Attachment 8.2.1 Engagement Summary Report Marine Transportation

TRANS MOUNTAIN EXPANSION PROJECT

Reporting Period: July 1, 2015 to September 30, 2018

October 31, 2018

Attachment 8.2.1 Marine Transportation - Engagement Summary Trans Mountain Expansion Project July 1, 2015 – September 30, 2018

1.0 Contents 2.0 Introduction ...... 3 2.1 History of Engagement ...... 3 2.2 Project Overview ...... 5 3.0 Public and Stakeholder Engagement ...... 6 3.1 Stakeholder Identification ...... 7 3.2 Topics for Marine Transportation Engagement ...... 8 3.3 Website and Online Communications ...... 8 3.4 Advertising ...... 9 3.4.1 Television Advertising ...... 9 3.4.2 Print Advertising ...... 11 3.5 Media Relations ...... 11 3.6 Stakeholder Engagement Activities – Marine Transportation ...... 12 3.6.1 Themes of engagement identified for this reporting period ...... 13 3.6.2 Engagement Activities ...... 13 3.6.3 Project Changes Resulting from Stakeholder Engagement ...... 25 3.7 Next Steps – Engagement and Communications ...... 27 APPENDIX A: Examples of Advertising ...... 28 APPENDIX B: Stakeholder Meetings ...... 43 APPENDIX C: Boating Safety Materials ...... 73 APPENDIX D: Fishermen Presentations – Boating Safety Meetings ...... 79 APPENDIX E: Marine Stakeholder Update Emails ...... 118 APPENDIX F: TERMPOL information ...... 138 APPENDIX G: East of Second Narrows Outreach Materials ...... 146 APPENDIX H: Letter to the Mayor of Delta – Spill Liability ...... 151 APPENDIX I: ECHO materials Distributed via Westridge Marine Terminal ...... 158 APPENDIX J: Comment Letter to DFO ...... 163

Table of Figures Figure A: Print Ad Sample ...... 29 Figure B: Print Ad Sample, Translation ...... 30

Table of Tables Table 1: Summary of Stakeholder Engagement Regulatory Filings to the NEB and BCEAO ...... 3 Table 2: Summary of Stakeholder Engagement Regulatory Filings to the Fraser Port Authority for Westridge Marine Terminal ...... 4 Table 3: Identified Stakeholder Groups for Marine Corridor ...... 7 Table 4: Topics for Marine Transportation Engagement ...... 8 Table 5: Advertorials published in and North Vancouver from 2016-2017 ...... 11 Table 6: Westridge Marine Terminal Update Engagement Events ...... 12 Table 7: Project Changes Resulting from Stakeholder Engagement ...... 26 Table 8: Stakeholder Meetings and Events (Marine Transportation Stakeholders) ...... 44

Page 1 Attachment 8.2.1 Marine Transportation - Engagement Summary Trans Mountain Expansion Project July 1, 2015 – September 30, 2018

Table of Acronyms

Acronym or Term Definition AB Alberta AVICC Association of Vancouver Island and Coastal Communities BBOT Burnaby Board of Trade BC BCCP BC Coast Pilots BCIT BC Institute of Technology COSBC Chamber of Shipping of BC CSB Construction Safety Boom CPCN Certificate of Public Necessity and Convenience CRP Coastal Response Program DFO Fisheries and Oceans Canada ECCC Environment and Climate Change Canada ECHO Enhancing Cetacean Habitat and Observation Program FRDC Discovery Centre GOC Government of Canada GVBOT Greater Vancouver Board of Trade ISAC International Shipowner Alliance of Canada KLTP Kiewit Ledcor TMEP Partnership Km Kilometre LGMA Lower Mainland Government Association LMLGA Lower Mainland Local Government Association Meeting Engagement event hosted by Trans Mountain Multi-Stakeholder Events hosted by 3rd parties in which TMEP was in attendance NANS Navigation Aids / Navigation Safety Committee NEB National Energy Board OPP Ocean Protection Plan OR State of Oregon PACMAR Pacific Coast Marine Advisory Review Panel PAWSA Ports and Waterways Safety Assessment PER VFPA Project Environmental Review Process PNWER Pacific Northwest Economic Region PPA Pacific Pilotage Authority PSF Pacific Salmon Foundation PSHSC Puget Sound Harbour Safety Committee TMEP Trans Mountain Expansion Project Trans Mountain Trans Mountain Pipeline Corporation TWG Technical Working Group VFPA Vancouver Fraser Port Authority UBCM Union of BC Municipalities VOO Vessel of Opportunity WA Washington State WA DOE Washington State Department of Ecology WBT Wild Bird Trust WCMRC Western Canada Marine Response Corporation WSPA Western States Petroleum Association

Page 2 Attachment 8.2.1 Marine Transportation - Engagement Summary Trans Mountain Expansion Project July 1, 2015 – September 30, 2018

WMT Westridge Marine Terminal 2.0 Introduction This Report is a summary of Trans Mountain Corporation’s stakeholder engagement and communications conducted on matters related to marine transportation. The reporting period of this Report covers July 1, 2015 through to September 30, 2018; after the reporting period of Consultation Update No. 4 (NEB Filing ID A72224) which was the final engagement summary filed with the NEB on August 20, 2015 as part of reply evidence in the original facilities application hearing (OH-001-2014).

This Report is primarily focused on engagement activities and outcomes on matters related to marine transportation. This report does not include activities or outcomes of engaging in pipeline communities, Indigenous engagement or landowner engagement; also it does not cover pre- construction or construction engagement efforts related to project construction planning.

2.1 History of Engagement In May 2012, Trans Mountain Pipeline ULC (Trans Mountain) initiated a comprehensive stakeholder engagement and communications program along the proposed pipeline corridor between Strathcona County, Alberta (AB) and Burnaby, British Columbia (BC), and the marine corridor. The program, built on positive relationships with communities in which Trans Mountain has operated for more than 65 years, is designed to reflect the diverse and varied interests of the communities along the pipeline and marine corridor. Trans Mountain’s engagement efforts have provided tens of thousands of exchanges with stakeholders through face-to-face meetings, open houses, workshops, presentations, website postings, online feedback forms, technical working group meetings, emails, telephone calls, letters, advertisements and digital media, including social media.

The feedback Trans Mountain received through its engagement and communications activities has been incorporated into the Project and has influenced the design of subsequent phases of engagement and communications. Trans Mountain’s complete record of its stakeholder engagement and communications activities through the NEB hearing process can be found in documents accessible through the NEB website www.neb-one-gc.ca and are summarized in Table 1 below.

