MAJOR PROJECT AGREEMENT

For the NOVA Gas Transmission Limited (NGTL)

2021 System Expansion Project (the Project)

1. PREAMBLE

On February 27, 2018, NOVA Gas Transmission Ltd. (the Proponent or NGTL) filed a project

description with the National Energy Board (NEB or Board). The project description detailed

NGTL’s proposal to expand the existing NGTL pipeline system in Alberta by adding

approximately 350km of pipeline and 3 compressor stations between Grande Prairie and Rocky

Mountain House, Alberta. All together, the pipelines, compressor stations, and related

components are known as the NGTL 2021 System Expansion Project (the Project). On 20 June

2018, NGTL submitted its Application for the Project (Project Application).

The Project is a Designated Project under Regulations Designating Physical Activities and

requires an Environmental Assessment (EA) pursuant to the Canadian Environmental

Assessment Act, 2012 (CEAA 2012). The Project also requires a Certificate of Public

Convenience and Necessity (Certificate or CPCN) pursuant to the National Energy Board Act

(NEB Act).

The Project also may require other Statutory Authorizations under federal statutes.

2. PURPOSE

This Agreement outlines the terms of when and how federal organizations agree to work together

to facilitate a coordinated, timely, transparent and predictable Project Review for the benefit of

the proponent, the general public, and Indigenous1peoples whose asserted or established

Indigenous or Treaty rights may be impacted, and other potential interested parties.

3. DEFINITIONS

The following terms are defined within the context of the Agreement.

3.1 Environmental Assessment (EA): The assessment, pursuant to CEAA 2012, of a

designated project’s expected environmental effects.

3.2 Entity/Entities: The group or collective that represents an Indigenous people whose

asserted or established Indigenous rights are potentially impacted by the Project.

1 “Indigenous” has the meaning assigned by the definition of Aboriginal peoples of Canada in subsection 35(2) of

the Constitution Act, 1982:

(2) In this Act, "aboriginal peoples of Canada" includes the Indian, Inuit and Métis peoples of Canada.

3.3 Federal Authority (FA): A federal minister or a federal department/agency2 as defined in

section 2 of CEAA 2012 that provides specialist or expert information or knowledge to the

NEB in support of the EA or to another Regulator in support of a Statutory Authorization.

3.4 Consultation with Indigenous peoples: The work by the NEB and other federal

departments and agencies to consult with Indigenous peoples whose asserted or established

Indigenous rights may be impacted by federal conduct in relation to the Project.

Consultation with Indigenous peoples may include any potential accommodation for the

expected impacts of the federal conduct on asserted or established Indigenous rights.

3.5 Crown’s Consultation and Accommodation Report (CCAR): A report prepared by

NRCan to inform the Crown’s assessment of the adequacy of consultation with potentially

affected Indigenous peoples and communities. The Report will outline all of the NEB’s

activities regarding Consultation with Indigenous peoples that took place within the NEB

assessment and the results in terms of addressing issues and concerns raised. It will

describe any potential additional Crown consultation activities carried out to fill any gaps

and outlines the outcomes of these activities.

3.6 List of Indigenous peoples to be consulted: The list of Indigenous peoples that will be

consulted on this Project.

3.7 Indigenous Rights. Any asserted or established rights recognized or affirmed by section

35 of the Constitution Act, 1982.3 This term includes Aboriginal and Treaty rights.

3.8 Interdepartmental Working Group (IWG): A working group which may be established

if the Governor in Council approves the Project. This working group shares information on

each Party’s work in relation to authorizations and permits. The IWG will be chaired by

the Major Projects Management Office (MPMO) and comprised of a representative from

each of the Regulators. The chair will convene the IWG on an as-needed basis.

3.9 Interim Approach: The Government will collectively review the Project in line with the

Interim Approach, in place since January 2016, guiding Government decisions on major

project reviews initiated and continuing under CEAA 2012.

