Thousands of landowners on Trans Mountain pipeline route have yet to grant access

Such access is one of many hurdles that continue to delay construction of the expansion

Barbara Gard on her land which runs along the Trans Mountain pipeline and is where construction will take place for the expansion taking away grazing land for her goats and other livestock in Abbotsford, on Tuesday, September, 10, 2019. THE CANADIAN PRESS/Jonathan Hayward

Barbara Gard calls her three-hectare property, nestled below the forested peak of Sumas Mountain, a “miniature Stanley Park.” Its lush trees and flowing creek reminded her of Vancouver’s majestic park, and she immediately knew she wanted to call it home.

But she said her peaceful retreat in Abbotsford now feels more like a nightmare. Gard is among thousands of landowners along the Trans Mountain pipeline expansion route who have not yet granted the Crown corporation access, and she said her dealings with the project’s owners over the years have shattered her mental health.

“It’s caused me emotional devastation,” said Gard, a 64-year-old school psychologist on medical leave from work. “They are killing me through stress and legal fees.”

Numerous hurdles remain before significant construction can begin on the massive project. Trans Mountain Corp. has not signed agreements with 33 per cent of landowners, no part of the detailed route has been approved, about half of the necessary permits are outstanding and it must meet dozens of conditions with the Canada Energy Regulator, formerly the National Energy Board.

Further, it faces resistance in southwest B.C., where landowners are digging in their heels, Indigenous groups are filing legal challenges and protesters are planning to ramp up activity.

The federal Liberal government bought the pipeline for $4.5 billion last year. The parliamentary budget officer has said that if the expansion is not complete by the end of 2021, it would be fair to conclude the government overpaid for the asset.

The government said the expanded pipeline will now be operational by mid-2022.

“If all goes according to the government’s plan and hopes, then that is a realistic timeline,” said David Wright, an assistant law professor with the University of Calgary. “But there’s the significant caveat that not a lot has gone as hoped or planned from the government’s perspective in the last couple years.”

There are more than 2,500 tracts of private, Crown or Indigenous land to which Trans Mountain must gain access to build the expansion. As of July, some 1,730 — or 67 per cent — of owners had signed agreements granting the corporation entry.

RELATED: Trans Mountain pipeline route approved through Chilliwack residential area, school yard

Eighty-three per cent of landowners in Alberta and eastern B.C. have signed, but in the B.C. Interior and Fraser Valley, that number drops to 54 per cent. In the Lower Mainland, just 14 per cent of landowners have signed agreements.

The current Trans Mountain pipeline already runs through Gard’s property. Her frustration with the pipeline’s owners began in 2011, when she alleges workers sheared some 232 trees on her land, 80 of which they cut down entirely. The corporation denied any wrongdoing and the debate over the damage has dragged on for eight years, she said.

Gard said the corporation has not offered her fair compensation for the risk that the expansion poses to her property’s delicate ecosystem or has it explained how it will restore vegetation and protect wildlife. The process feels extremely unbalanced, where she’s facing off against the corporation’s trained negotiators and legal team, she added.

Robin Scory, another landowner in the Fraser Valley who has not yet signed an agreement, said that the pipeline’s owners have offered him “lowball” sums that are only a fraction of the property’s value. Streams on his land run directly into the Fraser River and the corporation has not explained how it would mitigate the impacts of a spill, he said.

“It’s a disaster waiting to happen. I’m not against the pipeline and I’m not a ‘pay me millions of dollars’ kind of guy, but it’s just so badly run,” Scory said.

ALSO READ: Feds unveil principles for Indigenous ownership in Trans Mountain pipeline

Trans Mountain said its key objective is to treat each landowner along the route fairly and it bases its compensation on a formula related to market value, but the landowner retains ownership. The corporation also strives to be a leader in emergency preparedness and has plans for quick response in the event of any spill, it said.

In cases where Trans Mountain can’t settle with a landowner, the Canadian Energy Regulator provides a process to address differences of opinion, it said, and the regulator may ultimately grant right of entry to allow the corporation to build the pipeline.

Before a court decision last August halted the project, a process was underway to confirm the detailed route of the expansion. After the project was approved a second time in June, the regulator said the corporation must redo that process.

It means none of the detailed route has been approved. Trans Mountain has begun notifying local communities of its proposed route and is waiting for statements of opposition from affected people over 30-day periods. The energy regulator then reviews the statements and decides — segment by segment — whether detailed route hearings will be held and when.

The lack of route approval is already having an impact. Trans Mountain noted in an Aug. 19 letter to the regulator that it must begin construction of the Burnaby Mountain tunnel portal immediately and earth works must occur prior to the start of the peak rainy season in November. The regulator responded that it could not start work because the route is not approved.

“It’s hard to see the (detailed route approval) happening before the rainy season that they’ve cited,” said Wright.

READ MORE: More gasoline, less bitumen in Trans Mountain pipeline, B.C. premier urges Trudeau

Laura Kane, The Canadian Press

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Chilliwack Agriculture Tour goes virtual during pandemic

Rather than bus tourists to local farms, tour stops will be posted on Facebook and Instagram

City of Chilliwack holding annual Hazardous Waste Day in early October

The one-day event is a chance to get rid of household things like pesticides and paint cans

Child sex offender relocated from Princeton after newspaper reveals his proximity to school

Offender convicted in 2019 of charges related to sex assault and child pornography

CHARTS: Beyond Metro Vancouver, COVID-19 cases in B.C. haven’t increased much recently

COVID-19 case counts outside of Metro Vancouver have been level since July

Chilliwack Chiefs to play home-heavy preseason slate

The BCHL team will play 11 exhibition games, only three of them on the road

3 new deaths due to COVID-19 in B.C., 139 new cases

B.C. confirms 40 ‘historic cases,’ as well

Supreme Court Justice Ruth Bader Ginsburg dies at 87

The court’s second female justice, died Friday at her home in Washington

Emaciated grizzly found dead on central B.C. coast as low salmon count sparks concern

Grizzly was found on Gwa’sala-‘Nakwaxda’xw territory in Smith Inlet, 60K north of Port Hardy

VIDEO: B.C. to launch mouth-rinse COVID-19 test for kids

Test involves swishing and gargling saline in mouth and no deep-nasal swab

Young Canadians have curtailed vaping during pandemic, survey finds

The survey funded by Heart & Stroke also found the decrease in vaping frequency is most notable in British Columbia and Ontario

B.C. teachers file Labour Relations Board application over COVID-19 classroom concerns

The application comes as B.C.’s second week of the new school year comes to a close

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

70-year-old punched in the head in dispute over disability parking space in Nanaimo

Senior’s turban knocked off in incident at mall parking lot

Machine pistol among 14 firearms seized from Alaska man at B.C. border crossing

Corey Scott Kettering faces charges of smuggling and prohibited firearm possession

Most Read