ARCHIVED — Vol. 148, No. 16 — April 19, 2014

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ORDERS IN COUNCIL

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Interim Order Modifying the Operation of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations

P.C. 2014-429 April 10, 2014

His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to subsection 163(1) of the Canadian Environmental Protection Act, 1999 (see footnote a), approves the Interim Order Modifying the Operation of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations, made by the Minister of the Environment on March 31, 2014.

EXPLANATORY NOTE

(This note is not part of the Order.)

This Order approves the Interim Order Modifying the Operation of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations made by the Minister of the Environment on March 31, 2014. Without this approval, the Interim Order Modifying the Operation of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations would, in accordance with subsection 163(3) of the Canadian Environmental Protection Act, 1999, cease to have effect 14 days after it was made. As a result of this approval, the Interim Order Modifying the Operation of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations will, in accordance with subsection 163(5) of the Canadian Environmental Protection Act, 1999, cease to have effect on the day it is repealed, the day on which regulations having the same effect come into force or one year after the Order is made, whichever is earlier. In December 2012, the Department of the Environment published for consultation a set of proposed amendments to the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations, which included amendments that will have the same effect as the Interim Order Modifying the Operation of the Passenger Automobile and Light Truck Greenhouse Gas Emission Regulations.

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NATIONAL ENERGY BOARD

NATIONAL ENERGY BOARD ACT

Order — Certificate of Public Convenience and Necessity OC-062 to Enbridge Pipelines Inc. for the Edmonton to Hardisty Pipeline Project

P.C. 2014-425 April 10, 2014

Whereas on December 14, 2012, Enbridge Pipelines Inc. (“Enbridge”) applied to the National Energy Board (“Board”) with regard to the Edmonton to Hardisty Pipeline Project (“Project”) for a Certificate of Public Convenience and Necessity under section 52, Part III, of the National Energy Board Act (“Act”) authorizing Enbridge to construct and operate a new 914.4 mm (36 inch) outside diameter crude oil pipeline approximately 182 kilometres in length, from its existing Edmonton terminal, near Edmonton, Alberta to its existing Hardisty terminal, near Hardisty, Alberta;

Whereas the Project has an estimated capital cost of $844.3 million, including interest;

Whereas the Board reviewed Enbridge’s application and conducted an environmental assessment of the Project;

Whereas, pursuant to Hearing Order OH-001-2013, the Board held oral public hearings in respect of the Project in Camrose, Alberta on October 1 and 2, 2013, and on December 4 and 5, 2013, during which the Board heard from Enbridge and from other participants in the proceeding;

Whereas the Board had regard to all considerations in Part III of the Act, and that were directly related to the Project and relevant to the list of issues the Board considered with respect to the Project;

Whereas the Board prepared the National Energy Board Report, dated January 2014, (“Report”), with respect to the Project, which was submitted to the Minister on January 31, 2014, setting out the Board’s recommendation;

Whereas the Board concluded that the Project, if constructed and operated in full compliance with the conditions set out in Appendix II of its Report, is not likely to cause significant adverse environmental effects and is in the Canadian public interest;

Whereas the Board is satisfied that all Aboriginal groups potentially affected by the Project were provided with sufficient information about the Project and had an opportunity to make their views known to Enbridge and the Board;

Whereas, if issued, Certificate of Public Convenience and Necessity OC-062 would include a condition requiring Enbridge to file a report outlining a plan for outstanding traditional land use investigations for the Project;

Whereas the Crown record, composed of the Report and the available material and information on the Board record, indicates the following with regard to the Project:

  • (a) that any possible adverse effect on potential or established Aboriginal and treaty rights is likely to be minimal; and
  • (b) that any impact on the use of lands and resources for traditional purposes would be effectively addressed by the proponent;

Whereas the Crown record indicates that the Crown’s duty to consult and accommodate, where appropriate, has been adequately fulfilled with regard to this Project;

And whereas the Governor in Council is therefore of the view that the Board should be directed to issue a certificate of public convenience and necessity in respect of the Project;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to section 54 of the National Energy Board Act, directs the National Energy Board to issue Certificate of Public Convenience and Necessity OC-062, with respect to Enbridge Pipelines Inc.’s Edmonton to Hardisty Pipeline Project, subject to the conditions set out in Appendix II of the National Energy Board Report, dated January 2014.

