The National Energy Board has indefinitely suspended its consideration of the $7.9 billion Northern Gateway pipeline project, including the request by Enbridge to extend the deadline for starting the controversial project. The Joint Review Panel conditions had set December 31, 2016 as the time that Enbridge had to start the project.
As a result of the decisions quashing the Certificates, the Board is suspending indefinitely its consideration of the application to extend the sunset clauses of the Certificates and is not accepting any further comments on it, including comments from Northern Gateway and AEP. The Board is also suspending indefinitely its consideration of all filings related to the conditions attached to the Certificates.
In May the NEB had told Enbridge that is would consider a request by Enbridge to extend the deadline and accept comments from the public until June 27, 2016 and reply comments from the applicants by July 18, 2016.
In a decision released on 30 June 2016, the Federal Court of Appeal quashed Order in Council P.C. 2014-809 which is the order directing the Board to issue the Certificates for the Project. The Court also quashed the Certificates.
The original Joint Review Panel report in December 2013 had set 209 conditions for the construction and operation of the pipeline, which would have carried oil sands bitumen from Bruderheim, Alberta, to Kitimat, for shipment to Asian customers.
In a two to one decision, the Federal Court of Appeal has overturned the Harper government’s approval of the Enbridge Northern Gateway Pipeline, finding that the federal government’s consultation process with First Nations on the BC coast that occurred after the NEB decision and the Joint Review Panel Report was inadequate, saying:
We conclude that Canada offered only a brief, hurried and inadequate opportunity in Phase IV—a critical part of Canada’s consultation framework—to exchange and discuss information and to dialogue. The inadequacies—more than just a handful and more than mere imperfections—left entire subjects of central interest to the affected First Nations, sometimes subjects affecting their subsistence and well-being, entirely ignored.
The dissenting judge found that the federal government under Stephen Harper had adequately consulted the First Nations. The split decision means that one of the parties, either the federal government, Enbridge Northern Gateway or the Canadian Association of Petroleum Producers may seek leave to appeal to the Supreme Court of Canada.
The Environmental Protection Division of BC’s Ministry of Environment is launching a major study of the water quality in the Kitimat valley, first on the Kitimat River and some of its tributaries and later on the Kitimat Arm of Douglas Channel.
There has been no regular sampling by the province in Kitimat since 1995 (while other organizations such as the District of Kitimat have been sampling).
Jessica Penno, from the regional operations branch in Smithers, held a meeting for stakeholders at Riverlodge on Monday night. Among those attending the meeting were representatives of the District of Kitimat, the Haisla Nation Council, LNG Canada, Kitimat LNG, Rio Tinto BC Operations, Douglas Channel Watch, Kitimat Valley Naturalists and the Steelhead Society.
As the project ramps up during the spring and summer, the ministry will be looking for volunteers to take water samples to assist the study. The volunteers will be trained to take the samples and monitored to insure “sample integrity.” Penno also asked the District, the Haisla and the industries in the valley to collect extra samples for the provincial study and to consider sharing historical data for the study.
With the growing possibility of new industrial development in the Kitimat valley, monitoring water quality is a “high priority” for the province, Penno told the meeting. However, so far, there is no money targeted specifically for the project, she said.
The purpose of the study is to make sure water in the Kitimat valley meet the provinces water quality objectives, which have the aim of watching for degradation of water quality, upgrade existing water quality or protect for designated uses such as drinking water, wildlife use, recreational use and industrial water supplies as well as protecting the most sensitive areas. It also provides a baseline for current and future environmental assessment. (In most cases, testing water quality for drinking water is the responsibility of the municipalities, Penno said. The province may warn a municipality if it detects potential problems, for example if a landslide increases metal content in a stream).
Under the BC Environment system, “water quality guidelines” are generic, while “water quality objectives” are site specific.
One of the aims is to compile all the studies done of the Kitimat River estuary by the various environmental impact studies done by industrial proponents.
The ministry would then create a monitoring program that could be effectively shared with all stakeholders.
At one point one member of the audience said he was “somewhat mystified” at the role of Fisheries and Oceans in any monitoring, noting that “when you phone them, nobody answers.”
“You mean, you too?” one of the BC officials quipped as the room laughed.
Water quality objectives
The last time water quality objectives were identified for the Kitimat River and arm were in the late 1980s, Penno told the meeting. The objectives were developed by the British Columbia government because of potential conflict between fisheries and industry at that time. The objectives were developed for the last ten kilometres of the Kitimat River and the immediate area around the estuary and the Kitimat Arm. “The Kitimat is one of the most heavily sport fished rivers in Canada,” she said.