Table 1: Summary of Stakeholder Engagement Regulatory Filings to the NEB and BCEAO

Stakeholder Engagement Period Title Date Filed Covered Volume 3 (Filing ID A55987) December 16, 2013 May 2012 – July 31, 2013 Consultation Update No. 1 and Errata March 20, 2014 August 1 – December 31, 2013 (Filing ID A59343) Consultation Update No. 2 (Filing August 1, 2014 January 1 – April 30, 2014 IDs A62087 and A62088)

Page 3 Attachment 8.2.1 Marine Transportation - Engagement Summary Trans Mountain Expansion Project July 1, 2015 – September 30, 2018

Stakeholder Engagement Period Title Date Filed Covered Consultation Update No. 3 (Filing IDs February 12, 2015 May 1, 2014 – December 31, 2014 A4H1W2 through A4H1W8) Consultation Update No. 4 (Filing ID August 20, 2015 January 1 – June 30, 2015 A72224) BC EAO Engagement Summary Report September 26, 2016 July 1, 2015 – June 30, 2016 Available at: https://projects.eao.gov.bc.ca/p/trans- mountain-expansion/docs (Accessed October 28, 2018) BCEAO Engagement Summary Report October 1, 2018 July 1, 2016 – June 30, 2018 Available at: https://projects.eao.gov.bc.ca/p/trans- mountain-expansion/docs (Accessed October 28, 2018)

Further engagement and communications documentation, pertaining to construction at Westridge Marine Terminal (Westridge Marine Terminal), has been provided to the Vancouver Fraser Port Authority (VFPA) as identified in Table 2 below.

Table 2: Summary of Stakeholder Engagement Regulatory Filings to the Vancouver Fraser Port Authority for Westridge Marine Terminal

Stakeholder Engagement Title Date Filed Period Covered

Marine Consultation Summary No. 1 (which is also January 5, 2015 May 2012 - July 2014 appended to Consultation Update No. 3 (NEB Filing ID A4H1W5)). Marine Consultation Summary No. 2 October 3, 2015 August 1, 2014 - June 30, 2015 - See appendix A of VFPA consultation summary report filed June 2017.1

Consultation summary report as part of its Project June 2017 July 1, 2015 – December 1, 2016 permit application to the Vancouver Fraser Port Authority (VFPA). - The report is available on the VFPA website2

1 Kinder Morgan Canada Inc., Westridge Marine Terminal Upgrade and Expansion Project - May 2017 – Project Permit Application: Consultation Summary – Volumes 1-4, Appendix A: https://www.portvancouver.com/development-and-permits/status-of-applications/kinder- morganwestridge-marine-terminal-upgrade-and-expansion-project/ (Accessed Sept 12, 2018)

2 Kinder Morgan Canada Inc., Westridge Marine Terminal Upgrade and Expansion Project - May 2017 – Project Permit Application: Consultation Summary – Volumes 1-4 https://www.portvancouver.com/development-and-permits/status-of-applications/kinder-morgan- westridge-marineterminal-upgrade-and-expansion-project/ (Accessed Sept 12, 2018)

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Marine Transportation - Engagement Summary Trans Mountain Expansion Project July 1, 2015 – September 30, 2018

VFPA Project Application Review Phase – August, 2017 Summary of official comment period: Westridge Marine Terminal Upgrade and Expansion June 13 – July 10, 2017 Project

Public Consultation Summary Report and Consideration Report34 Consultation report summarizing stakeholder May 15, 2018 September 26 - March 31, 2018 engagement and communications conducted during the construction of the Westridge Marine Terminal (Westridge Marine Terminal) Upgrade and Expansion Project as required by the Vancouver Fraser Port Authority (VFPA) permit 15- 322 issued to the VFPA on August 28, 2017.

2.2 Project Overview Trans Mountain is expanding the existing 1,150-kilometre pipeline system and facilities between Strathcona County (near Edmonton), Alberta (AB) and Burnaby, British Columbia (BC). The Trans Mountain Expansion Project (TMEP) would create a twinned pipeline increasing the nominal capacity of the system from 300,000 barrels per day to up to 890,000 barrels per day.

Expansion of Westridge Marine Terminal (Westridge Marine Terminal) in Burnaby, BC is part of TMEP and involves the following elements:

• Construction of a new dock complex consisting of three berths to load tankers and barges with crude oil and a utility berth for emergency response and service vessels • Expansion of the existing foreshore further into the water to accommodate new equipment required to operate the terminal facility, for safety, environmental protection and emergency response • Installation of two, new 30-inch pipelines located in a tunnel through to deliver crude oil from Burnaby Terminal to load vessels at Westridge Marine Terminal. A separate NEB regulatory process for relocation of the existing line may be pursued • Marine habitat enhancements according to Fisheries and Oceans Canada (DFO) requirements (e.g., Marine fish habitat enhancements)

In May of 2016, after a comprehensive review, the National Energy Board (NEB) recommended the Federal Governor in Council approve the Trans Mountain Expansion Project (TMEP) with

3 Kinder Morgan Westridge Marine Terminal Upgrade and Expansion Project – Consultation Summary Report, 2017: https://www.portvancouver.com/wp-content/uploads/2017/06/Appendix-G2_VFPA-permit_comment-summary-report_FINAL.pdf (Accessed October 28, 2018) 4 Kinder Morgan Westridge Marine Terminal Upgrade and Expansion Project – Consideration Report, August 2017: https://www.portvancouver.com/wp-content/uploads/2017/06/Appendix-G3_Consideration-Report_Westridge Marine Terminal_FINAL.pdf (Accessed October 28, 2018)

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Marine Transportation - Engagement Summary Trans Mountain Expansion Project July 1, 2015 – September 30, 2018

157 conditions. The Government of Canada concluded TMEP was in the public interest of Canada on November 29, 2016 and the NEB issued the Certificate of Public Convenience and Necessity (CPCN) on December 1, 2016. On January 11, 2017, the Province of British Columbia issued an environmental assessment certificate to Trans Mountain Pipeline ULC for the BC portion of the Trans Mountain Expansion Project, subject to 37 conditions that supplement the NEB conditions.

On May 29, 2018, the Government of Canada announced it would purchase the Trans Mountain Pipeline system and the Expansion Project. As part of the agreement, the Government of Canada also agreed to fund the resumption of planning and construction work. As of August 31, 2018 the Trans Mountain Pipeline system and Trans Mountain Expansion Project are now part of the Trans Mountain Corporation, a wholly owned subsidiary of the Canada Development Investment Corporation that is accountable to the Parliament of Canada.

As a result of the Federal Court of Appeal Decision issued on August 30, 2018, the Order-in- Council which had approved a Certificate of Public Convenience and Necessity (CPCN) for the Expansion Project has been cancelled. As a result of the decision, Trans Mountain is winding down in-field construction activities in a safe, secure and environmentally appropriate manner. As described in a letter to the NEB on September 10, 2018 (NEB Filing ID A93959), some activities may take some time to complete to ensure the sites are properly secured, are safe and that risk to the environment, the public and workers is minimized. In the interim, despite the circumstances surrounding the Project since receiving its Certificate of Public Convenience and Necessity, engagement has continued.

