On the morning of Sunday April 15, 2018, BC Premier John Horgan was summoned by Prime Minister Justin Trudeau to Ottawa, along with Alberta Premier Rachel Notley, to discuss the future of the Kinder Morgan’ Trans Mountain pipeline expansion project in British Columbia.

Following their early morning meeting, Horgan met the press to say that as far as he was concerned, nothing had changed, he would continue to advocate for the coast, and to do everything he can to protect BC’s land and waters, coastal communities and local economies.

He said he was a law abiding citizen, and if it became the decision of the Supreme Court of Canada that the pipeline be built, he would abide by that decision.

The province has joined with another federal challenge, started by others, to make that point. Until then, he would continue representing what he believes to be the interest and concerns of those living in BC.

Following are two opposing opinion pieces, one from the Union of BC Indian Chiefs, and one from the Independent Contractors and Businesses Association. At the end of the article is an update of the permitting processes, valid as of April 13, 2018.

What do you think? 

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Indigenous Leaders, MPs, Mayors to Trudeau: “This pipeline will never be built”

-Union of BC Indian Chiefs

Responding to Prime Minister Justin Trudeau’s announcement yesterday that the federal government is in financial talks with Kinder Morgan to finance the Trans Mountain pipeline and tanker project, Indigenous leaders, Members of Parliament and Mayors reiterated firm opposition to the project.

Grand Chief Stewart Phillip, President of the Union of BC Indian Chiefs, stated, “Trudeau and Notley continue to brazenly and arrogantly ignore First Nations rights, an oversight that will limit any ability to address risk and uncertainty for this ill-conceived project. Making unilateral decisions about projects on unceded Indigenous territories is the exact opposite of reconciliation. We confirm that our opposition is resolute, and we fully intend to stop this massively destructive pipeline from being built.”

Indigenous leaders and allies have pledged to continue taking action in the coming weeks until the tar sands project is permanently cancelled. Over 185 people have been arrested in the past month alone for opposing the pipeline, and thousands of others continue to peacefully express their commitment to defend the land and water from the proposed TMX.

“Kinder Morgan needs the consent of all First Nations along the pipeline route — and they do not have it. Bailing out Kinder Morgan so they can trample Indigenous Title and Rights makes a mockery of the Canadian pledge to respect the rights of Indigenous peoples. Canada has committed to implementing the recommendations of the United Nations Declaration on Indigenous Peoples (UNDRIP) and leaving proper restitution to First Nation peoples this late is unacceptable,” said Chief Bob Chamberlin, Vice-President of the Union of BC Indian Chiefs.

“The Squamish Nation has a responsibility to protect our environment and economy when it comes to increased oil tanker traffic through our territory. Our rights are not being respected by the Canadian government. The Trudeau government is betraying their promises to British Columbians and First Nations,“ stated Khelsilem (Dustin Rivers), Spokesperson and elected Councillor for Squamish Nation.

Will George, Watch House guardian and project leader, said, “The Prime Minister is saying they are in negotiations with Kinder Morgan to ensure an end to uncertainty. What he is ignoring is that we are the uncertainty. We will not be bought and we will block this pipeline.”

140 Nations along Kinder Morgan’s Trans Mountain pipeline route were consulted and only 43 have agreements with Kinder Morgan.

Opposition to Kinder Morgan’s pipeline and tanker project includes the Province of British Columbia, the state of Washington, the cities of Vancouver, Burnaby, and Victoria and 19 other BC municipalities as well as 250,000 petition signers and more than 24,000 who have pledged to do “whatever it takes” to stop Kinder Morgan’s pipeline and tanker project. The BC Supreme Court and Canadian Federal Court of Appeals have yet to rule on First Nation lawsuits that could still quash the project, with verdicts expected late spring.

“I am appalled that our federal government is prepared to take public financial resources to push through an ill-conceived pipeline,” said Elizabeth May, Member of Parliament for Saanich- Gulf Islands. “There is no independent cost-benefit analysis that makes the case that this is in the national interest. In their effort to serve the interests of this Texas pipeline company, the Liberals have broken their election commitments to end fossil fuel subsidies, to respect indigenous rights, to deliver a climate plan and to make decisions based on evidence. Kinder Morgan is an Albatross around Trudeau’s neck. He should cut it loose and keep his promises.”

