Compliance verification activity type: Field Inspection
Team:
Regulated company: Trans Mountain Pipeline ULC
Operating company: Trans Mountain Pipeline ULC
Province(s) / Territory(s):
Discipline(s):
Related events:
Rationale and scope:
Environmental inspection of TMEP ongoing construction at Spread 2. This inspection was led by Indigenous Monitors (IMs) from the Indigenous Advisory and Monitoring Committee (IAMC). The scope of this inspection, including determination of sites to observe, was determined by IAMC IMs. The scope was focused on Traditional Land and Resource Use (TLU) sites, watercourse crossings, and implementation of the Trans Mountain Indigenous Monitoring Program.
Compliance tool(s) used:
Facilities:
Facility Types
Life-cycle Phases
Regulatory requirements that apply to this activity:
Regulatory instrument number(s):
Observation 1 - IM Program Structure
Date & time of visit: 2020-10-27 09:30
Discipline: Environmental Protection
Categories:
Facility:
Observations:
Compliance tool used: No compliance tool used
Observation 2 - IM Training
Date & time of visit: 2020-10-27 11:00
The IAMC-CER inspection team met with Trans Mountain IMs, the Socio-Economic Lead, the Spread 2 Lead Environmental Inspector, and Chief Environmental Inspector (EI) to discuss training of TMX IMs. The following information was provided.
Observation 3 - IM Reporting
Date & time of visit: 2020-10-27 13:05
The IAMC-CER inspection team met with Trans Mountain IMs, the Socio-Economic Lead, the Spread 2 Lead EI, and Chief Environmental Inspector to discuss the IM reporting system. The following information was provided.
Observation 4 - Document Review
Date & time of visit: 2020-10-27 15:05
Observation 5 - Traditional Land and Resource Use
Date & time of visit: 2020-10-28 10:45
Observation 6 - Watercourse Crossings
McLeod River HDD entry side (West)
Observation 7 - Indigenous Monitor Observations
Date & time of visit: 2020-10-27 12:00
Discipline: Indigenous Monitoring
No Indigenous Monitor observations were received for this inspection.
Observation 8 - Information Request (IR) No. 1 - Salvageable Timber Commitment
The inspection team and Trans Mountain discussed the sharing of both salvageable and non-salvageable timber with interested Indigenous communities along Spread 2. Trans Mountain stated that timber had previously been shared with interested communities, however were uncertain if this was still the case with timber from current clearing activities (clearing along Spread 2 was estimated at 20-30% completion at the time of the inspection). CER Inspection Officers noted that Commitment 4009 is marked as complete in the Condition 6 Commitments Tracking Table.CER Inspection Officers require further information to verify compliance.
Compliance tool used: Information Request (IR)
Regulatory requirement:
Relevant section(s):
Company action required:
Trans Mountain will provide a response describing the opportunities provided to Indigenous communities so far with regards to Salvageable Timber on Spread 2, and indicate if there are further agreements in place to provide timber during current and future clearing work.
Due date: 2021-01-15
Date closed: 2021-01-26 Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.
Reason closed: Requirement met
Compliance achieved: Yes
Observation 9 - Information Request (IR) No. 2 - Chemical Treatment of Weeds in TLU Sites
TLU 22 and TLU 25 were located within high density weed areas. Trans Mountain representatives stated that noxious weeds will be handpicked or mechanically removed, and no chemical treatments will be applied within the TLU site. CER Inspection Officers require further information to verify compliance.
Trans Mountain will provide an explanation as to why requirements for application of herbicide varies between rare plants and plant harvesting sites. The response will note if consultation with communities has taken place yet to ensure that TLU sites are properly protected during herbicide application, and what the minimum timeline is for notification (e.g. weeks, before backfill and reclamation start), as well as if Trans Mountain documents this notification.
Observation 10 - Information Request (IR) No. 3 - Management of Change
During discussion and review of its Indigenous Monitoring Program, Trans Mountain representatives could not confirm that there was a management of change process in place for the IM Manual, and stated that the IM Manual would be re-sent to IMs if there were any updates made.
Trans Mountain will confirm if a management of change process has been developed for changes to the IM Program (including the IM Manual). If not, Trans Mountain will identify how changes are communicated to those involved in the program and confirm if additional training is provided.
Observation 11 - Follow-up to IR No. 3 - Management of Change
During discussion and review of its Indigenous Monitoring Program, Trans Mountain representatives could not confirm that there was a management of change process in place for the IM Manual, and stated that the IM Manual would be re-sent to IMs if there were any updates made.In its response to IR No. 3, Trans Mountain confirmed that a management of change process applies to the IM Program which involves controlled updates to the IM Manual where required. Further information is required.