3.0 Public and Stakeholder Engagement

In May 2012, Trans Mountain Pipeline Corporation (Trans Mountain) initiated a comprehensive stakeholder engagement and communications program along the proposed pipeline corridor between Strathcona County, AB and Burnaby, BC, and the marine corridor through the active shipping corridor to the 12-nautical mile limit of Canada’s territorial sea on BC’s west coast.

The program, built on positive relationships with communities in which Trans Mountain has operated for more than 65 years, is designed to reflect the diverse and varied interests of the communities along the pipeline and marine corridor. Trans Mountain’s engagement efforts have provided tens of thousands of exchanges with stakeholders through face-to-face meetings, open houses, workshops, presentations, website postings, online feedback forms, technical working group meetings, emails, telephone calls, letters, advertisements and digital media, including social media. The feedback Trans Mountain received through its engagement and communications activities has been incorporated into the Project and has influenced subsequent phases of engagement and communications.

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Marine Transportation - Engagement Summary Trans Mountain Expansion Project July 1, 2015 – September 30, 2018

3.1 Stakeholder Identification

Table 3: Identified Stakeholder Groups for Marine Corridor

Sector Groups

Marine Trade Industries - Fishing Sector - Oil and Gas (Trans Mountain customers, refineries, associations) - Shipping companies/operators - Marine Pilots (PPA, BCCP) - Chamber of Shipping of BC (COSBC) - Marine Trades Associations - Tug and barge operators and associations

Oil spill prevention and response - Western Canada Marine Response Corporation (WCMRC) - Equipment manufacturers and service providers (e.g. Aquaguard)

Commercial and Recreational Marine - Tourism organizations (Wilderness Tourism Association of BC, Tourism Industry Association of BC, Tourism Vancouver, Tourism Victoria, Tourism Waterway users BC and Tourism Nanaimo) - Boating BC as well as yacht clubs, marinas and affiliated associations - Paddling and rowing groups (particularly near busy commercial harbours in Vancouver, Nanaimo, Victoria, and Sidney/Swartz Bay)

Government - Elected Officials and staff for Federal/Provincial constituencies along the shipping corridor - Washington State (Elected officials, agencies) - Local/Municipal (Elected officials, bureaucrats and agencies, Regional Advisory Committees) - Federal agencies such as: Transport Canada (TC), VFPA, Pacific Pilotage Authority (PPA), Fisheries and Oceans Canada (DFO), and the Canadian Coast Guard (CCG)

Coastal Communities - Residents, particularly neighbours to Westridge Marine Terminal or ship anchorages - Business Organizations (e.g. Chambers of Commerce) - Community Groups - Royal Canadian Marine Search and Rescue Search and Rescue (RCMSAR)

Indigenous Groups - Inlet Indigenous groups - Coastal Indigenous groups in the Salish Sea

*Note, this Report does not include Indigenous engagement summary

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Marine Transportation - Engagement Summary Trans Mountain Expansion Project July 1, 2015 – September 30, 2018

3.2 Topics for Marine Transportation Engagement

Table 4: Topics for Marine Transportation Engagement

Marine Safety Marine Environment Socio - Economic Impact / Benefits - Navigation / Navigation Safety - Marine Mammal Protection - Procurement, Employment and - Vessel timing and scheduling with Program * (related to potential for Training Opportunities affected stakeholders (i.e. through vessel strikes and underwater - Tug procurement Second Narrows) noise) - WCMRC procurement and - Enhanced tug escort program - Updated Tanker Acceptance training programs - Enhanced marine spill response Standard - Increased vessel traffic for program - Marine Birds maritime industry to service in - Enhanced Situational Awareness - Air Emissions & GHG the Port of Vancouver - Boating safety near large Management - Spill Liability / compensation commercial vessels - Properties of Oil research

3.3 Website and Online Communications General information on the Project is posted on the TMEP website at www.transmountain.com.

Information related to Marine Transportation was featured on a regular basis in online communications. This includes web stories on topics such as marine safety, enhanced marine spill response, enhanced situational awareness, navigation safety, the ECHO program and the Pacific Salmon Foundation Investments.

o Marine Shipping: What’s on the Record5 o Trans Mountain’s Preparations for Increased Oil Tanker Traffic are Extensive and Detailed6 o Construction Safety Boom at Westridge Marine Terminal Protects Workers and Waterway Users7 o Navigation Safety: Extra Caution Advised for Marine Users Near Westridge Marine Terminal8

5 Trans Mountain, Marine Shipping: What’s on the Record?, October 25, 2018: https://www.transmountain.com/news/2018/marine-shipping- whats-on-the-record (Accessed October 28, 2018) 6 Trans Mountain, Preparations for Increased Oil Tanker Traffic are Extensive and Detailed, September 27, 2018: https://www.transmountain.com/news/2018/trans-mountains-preparations-for-increased-oil-tanker-traffic-are-extensive-and-detailed (Accessed October 28, 2018) 7 Trans Mountain, Construction Safety Boom at Westridge Marine Terminal Protects Workers and Waterway Users, November 8, 2017: https://www.transmountain.com/news/2017/construction-safety-boom-at-westridge-marine-terminal-protects-workers-and-waterway-users (Accessed October 28, 2018) 8 Trans Mountain, Navigation Safety: Extra Caution Advised for Marine Users Near Westridge Marine Terminal, November 9, 2017: https://www.transmountain.com/news/2017/navigation-safety-extra-caution-advised-for-marine-users-near-westridge-marine-terminal (Accessed October 28, 2018)

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Marine Transportation - Engagement Summary Trans Mountain Expansion Project July 1, 2015 – September 30, 2018

o Project has Broad Randy of Positive Impacts on the Marine Sector9 o Mike Davies: Project Benefits Include Support for Marine Jobs and Research10 o Industry Collaboration Key to Protecting At-Risk Whales11 o Your Top 5 Questions for Trans Mountain Expansion Project for Coastal Communities12 o Risk is a combination of probability and consequence13 o Focus on Marine Conditions14 o Your Top 7 Questions on Marine Safety15 o Marine Safety: Enhancements Already Underway in Local Waters16 o Trans Mountain’s Marine Safety Proposals Go Above and Beyond Existing Requirements17

Links to stories featured during this reporting period were re-circulated via social media (@TransMtn on Twitter and Facebook) and the TMEP weekly e-newsletter: Trans Mountain Today.

3.4 Advertising Advertising campaigns – both traditional (print) and digital - in support of engagement activities have been in place since August 2015 to help inform the general public and stakeholders about the Project. For the purposes of this reporting period, between July 2015 and July 2017, the advertising approach focused on informing the general public about Project benefits, relevant construction information, environmental initiatives and regulatory requirements. A sample of the print and online advertising is in Appendix A.