3.10 MPMO Project Tracker: The Major Project Management Office’s (MPMO) public

website that tracks the progression of projects through the regulatory system.

2 This includes Fisheries and Oceans Canada (DFO), as per the Memorandum of Understanding between the National Energy Board and Fisheries and Oceans Canada for Cooperation and Administration of the Fisheries Act and the Species at Risk Act Related to Regulating Energy Infrastructure. 3 Section 35 of the Constitution Act, 1982, reads in full:

35(1) The existing aboriginal and treaty rights of the aboriginal people in Canada are hereby recognized and affirmed.

(2) In this Act, “Aboriginal Peoples of Canada “includes the Indian, Inuit, and Métis Peoples of Canada. (3) For greater certainty, in subsection (1), “treaty rights” includes rights that now exist by way of land

claims agreements or may be so acquired. (4) Notwithstanding any other provision of this act, the aboriginal and treaty rights referred to in

subsection (1) are guaranteed equally to male and female persons.

3.11 NEB Process Advisor: NEB staff who assist the public to participate in the Project review

by addressing public enquiries and providing information on the NEB Assessment process.

3.12 NEB Public Record: The public record maintained by the NEB of the evidence submitted

by the proponent and the participants during the NEB Assessment of the Project, and

includes the Hearing Order, Information Requests, and procedural decisions.

3.13 NEB Recommendation Report. A document setting out the NEB’s EA of the Project,

including any EA conditions and the NEB’s recommendation to the Governor in Council

(GiC) for consideration and decision, as well as the Board’s decisions under the NEB Act

on the Project. The Recommendation outlines consultations with Entities undertaken

through the NEB assessment, and provides an overview of the views of participants and the

NEB on the project including a summary of the evidence filed. The Recommendation is

accompanied by any conditions necessary for the Project.

3.14 NEB Assessment: The work undertaken by the NEB to assess the Project’s application for

a Certificate of Public Convenience and Necessity under the NEB Act and an EA under

CEAA 2012 up to and including the issuance of a Recommendation Report to the GiC.

3.15 NEB Enhanced Indigenous Engagement Program: The Board’s Enhanced Indigenous

Engagement (EIE) Program involves proactive contact with Indigenous peoples that may

be affected by a proposed project, including those groups that have claimed or asserted the

right to use the land for traditional purposes within the project area. One of the objectives

of the program is to share early information about projects, the NEB review process, and

the NEB’s Participant Funding Program (PFP), and to be available to visit Entities, face-to-

face and upon request, to provide this information and to answer questions about the NEB

review process.

3.16 Participant: Any individual or group (who might have an authorized representative) who

may be directly affected by the Project or has relevant information and expertise in relation

to the Project, and who has been granted standing by the NEB to participate in the NEB

Assessment.

3.17 Parties: The signatories to this Agreement.

3.18 Project Review: The work undertaken by the NEB and Regulators beginning with the

filing of the Project’s application with the NEB, and concluding when the Project’s final

federal Statutory Authorizations are issued.

3.19 Regulator: A federal minister, federal department, federal agency or federal board with a

specific authority for issuing a Statutory Authorization on the Project, including an

authorization pursuant to the NEB Act, after the NEB Assessment is complete.

3.20 Statutory Authorization: Any statement, certificate, order, permit, authorization, license,

exemption or regulatory amendment pursuant to any federal statutory instrument that the

Project requires to build or to operate the Project.

4. APPLICATION

4.1 The Agreement applies throughout the Project Review.

4.2 The Parties commit to fulfilling the terms of the Agreement individually and collectively.

4.3 The Agreement’s objective is to facilitate a coordinated, timely, transparent, and

predictable Project Review.

4.4 Nothing in the Agreement fetters the statutory powers or authorities, or the exercise

thereof, of any Party. For greater certainty, the Agreement is consistent with CEAA 2012,

the NEB Act and other federal acts that govern Statutory Authorizations (e.g., Fisheries

Act and Navigation Protection Act).

