The Commission set out 34 conditions related to safety and integrity, employment and training, environmental protection and Indigenous Peoples’ involvement in monitoring. NGTL must also report on its support for Indigenous Peoples to review project conditions.
The Commission is satisfied that consultation with Indigenous Peoples has been adequate for the Commission’s recommendation and has included conditions to avoid or mitigate impacts to the Rights and interests of Indigenous Peoples. In addition to the recommendation on the project, two additional recommendations were made: that the Governor in Council (GIC) establish an NGTL System-wide Indigenous Oversight Cooperative Committee; and that the Minister, in partnership with other jurisdictions, undertake a regional environmental assessment in the area.
The CER, in its role as Agent of the Crown and Crown Consultation Coordinator for the project, will continue two-way dialogue with Indigenous Peoples to support the GIC decision-making process.
The CER Act requires that the Commission’s recommendation report is submitted to the Minister of Natural Resources Canada. The Minister will then take the recommendation report to the GIC, who will decide whether or not to direct the Commission to issue a certificate.
If the GIC approves, the Commission will issue a certificate to NGTL authorizing it to begin the construction and eventual operation of the project, subject to conditions. The CER will monitor and enforce all conditions using audits, inspections, and other compliance and enforcement tools. The project has an anticipated in-service date of November 2023.
This is the Commission’s first recommendation under the CER Act. Highlights include: