The federal government has instructed the National Energy Board (NEB) to reconsider its recommendation for the Trans Mountain pipeline expansion. Courtesy of Trans Mountain Expansion Project

The Liberal government has outlined part of its plans to address the issues brought up by the Federal Court of Appeal in its recent decision to quash the approval of the Trans Mountain pipeline expansion.

Natural resources minister Amarjeet Sohi announced at a Nova Scotia press conference that the government has instructed the National Energy Board (NEB) to reconsider its recommendation for the pipeline expansion, this time taking into account the effects that increased marine shipping would have on the environment and at-risk wildlife such as the Southern Resident Killer Whale.

In her Aug. 30 decision for the three-judge court, Justice Eleanor Dawson wrote that the board had made a “critical error” in not considering project-related tanker traffic in its review, and therefore it could not be relied upon when making a final decision.

Sohi also said the government will be implementing the Oceans Protection Plan — a $1.5-billion investment in protecting Canada’s oceans and coastlines. On Twitter, Sohi also mentioned that the government will be appointing a special marine technical advisor to the NEB. The board will have 22 weeks to reconsider its recommendation before returning with its decision.

Sohi did not say when the NEB review will begin.

“We are confident that with this plan, [it] will allow us to meet the high standards that Canadians expect when it comes to protecting the environment,” Sohi said at the press conference.


Related: While Indigenous and environmental groups welcome federal court ruling on Trans Mountain, industry group criticizes Canada’s regulatory system


Sohi pointed to the former Conservative government as being responsible for the failures of the environmental review process.

“This review process was created by the Harper Conservatives and that process failed before we entered government,” Sohi said. “We inherited a flawed environmental review process from the previous conservative government and made efforts to improve it, something the court acknowledged in its ruling.”

Conservative natural resources critic Shannon Stubbs instead pointed to the pipeline’s stalled progress as an example of the Liberal government’s inability to push the project forward.

“They've failed every time they've said this project was going to go ahead, and they've failed on every timeline they've announced, and they've failed on every measure,” Stubbs said at a press conference on Parliament Hill. “Canadians are right to question whether or not the Liberals are actually committed to getting the trans mountain expansion built.”

Stubbs also said the Conservatives will announce a plan related to Trans Mountain and other energy projects “soon.”

Justice Dawson also took issue with the lack of adequate consultation with First Nations groups, writing that the process was limited to “listening and recording” the concerns of applicants rather than engaging in back-and-forth negotiation. On his Twitter, Sohi stated that the government’s plans regarding consultation will be decided promptly.

I want to be very clear that no relationship is more important to the [Government of Canada and] to Canada than the one with Indigenous peoples,” Sohi stated. “We committed to finding the best path forward with respect to the court’s ruling, and will set out our next steps on this shortly.

“We truly believe the Trans Mountain Pipeline Expansion project is an investment in Canada’s future,” Sohi continued. “It must move forward in the right way.”