4.5 The Agreement implements Part I of the Cabinet Directive on Improving the Performance

of the Regulatory System for Major Resource Projects (the Directive) and its associated

Memorandum of Understanding (MOU). The Agreement is consistent with the Directive

and its MOU and does not alter those documents.

4.6 In the event of any inconsistencies between the Agreement and an Act of Parliament,

federal regulations, the Directive or the MOU, that Act, regulation, Directive or MOU will,

as the case may be, prevail over the Agreement.

5. ROLES AND RESPONSIBILITIES

The following outlines how the Parties will participate in the Project Review process.

5.1 Natural Resources Canada (NRCan): NRCan will play two roles in the Project Review.

First, it will support the Minister of Natural Resources in making a recommendation to the

GiC for consideration and decisions on the Project, including in relation to the Interim

Approach. To support this role NRCan will develop the CCAR. Second, NRCan will act as

a point of contact for the Proponent during the Project Review to provide information on

the federal review process. NRCan will apply to participate in the NEB Assessment in

order to advance these responsibilities. NRCan will support the NEB on issues related to

consultation with Indigenous peoples through the MPMO Deputy Minister Committee

structure, as required, throughout the Project Review.

5.2 National Energy Board (NEB): The NEB will assess the Project Application under the

NEB Act and will conduct, as the Responsible Authority, an EA of the Project. Throughout

the NEB Assessment, the NEB will conduct consultation with Indigenous peoples in a

manner that supports Indigenous consultation requirements of any expected Statutory

Authorization under the Interim Approach. The NEB will submit a recommendation report

to the Minister of Natural Resources. Throughout the NEB Assessment, the NEB will

enable the participation of directly affected individuals and groups, including Entities, in

accordance with applicable legislation, the rules of natural justice, and where possible the

requirements of the other Regulators. The NEB will maintain the NEB Public Record. The

NEB will provide Process Advisors to assist Participants and offer participant funding as

provided for under the terms of its Participant Funding Program. The NEB will publish

timelines for the NEB Assessment on its website.

5.2.1 Alternative Dispute Resolution: The NEB has an Alternative Dispute Resolution

(ADR) service that is available to landowners, Entities, affected stakeholders and NEB-

regulated companies to help resolve issues. This service can be provided upon request, at

any time. Further information on the NEB’s ADR services is available on the NEB

website.

5.3 Federal authorities (FAs): The FAs may apply to participate in the NEB Assessment and,

if accepted by the NEB, may provide relevant specialist information and knowledge, in

areas of authority, to the NEB during the NEB Assessment. FAs must also if requested by

the NEB pursuant to section 20 (a) of CEAA 2012 provide to the NEB Assessment

specialist or expert information or knowledge with respect to the Project.

All information and knowledge from FAs shall be filed on the NEB Public Record. All

FAs shall actively monitor the NEB Assessment to ensure timelines (e.g., filing deadlines)

are met.

Additionally, in relation to any Statutory Authorization, any FA when requested by a

Regulator will provide the Regulator with specialist information or knowledge.

5.4 Governor in Council (GiC): The GiC is, by convention, the Governor General acting on

the advice of Cabinet. The GiC makes the final decision based in part on the NEB

Recommendation Report, pursuant to the NEB Act and CEAA, 2012. In making its

decisions, the GiC can direct the NEB to issue a CPCN, dismiss the Application, or direct

the NEB to reconsider its recommendations. The GiC may also extend the legislated

timelines for the GiC to make its decisions. The GiC also determines whether the

Indigenous duty to consult has been fulfilled.