EXPLANATORY NOTE

(This note is not part of the Order.)

Proposal

This Order in Council is required pursuant to section 54 of the National Energy Board Act (NEB Act) to direct the National Energy Board (Board) to issue a Certificate of Public Convenience and Necessity (Certificate) to Enbridge Pipelines Inc. (Enbridge) for the Section 52 Facility component of its Edmonton to Hardisty Pipeline Project (Project).

Objective

On December 14, 2012, Enbridge filed an application with the Board, under section 52 of the NEB Act, requesting a recommendation in the Board’s report to the Governor in Council that a Certificate of Public Convenience and Necessity be issued for the Section 52 Facility that was applied for.

The Board recommended that the Governor in Council, under section 54 of the NEB Act, order the Board to issue Certificate OC-062 for the Section 52 Facility component of the Project that was applied for.

Background

The Project would include

  • construction of a new 914.4 mm (nominal pipe size 36) outside diameter crude oil pipeline, approximately 182 km in length, from Enbridge’s existing Edmonton Terminal, near Edmonton, Alberta, to its existing Hardisty Terminal, near Hardisty, Alberta (Section 52 Facility); and
  • construction of a new initiating pump station at Enbridge’s Edmonton Terminal, a new pump station at each of its existing Kingman and Strome stations, and associated facilities and infrastructure at its Edmonton and Hardisty Terminals (Section 58 Facilities).

The Pipeline right-of-way (RoW) for the Project would be alongside and contiguous to an existing Enbridge pipeline RoW and other existing linear disturbances for approximately 91.3% of its length.

Implications

The Project was developed in conjunction with shippers to address the emerging pipeline transportation capacity constraint between Edmonton and Hardisty. The Board was of the view that long-term growth of crude oil supply is likely and that it is reasonable to expect that increases in Western Canadian crude oil supply will support the need for, and the use of, the Project now and in the future.

The Board found the proponent’s assessment of the downstream market for Western Canadian crude oil to be reasonable. The Board was of the view that Enbridge has the ability to finance the construction of the Project and to place it into operation.

The Board found that designing and constructing the majority of the Enbridge pipeline route alongside and contiguous to existing linear disturbances was reasonable given that it would minimize the environmental and socio-economic impacts of the Project.

The Board was of the view that Enbridge’s public consultation program was adequate given the scale and setting of the Project, along with the consideration that Enbridge has had pre-existing relationships with the majority of local landowners and regional stakeholders for several decades.

The Board was satisfied that all Aboriginal groups potentially affected by the Project were provided with sufficient information and had an opportunity to make their views known to Enbridge and the Board about the Project.

The Board was of the view that, with the implementation of Enbridge’s environmental protection procedures and full compliance with the conditions set out in Appendix II of the National Energy Board Report in the Matter of Enbridge Pipelines Inc. Application Dated 14 December 2012 for the Edmonton to Hardisty Pipeline Project, OH-001-2013, the Project is not likely to cause significant adverse environmental effects and is overall in the Canadian public interest.

Consultation

Pursuant to Hearing Order OH-001-2013, the Board held an oral public hearing for the Project in Camrose, Alberta, on October 1 and 2, 2013, and subsequently on December 4 and 5, 2013, at which time the Board heard from Enbridge and from other participants registered in the proceeding.

The evidentiary portion of the OH-001-2013 hearing closed on December 4, 2013, and the oral portion ended on December 5, 2013.

Contact

For more information, please contact

John Foran
Director
Oil and Gas Policy and Regulatory Affairs Division
Natural Resources Canada
Telephone: 613-992-0287

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