VIA ELECTRONIC SUBMISSION January 31, 2021 Canada Energy Regulator Suite 210, 517 Tenth Avenue S.W. Calgary, Alberta T2R 0A8 To: M. Jean-Denis Charlebois, Secretary to the Commission Dear M. Charlebois: Re: Trans Mountain Pipeline ULC (“Trans Mountain”) Trans Mountain Expansion Project OC-065 AO-005-OC-02 AO-002-XO-T260-008-2016 (Pump1) AO-002-XO-T260-009-2016 (Pump2) AO-001-XO-T260-010-2016 (Tanks) CER File: OF-Fac-Oil-T260-2013-03 61 Condition 94: Consultation Reports – Protection of Municipal Water Sources Trans Mountain’s annual report pursuant to CER Condition 94 on consultation activities related to protection of municipal water sources is attached. This report covers the period January 1, 2020 to December 31, 2020. Should you have any questions or wish to discuss this matter further, please contact the undersigned at [email protected] or (403) 514-6400. Yours truly,s Original signed by Scott Stoness Vice President, Regulatory and Compliance Trans Mountain Canada Inc. Enclosure: Condition 94: Consultation Report – Protection of Municipal Water Sources dated January 2021 Trans Mountain Doc. NO. 01-13283-GG-0000-EV-MEM-0031 Suite 2700, 300 – 5 Avenue SW Calgary, Alberta, T2P 5J2 CANADA CONSULTATION REPORT – PROTECTION OF MUNICIPAL WATER SOURCES FOR THE TRANS MOUNTAIN PIPELINE ULC TRANS MOUNTAIN EXPANSION PROJECT CER CONDITION 94 January 2021 REV 0 01-13283-GG-0000-EV-MEM-0031 Prepared for: Trans Mountain Pipeline ULC Trans Mountain Canada Inc. Suite 2700, 300 – 5th Avenue S.W. Calgary, Alberta T2P 5J2 Ph: 403-514-6400 Trans Mountain Pipeline ULC Consultation Reports – Protection of Municipal Water Sources Trans Mountain Expansion Project January 2021 TABLE OF CONCORDANCE Canada Energy Regulator (CER) Condition 94 is applicable to legal instruments OC-065 (CPCN), AO-005- OC-02 (OC-02), AO-002-XO-T260-008-2016 (Pump1), AO-002-XO-T260-009-2016 (Pump2) and AO-001- XO-T260-010-2016 (Tanks). Table 1 describes how this Report addresses the Condition requirements applicable to Project activities. TABLE 1 LEGAL INSTRUMENT CONCORDANCE WITH CER CONDITION 94: CONSULTATION REPORTS – PROTECTION OF MUNICIPAL WATER SOURCES OC-065 AO-005-OC- AO-002-XO- AO-002-XO- AO-001-XO- (CPCN) 02 T260-008- T260-009- T260-010- (OC-02) 2016 2016 2016 CER Condition 94 (Pump1) (Pump2) (Tanks) Trans Mountain must file with the CER for approval, at least 2 Table 2 and Table 2 and N/A Table 2 and Table 2 and months prior to commencing construction, and on or before 31 Table 3 Table 3 Table 3 Table 3 January of each year during construction and of the first 5 years after commencing operations, a report on Trans Mountain’s consultations with municipalities and regional districts, communities, and Aboriginal groups related to the protection of municipal and community water sources, including those courses currently relied upon and sources identified for potential future use. Each report must include: a) The name of the municipality, regional district, community, or Aboriginal group consulted; b) The methods, dates, and locations of all meetings Table 2 and Table 2 and N/A Table 2 and Table 2 and or consultations; Table 3 Table 3 Table 3 Table 3 c) A summary of all issues or concerns raised; and Table 2 and Table 2 and N/A Table 2 and Table 2 and Table 3 Table 3 Table 3 Table 3 d) A summary of any steps or measures that have Table 2 and Table 2 and N/A Table 2 and Table 2 and been or will be undertaken, including groundwater Table 3 Table 3 Table 3 Table 3 modelling or monitoring, as a result of consultations with municipalities, regional districts, communities, or Aboriginal groups. This summary must include: i. Any updates or amendments to maintenance policies, systems, programs, procedures, practices, and activities aimed at preventing pipeline releases; ii. The criteria used to identify N/A N/A N/A N/A N/A and select modelling or monitoring locations and parameters iii. Results of any modelling or Section 4.0 N/A N/A N/A N/A monitoring; iv. Any measures that have Section 4.0 N/A N/A N/A N/A been taken to address modelling or monitoring results; and v. Any measures to share or N/A N/a N/A N/A N/A to make accessible to municipalities, regional districts, communities, or Aboriginal groups data or issues that arise regarding drinking water (aquifers, groundwater, well water supplies); or In the alternatives to i. – v. Table 2 and Table 2 and N/A Table 2 and Table 2 and above, an explanation why Table 3 Table 3 Table 3 Table 3 no further action is required to address or respond to issues or concerns raised Page ii Trans Mountain Pipeline ULC Consultation Reports – Protection of Municipal Water Sources Trans Mountain Expansion Project January 2021 TABLE OF CONTENTS Page TABLE OF CONCORDANCE .................................................................................................................. II 1.0 INTRODUCTION ........................................................................................................................ 