3.4.1 Television Advertising

9 Trans Mountain: Project has Broad Range of Positive Impacts on the Marine Sector, June 8, 2017: https://www.transmountain.com/news/2017/project-has-broad-range-of-positive-impacts-on-the-marine-sector (Accessed October 28, 2018) 10 Trans Mountain, Project Benefits Include Support for Marine Jobs and Research, May 19, 2017: https://www.transmountain.com/news/2017/mike-davies-project-benefits-include-support-for-marine-jobs-and-research (Accessed October 28, 2018) 11 Trans Mountain, Industry Collaboration Key to Protecting At-Risk Whales, August 25, 2016: https://www.transmountain.com/news/2016/industry-collaboration-key-to-protecting-at-risk-whales (Accessed October 28, 2018) 12 Trans Mountain, Your Top 5 Questions for Trans Mountain Expansion Project for Coastal Communities, August 17, 2016: https://www.transmountain.com/news/2016/your-top-5-questions-about-the-trans-mountain-expansion-project-for-coastal-communities (Accessed October 28, 2018) 13 Trans Mountain: Risk is a Combination of Probability and Consequence, August 4, 2016: https://www.transmountain.com/news/2016/video- insight-risk-is-a-combination-of-probability-and-consequence (Accessed October 28, 2018) 14 Trans Mountain, Focus on Marine Conditions, July 14, 2016: https://www.transmountain.com/news/2016/focus-on-conditions-marine (Accessed October 28, 2018) 15 Trans Mountain: Your Top 7 Questions on Marine Safety, June 23, 2016: https://www.transmountain.com/news/2016/your-top-7-questions- on-marine-safety 16 Trans Mountain, Marine Safety: Enhancements Already Underway in Local Waters, August 11, 2016: https://www.transmountain.com/news/2016/marine-safety-enhancements-already-underway-in-local-waters (Accessed October 28, 2018) 17 Trans Mountain: Trans Mountain’s Marine Safety Proposals Go Above and Beyond Existing Requirements, January 16, 2016: https://www.transmountain.com/news/2016/trans-mountains-marine-safety-proposals-go-above-and-beyond-existing-requirements (Accessed October 28, 2018).

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Marine Transportation - Engagement Summary Trans Mountain Expansion Project July 1, 2015 – September 30, 2018

Trans Mountain undertook television advertising to share more information about the company, its values and safety information related to its activities. In 2015 and 2016, three TV ads were created and distributed related to marine transportation.

TV Ad Screenshot Trans Mountain People Behind the Pipeline: Marine Safety

June 23, 2016 Featuring: Michael Davies, Trans Mountain Vice President of Operations and Bikramjit Kanjilal, Master Mariner and Trans Mountain Director of Marine Development18

Trans Mountain People Behind the Pipeline: Keeping our Waters Safe

September 8, 2016 Featuring: Captain Rob Scott, Loading Master, Westridge Marine Terminal – Tanker Acceptance Standard19

Trans Mountain People Behind the Pipeline: Spill Response on the West Coast

July 27, 2015 Featuring: Chris Badger, Master Mariner and Retired Harbour Master / Stephen Brown, President Chamber of Shipping of BC]20

18 Trans Mountain Television Advertisement: People Behind the Pipeline, Marine Safety, June 23, 2016: https://www.youtube.com/watch?v=20eneBKnGig (Accessed October 28, 2018) 19 Trans Mountain Television Advertisement: People Behind the Pipeline, Keeping our Waters Safe, September 8, 2016: https://www.youtube.com/watch?v=sqST8-ruGJI (Accessed October 28, 2018) 20 Trans Mountain Television Advertisement: People Behind the Pipeline, Spill Response on the West Coast, July 27, 2015: https://www.youtube.com/watch?v=xjIk5XMDXOY&index=13&list=PLHefVR9Rn_Kkrr0vwhDn6_IGoHWrkxR4G (Accessed October 23, 2015)

Page 10 Attachment 8.2.1 Marine Transportation - Engagement Summary Trans Mountain Expansion Project July 1, 2015 – September 30, 2018

3.4.2 Print Advertising

In 2016, Trans Mountain published a series of advertorial columns in both the North Shore News and Burnaby Now. This was in part to inform communities close to Westridge and Burnaby Terminal about the start of construction (i.e. raising brand awareness, promoting contact information and sharing facts about the expansion).

Table 5: Advertorials published in Burnaby and North Vancouver from 2016-2017

TOPIC SUBJECT EXPERT (Author) PUBLICATION & DATES NEB Recommendation Ian Anderson – President, Kinder North Shore News: June 1, 2016 Morgan Canada TM Burnaby Now: July 29, 2016 Marine Safety Michael Davies – Senior Director of North Shore News: June 17, 2016 Marine Development, TM Marine Environment Michael Davies - Senior Director of North Shore News: July 29, 2016 Marine Development, TM Marine Safety Enhancements Bikram Kanjilal – Lead, Marine North Shore News: August 12, 2016 Development, TMEP Project Engagement – including boating Ian Anderson – President, TM North Shore News: August 26, 2016 safety Burnaby Now: August 26, 2016 Marine Spill Response - WCMRC Michael Davies - Senior Director of North Shore News: September 9, 2016’ Enhancements Marine Development, TM Burnaby Now: September 9, 2016 Emergency Response James Kereliuk – Director, Emergency North Shore News: October 7, 2016 Management, TM Aboriginal Engagement Ian Anderson – President, KMC North Shore News: November 4, 2016 Burnaby Now: November 4, 2016 Marine Environment - KMC Michael Davies - Senior Director of North Shore News: November 18, 2016 participation in Green Marine Marine Development, KMC Burnaby Now: November 18, 2016 Federal Decision Ian Anderson, President, KMC North Shore News: December 2, 2016 Burnaby Now: December 2, 2016 Project Benefits Include Support for Michael Davies – Senior Director of WEBSTORY – May 19, 2017 Marine Jobs and Research Marine Development

In July 2017, advertising shifted to focus on construction notification to help ensure the public is aware of upcoming construction activities, potential impacts and how to contact the Project team to find out more information if needed. Despite the focus on construction, marine safety, particularly on the topic of boating safety, will remain a consideration for future advertising allocation; particularly during boating season.

3.5 Media Relations Trans Mountain manages a high volume of media requests each month on a variety of topics; however, marine transportation has remained of frequent interest to local, national and international media. Trans Mountain hosts a media centre online via the website:

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Marine Transportation - Engagement Summary Trans Mountain Expansion Project July 1, 2015 – September 30, 2018 https://www.transmountain.com/media-centre where press releases, access to an image gallery and b-roll can be made available for media.