Trans Mountain will confirm if the IM Manual is re-sent to all IMs for every update made or otherwise describe how updates are communicated, and confirm if any additional training on these updates is provided to IMs.
Due date: 2021-02-12
Date closed: 2021-04-26 Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.
Observation 12 - Information Request (IR) No. 4 - Quality Assurance Program (QAP)
Trans Mountain representatives indicated that the IM Program is part of the Environment Program under the QAP. CER IOs require additional information to verify compliance.
Trans Mountain will confirm if the 2020 annual internal audit of the Environment Program included the IM Program in its scope. If not, Trans Mountain will describe how it is assessing the adequacy of its Indigenous Monitoring Program.
Observation 13 - Information Request (IR) No. 5 - Reporting
The IAMC-CER inspection team learned that any issues and/or non-compliances noted by IMs are not included in IM daily reports, but are instead included in the deficiencies list. Trans Mountain representatives stated that Indigenous communities receive a monthly IM Overview Report, and some communities receive IM daily reports. The IM Overview Reports do not contain any deficiencies noted by IMs, as deficiencies are included in the deficiencies list and are not in IM daily reports. Trans Mountain stated that deficiencies are noted in the monthly construction progress reports filed with the CER under Condition 106, which are available to the public.
Trans Mountain will describe how it is meeting Condition 98 requirements in regards to providing Trans Mountain IMs with opportunity to discuss monitoring issues identified in the field with their respective communities via their reporting.
Observation 14 - Follow-up to IR No. 5 - Reporting
In its response to IR No. 5, Trans Mountain stated that IM’s observations of worksite conditions are included in their daily reports and may include observations, deficiencies, questions, or issues for follow-up. IOs note that this response differs from the response received in the field, where Trans Mountain representatives had stated that deficiencies were not included in the daily reports and instead went into an overall combined ‘deficiencies list’.Trans Mountain also provided a description of community-specific IM communications protocols by which IMs report back to their home Indigenous group. It was noted that the monthly IM Overview Reports, as of November 2020, includes a link to the Condition 106 construction report which contains all environmental events and deficiencies. The protocols may also involve sharing of IM’s daily reports and provide an opportunity for Trans Mountain to facilitate a meeting between the IMs and their home Indigenous group to discuss issues with TMEP team members including environmental and construction personnel. IOs note that IMs had stated during the inspection that they were unaware of the potential for IM daily reports to be shared with communities, and want to further confirm that this applies to these IMs they have been properly trained on the IM Manual. Further information is required.
Provide the following information:
Observation 15 - Information Request (IR) No. 6 - Plant Harvesting Sites
During the inspection, the IAMC-CER inspection team learned that plant gathering sites were harvested prior to the Reconsideration Hearing (approximately two years ago). It was also learned that some Indigenous communities may not harvest all of the plants at a site at once in order to allow for plant regeneration and sustainability of the site wherever possible.
Trans Mountain will provide a response noting whether Indigenous communities were provided another opportunity to visit the plant harvesting sites prior to construction. If not, Trans Mountain will provide a response indicating if Indigenous communities will be provided with this opportunity on Spread 2 and other spreads where construction work is in the early stages.
Observation 16 - Follow-up to IR No. 6 - Plant Harvesting Sites
During the inspection, the IAMC-CER inspection team learned that plant gathering sites were harvested prior to the Reconsideration Hearing (approximately two years ago). It was also learned that some Indigenous communities may not harvest all of the plants at a site at once in order to allow for plant regeneration and sustainability of the site wherever possible.In its response to IR No. 6, Trans Mountain referred to its Preconstruction Cultural Field Program and stated that it had sent construction notifications to Indigenous groups that provided an opportunity and time for site-specific harvesting prior to the start of construction. The initial Spread 2 construction notification was sent on 30 August 2019, and another notice was sent on 20 July 2020 in advance of the fall/winter 2020 construction season which provided further opportunity for site-specific harvesting.In addition, Trans Mountain stated that it provided reminders on 13 August 2020 to Indigenous groups whose Spread 2 Crown plant harvesting TLU sites had not been covered by the Preconstruction Cultural Field Program, with additional reminders of plant harvesting opportunity prior to construction. Further information is required.