However, the work at that time was only provisional and there was not enough water quality monitoring to create objectives that could be approved by the assistant deputy minister.
There has been no monitoring of the Kitimat River by BC Environment since 1995. “We’ve had a lot of changes in the Kitimat region, with the closure of Methanex and Eurocan, the modernization of Rio Tinto and potential LNG facilities.”
The main designated uses for the Kitimat River at that time were aquatic life, wildlife with secondary use for fishing and recreation.
She said she wants the stakeholders to identify areas that should be monitored at first on the river and the tributaries. Later in the summer, Environment BC will ask for suggestions for the estuaries of the Upper Kitimat Arm.
Participants expressed concern that the water supply to Kitamaat Village and the Kitimat LNG site at Bish Cove as well as Hirsch Creek and other tributaries should be included in the study. Penno replied that the purpose of the meeting was to identify “intimate local knowledge” to help the study proceed.
After a decade so of cuts, the government has “only so much capacity,” Penno said, which is why the study needs the help of both Kitimat residents and industry to both design the study and to do some of the sampling.
The original sampling station in the 1980s was at the Haisla Boulevard Bridge in Kitimat. A new sampling station has been added at the “orange” Kitimat River bridge on Highway 37. There is also regular sampling and monitoring at Hirsch Creek. The aim is to add new sampling points at both upstream and downstream from discharge points on the river.
The people at the meeting emphasized the program should take into consideration the Kitimat River and all its tributaries—if budget permits.
Last year, the team collected five samples in thirty days in during four weeks in May and the first week in June, “catching the rising river quite perfectly” at previously established locations, at the Haisla Bridge and upstream and downstream from the old Eurocan site as well as the new “orange bridge” on the Kitimat River.
The plan calls for five samples in thirty days during the spring freshette and the fall rain and monthly sampling in between.
The stakeholders in the meeting told the enviroment staff that the Kitimat Valley has two spring freshettes, the first in March during the valley melt and later in May during the high mountain melt.
The plan calls for continued discussions with the industry stakeholders, Kitimat residents and the Haisla Nation.
The staff also wants the industrial stakeholders to provide data to the province, some of it going back to the founding of Kitimat if a way can be found to make sure all the data is compatible. One of the industry representatives pointed out, however, that sometimes data is the hands of contractors and the hiring company may not have full control over that data.
There will be another public meeting in the summer, once plans for sampling in the Kitimat Arm are ready.
The British Columbia Environmental Appeal Board has upheld Rio Tinto’s plans for sulphur dioxide emissions in the Kitimat airshed and dismissed the appeal from residents Emily Toews and Elisabeth Stannus.
The 113 page decision was released by the EAB late on December 23. It contains a series of recommendations for further studies and monitoring of the health of Kitimat residents. In effect, the EAB is asking the province (which is all it can do) to spend money and create a new bureaucracy at a time when Kitimat’s medical community is already short staffed and under stress.
By December 31, 2016…. engage with Ministry executive to secure their support for, and action to encourage, a provincially-led Kitimat region health study, based on the development of a feasibility assessment for such a study.
On December 24, Gaby Poirier, General manager – BC Operations
Rio Tinto, Aluminium Products Group released a statement saying:
Based on the evidence and submissions made by each of the parties, the EAB confirmed our permit amendment.
Although it is welcome news for Rio Tinto that the MOE Director’s decision was upheld, and the rigor and cautious approach of the science were confirmed by the EAB, we also recognize that there is more work to do to address community concerns regarding air quality in the Kitimat Valley.
In providing their confirmation, the EAB included a series of recommendations. Over the coming months, we will be working to fully assess them and we will continue to involve the local community including residents, stakeholders and our employees as we do so, noting that some of the recommendations have already started to be implemented.
I would like to take this opportunity to thank the residents of Kitimat, our valued stakeholders and our employees for their support during this process. At Rio Tinto, we are committed to protecting the health and well-being of our employees, the community, and the environment as we modernize our BC Operations.
British Columbia says it is implementing new radio protocols for forest service roads in the Kitimat region that will take effect on November 2.
The news release from Ministry of Forests, Lands and Natural Resource Operations says:
New mobile radio communication protocols are being
implemented throughout B.C. to improve safety for resource road
users. The changes include new standardized road signs, radio call
protocols and a bank of standardized mobile radio channels.
The Coast Mountain Natural Resource District will be implementing new
resource road radio channels beginning Nov. 2, 2015. The district
covers over 80,000 square kilometres and includes the major centres
of Terrace, Kitimat, Prince Rupert, New Aiyansh and Stewart.