In addition to mainstream media, Trans Mountain is in regular contact with the local newspapers as well as trade publications familiar to the BC maritime sector.

3.6 Stakeholder Engagement Activities – Marine Transportation Meetings with stakeholders were sought proactively as part of anticipating key issues for stakeholders regarding marine transportation. Meetings were held with stakeholders to inform NEB condition compliance reports as well as to maintain relationships with stakeholders, share information on project progress and keep track of new developments in shipping safety and environmental best practices.

For this reporting period, a total of 152 engagement events were recorded with individual stakeholders or stakeholder groups; 105 were meetings, 15 were presentations or site tours and 28 other events involved updates through attendance and participation in multi-stakeholder events.

Table 6: Westridge Marine Terminal Update Engagement Events

July 1, 2016 – September 30, 2018 Engagement Event Type Number of Events

Multi-Stakeholder: Large Group Meetings 4 Multi-Stakeholder: Conference (incl. presentations or panel) 20 (11) Multi-Stakeholder: Breakfast / lunch / dinner / reception / other event 8 Multi-Stakeholder: Public Info Session 2 Presentation: Tour (incl. Media only tours) 7 (4) Meeting: Presentation / workshop 8 Meeting: By phone (bilateral or small group) 12 Meeting: In-person (bilateral or small group) 89 Webinar 2 TOTAL 152

A summary of engagement events for the reporting period July 1, 2015 to September 30, 2018 is provided in Appendix B of this report.

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Marine Transportation - Engagement Summary Trans Mountain Expansion Project July 1, 2015 – September 30, 2018

3.6.1 Themes of engagement identified for this reporting period For the purposes of this report, and in recognition of key topics identified in Section 2.2, engagement on marine transportation typically has been described by the following key themes, most associated with regulatory conditions of approval. • Marine Safety - Condition 133: Marine Shipping-related Commitments o Enhanced Tug Escort o Enhanced Spill Response Regime • Navigation Safety – NEB Condition 48: Navigation / Navigation Safety Plan • Marine Mammals – NEB Condition 132 : Marine Mammal Protection Program • Marine Birds – Commitment ID 531: marine bird monitoring • Boating Safety for Recreational Vessel Traffic – NEB Condition 131: Marine Public Outreach & BCEAO Condition 11: Marine Public Outreach for Indigenous Groups • Fate and Behaviour of Oil / Spill Response – BCEAO Condition 35 • Greenhouse Gas Emissions (GHGs)

3.6.2 Engagement Activities

3.6.2.1 Boating Safety near Deep Draft Commercial Vessels

Prior to this reporting period, much has been communicated to coastal communities and to those who operate along the established shipping lanes where Project related tankers will transit, including engagement through the Technical Review Process of Marine Terminal Systems and Transshipment Sites (TERMPOL), meetings with terminal operators in (east and west of second narrows), presentations to commercial fishing representatives and through TMEP’s on-going dialogue with the Chamber of Shipping for British Columbia (COSBC) and other key associations in BC’s marine shipping sector.

The NEB Recommendation report of May 2016 (NEB Filing ID 877045) suggested a condition be imposed regarding Marine Public Outreach to help mitigate future interactions between waterway users and vessel traffic. As such, an execution plan for the Marine Public Outreach Program was developed in July of 2016 to guide activities and provide platform to review progress in sharing information. Regulators engaged in the development of the plan and supporting materials include members of the TERMPOL Review Committee such as Transport Canada, the Pacific Pilotage Authority, BC Coast Pilots, Canada Coast Guard, and the Port of Vancouver. Since that time, the program has evolved in order to meet related National Energy Board (NEB) Conditions related to safety and marine shipping (i.e. NEB Conditions 48, 131 and 133), as well as Indigenous and stakeholder concerns raised to date.

Trans Mountain continues to engage and facilitate dialogue with coastal communities, Indigenous groups and those who operate on the waterways of the commercial shipping corridor common to vessels calling at the Westridge Marine Terminal. As a program, the content

Page 13 Attachment 8.2.1

Marine Transportation - Engagement Summary Trans Mountain Expansion Project July 1, 2015 – September 30, 2018 and delivery will continue to adapt and evolve based on performance of initiatives to date. Examples of materials developed and distributed can be found in Appendix C.

Trans Mountain engaged with commercial fishery representatives in Burrard Inlet in September 2015 to review marine aspects of the Project and discuss any of their potential concerns. A presentation was made to Fish Safe Committee on September 17, 2015 and Trans Mountain met with senior managers of the Canadian Fishing Company (CANFISCO) and the Area B (Salmon) Harvest committee (Seiners) on January 25, 2016. Fishermen commented on safety of their operations in proximity to deep draft vessels, voluntary AIS tracking of small vessel craft, and restrictions they face operating in shipping lanes, particularly in the Strait of Juan de Fuca. Some expressed interest in a WCMRC Vessel of Opportunity (VOO) program and were open to re-engage with WCMRC since their participation in the Fisherman Oil Spill Emergency Team (FOSET). They were directed to WCMRC in follow up. A copy of the presentation notes for two of these meetings is available in Appendix D.

Trans Mountain met with Tourism Industry Association of BC (TIABC) and the Wilderness Tourism Association in November, 2015 to review their concerns highlighted in their letter of comment during the original hearing (OH-001-2014) regarding oil spills, emergency response capacity, the marine terminal location and how to prepare the industry for recovery from crisis situations.

In the fall of 2015, and again in the spring of 2016 Trans Mountain initiated outreach to key stakeholders regarding Boating Safety in Commercial Shipping Lanes. This outreach included coastal communities, harbour authorities such as Nanaimo and Victoria, and tourism associations in Vancouver, Victoria and other locations. Uptake on meetings offered was low, but Trans Mountain has received good feedback on materials and efforts made to date to reach marine waterway users. Overall, user groups felt there was already a lot of material “in market” about boating safety; Trans Mountain was encouraged to help extend the reach of existing materials instead of creating new materials to compete. A meeting with the BC Marine Trails Network / Salish Sea Marine Trail was also very informative, providing a unique insight as to the challenges of paddling through busy commercial waterways like English Bay. Trans Mountain answered questions and passed on contacts for other maritime agencies such as the Canadian Coast Guard and Transport Canada so they could follow up on behalf of their members.

In May of 2018, Trans Mountain participated in the promotion of boating safety week. Email communication issued to marine stakeholders and Indigenous groups included promotion of boating safety information – and the information was also featured on the Trans Mountain website,21 as well as the e-newsletter and social media channels.