Provide a copy of the following:
Observation 17 - Notice of Non-Compliance (NNC) No. 1 - Indigenous Monitor and Environmental Inspector Training Relationships
Date & time of visit: 2020-10-30 08:15
The process for capacity development of IMs was discussed. Trans Mountain representatives indicated that it is up to the individual IM if they would like to pursue additional skills or educational opportunities to support capacity development that can enhance transferrable skills related to careers in environmental monitoring or fieldwork.Discussion with IMs and Trans Mountain environmental staff indicated that after the initial training IMs were no longer accompanied by EIs. IMs typically travel together during the day, and may meet with EI(s) depending on the activity they are observing.Trans Mountain representatives stated that they gauge success of focused training by an IM’s increase in comfort level in demonstrating what they’ve learned through self-sufficiency. It was further stated that assessment of IM performance is ongoing, and if poor performance is noted this will be discussed with the IM, and could potentially lead to removal from the project.The CER/IAMC inspection team and Trans Mountain representatives discussed examples of the initial focused training provided to IMs, including having IMs accompany EIs for the first two weeks on the project and the training provided to orientate the IMs to the project before starting work. Trans Mountain indicated that IMs have the opportunity to inspect certain activities and the Lead EI teaches IMs about certain activities etc. in the trailer (e.g. on a whiteboard). IOs discovered that continued training and development is informal and ad hoc; IMs will either show interest in a certain activity or may be taught about issues in the field that they come across. In multiple discussions with Trans Mountain environment staff and IMs IOs discovered there is no defined, consistent or commonly understood structure of the ongoing training relationship between IMs and EIs nor was Trans Mountain able to provide documentation demonstrating this training relationship.
Compliance tool used: Notice of Non-compliance (NNC)
Trans Mountain will clarify related program, process, procedural and supporting documents relating to the the training relationship between EIs and IMs and provide a response of changes made to improve Trans Mountain’s ability to meet the goal of providing IMs with enhanced opportunities for a long-term career in environmental inspection and monitoring.Trans Mountain will provide a response indicating how it is monitoring the success of its training program to ensure it is on track to meet the goal of providing IMs with enhanced opportunities for a long-term career in environmental inspection and monitoring.
Date closed: 2021-01-22 Note: the date closed is the date that the inspector completed their review of the company corrective actions for adequacy and determined that no further actions are required.
Observation 18 - Notice of Non-Compliance (NNC) No. 2 - Indigenous Monitor Quarterly Progress Meetings
The process for capacity development of IMs was discussed. Trans Mountain representatives indicated that it is up to the individual IM if they would like to pursue additional skills or educational opportunities to support capacity development that can enhance transferrable skills related to careers in environmental monitoring or fieldwork.An IM stated that they felt that opportunities for additional formal training are available but that they were not sure how to access it.Trans Mountain representatives stated that quarterly progress check-ins between the IM Coordinator and IMs are the appropriate avenue to discuss additional training. Multiple IMs indicated that they had not yet had a progress check-in meeting, with at least one of the IMs having been working on the project since its beginning. Trans Mountain representatives stated that progress check-ins were likely delayed for various reasons including work stoppage for spring break-up, COVID-19, and personnel changes in the IM Coordinator role.CER Inspection Officers requested evidence that quarterly progress check-in meetings have or are occurring, Trans Mountain was unable to provide evidence that these meetings had or were occurring.
Trans Mountain will provide a commitment to document the Indigenous Monitor progress meetings (e.g. minutes, log) and a response as to how it will ensure that these are occurring on a regular basis.Trans Mountain will provide a response describing changes and improvements made to its Indigenous Monitoring Program to ensure it is meeting requirements of Condition 98 (Plan for Indigenous Group Participation in Construction Monitoring) following this inspection.
Observation 19 - IAMC IM Observation #1
Date & time of visit: 2020-10-27 13:00
Additional observations recorded by IAMC Indigenous Monitors participating in the CER inspection. Any compliance-related observations that require specific regulatory follow-up have been recorded above.Compliance Verification Activity 2021-202Indigenous Monitor Led Inspection on TLU sites – Spread 2Indigenous Monitor Observation Report
Observation 20 - IAMC IM Observation #2
Date & time of visit: 2020-10-27 09:00
Additional observations recorded by IAMC Indigenous Monitors participating in the CER inspection. Any compliance-related observations that require specific regulatory follow-up have been recorded above.To be added once received.
Identified non-compliances to company plans or procedures are non-compliances either to:
- the condition of an authorization document that requires the implementation of that plan or procedure; or
- the relevant section of the regulations that requires implementation of that plan or procedure including those sections that require implementation of plans or procedures as a part of a Program
