Trans Mountain Corp.'s oil pipeline expansion project has run into another obstacle: The British Columbia Court of Appeal has ordered the provincial government to reconsider the project's environmental assessment certificate.
The two Sept. 17 rulings come in response to challenges from both the Squamish Nation and the city of Vancouver. Among other concerns, the plaintiffs had argued that province's certificate was based on an original project environmental assessment report from the Canadian federal government, which has since been nixed by the Federal Court of Appeal.
After the decision of the federal court, Canada Energy Regulator amended parts of its original report to include changes to six of the 157 original conditions and 16 additional non-binding recommendations, among other things. Because of these changes to the original report, the province's approval should be reconsidered to account for the new elements, the British Columbia Court of Appeal ruled.
"I would not quash the environmental assessment certificate but would allow the appeal to the limited extent of remitting the conditions in the environmental assessment certificate ... to the ministers for reconsideration and consequent adjustment in light of the changes to the original report of the National Energy Board as set out in its reconsideration report," Justice Mary Saunders wrote in the court's decision.