21 Trans Mountain, Safe Boating Week, an Opportunity for Small Vessel Operators to Focus on Safe Navigation Skills, May 22, 2018: https://www.transmountain.com/news/2018/safe-boating-week-an-opportunity-for-small-vessel-operators-to-focus-on-safe-navigation-skills (Accessed October 27, 2018)

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Marine Transportation - Engagement Summary Trans Mountain Expansion Project July 1, 2015 – September 30, 2018

3.6.2.2 Navigation / Navigation Safety

As per NEB Condition 48 (Navigation and Navigation Safety Plan – Filing ID A90948) and VFPA requirements with respect to the VFPA permit for Westridge Marine Terminal (PER 15-322),22 Trans Mountain is responsible for communicating with marine waterway users about potential Project impacts to navigable waters. From a marine perspective this includes the construction and site operation of Westridge Marine Terminal. Trans Mountain maintains regular contact with vessel operators visiting the terminal, as well as industry and relevant authorities overseeing marine traffic to ensure safety information is conveyed about changes to the waterway as a result of Westridge Marine Terminal construction.

With the start of Westridge construction in September 2018, Trans Mountain issued periodic marine stakeholder updates to communicate key vessel transits to and from the site as a result of key changes in construction phases; this was a commitment made in the filing of the marine construction staging plan with the Vancouver Fraser Port Authority (VFPA) – Condition 23 of the VFPA Permit (PER 15-322). The updates were issued to regulatory agencies (e.g. VFPA, Transport Canada, CCG/MCTS, and DFO), industry representatives (ship agents, tug operators, pilots, neighbouring terminals, the Chamber of Shipping of BC (COSBC) and the Shipping Federation of Canada); as well as other key stakeholders with interests along the waterway, east of Second Narrows in Burrard Inlet. The updates described key construction progress at Westridge Marine Terminal to date, upcoming construction activities, the coordinates for marine construction safety boom defining the perimeter of the site; as well as contact information for vessels seeking access to Westridge. Key information contained in the updates was also made available online at https://www.transmountain.com/navigation-safety. Updates provided and a copy of the public webpage can be found in Appendix E.

3.6.2.3 TERMPOL Review Committee Meetings

During the Project review during the first hearing (OH-001-2014), Trans Mountain requested a voluntary Technical Review Process of Marine Terminal Systems Transshipment Sites (TERMPOL). A TERMPOL Review Committee (TRC) has been chaired by Transport Canada including representatives of other federal departments and authorities with responsibilities related to safe marine transportation. The TRC reviewed submissions regarding the safety and risks associated with tanker movements to, from and around Westridge Marine Terminal resulting from the Project. The TRC released its findings in a report submitted to the NEB on December 11, 2014 which can be found on the Project and NEB websites (NEB Filing ID A64923).

22 Vancouver Fraser Port Authority development permit for Westridge Marine Terminal (PER 15-322): https://www.portvancouver.com/development-and-permits/status-of-applications/kinder-morgan-westridge-marine-terminal-upgrade-and- expansion-project/ (Accessed October 27, 2018)

Page 15 Attachment 8.2.1

Marine Transportation - Engagement Summary Trans Mountain Expansion Project July 1, 2015 – September 30, 2018

Since July 1, 2015, Trans Mountain has continued to meet with the TRC and has since featured aspects of the TRC findings on the Project blog (see samples in Appendix F) as well as engaged with marine stakeholders on some of the follow up actions resulting from the TERMPOL Review Committee report recommendations. More information about the TERMPOL process is available at www.transmountain.com/TERMPOL.

3.6.2.4 Second Narrows Transits

In December of 2015 Trans Mountain reached out to terminal operators east of the Second Narrows in Burrard Inlet to offer an update on the Project and discuss any of their concerns (outreach materials are available in Appendix G). There was very low response to the offer compared to outreach efforts in 2013 and 2014 with this audience. A meeting was held with Island Tug and Barge on February 12, 2016 where a Project overview was provided and the available transit windows for shipping traffic through the Movement Restricted Area of Second Narrows was discussed along with portions of the TERMPOL filing (see Attachment 1 to Response to Port of Vancouver IR No. 1.2.1, filing ID A3X6V5).

3.6.2.5 Shipping Agent Meetings

Trans Mountain holds regular meetings with shipping agents and other key members of marine industry involved in the movement of tankers. In 2016, 2017 and 2018, Trans Mountain has met twice a year with ships’ agents with responsibility for vessels calling at Westridge Marine Terminal. Issues reviewed included terminal expansion update, security protocols on water and at Westridge Marine Terminal gates; as well as updated enhancements to the vessel acceptance criteria. Over the years, ship agents have been requested to share information about ECHO Program activities such as the Haro Strait Slow Down Trial (2017) and voluntary initiative (2018), the Strait of Juan de Fuca Lateral Displacement Trial (2018);23 as well as publications such as the underwater noise bridge poster24 and Mariner’s Guide to Whales and Porpoises on the West Coast.25

3.6.2.6 Other Third Party Marine Industry Engagement

On a regular basis Trans Mountain participates in COSBC committees: Navigation and Pilotage Committee and Owners’ Committee. As a result Committee members are provided updates on current Westridge Marine Terminal matters as well as other information about TMEP.

23 Enhancing Cetacean Habitat and Observation (ECHO) Program, Underwater Vessel Noise Reduction Initiatives: https://www.portvancouver.com/environment/water-land-wildlife/echo-program/2018-underwater-vessel-noise-reduction-initiatives/ (Accessed October 28, 2018) 24 Enhancing Cetacean Habitat and Observation (ECHO) Program, Bridge Poster / Underwater Noise Infographic, April 2016: https://www.portvancouver.com/echo-program-underwater-noise-infographic-april-2016/ (Accessed October 28, 2018. 25 Coastal Ocean Research Institute, Mariner’s Guide to Whales, Dolphins, Porpoises of Western Canada, 2016: https://www.portvancouver.com/wp-content/uploads/2017/07/Mariners-Guide-to-Whales-Dolphins-Porpoises-of-Western-Canada.pdf (Accessed October 28, 2018)

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Marine Transportation - Engagement Summary Trans Mountain Expansion Project July 1, 2015 – September 30, 2018

Condition 91: Plan for the Implementation of Marine Shipping-related Commitments was filed in June 2017 (A84433). Condition 91 describes the execution plan for the implementation of Condition 133, namely the implementation of the enhanced spill response regime, and the enhanced tug escort Trans Mountain committed to. Trans Mountain consulted on the Condition 91 plan in the early to late spring of 2017 with the following key stakeholders: • TERMPOL Review Committee • Western Canada Marine Response • Pacific Pilotage Authority Corporation • BC Coast Pilots • International Shipowners Alliance of • Fisheries and Oceans Canada / Canada Canadian Coast Guard • Chamber of Shipping of BC • BC Ministry of Transportation and • Shipping Federation of Canada Infrastructure • Council of Marine Carriers • Clear Seas

All stakeholder meetings for this reporting period are available in Appendix B. With Condition 91 filed, Trans Mountain is focused on the successful implementation of marine shipping related commitments of Condition 133. Trans Mountain will continue to engage with these groups and many others involved in the marine safety regime.