5.5 Regulators: Each Regulator will review any applicable proponent application for a

Statutory Authorization relevant to that Regulator’s authority. Each Regulator will provide

comprehensive information on how to submit a complete application for each applicable

Statutory Authorization, how the Regulator will review the application, and the

Proponent’s obligations for public engagement. Each Regulator will ensure, to the extent

required, that consultation with Indigenous peoples is conducted for each Statutory

Authorization taking into consideration existing consultation with Indigenous peoples

undertaken through the NEB Assessment. Each Regulator will meet the timelines

contained in Annex II for its respective Statutory Authorization(s).

5.6 Crown-Indigenous Relations and Northern Affairs (CIRNA): Upon request, CIRNA

will provide advice to any Party in relation to consultation with Indigenous peoples.

5.7 Training: Each Party commits to training staff on the Agreement and designing systems,

processes and procedures to support its full implementation.

6. NEB ASSESSMENT

6.1 This section describes coordination and/or collaboration activities among the Parties during

the NEB assessment process.

6.2 The NEB will provide other Regulators with a briefing on the NEB assessment process,

upon request. NEB staff will provide these briefings in accordance with the Code of

Conduct for NEB employees.

6.3 Project Application. The Proponent posted the Project application on the NEB website on

20 June, 2018.

6.4 Letter of Completeness and Hearing Order. Upon determining that a Proponent’s

Application is complete, the NEB publishes a Letter of Completeness and issues a Hearing

Order that describes the Project and provides details on the NEB Assessment. The NEB

issued the Letter of Completeness and Hearing Order for the NGTL 2021 Project on the

Public Record on December 4, 2018.

6.5 Public Participation. The NEB will seek the views of the public and enable meaningful

participation of affected parties throughout the NEB Assessment in a manner that is

consistent with the NEB Act, CEAA 2012, the Interim Approach and the rules of natural

justice including procedural fairness.

6.6 NEB Recommendation Report. The NEB Recommendation Report will set out the

NEB’s views on the Project’s potential impacts on Entities including potential impacts on

Indigenous rights. The NEB Recommendation Report will also include a summary of the

issues raised by Entities during the NEB Assessment and the responses to these issues by

the NEB, the Proponent and Participants. The NEB Recommendation Report will include

conditions and references to regulations, and may include recommendations, that, in

addition to the measures to be taken by the Proponent, seek to mitigate identified impacts.

The NEB Recommendation Report will also note any matters raised that are beyond the

mandate of the NEB.

6.7 Consultation with Indigenous peoples. The NEB will conduct consultation with

Indigenous peoples through the NEB Assessment with those identified on the List of

Indigenous peoples in a manner that is consistent with the rules of natural justice.

6.7.1 Initial List of Indigenous peoples. After receiving NEB input, NRCan prepared an

initial List of Indigenous peoples, based on available Government of Canada

information, and will file the List of Indigenous peoples on the NEB Record.

6.7.2 Initial filing. NRCan will file the letters written to the List of Indigenous peoples on

the NEB Public Record as soon as possible, once the NEB Public Record opens for

the Project.

6.7.3 Changes to the List of Indigenous peoples. NRCan may update the List of Indigenous

peoples during the NEB Assessment based on information raised during the NEB

Assessment, or additional information received from government

departments/agencies, or based on information provided by any person or Entity.

Following each such update, NRCan will file a revised List of Indigenous peoples on

the NEB Public Record as soon as possible, providing a copy of such filings to the

Proponent and entities on the List of Indigenous peoples.

6.7.4 Participation of Entities. The NEB will offer opportunities for Entities on the List of

Indigenous peoples to participate in the NEB Assessment in accordance with the

Indigenous Consultation Approach described below. On 20 September 2018, those

Entities who had applied for standing as a Participant in the NEB Assessment were

approved by the NEB for the status each Entity had requested (Intervenor or

Commentor) (A94099 – Ruling No. 1 Participation in the Hearing). In future during

the NEB assessment should an Entity file a late application to participate, the Board

will review the application and make a determination having considered the rules of

natural justice.

