Update on the status of the Governor in Council’s undertaking to implement the Canada Energy Regulator’s 16 recommendations to the Governor in Council for the Trans Mountain Expansion Project

Petition: 496

Issue(s): Biological diversity; Governance; Natural resources; Transport; Water

Petitioner(s): A Canadian organization

Petitioner location(s): Calgary, Alberta

Date received: 2 February 2024

Status: Reply pending / Replies pending

Summary: The petition raises concerns over the Trans Mountain Expansion Project, which it claims will result in increased maritime traffic and disturbance through the critical habitat of the southern resident killer whales, a listed endangered species. The petition indicates that the Governor in Council has formally undertaken in an order‑in‑council to implement 16 recommendations from the Canada Energy Regulator to lessen the effects on the killer whales.

The petition alleges that these recommendations are the only binding measures in place to protect the killer whales and their critical habitat from the adverse effects of the project, which include increased underwater noise and risk of underwater strikes. The petition inquires about the status of the Governor in Council’s work to develop an offset program to offset these increased risks. The petition also questions whether the Governor in Council intends to update the federal marine shipping oil spill response requirements, including response planning for species listed in the Species at Risk Act, as the increased risk of oil spills poses a great danger to the killer whales.

According to the petition, increased maritime traffic would worsen cumulative effects, which may hinder the killer whales’ recovery. The petition asks about the implementation of a regional cumulative effects management plan and about whether a regional study should be undertaken. Furthermore, the petition requests information on the timeline of completion for the feasibility study for establishing a national marine conservation area reserve in the southern Strait of Georgia.

The petition is concerned with whether the Governor in Council is fulfilling commitments formally undertaken in the order. The petition is also concerned that no information on the status of implementation is available. It asks whether the Governor in Council will commit to reporting publicly on its progress toward the recommendations in a centralized location so that interested parties can access the information.

Federal departments/organizations responsible for reply: Environment and Climate Change Canada; Fisheries and Oceans Canada; Natural Resources Canada; Parks Canada; Privy Council Office; Transport Canada