The new protocols will impact forest service roads and other road
permit roads in the area. All affected road users must have the new
channels programmed into their mobile radios before the transition
dates. Mobile radio users are advised to retain current radio
channels and frequencies until they are no longer required.
It is recommended that mobile radio users have the full bank of
standardized resource road radio channels programmed into their
radios by certified radio technicians.
New signs posted on local resource roads will advise which radio
channels to use and provide the communication protocols, including
the road name and required calling intervals. Vehicle operators using
mobile radios to communicate their location and direction of travel
must use the posted radio channels and call protocols.
All resource road users in the affected areas should exercise
additional caution during the transition period. Drivers are reminded
that forest service roads are radio-assisted, not radio-controlled,
and to drive safely according to road and weather conditions.
Local resource road safety committees have worked with the Ministry
of Forests, Lands and Natural Resource Operations and Industry Canada
to implement these changes.
Updated with later results. Also , Romeo Saganash of the NDP was declared elected after original publication of this story, so his name has been dropped from the list of NDP stars who lost seats.
Skeena Bulkley Valley NDP MP Nathan Cullen retook the riding in landslide in the federal election, Monday October 19. As one of the party’s few clear winners in a disastrous night for the NDP, Cullen immediately had to face questions from local reporters about a possible leadership bid.
As of noon October 20, with 217 out of 219 polls reporting, Cullen had 51.2 per cent, 11,545 votes ahead of Conservative Tyler Nesbitt with 24.7 per cent and Liberal Brad Layoton with 18.7 per cent.
The Liberals did much better nationally, winning a clear majority, with elected in 184 seats. The Conservative government was knocked back to 99 seats to form the official opposition, while the NDP had to settle for 44 seats. Elizabeth May of the Green Party retained her seat and the Bloc Quebecois has 10.
Even though current NDP leader Thomas Mulcair said he plans to stay on as leader, the party will certainly review his leadership after the party lost half its seats from the all time high of 95.
The very first question Cullen was asked in a victory teleconference with northwest region reporters from across the huge riding was about his leadership ambitions. Cullen finished second to Mulcair in the NDP leadership contest three years ago.
“The leadership is the farthest thing from my mind tonight,” Cullen replied. “The first preoccupation I had here was in Skeena and how we would do and that feels very good.”
While Cullen said he was disappointed by the NDP results, he added, “I am encouraged that Mr. Harper’s platform was rejected for a much more progressive one.” Stephen Harper resigned as Conservative leader after his party’s loss.
Cullen said, “I want to go see my kids again and have a normal meal, maybe. and get off the road. We put almost 20,000 kilometers on the car. It was a long, long campaign. Tonight, I’m focused on phoning my colleagues, old ones and new ones and seeing how everybody’.s doing.”
Asked about his leadership ambitions a second time later in the teleconference, Cullen said, “I am not considering any of that right now. I want to go back to my family and my home, maybe hang out with my kids a little bit.I just ran a two and half month campaign, I’m not really looking to run another one right away.”
Sounding like a leader
At the same time, however, Cullen was sounding like a potential leader, calling on the NDP to get back to basics.
“I think we attempted to tack to the centre on a number of things, particualy fiscal policy,” he said. “This was obviously an election about change and rejection of the Conservative approach,” adding, “Three weeks ago there was a different narrative and that shows it was a very tumultuous electorate, people were changing their minds,making their minds up late, We just didn’t have that finishing push. maybe the length of the election, contributed to that.”
“We actually suffered from high expectations. To get more than 30 seats, that was [once] considered a real breakthrough. Now going from about a hundred down to the thirties or forties is disappointing.
“We were effective when we were 19. We’ve been able as a caucus to fight for attention on the issues that we’ve considered important. We’re going to have to go back to basics. We have to go back to the real campaign tactics that we’ve used before and can’t rely on the platform of offcial opposition or government to get things done. We’ve had practice at that, we know we’re good at it. We have to rebuild ourselves to be ready in four years time, when we go back to the polls and present alternatives to Canadians, particularly if the Liberals are not able to meet the very high expectations in place right now.”
Asked by one reporter if the result would have been different he had succeeded in his leadership bid, Cullen replied, “That was three years ago [when] I ran. We did better than expected but I was very confident of Tom’s leadership. And again until a few short weeks ago, many, many people were talking about Tom Mulcair as the next prime minister. The difficult thing about politics; it can go up, it can do down. It’s fate sometimes.”
Northern Gateway “finished”
Turning to local issues, Cullen said that it is now likely the controversial Enbridge Northern Gateway pipeline will be stopped. “The efforts of Enbridge to build their pipleine to Kitimat are finally finished, since the new government has said it will reject it.”
