TMX pipeline route at Pipsell. The section in red represents the deviation approved by the Canada Energy Regulator Sept. 25. (Image Credit: Canada Energy Regulator)

By James Peters

Trans Mountain Expansion

Federal regulator says TMX tunnelling through culturally sensitive area near Kamloops would be costly, fruitless

Oct 20, 2023 | 3:43 PM

CALGARY — The Canada Energy Regulator (CER) has released its reasons for allowing Trans Mountain (TMX) to trench through a culturally significant area near Kamloops, over the objections of local First Nations.

On September 25, the CER approved an application by TMX to open trench in order to complete a section of its pipeline expansion through Pipsell (Jacko Lake). Stk’emlúpsemc te Secwépemc Nation (SSN), representing several Kamloops-area Indigenous communities, designated the area as one of deep cultural and spiritual significance when it opposed the KGHM-Ajax open pit mine proposal.

TMX initially agreed with SSN that it should micro-tunnel through the 1.3-kilometre section, in part to minimize ground disturbance. However, TMX changed its strategy earlier this year, saying micro-tunnelling was no longer feasible. SSN strenuously objected to the new TMX plan to use a combination of horizontal directional drilling and open trenching.

On Friday (Oct. 20), the CER elaborated on its approval of the new TMX plan.

It says TMX made several attempts to micro-tunnel through Pipsell, but encountered technical challenges and was not successful. The CER agreed with the government-owned pipeline company that continuing would be costly and fruitless.

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“The [CER] found that continuing micro-tunnelling would most likely fail and could delay the completion of the TMEP by at least ten months,” said CER in a news release. “This delay could result in an estimated $2 billion of lost revenue for Trans Mountain and cause negative impacts on shippers and other parties.”

After the commission announced its decision last month, SSN blasted the regulator, saying it had failed to recognize the “transformative change in the relationship between the Crown and Indigenous peoples that was represented through the federal government’s passing of the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDRIPA).”

However, the CER says it reviewed TMX engagement efforts and found them to be adequate and in compliance with UNDRIPA.