6.7.5 Consultation with Indigenous Peoples Approach. The NEB will:

Contact all Entities on the List of Indigenous peoples and provide information

about the NEB Assessment through its Enhanced Indigenous Engagement

Program. NEB staff will meet with any Entity that requests a meeting, to provide

more detailed information on process for the NEB Assessment, including

information on participant funding;

Invite all participants, including Entities who have standing in the NEB

Assessment, to provide input to the NEB to inform the design of the NEB hearing

process and future participation activities;

Communicate to each Entity who have standing in the NEB Assessment, the

schedule and process steps through which they will be consulted through the NEB

Assessment;

Provide funding as available through the NEB Participant Funding Program4, in

keeping with the rules and guidelines of the Participant Funding Program policy;

Provide appropriate support, including regular updates, to each Entity who has

standing in the NEB Assessment, through the NEB Process Advisor to assist them

in their participation in the NEB Assessment;

Seek to obtain, through information requests to Intervenors and the proponent:

i) detailed information and views on the potential effects of the Project on the

Indigenous rights of each Entity;

ii) details, views or recommendations on the mitigation measures that would reduce,

to the extent possible, or eliminate any effects of the Project on those rights; and

4 Participant Funding Reports are available for each NEB assessment, which provide summaries of the participant funding made available.

iii) information or views on any potential residual impacts;

during the NEB Assessment, require the Proponent to provide its information and

analysis in relation to potential impacts of the Project on Indigenous rights of

Entities, and provide the opportunity for Entities who have standing in the NEB

Assessment to provide their comments on the potential impacts;

provide for comment to all Entities who have standing in the NEB assessment,

any draft conditions the NEB is considering recommending. The NEB will

consider all comments, proposed amendments and additional conditions provided

by participants who have standing in the NEB assessment and, will detail its

consideration of these, in the NEB Recommendation Report.

undertake an analysis of any potential impacts of the Project on Indigenous rights

and include the results of the analysis in the NEB Recommendation Report. The

Report will also note any matters raised that are beyond the mandate of the NEB;

provide copies of the NEB Recommendation Report, once it is issued, to the

Entities who have standing in the NEB Assessment; and

follow, to the extent possible, relevant consultation protocols with Entities who

have standing in the NEB Assessment that have a signed protocol agreement with

the Government of Canada.

6.7.6 NEB support for Crown Consultation. The NEB will be available upon request to

assist the Crown in its meetings with Entities to explain the NEB’s oversight of the

lifecycle of the Project, its regulations and technical information regarding

conditions.

6.7.7 Consultation with Indigenous Peoples Record. The NEB will maintain the NEB

Public Record and prepare the NEB Recommendation Report, which together, will

form the Consultation with Indigenous Peoples Record, which will be publically

available for all to access on the NEB website. FAs will contribute to the

Consultation with Indigenous Peoples Record during the NEB Assessment should

they be responsible for performing additional consultation to supplement the NEB

consultation process. Should any additional record of consultation be generated by

FAs after the close of the NEB Public Record for the NEB Assessment, NRCan staff

will incorporate this, as necessary, into the Crown Consultation and Accommodation

Report.

6.7.8 NEB Recommendation Report. This document will include a description of the

consultation process with Indigenous peoples that summarizes:

Extent of participation in the NEB hearing by Entities;

Engagement of Entities by the proponent;

Views of Entities and potential impacts of the Project on Indigenous rights;

Conditions and commitments made by participants, including the proponent, to

the NEB Assessment that address potential impacts;

NEB’s understanding of the potential impacts of the Project on each Entity’s

rights and the corresponding mitigation measures;

Conclusions on the adequacy of consultation with Indigenous peoples through the

NEB Assessment; and

within an annex that includes each Entity, the NEB’s understanding of the

potential impacts of the Project on each Entity’s Indigenous rights, along with

each Entity’s specific concerns, views and input on the Project, to the extent

known, and how these impacts and concerns have been addressed. The annex will

also set out any remaining matters that are beyond the mandate of the NEB.