As for the proposed Liquified Natural Gas projects, Cullen said, “We have to do LNG properly” adding that the Liberals “are a little harder to pin down on LNG” which was not in their national platform, although local Liberal candidate Brad Layton was in favour of LNG development. “So we’ll find out, we’ll find out in the next number of weeks, where they stand as a government.”
Cullen said that on other issues, there was agreement among most candidates in the campaign over revisiting environmental assessment and an inquiry into missing and murdered aboriginal women. One issue that came to the forefront during the campaign, he said, was federal subsidies for northern coastal ferry service.
“We’ve been able to make the concerns and issues we have here in the northwest into national issues, missing and murdered women, Enbridge Northern Gateway and the need to reinvest in our communities,” Cullen said. “They’re all things that I’ve been pushing for, that the Liberal party has now made into their mandate. The real issue isn’t that the issues get raised but whether we hold their feet to the fire or ensuring what they said in the elction is what they actually do in government and that will be the biggest trick with them having that majority.”
Progressive potential for a leader
If the NDP does decide on a leadership review, Cullen is one of the few front bench stars left. Deputy leader Megan Leslie, foreign affairs critic Paul Dewar and incumbents Nycole Turmel, Peter Stoffer, Jack Harris, Andrew Cash, Mathieu Ravignat, and Ève Péclet all lost their seats.
The reasons for the NDP defeat are “going to take a number of days, if not weeks to sort out. There were issues like national pharamcare and our child care plan that didn’t get enough attention,” Cullen said.
“I think there were very negative politics around the niqab Mr. Harper and Mr. Duceppe played that stalled our momentum. I’m very proud of the principled stand the party continued to take, even if it meant costing us votes. We’re not just a party that’s willing to win at all costs at the expensive of our values and our princples. I think some of those distractions and negative politics hurt but it will be in a lot of exit polling and polling in the next few weeks to understand what didn’t go right for us.
“I think the positive thing that we take from this is that the country overwhelmingly decided on progressive platforms, the Liberals presented a program that was broadly progressive. We were not able to outshine them in the broad narrative in the campaign.
“I take some comfort in the fact if anything we were criticized for being too centrist in our fiscal policy. It’s an intereting criticism to make that we were too careful with the books, or too careful with not runing deficits. As for what the party does, that’s a conversation that after any difficult loss, that takes a number of months to happen and that’s natural.
“There is some reflection. I don’t expect to spend a lot of time on that reflective phase. I have a lot of work to do, there’s a lot things we need to do for the northwest and spending too much time navel gazing is not on my agenda for the next months.”
The District of Kitimat Friday afternoon lifted the boil water advisory declared during a heavy rain storm late last Saturday. The District says system flushing may result in some discoloured water, but it is safe to drink and the water should run clear quickly.
The precautionary boil water advisory issued on Sunday, October 11 has been lifted.
This advisory was issued by the District of Kitimat, with advice from Northern Health, after the extremely high flood levels in the Kitimat River caused an increase in turbidity in the municipal water supply. It has now been lifted after two consecutive sets of samples confirmed there was no total coliform or E.coli contamination in the potable water.
Chlorination was increased and maintained over the boil water advisory period and municipal crews flushed the water system to speed up removal of the turbid (cloudy) water. The flushing itself could result in some discoloration of the water but it is safe to drink without boiling. If your water is discoloured, let your cold water run until it clears.
The District of Kitimat apologizes for any concern or inconvenience this precautionary measure may have caused.
The District of Kitimat in an update on the boil water advisory says it could last until the end of the week. There is no immediate problem because the water is still being treated.
Kitimat Chief Administrative Officer Warren Waycheshen says the turbidity from the high water means that it is not possible to do a full sample on the safety of the water. There are no delays due to the holiday weekend, the labs are open and ready, Waycheshen told Northwest Coast Energy News.
There are no immediate dangers to Kitimat from the high water, he said.
October 11, 2015
The boil water advisory issued by the District of Kitimat will remain in place at this time. Until further notice, continue to boil water for 2 solid minutes before using it for cooking or drinking.
The District of Kitimat, with advice from Northern Health, will not consider terminating the advisory until two samples conclude there is not a health risk. Sampling is not expected to be complete until at least the end of the week of October 12, 2015 and could be longer if the rain continues.
The District is treating the water as usual. There is nothing to suggest contamination is occurring; however, as a precautionary measure please continue to boil water prior to use.
