NEB to hold hearing to address Trans Mountain constitutional questions

Trans Mountain filed a request with the NEB on 26 October [Filing A87282] saying it had been unable to secure municipal permits that would allow the company to begin construction work at the Burnaby and Westridge Marine terminals, and to use a temporary worksite.

Subsequent correspondence, including the response to the motion from the City of Burnaby, can be found on the NEB’s website.

In the letter issued on 6 November [Filing A87592], the NEB outlined a process to address these concerns. The attorneys general of Canada and the provinces have until 8 November to declare their intent to make submissions, and then have until 24 November to file written submissions regarding the constitutional questions. To date, the provinces of Alberta (British Columbia) and Saskatchewan have indicated that they will participate.

The Chair of the NEB has assigned a three member panel to consider this matter.

In addition to written submissions, the Board will hear cross-examination on affidavits on 29 November and oral summary argument from Trans Mountain, Burnaby, and the participating attorneys general in its Calgary hearing room on 4 December.