3.6.2.7 Marine Emergency Response

To meet NEB regulatory requirements of TMPL, which stipulates a full-scale emergency exercise to be conducted every three years, Trans Mountain has undertaken training for a full- scale credible worst-case oil spill at Westridge Marine Terminal every three years.

For this reporting period, full scale exercises were hosted in October 2015 and September 2018. Over 200 individuals participated in the exercise, from Trans Mountain, Western Canada Marine Response Corporation (WCMRC), local, provincial and federal official, local Indigenous, other first responders and key public safety and wildlife management agencies. Combined with the exercise, beginning in 2015, Trans Mountain facilitated a large-scale observer program to increase stakeholder awareness of the Incident Command System, and provide behind the scenes access to the exercise, including guided tours and subject matter experts to answer questions throughout the day. Feedback from observer program participants has been largely positive, providing opportunity for stakeholders to gain access and insight to emergency exercises who might not otherwise get the opportunity.

Since 2014 Trans Mountain has hosted a booth at the annual Emergency Preparedness and Business Continuity Conference26 held in Vancouver, BC. In the last few years Trans Mountain has been a gold level sponsor, using the opportunity to engage with community emergency

26 Emergency Preparedness and Business Continuity Conference, Vancouver, 2017: http://epbcconference.ca/showcontent.aspx?MenuID=6855 (Accessed October 27, 2018)

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Marine Transportation - Engagement Summary Trans Mountain Expansion Project July 1, 2015 – September 30, 2018 managers to share information about the project, and Trans Mountain’s approach to enhancing the emergency management program. WCMRC has also attended and made presentations at this conference in the same time period about marine emergency response, in particular the enhancements coming under the Trans Mountain Enhanced Oil Spill Response Program, announced jointly with Trans Mountain in September 2016.27

Trans Mountain engages with stakeholders about the investments made to enhance the spill response capacity and response time of WCMRC; which is a topic of high interest to many stakeholders. WCMRC has been undertaking its own engagement program; connecting with communities as part of its new Coastal Response program (CRP).28 The CRP is founded on a partnership with coastal communities whereby coastal Indigenous and non-Indigenous communities can get involved in spill response in a variety of avenues such as coastal mapping and GRSs, vessels of opportunity (VOO), contractor services and supply, coastal response packages, and community education and engagement.

In May 2018, the President of Trans Mountain received a letter from the Mayor and Council of the Corporation of the Municipality of Delta, BC; all municipalities within Metro Vancouver, the Premier, local MLAs and the MP from Delta were copied on the letter. The letter expressed support for the Province of BC’s reference case to the courts for BC to “clarify its jurisdiction to protect the coast;” the letter also sought confirmation that City of Delta and its taxpayers will not incur any costs resulting from a spill affecting the shoreline. Trans Mountain responded by letter, copying all Metro Vancouver municipalities, to affirm Canada’s spill liability regime for both land based (pipeline) spills and marine based (vessel) spills. A copy of the original letter and Trans Mountain’s response is available in Appendix H.

3.6.2.8 Marine Engagement with Washington State

Since the beginning of the Project (2012) Trans Mountain has maintained regular and consistent engagement with industry and regulatory representatives in Washington state due to the nature of commercial shipping through the shared waters in the Salish Sea. Many of the marine issues explored as part of TMEP’s assessment of marine transportation are of interest to U.S. counterparts as well.

Trans Mountain continues to engage with marine stakeholders in the United States (U.S.). In particular, regular calls and meeting with the US Coast Guard; meetings with the Washington State Department of Ecology; information sharing with the Puget Sound Harbor Safety

27 Trans Mountain / Western Canada Marine Response Corporation, Major Spill Response Investment Includes a New Base, September 8, 2016: https://www.transmountain.com/news/2016/major-spill-response-investment-includes-new-vancouver-harbour-base (Accessed October 28, 2018)

28 Western Canada Marine Response Corporation, Coastal Response Program: http://coastalresponse.ca (Accessed October 28, 2018)

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Marine Transportation - Engagement Summary Trans Mountain Expansion Project July 1, 2015 – September 30, 2018

Committee, representation at key events as invited or advised by Washington state stakeholders, and review and comments on key reports and publications. Of note, since July 1, 2015, Trans Mountain has participated in the following U.S. events and activities to engage with local stakeholders to share project information, answer questions or concerns, and, participate in U.S.-led engagement on marine shipping matters:

• U.S. Coast Guard (USCG). Early in the Project, Trans Mountain established regularly monthly calls with Sector Puget Sound and District 13 representatives to share information and discuss marine-related initiatives. Approximately seven meetings by phone have occurred since the start of this reporting period (July 1, 2015). Trans Mountain invited Transport Canada and Canadian Coast Guard to participate; they began joining the phone calls in 2016.

• US Consul General Vancouver. In-person Project update and Washington state engagement report was provided to Consul General and key staff on February 28, 2017.

• Washington State Department of Ecology (WA DOE). WA DOE have been an active participant in TMEP meetings north and south of the border. During this reporting period, Trans Mountain provided in-person Project updates with Spills Program representatives in November 2016 and shared Project information via email. Following this reporting period, Trans Mountain also shared information with WA DOE in a meeting in October 2018.

• Washington State Legislature. Trans Mountain provided Project updates to relevant legislative committees during legislative session reviews of oil transportation safety. This includes presentation in early 2016 to a joint work session with Senate Energy, Environment and Telecommunications and the House Environment Committee regarding the oil spill prevention and response activities for international transport of crude oil. In 2017, Trans Mountain presented to the Senate Energy, Environment and Telecommunications Committee regarding marine transportation for the Project.

• Puget Sound Harbor Safety Committee (PSHSC). PSHSC provides a proactive forum for identifying, assessing, planning, communicating, and implementing operational and environmental measures, beyond that which is in laws or regulations that promote safe, secure, and efficient use of Puget Sound and adjacent waters. The committee is made up of delegates appointed by broadly based organizations representing a span of interests focused on Puget Sound; various governmental agencies formally support the work of PSHSC in advisory roles. Trans Mountain shares information regulatory with PSHSC, as well as attends in-person meetings to provide project updates to co-chairs of the committee.

Page 19 Attachment 8.2.1 Marine Transportation - Engagement Summary Trans Mountain Expansion Project July 1, 2015 – September 30, 2018

• Clean Pacific Conferences on Spill Prevention and Response for Oil and Hazardous Materials in the Marine and Inland Environment. Clean Pacific brings together all parties responsible for prevention and response operations in the Western United States and Canada to discuss best practices and build interagency relationships vital to a successful response. Clean Pacific was designed to deliver a program that covers issues unique to the West Coast; as such, it brings together key emergency response stakeholders in the Pacific States, BC and Alaska. Trans Mountain participated in this conference in Seattle, WA in June 2016 and in Portland, OR in June 2018. Trans Mountain was represented on the conference advisory committee in 2016 and sponsored some of the conference engagement activities. At the 2018 conference, Trans Mountain presented about its work on Geographic Response Plans as part of the Emergency Management Program enhancement for TMEP.

