Memorandum of Understanding on Assessment process for the Georgia Strait Pipeline Project

Parties:

Whereas Georgia Strait Crossing Pipeline Limited (the Proponent) intends to build a gas pipeline originating at a point on the international border in Boundary Pass, west of the Strait of Georgia, and interconnecting on Vancouver Island with the existing Centra transmission system at a point south of Duncan (the Project) and has filed documentation with the NEB to initiate the environmental assessment process (EIA process) under the Canadian Environmental Assessment Act (CEAA), which information was filed on the 7^th day of March, 2000; and

Whereas the NEB and DFO are or may be responsible authorities in relation to the environmental assessment under the CEAA; and

Whereas the Province of British Columbia (the Province) is required to consider certain environmental assessment requirements pursuant to various provincial permits and authorizations; and

Whereas, pursuant to the Subsidiary Agreement on Notification Procedures under the Canada-British Columbia Agreement for Environmental Assessment Cooperation, British Columbia is to be invited to participate in the assessment of this Project; and

Whereas the Project is a listed project under the federal Comprehensive Study List Regulations and therefore subject to a comprehensive study and the preparation of a comprehensive study report (CSR); and

Whereas the CSR is required to consider the potential effects of the Project on the current use of lands and resources for traditional purposes by Aboriginal peoples; and

Whereas the Parties wish to ensure that the public is aware of the EIA process and the opportunities for public input; and

Whereas the Parties wish to avoid duplication and promote environmental assessment efficiency; and

Whereas the Parties recognize that further discussions will be required should any responsible authority decide, at the commencement or at any time during the course of the EIA process, that the Project should be assessed by way of a panel review;

Therefore the Parties agree, should the assessment of the Project pursuant to the CEAA proceed by way of a comprehensive study and a CSR and should the comprehensive study and CSR be delegated in due course to the Proponent they will coordinate their respective environmental assessment processes and responsibilities as described below:

1. For the purposes of this Memorandum of Understanding, "Responsible Authorities" has the same meaning as in the CEAA: a federal authority that is required... [under the CEAA] to ensure that an environmental assessment of the Project is conducted.

2. The NEB will act as the lead responsible authority under the CEAA and co-ordinate this process for federal purposes. The Province will co-ordinate the process for provincial purposes. The Parties will work together to establish reasonable and appropriate timetables and schedules.

3. The Parties will hold further discussions on ways to ensure the public is aware of the CEAA process and has opportunities for public input to achieve this result.

4. The NEB will prepare a draft scoping package based on the information provided by the Proponent which will include information on the scope of the Project, including ancillary projects; factors to be considered; and the scope of the factors.

5. The NEB will distribute the scoping package to the EAO and to responsible authorities and to federal authorities providing specialist or expert advice pursuant to the CEAA.

6. The NEB will incorporate the comments from the EAO and responsible authorities and federal authorities into the revised scoping package and the source of the comments will be identified.

7. The NEB will make the revised scoping package available to the public for comment by way of a written public comment process. In addition, the Proponent and/or any one or more of the Parties to this agreement may hold oral public comment sessions to facilitate public input. The revised scoping package will also be forwarded to the federal Minister of the Environment and to the Canadian Environmental Assessment Agency.

8. The responsible authorities, after considering the public comments, will decide on the scope of the assessment as required by the CEAA. This will include a consideration of the factors listed in subsections 16(1) and 16(2) of the CEAA, and any additional matters that the federal Minister of the Environment, after consulting with the responsible authorities, requires to be considered. Where the Province requires information beyond the scope of the assessment established by the responsible authorities, the additional requirements will be included in the final scoping document and will be identified as provincial requirements.

9. Assuming a decision is made at that time by the responsible authorities to proceed with the comprehensive study then the final scope of the environmental assessment will be forwarded by the NEB to the Proponent.

10. Assuming a decision is made by the responsible authorities to delegate the comprehensive study and the preparation of the CSR to the Proponent pursuant to subsection 17(1) of the CEAA, and if the Proponent accepts the delegation, the Proponent will be asked to prepare the Environmental Assessment Report (EAR) and will be encouraged by the Parties to involve and consult with the public, during its preparation.

11. The Parties will ensure that there is adequate opportunity for First Nations to identify the potential effects of the proposed Project as described in the final scoping document.

12. An EAR, containing two Parts, will be prepared. Part I of the EAR will be the CSR, meeting the requirements of the CEAA. Part II of the EAR will contain those matters identified pursuant to clause 8 as additional provincial requirements in the final scope of assessment.

13. The draft EAR will be submitted to the Parties for review and comment, in consideration of their respective legislative requirements.

14. Comments on the draft EAR will be provided by the Parties to the NEB and it will provide them to the Proponent. These comments will be provided by way of either a written document or oral comments or both as agreed to by the Proponent. The NEB will coordinate comments by any federal departments or agencies providing specialist or expert advice and will arrange for the provision of those comments to the Proponent. The EAO will coordinate comments by the Province and will provide them to the NEB for forwarding to the Proponent.

15. The Proponent will submit an amended EAR. All of the Parties will review the EAR to ensure its completeness in consideration of their respective legislative requirements. The NEB will coordinate the review of the amended EAR by any federal departments or agencies providing specialist or expert advice. The EAO will coordinate the review of the amended EAR by the Province.

16. Once the responsible authorities are satisfied that Part I of the EAR is complete, the EAR shall be forwarded to the federal Minister of the Environment and the Canadian Environmental Assessment Agency, for public consultation in accordance with section 22 of the CEAA.

17. If the Province is of the view that issues or matters relevant to the Province have not been satisfactorily addressed by the Proponent, the Province may pursue those issues as part of the regulatory review for authorizations issued by the Province; and it may advise the federal Minister of the Environment of these issues; and as appropriate, participate in any subsequent NEB hearing.

18. The NEB will maintain the Federal Registry and the Province will provide information on its Environmental Assessment Office Registry Web site as to the federal contact for the review of documentation.

19. The Parties will arrange for the Proponent to establish local repositories on Vancouver Island where the public may access documentation in relation to the review.

20. The provisions of this Memorandum of Understanding shall not fetter the discretion of statutory decision-makers.

21. The Parties may amend this Memorandum of Understanding upon the agreement of all Parties and any party may withdraw from this Memorandum of Understanding and complete an uncoordinated EIA process upon thirty (30) days notice to the other parties.