1 1.1 Commitment Management .............................................................................................. 1 2.0 PUBLIC CONSULTATION AND ENGAGEMENT ........................................................................ 2 2.1 Public Consultation – January 1, 2020 to December 31, 2020 ......................................... 2 3.0 INDIGENOUS ENGAGEMENT ................................................................................................... 4 4.0 GROUNDWATER MODELLING OR MONITORING .................................................................. 25 5.0 CONCLUSION .......................................................................................................................... 26 LIST OF TABLES TABLE 1 LEGAL INSTRUMENT CONCORDANCE WITH CER CONDITION 94: CONSULTATION REPORTS – PROTECTION OF MUNICIPAL WATER SOURCES ..................................................................................................................... ii TABLE 2 SUMMARY OF PUBLIC CONSULTATION – January 1, 2020 TO DECEMBER 31, 2020 ............................................................................................................................... 3 TABLE 3 INDIGENOUS ENGAGEMENT RELATED TO PROTECTION OF MUNICIPAL WATER SOURCES JANUARY 1, 2020 TO DECEMBER 31, 2020 ................................. 4 Page iii Trans Mountain Pipeline ULC Consultation Report – Protection of Municipal Water Sources Trans Mountain Expansion Project January 2021 1.0 INTRODUCTION Trans Mountain Pipeline ULC (Trans Mountain) submitted a Facilities Application (the Application) to the National Energy Board (now the Canada Energy Regulator (CER)) in December 2013 for the Trans Mountain Expansion Project (the Project or TMEP). On June 18, 2019, the Governor General in Council, on the recommendation of the Minister of Natural Resources, directed the National Energy Board to issue CPCN OC-065, and various Amending Orders, to Trans Mountain to permit the Project to proceed, subject to 156 conditions. CER Condition 94 requires Trans Mountain file with the CER, at least two months prior to commencing construction, and on or before 31 January of each year during construction and for the first five years after commencing operations, a report (Consultation Report) on Trans Mountain’s consultations with municipalities and regional districts, communities, and Indigenous groups related to the protection of municipal and community water sources, including those sources currently relied upon and sources identified for potential future use. Previous Consultation Reports include: • The first Consultation Report, which included all consultation completed with local governments up to April 28, 2017 and Indigenous groups up to May 1, 2017, was submitted to the CER on June 16, 2017 (Filing ID: A84464); • The second Consultation Report, which included consultation with local governments and Indigenous groups up to December 31, 2017 (Filing ID: A89712-2); • The third Consultation Report, which included consultation with local governments and Indigenous groups up to November 1, 2018 (Filing ID: A97722-1); and • The fourth Consultation report, which included consultation with local governments and Indigenous groups up to December 31, 2019 (Filing ID: A7D0Z6). This Consultation Report summarizes the CER Condition 94 consultation and engagement efforts from January 1, 2020 to December 31, 2020. 1.1 Commitment Management Trans Mountain made a number of commitments regarding the Project during the OH-001-2014 proceedings and engagement activities up to December 2020. Commitments were made to improve and optimize Project planning and mitigation measures. Trans Mountain has consolidated its commitments into a Commitments Tracking Table in accordance with CER Condition 6 and therefore the Table of Commitments in each plan has been removed. Information Requests (IRs) and engagement activities that raised discussion, but did not result in a commitment, are not included in the Commitments Tracking Table. The updated Commitments Tracking Table has been filed with the CER pursuant to CER Condition 6 and will continue to be updated as per the condition requirements; the document is available on Trans Mountain’s website at www.transmountain.com. Trans Mountain continues to monitor and track compliance with its commitments and will update, post to its website, and file with the CER updated versions of the Commitments Tracking Table according to the timeframes outlined in CER Condition 6. Commitments with specific relevance to this Consultation Report have