“The Prime Minister should stop bullying British Columbians and admit his pipeline is failing because Kinder Morgan has not met the National Energy Board requirements,” stated Kennedy Stewart, Member of Parliament for Burnaby South. “The National Energy Board must still approve 1/3 of the final route and the company cannot proceed until it has done so. Kinder Morgan has met less than half of the 157 required National Energy Board conditions and has not filed to be evaluated on 50 of these conditions. Finally, of the 1,187 required provincial permits, the company has not filed paperwork for 600, with 381 under review.”

“Houston-based multinational, Kinder Morgan is demanding the federal government allow it to build on a shareholder-driven schedule, ignoring both existing Canadian laws and indigenous rights to do so,” said Burnaby Mayor Derek Corrigan. “Astonishingly, Prime Minister Trudeau is not just considering their request, he’s looking at investing in the project with taxpayer dollars to mitigate Kinder Morgan’s risk. This is entirely unacceptable.”

Mayor Gregor Robertson, City of Vancouver, “Vancouver stands strongly opposed to the Kinder Morgan pipeline and oil tankers, as we have done for the past six years since it was first proposed. Climate change is accelerating and the Federal government needs to double down on a renewable energy future that provides good paying jobs across the country rather than subsidize fossil fuels and increase Canada’s climate pollution. Vancouver is the fastest growing, greenest, and most diverse economy in Canada and we are well on our way to being a 100 per cent renewably powered city— Kinder Morgan’s pipeline is a huge threat to Vancouver’s environment and economy.”

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Horgan Plunges Canada into Crisis of Confidence: ICBA

–Jordan Bateman, Independent Contractors and Businesses Association 
Premier John Horgan’s “double-down” today on his flawed, obstructionist, unfair attack on the duly-approved Trans Mountain pipeline expansion project is shaking investor confidence and showing the BC NDP Government has no interest in doing what’s right for Canada.

“B.C. has created a crisis of confidence and the implication is that Canada cannot get major projects approved and built,” said ICBA President Chris Gardner. “It is abundantly clear that the responsibility for this crisis we are facing today rests squarely at the feet of Premier John Horgan – he went to Ottawa and ‘doubled down’ on his obstructionist approach to the pipeline, rather than offer solutions to resolve the impasse.”

ICBA commended the federal government for convening today’s meeting between Prime Minister Justin Trudeau, Alberta Premier Rachel Notley and Premier Horgan in Ottawa, and is pleased that the Federal Government will assert it authority over this project to increase the chances of the project being built.

However, Premier Horgan’s comments that his government has every right to undo a project approval granted under a previous administration sets a very dangerous precedent that will further erode the confidence of investors seeking stability and certainty when looking to invest in BC.

“Prime Minister Trudeau’s statement today that Premier Horgan’s attempt to block the pipeline is the direct cause of this impasse is a stunning indictment on the actions of Premier Horgan,” said Gardner. “Premier Horgan is effectively ripping up a contract which Kinder Morgan negotiated in good faith with the federal and provincial governments of the day – that’s not how we must do business in Canada. It’s not right, it’s not fair, and it’s not legal.”

Kinder Morgan is prepared to invest $7.4 billion in our economy but Premier Horgan’s actions have forced the federal government to act in a way that means taxpayers could assume risk that a private sector investor was willing to undertake. “Canada is now basically saying that only governments can build major projects – and BC is saying we’re not interested in having private companies invest in our economy,” said Gardner. “This has profound implications beyond BC now – investor confidence Canada is also being seriously undermined.”

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Update on Trans Mountain expansion project permitting process (as of April 13)

In total, 1,187 provincial permits are required for the Trans Mountain expansion project, with many involving First Nations consultation.

To date:

• 587 permit applications have been submitted to permitting agencies.
• Of these, 201 have been approved and permits issued.
• The remaining 386 are being reviewed.
• Approximately another 600 permits have yet to be submitted by Kinder Morgan Canada Ltd.

All permits submitted must align with the 37 conditions outlined in the provincial environmental certificate, as well as the 157 conditions detailed in the National Energy Board’s approval.

Multiple organizations are involved, including:

• Ministry of Forests, Lands, Natural Resource Operations and Rural Development
• Ministry of Environment and Climate Change Strategy (including BC Parks)
• Ministry of Transportation and Infrastructure
• Agricultural Land Commission
• BC Oil and Gas Commission

The Ministry of Energy, Mines and Petroleum Resources has a dedicated project office supporting these ministries and their permitting requirements.

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