Report on Line 10 in Ontario

I attended the hearing for Line 10 on October 18 and 19 2016  in Hamilton Ontario. Some of the critical flaws of the NEB process that I witnessed are as follows: 
  • The Engineering reports are woefully incomplete with only 10% engineering report done, 20% in the works leaving 70% incomplete and based on predictions.
  • Because 90% completion of engineering is required for Hydro and Municipal processes they still don’t have licences to cross those lands yet.
  • Six Nation’s didn’t even get their copies of reports until 14 days before deadlines to submit evidence.
  • Enbridge switched the route and didn’t host any open house on it.
  • When asked by the chair what the width of the current pipe is, the engineering expert of Enbridge didn’t know. He had to look it up on computer and it took him 5-10 minutes to do it..
  • Enbridge is applying to get a 20 inch line to replace the 12 inch line and they want to run it at Max. capacity. Problem is, it connects to a 12 inch line in the US.  If they want to run it at max it might cause a blow out. They can only realistically run it at 1/3rd capacity. They haven’t even planned in a connecting valve.
In my view, the NEB process is fundamentally flawed because the high engineering standards are secured only at the Provincial level when licences for right of way are sought. First Nation’s communities are outside these standards on Federal Lands. Since the Federal approvals are given using the incomplete engineering reports, these folks are at the greatest risks. There is no reasonable criteria for completion of engineering reports at the NEB level prior to approval to help inform First Nation’s people or their communities of the engineering impacts of projects. In other words, the NEB decisions are being based on predictions not reasonably completed data.
If there is a company doing any business in Canada approved by Canadian regulators, the applicable laws that protect people should be consistent from one end of the project to the other without exception.  Set it to the highest standards of protection that are consistent with the standards set by Hydro and  Provincial regulators. Right now the NEB’s standards prior to their approval is not compliant to Provincial planning laws and this must change if we are to reasonably protect communities impacted by these projects regardless of whether or not they are Indigenous communities.
When a spill happens in a Canadian municipality, folks can call Provincial regulators to report it and if it repeats, fines increase for that company but Provincial pollution laws don’t apply on Federal lands so First Nation’s communities are not being equally protected.   Across Canada high polluting sectors established themselves upwind and downstream to Indigenous communities knowing that there is less likely hood of enforcement for pollution laws. This is the reason why Nova Scotia introduced Bill 111 called the Environmental Racism Prevention Act. You can read of the bill  here:
The NEB was established in 1957.  The Canadian Nuclear Safety Commission (CPCN)  was established in 2000 and like the NEB, they have approval powers beyond the scope of normal planning mechanisms and neither one has expertise in regards to Indigenous Rights or the right to self govern.
I participated with the Darlington Nuclear Refurbishment Hearing with CPCN and the scope of the projects are often far too limited to have regard for First Nation’s issues. I presented sworn evidence to show how the plant was using chloride to treat the Zebra Mussels entering the cooling system and how this was stimulating the growth of algae in Lake Ontario that was destroying the breeding ground of White Fish outside the plant. The fish normally breed between the rocks. When Zebra mussels got into the intakes it covered the cooling racks like a cement. The plant was at risk so they started using chloride to kill them off. The chloride stimulated the growth of algae to the point it created a thick carpet over the breeding areas. The fish can’t access these spaces between the rocks anymore and the fish is now being considered for listing as endangered species. Who violated our treaties to the point our food is being listed as endangered species?  Why are the still allowed to cause further damages to these habitats?
 
The CNSC never did provide me with feedback on how these concerns will be remedied. The CNSC viewed it as a non issue of a Metis woman but I view this as a violation of Treaty Rights.  I grew up eating Whitefish, Pike, Pickerel and bass and trout from Lake Ontario. To allow an industry to destroy breeding ground of an edible fish violates my rights and the rights of others to live in our traditional ways. What recourse is there when CNSC decisions do not comply with Treaty Rights? Am I go to court to ask them not to kill the fish? Is the burden on me to pay out of pocket to prove the issue in court or should the burden be on the company to assure compliance? It is the compliance that we lack today.  
Professional Engineers Ontario could step in to help remedy issues but they powerless to help because oil and gas sectors have exemption from their oversight. It’s a federal issue not provincial one. Personally I think they should be allowed to have a say. They have jurisdiction to review issues regarding w ind power and solar projects so why not  oil, gas and nuclear?  Why should fossil fuel and nuclear get to bypass safeguards required by renewable energy providers? 
Both the NEB and CNSC are acting as regulators, approval agencies, oversight bodies (of their own work) and enforcement agency and with the Line 9 Enbridge argues they are performing the duty of the Crown too.  This is in my view highly unreasonable.
The mandate of Canada’s Competition Act states:
PURPOSE OF ACT

1.1 THE PURPOSE OF THIS ACT IS TO MAINTAIN AND ENCOURAGE COMPETITION IN CANADA IN ORDER TO PROMOTE THE EFFICIENCY AND ADAPTABILITY OF THE CANADIAN ECONOMY, IN ORDER TO EXPAND OPPORTUNITIES FOR CANADIAN PARTICIPATION IN WORLD MARKETS WHILE AT THE SAME TIME RECOGNIZING THE ROLE OF FOREIGN COMPETITION IN CANADA, IN ORDER TO ENSURE THAT SMALL AND MEDIUM-SIZED ENTERPRISES HAVE AN EQUITABLE OPPORTUNITY TO PARTICIPATE IN THE CANADIAN ECONOMY AND IN ORDER TO PROVIDE CONSUMERS WITH COMPETITIVE PRICES AND PRODUCT CHOICES

Personally I see the NEB and CNSC as agencies that violate this mandate.  Until we reach the point where Green Energy gets the same subsidies and policy tools to work with the system remains biased to oil and nuclear. Until First Nations Lives are equally protected, there is no justice.
Thank you kindly for your time.
Louisette Lanteigne
700 Star Flower Ave.
Waterloo Ont.
N2V 2L2

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s