Turbidity in this case means high levels of particulate matter in the river, including sand and possibly salts. Waycheshen said the Kitimat River rose four metres on Saturday, then dropped by about two metres overnight but with the later Sunday afternoon rain the river is rising once again.
The Environment Canada forecast issued at 4 pm Sunday, calls for rain for the next week.
Rain. Amount 15 to 25 mm. Windy. Temperature steady near 8.
Showers. Windy early in the evening. Temperature steady near 8.
Tue, 13 Oct
Showers. High 11.
Cloudy with 70 percent chance of showers. Low 6.
Wed, 14 Oct
A mix of sun and cloud with 60 percent chance of showers. High 13.
Cloudy periods. Low plus 5.
Thu, 15 Oct
Cloudy. High 15.
Cloudy with 60 percent chance of showers. Low 7.
Fri, 16 Oct
Cloudy with 60 percent chance of showers. High 12.
Cloudy with 60 percent chance of showers. Low 7.
Sat, 17 Oct
Periods of rain. High 11.
Wind Warning continues
The Environment Canada wind warning for the north coast was continued this morning but there are currently no alerts in effect for Kitimat.
Wind warning in effect for:
North Coast – coastal sections
The third and final disturbance in this series of storms is moving onto the northern BC Coast. The front will cross the central coast tonight. Southeast winds up to 110 km/h will develop over Haida Gwaii near noon then spread to the North Coast – Coastal Sections and Central Coast – Coastal Sections this afternoon. Winds will shift to southwest with the passage of the front then diminish this evening.
Damage to buildings, such as to roof shingles and windows, may occur. High winds may toss loose objects or cause tree branches to break.
Wind warnings are issued when there is a significant risk of damaging winds.
Waycheshen says there probably has been some flood damage to Radley Park, but at this point District staff are unable to get into the area to assess the damage.
The District of Kitimat has issued a boil water advisory.
Late Saturday evening, the District issued this statement on their website
Due to the significant rainfall, water entering the District of Kitimat’s system is turbid. The District is still treating water, however, until further notice, boil water for 2 solid minutes before using it for cooking or drinking.
The District of Kitimat is working with Northern Health on this matter.
North Coast – coastal sections
The third and final disturbance in this series of storms will approach the North and Central Coasts on Sunday. An intense low is forecast to track west of Haida Gwaii as moves northward. Southeast winds up to 100 km/h will develop over Haida Gwaii midday Sunday and then spread to the North Coast – Coast Sections and Central Coast – Coastal Sections in the afternoon. Winds will diminish Sunday evening as the low moves away from the region.
High winds may toss loose objects or cause tree branches to break.
Wind warnings are issued when there is a significant risk of damaging winds
The Environment Canada web page says Kitimat received 24 mm of rain in the 24 hours preceeding the forecast at 2039 on Saturday.
Sunday’s forecast calls for
Showers. Amount 10 to 20 mm. Windy this evening and after midnight. Low 8.
Sun, 11 Oct Showers. Amount 5 to 10 mm. Wind becoming south 40 to 60 km/h late in the morning. High 10.
Night Showers. Amount 20 mm. Wind south 40 to 60 km/h becoming light near midnight. Low 8.
Members of Unifor 2301 rallied in front of the Rio Tinto offices at City Centre Mall in Kitimat, Wednesday, October 7, to protest against what they called “precarious work” and health and safety issues at the Rio Tinto BC Operations aluminum smelter.
The rally was part what the union calls a “Rio Tinto Global Day of Action” aimed at Rio Tinto operations in North America, Europe, Africa and Australia. Unifor 2301 is part of the “Rio Tinto Global Union Network,”
Sean O’Driscoll, president of the local, concentrated on what he said was an increasingly tense relationship with Rio Tinto over health and safety issues. O’Driscoll told a group of supporters that relations with the company over health and safety have gone down hill since Rio Tinto took over Alcan. He said the CAW, predecessor to Unifor, had negotiated a strong health and safety agreement with Alcan that Rio Tinto is now trying to weaken down to minimum government imposed standards.
O’Driscoll said that the list of grievances between the union and management are growing and that instead of trying to solve the grievances, RIo Tinto has filed a grievance of its own claiming the union has filed too many grievances.
The main reason for the rally was a worldwide protest over what the union calls “precarious work,” the use of short term, usually poorly trained workers, what most industries call call “casuals” to save money. The other issue at the protest was increasing contracting out.
O’Driscoll also pointed to the controversial issue of increased sulphur dioxide emissions from the upgraded smelter. Unifor has joined environmental groups in a successful court challenge to the BC Environmental Assessment Agency’s approval of the emission plan.