CALGARY — Proposed pipelines in Canada seem to be taking two steps back for every step forward.
The latest backslide came Tuesday when proponents of Enbridge's Northern Gateway pipeline said they will not appeal a Federal Court of Appeal decision in June to quash Ottawa's approval of the $7.9-billion project. The federal government then said it won't appeal, either. The court had ruled the approval must be set aside because government had failed in its duty to consult with aboriginal people.
Here's a look at and an update on the status of all major Canadian pipeline projects.
Enbridge's Northern Gateway pipeline would ship 525,000 barrels per day of oilsands crude from northeast of Edmonton to Kitimat, B.C. Its goal is to sell Alberta crude in lucrative Asian markets. A parallel line would bring 193,000 bpd of bitumen-thinning diluent in the opposite direction.
Northern Gateway has been hugely controversial. The idea of crude-oil laden supertankers navigating the choppy waters of the Douglas Channel on their way out to the Pacific is a non-starter for many British Columbians. The line also passes through huge tracts of unceded First Nations territory in B.C., which has many aboriginal groups — especially on the coast — staunchly opposed to it.
Until the June court decision, Enbridge had had a federal permit to build Northern Gateway since mid-2014. On Tuesday, the company urged the federal government to meet its constitutional obligations to meaningfully consult with First Nations and Metis to get the project back on track.
TransCanada, the same company behind Keystone XL, applied to the National Energy Board in October 2014 to build the Energy East Pipeline. The $15.7-billion project aims to ship 1.1-million barrels of Alberta crude a day across six provinces and 4,600 kilometres.
The pipeline would supply crude to import-dependent eastern refineries, as well as export landlocked Alberta oil to Europe and India. Energy East would repurpose existing natural gas pipe for about two thirds of the way and build new pipe through Quebec and New Brunswick.
Three days of National Energy Board hearings were held in August in Saint John, but hearings in Montreal the following week were postponed and then cancelled after protesters disrupted proceedings. They accused panellists of bias after learning two of them had met privately last year with former Quebec premier Jean Charest, a consultant for TransCanada Corp at the time.
In early September, the three-member panel recused themselves. NEB chairman Peter Watson and vice-chair Lyne Mercier gave up their responsibility to appoint a new panel, instead leaving the job to the government. Natural Resources Minister Jim Carr has said the promised 21-month review process for Energy East could be "modestly" delayed as a new panel is chosen.
TransCanada says construction would begin shortly after approval, with the goal of shipping oil in 2021.
TransCanada applied for U.S. permission to build its Keystone XL pipeline in September 2008. The idea was to extend an existing cross-border pipeline to give oilsands crude a more direct route to U.S. Gulf Coast refineries.
At the time, TransCanada thought the XL segment would make its way through the regulatory process just as smoothly as the previous phases. It was wrong.
The stretch of pipe cutting a diagonal line from the Saskatchewan-Montana border to southern Nebraska became the focal point of the environmental movement. Debate over Keystone XL centred not only on the environmental impacts on the American Heartland in the event of a spill, but on its broader role in hastening climate change.
After a seven-year regulatory saga, U.S. President Barack Obama rejected Keystone XL last November. Now, TransCanada has set in motion a US$15-billion challenge under the North American Free Trade Agreement, arguing it was treated inequitably. It has also launched a separate federal lawsuit seeking a declaration that Obama overstepped his constitutional power.
The Canadian arm of U.S. energy giant Kinder Morgan is aiming to nearly triple the capacity of its Trans Mountain pipeline to 890,000 barrels of oil per day. The existing Trans Mountain line currently ships 300,000 bpd of various petroleum products from the Edmonton area to the B.C. Lower Mainland and Washington State.
The $5.4-billion project has faced stiff opposition from those who don't want to see more crude-filled tankers moving through the Burrard Inlet. Protesters held up survey work on Burnaby Mountain late last year.
Kinder Morgan filed its regulatory application for the Trans Mountain expansion in late 2013. The National Energy Board hearing process for Trans Mountain has been highly criticized, with commenters and intervenors withdrawing from the process. The board has issued 145 draft conditions that Kinder Morgan must meet if the project is to be approved, and the company says that's achievable.
In November, a report is due from a three-person federal review panel doing indigenous consultations. The federal government has vowed to decide whether or not to approve Trans Mountain before the end of December.
Enbridge obtained regulatory approval for its Line 9B reversal and expansion project in March 2014. The original Line 9 has been in the ground for four decades and had been running from Montreal to southwestern Ontario since 1998. But given shifting market dynamics, Enbridge decided to restore its flow to its original west-to-east configuration.
That would enable crude to get to Quebec refineries, like Suncor Energy's facility in eastern Montreal. The project also involves boosting the line's capacity to 300,000 barrels a day from 240,000 barrels.
Work on the project has been complete since the fall of 2014. The National Energy Board gave its blessing to start Line 9B last year and it is currently operational.
Dan Healing, The Canadian Press
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