Canadian Regulators Set Hearing to Address Trans Mountain Expansion Constitutional Question

Canada’s National Energy Board (NEB) will hold a two-day oral hearing to address a motion filed by Kinder Morgan, which includes constitutional questions.

The company filed a request with the NEB on Oct. 26, saying it had been unable to secure municipal permits that would allow the company to begin construction work at the Burnaby and Westridge Marine terminals, and to use a temporary work site.

In a letter issued on Nov. 6, the NEB outlined a process to address these concerns. The attorneys general of Canada and the provinces have until Nov. 8 to declare their intent to make submissions, and then have until Nov. 24 to file written submissions regarding the constitutional questions. To date, the provinces of Alberta, British Columbia and Saskatchewan have indicated that they will participate.

The Chair of the NEB has assigned a three-member Panel to consider this matter.

In addition to written submissions, the board will hear cross-examination on affidavits on Nov. 29 and oral summary arguments from Kinder Morgan, Burnaby, and the participating attorneys general in its Calgary hearing room on Dec. 4.

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