements for filing an intervention as described in the National Energy Board Rules of Practice and Procedure, 1995. The NEB will decide whether you will to be allowed to participate as an intervenor.

See Chapter 5: Detailed Route Hearings.
  https://www.neb-one.gc.ca/prtcptn/lndwnrgd/lndwnrgdch4-eng.html 

Detailed route filing schedule 

Here is the "proposed segmented PPBoR filing schedule (attached as Appendix A) and the associated proposed section 34(1)(b) notice publication dates (attached as Appendix B)."

https://apps.neb-one.gc.ca/REGDOCS/File/Download/3185818 

What is the City of Burnaby doing in response to Kinder Morgan’s routing proposals? 

The City of Burnaby is currently waiting to be served Notices from Kinder Morgan for its use of portions of City lands to construct the pipeline. When it receives these Notices, the City will review the information they contain and prepare and submit formal statements of opposition to the NEB.

Can the City of Burnaby help me?

If you require assistance or additional information, please contact us:

Email TMEPInquiry@burnaby.ca
Phone 604-297-4400
Fax 604-294-7425
Mail

Burnaby Engineering Department
(Proposed Kinder Morgan TMEP)
4949 Canada Way
Burnaby, BC V5G 1M2

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