6.7.9 Working with Entities that are not participating in the NEB Assessment. When the

Hearing Order is issued, the NEB will send a letter to all Entities on the list of

Indigenous peoples to be consulted, that have not applied to participate in the NEB

Process, which includes a copy of the Hearing Order, contact information for the

process advisor, the link to the NEB website, and instructions as to register for

updates on the NEB Assessment. Upon request, the Process Advisor can outline the

process for late applications to participate.

7. GREENHOUSE GAS EMISSION ASSESSMENT

7.1 Environment and Climate Change Canada (ECCC): The assessment of upstream

greenhouse gases (GHGs) is an important part of the decision making process by the

Governor in Council. ECCC will ensure the completion of an assessment of the

Project’s upstream greenhouse gas (GHG) emissions. Results of the assessment will

be made publically available.

8. DETAILED ROUTE PROCESS

Should a certificate be issued and the Proponent file the required documentation for a

detailed route hearing process, the NEB will carry out the detailed route determination

process in a timely manner.

9. STATUTORY AUTHORIZATIONS PHASE

9.1 This Agreement only pertains to the review of applications for statutory authorizations –

each Regulator may be responsible for ensuring the monitoring and enforcement related to

any statutory authority it issues for the lifecycle of the Project.

9.2 NEB. Should the Project receive a Certificate of Public Convenience and Necessity, the

NEB will be the Regulator of aspects of the Project’s construction, ongoing operations and

eventual abandonment. The NEB may be responsible for assessing the Proponent’s

applications for Statutory Authorizations under the NEB Act in relation to construction and

ongoing operations of the Project. In this work, the NEB may request technical advice and

support from FAs.

9.3 FAs. Upon such a request, the FAs will provide the requested advice and support in line

with their mandates and area(s) of expertise.

9.4 Other Regulators. Should the Project receive a Certificate of Public Convenience and

Necessity, the Proponent may require other Statutory Authorizations for a number of other

aspects of the Project’s construction, ongoing operations and eventual abandonment.

9.4.1 Pre-Adjudication. Transport Canada, the NEB, Environment and Climate Change

Canada, and NRCan will each review the Project Application during the NEB

Assessment to determine whether the Proponent is likely to require a Statutory

Authorization for which it or its Minister is responsible. Fisheries and Oceans

Canada will participate in the review of the Project in accordance with Memorandum

of Understanding with the NEB5 Each of those departments that expects to be a

Regulator will notify the Proponent and provide information on the Statutory

Authorization(s) application and adjudication process(es). Each department may

notify NRCan on the scope of its likely responsibilities as a Regulator.

9.4.2 Adjudication. Each Regulator will seek to adjudicate the Proponent’s applications

for Statutory Authorizations in a manner consistent with the timelines contained in

Annex I. Each Regulator will prepare and publish a work plan to guide its Statutory

Authorization(s).

9.5 Monitoring and enforcement agreements. Two or more Regulators may enter into an

agreement whereby one Regulator agrees to administer the Monitoring and Enforcement

responsibilities of the other Regulator(s). The Regulators will share any such agreements

with the IWG and the Proponent.

9.6 Consultation with Indigenous peoples during the Statutory Authorization Phase.

Regulators will conduct consultation with Indigenous peoples on their respective Statutory

Authorization(s) during the Statutory Authorization Phase. Where appropriate, Regulators

may rely in part or in full on the consultation with Indigenous peoples conducted during

the NEB Assessment. The NEB Consultation with Indigenous Peoples Record from the

NEB assessment is publically available to all regulators on the NEB website.

9.6.1 Should additional consultation be necessary, each Regulator, except the NEB whose

process is set out in 9.6.2 below , will undertake the following consultation with

Indigenous peoples activities for its Statutory Authorization(s) while keeping the

IWG apprised of progress:

Develop a consultation plan, compile a List of Indigenous peoples and conduct

a Depth of Consultation Assessment.

