VANCOUVER (miningweekly.com) – The National Energy Board (NEB) on Friday announced that the panel hearing public comments on TransCanada’s Energy East application and the Eastern Mainline Project application had been disbanded.
The NEB was forced to cancel hearings in Montreal last month after protestors disrupted proceedings.
Environmental groups opposed to Canadian oil sands development have fought the 1.1-million-barrel-a-day Energy East pipeline project, which would help carry crude oil from Alberta to Canada's Atlantic coast, from where it can be shipped to international markets.
Opposition has been particularly strong in the mainly French-speaking province of Quebec, which the pipeline would need to cross on its way to the coast. Opponents include Montreal mayor Denis Coderre, who has pointed to concerns that the route could endanger forest and agricultural land.
The NEB issued two decisions on Friday addressing motions before the panel, after participants were afforded the opportunity to file comments on the issues raised in the motions.
The motions took issue with meetings that were held in Quebec, in early 2015, in preparation for the NEB’s National Engagement Tour, an initiative aimed at improving relationships with municipalities and indigenous peoples, improving pipeline safety and better environmental outcomes.
In its first decision, the NEB adjourned the joint Energy East and Eastern Mainline hearing until a new panel is appointed.
According to the NEB, all three panel members have decided to recuse themselves to preserve the integrity of the NEB and of the Energy East and Eastern Mainline review. It said the members acted in good faith and have pledged not to discuss these two applications with other board members or board staff.
The NEB also reported that the chairperson and vice-chairperson would recuse themselves from the limited and specific administrative duties they have, such as assigning a panel and ensuring adherence to time limits, as set out under the NEB Act.
“They are recusing themselves from these very specific duties only in relation to the two applications at issue here. They are doing so because they understand that their participation in these meetings may have created an apprehension of bias that could undermine the integrity and the credibility of the board’s decision-making process,” the NEB stated.
It noted that new panel members must not only be free of apprehension of bias but also proficient in both official languages. The government’s process is currently under way to select new board members.
The second decision also addresses the requests for staff who attended the meetings to be removed, for the publication of information regarding the meetings and for the newly assigned panel to hold an inquiry into the meetings.