• Pacific Northwest Economic Region (PNWER) conferences. PNWER is a statutory public/private non-profit created in 1991 by the US states of Alaska, Idaho, Oregon, Montana, Washington, and the Canadian provinces of British Columbia, Alberta, Saskatchewan, and the Yukon and Northwest Territories. Among the many goals of PNWER is to increase economic growth while maintaining the natural environment; providing a regional platform to coordinate on policies, exchange information and enhance the competitiveness of the region. The PNWER Annual Summit brings together over 500 legislators, business leaders, academics, and government representatives to address challenges to economic growth, trade, and environmental stewardship. At the invitation of PNWER, Trans Mountain presented at the annual summit in July 2017 as part of the panel titled: Transportation: Oil-Origins and Destinations; and in July 2018 as part of the Disaster Resilience Symposium.

• Salish Sea Shared Waters Forums. Trans Mountain participated in a forum hosted by the Pacific States/British Columbia Oil Spill Task Force in conjunction with the WADOE and the B.C. Ministry of Environment and Climate Change. In October 2016, following on a presentation Trans Mountain made the year prior, the workshop focused on developing and agreeing on specific actionable recommendation to enhance public safety and environmental protection by reducing the risk of oil spills from vessel traffic in the Salish Sea. After this reporting period, Trans Mountain will participate in the October 2018 forum to exchange information and discuss ideas on oil spill prevention, preparedness, and response in the Salish Sea Transboundary region.

• Ports and Waterways Safety Assessment (PAWSA). Trans Mountain participated in an invitation-only PAWSA workshop in Bellingham, WA sponsored jointly by the US Coast Guard and Transport Canada in October 2017. The PAWSA is a focused risk

Page 20 Attachment 8.2.1

Marine Transportation - Engagement Summary Trans Mountain Expansion Project July 1, 2015 – September 30, 2018

analysis used to identify major waterway safety hazards, estimate risk levels, and evaluate mitigation measures to reduce that risk.29

• Western States Petroleum Association (WSPA). Trans Mountain presented project information at the WSPA Annual Meeting in July 2015, including marine aspects to WSPA members, legislators, energy industry representatives and business leaders.

• Strait of Juan de Fuca and Puget Sound Area Vessel Traffic Safety Report. Provided extensive comments regarding the vessel traffic safety report that Ecology is required to complete by the 2018 Strengthening Oil Transportation Safety Act, in order to help inform legislators on vessel safety risk and specific safety measures.

• Makah Tribe. Trans Mountain continues to offer information to US tribes. In July 2018, Trans Mountain attended a meeting with the Makah Tribe on their lands in Neah Bay.

In addition to regular meetings with US stakeholders, Trans Mountain has also reviewed and contributed to various risk assessments, policy papers and other such consultations run by U.S. agencies with respect to commercial shipping in the Salish Sea.

3.6.2.9 Marine Birds

As described in Section 1.8.4 of Consultation Update No. 4 filed with the NEB as part of Reply Evidence in 2015 (Filing ID A72224), Trans Mountain engaged with bird research organizations (namely, Bird Studies Canada (BSC) and the Pacific Wildlife Foundation (PWLF)) to explore how the Project could contribute to a regional study on marine birds for the purposes of contributing to a BC Marine Bird Atlas. Meetings continued through 2015 and 2016, however the initiative did not proceed in 2017, BSC withdrew from discussions and PWLF resources were unavailable because of the organization’s support and deep involvement in the International Ornithological Conference in Vancouver in August 2018. Trans Mountain remains interested to contribute to marine bird monitoring in the Salish Sea that would grow the capacity of local research groups to monitor marine birds and provide a means for them to contribute to a regional marine bird baseline program. In 2017 Trans Mountain engaged industry (tug operator and response organization) to gauge support for marine bird monitoring using commercial vessels. There is a willingness to contribute, but a dedicated vessel would give researchers the most flexibility. Trans Mountain remains committed to support an already established, regional

29 Navigation Centre of Excellence - Ports and Waterways Safety Assessment Workshop Guide: https://www.navcen.uscg.gov/?pageName=pawsaGuide (Accessed October 27, 2018)

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Marine Transportation - Engagement Summary Trans Mountain Expansion Project July 1, 2015 – September 30, 2018 initiative (Commitment ID 531),30 and will continue to pursue the opportunity with locally interested groups.

3.6.2.10 Marine Mammals

Trans Mountain has conducted extensive stakeholder and Indigenous engagement since the Project was announced in May of 2012. Impacts from increased shipping was a key area of concern for many stakeholders. In particular concerns often centered around three key themes: 1) managing risk (marine safety regime), 2) emergency response (community resources, capacity and response time in case of oil spills); and 3) Potential impacts to marine wildlife with increased vessel activity.

In light of Trans Mountain’s own determinations about potential impacts of significance to the 31 Southern Resident Killer Whale (SRKW), the Project committed to work with industry and stakeholders to mitigate Project effects on marine mammals such as SRKW, to the extent possible.

As required by NEB Condition 132, Trans Mountain must develop a Marine Mammal Protection Program in an effort to mitigate the impacts of Project tankers on marine mammals in the active shipping lanes of the Salish Sea. As part of the MMPP, Trans Mountain has contributed to a number of the ongoing southern resident whale recovery strategies and strives to address three key threats to the southern resident killer whale SRKW population (lack of prey, contaminants and anthropogenic effects such as underwater noise) in the plan. The MMPP will be filed with the National Energy Board three months prior to Project operations, however the MMPP is meant to be a living document, to be updated and adapted on a regular basis so as to manage, monitor and mitigate Project effects.

Trans Mountain has a continued interest to participate in multi-party solutions as the most appropriate approach to managing effects on southern resident killer whale. To help identify new best practices, technologies and mitigations for shipping impacts on marine mammals, Trans Mountain funded a multi-year agreement with the VFPA, which provided $1.6 million to the Enhancing Cetacean Habitat and Observation (“ECHO”) Program to support its research and mitigation development initiatives. Trans Mountain is not involved in program development or governance, and its financial support was not contingent on the regulatory approvals or the final investment decision to proceed with the Project. Trans Mountain continues to engage with ECHO to track key developments from program research, and to assist in promoting ECHO program initiatives to ship agents, vessel operators and product shippers. For example, Trans

30 Trans Mountain’s compliance filing to Condition 6 – Commitments Tracking Table. Please see Commitment 531 The most recent commitment tracking