5 The Memorandum of Understanding between DFO and NEB, signed December 16, 2013.

Share the consultation plan with the IWG and groups on the List of Indigenous

peoples prior to initiating Consultation with Indigenous peoples.

Consult groups on the List of Indigenous peoples per the consultation plan.

Evaluate issues and impacts.

Compile a table of expected impacts on Indigenous rights and potential

mitigation and accommodation measures.

Assess the adequacy of the consultation with Indigenous peoples.

Maintain all records associated with the consultation with Indigenous peoples

on the Statutory Authorization and share with NRCan upon request.

9.6.2 Should the NEB receive comments from Indigenous peoples in relation to a statutory

authorization sought by the Proponent from the NEB during this phase, the NEB will

consider any comments received, evaluate the issues and impacts, and respond as

appropriate. The NEB will continue to work with FAs as applicable, including

providing support to Regulators as requested or potentially required, for

consultations with Indigenous peoples required for statutory authorizations during

this phase.

9.6.3 To reduce consultation burden on Entities, Regulators may designate, through written

agreement, one Regulator to coordinate consultation with Indigenous peoples. Any

such written agreement will be shared with the IWG and the proponent.

9.7 Timelines. Regulators will provide the IWG with status updates on their adjudication of

Statutory Authorization applications as milestones towards the statutory authorizations

identified in Annex II are met or upon request of any member of the IWG.

10. ADMINISTRATION

10.1 Issues Resolution. The Parties will use their best efforts to resolve any differences of

opinion in the application of the Agreement in an effective and timely manner.

10.2 Amendments. The Agreement may be amended in writing by mutual consent of the

Parties. Where there is agreement that an amendment is warranted, NRCan will provide the

proposed amendment to the Parties through the IWG initially and through the Deputy

Minister’s Major Projects’ Management Office Committee for approval.

10.3 Termination of Agreement. At the conclusion of the Project Review, this Agreement

automatically expires.

11. SIGNATORIES

The Parties hereto have signed the Agreement, in counterpart, on the dates indicated below.

______________________________ March 03, 2019

Christyne Tremblay Date

Deputy Minister

Natural Resources Canada

______________________________ February 19, 2019

Peter Watson Date

Chair & Chief Executive Officer

National Energy Board

____________________________ February 12, 2019

Stephen Lucas Date

Deputy Minister

Environment and Climate Change Canada

______________________________ April 30, 2019

Daniel Watson Date

Deputy Minister

Crown-Indigenous Relations and Northern Affairs Canada

Annex I: NEB Assessment Milestones and Timelines

Timelines identified in the Agreement represent the time expected to be taken by federal

departments and agencies in carrying out their respective tasks for the federal review. The

timelines do not account for time taken by Participants who are not signatories to this

Agreement, such as the Proponent, or the Province.

Project Review Milestone Lead Timeline

1. Project Description submitted Proponent 28 February 2018.

2. Early engagement with

Entities

NEB 01 June 2018

3. Applications filed Proponent 20 June 2018

4. Determination of Application

Completeness, Hearing Order

and List of Issues released

NEB 4 December 2018

5. NEB Oral Hearings NEB Within 12 months of

Hearing Order release

6. NEB Recommendation

Report, including EA Decision

statement

NEB Within 15 months of

Application being deemed

complete

7. Decision on approval of the

issuance of the certificate (if

applicable)

GiC Within 3 months of the

NEB Recommendation

Report

8. Certificate of Public

Convenience and Necessity

issued, if required

NEB Following the GiC

Decision

9. Determinations related to

Statutory Authorizations, if

required

Regulators (See Annex II)

Annex II: Statutory Authorization Timelines

Regulator Decision and Timeline Anticipated Timeline (after receiving

complete application from proponent)

Natural

Resources

Canada

Natural Resources Canada will issue licenses to

work with explosives pursuant to the Explosives

Act.

Within 60 days