Going forward, FortisBC will consult and inform, but does not have to ask the District of Squamish for approval to drill further boreholes in the Squamish Estuary.

Representatives for FortisBC sent a letter to the District of Squamish outlining the section of the Utilities Commission Act they interpret to mean the natural gas utility does not need further district approvals to continue geotechnical work in the estuary, according to Gary Buxton, district general manager of development services and public works.

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The geotechnical work is to help FortisBC determine the exact route of the Eagle Mountain–Woodfibre Gas Pipeline, which will be required for the Woodfibre LNG export facility should owners of Woodfibre make a final investment decision to go ahead with the project.

“They have got approval under section 121 in the Utilities Commission Act,” Buxton told council last Tuesday. “It would appear the approvals that they have from the Utilities Commission and the Environmental Assessment Office would supersede and override any need for us to require permits.”

The BC Utilities Commission is an arms length regulatory body of the provincial government.

“To date we have interpreted the Utilities Commission Act and how it applies to the geotechnical work in the Wildlife Management Area. We have shared our interpretation of the act with the District of Squamish… and provided staff with relevant information including our construction and environmental management plan for this work,” said Viviana Zanocco, communications representative for FortisBC, in an email to The Squamish Chief.

“We’ll continue to engage with staff and keep them up to date with our progress and environmental reporting. All this work is required as part of our planning phase.”

Environmental lobby group My Sea to Sky was quick to call the move a “bullying” tactic by FortisBC.

Tracey Saxby, co-founder of My Sea to Sky said, “This is not how a good corporate neighbour should behave. This is completely disrespectful of the community’s concerns. Squamish has already said no, our estuary is sacrosanct. It is shameful that a public utility can do whatever it wants and disregard municipal government, and the values of our community.”

Mayor Patricia Heintzman said Monday she is not clear why FortisBC has suddenly changed its tune.

“My understanding is they did actually have approval back in early 2015 under the utility commission, so we aren’t 100 per cent sure why they didn’t proceed like that when they were going through the first round of permitting that they came to the district for,” she said, adding under FortisBC’s current interpretation of the act the company would only need to go through the district for site alteration permits and building permits, both of which are usually handled by staff and not brought before council.

Heintzman said it is unclear if the natural gas utility will pursue Squamish-Lillooet Regional District rezoning for the compressor station slated for outside of Valleycliffe on Mount Mulligan.

Zanocco said the utility would be approaching permitting and other requirements on a “case by case basis.”

“Examine what authorizations we have in place under the Environmental Certificate, what we have under the act and then work with our regulators, such as BC Oil and Gas Commission and Ministries of Environment and Forest Lands and Natural Resources, as well as municipal and regional governments to ensure we are in compliance with legislation, bylaws and regulations that apply.”

Zanocco added that FortisBC representatives have met with the Squamish Lillooet Regional District Board several times, recently toured directors through the Coquitlam compressor station “to inform them about the aspects of the station proposed for Valleycliffe. We’ll continue to liaise with staff as required, and once a final investment decision is in place.”

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Section 121 of the Utilities Commission Act - Screenshot