On April 12, 2013 the Enbridge Northern Gateway Project Joint Review Panel published a 48 page document for comment by the Parties: https://www.neb-one.gc.ca/ll-eng/livelink.exe/fetch/2000/90464/90552/384192/620327/624476/942629/Panel-Commission_-_Attachment_B_-_Collection_of_potential_conditions_-_A3G7X1.pdf?nodeid=942306&vernum=0
The document in question lays out the conditions under which the project could proceed, if it were to get the eventual go-ahead from the Government of Canada.
Tellingly, the document does not have a section for conditions related specifically to marine transportation routes, even though this is part of the definition of the Project, as defined in the Panel's Terms of Reference. The Panel is obviously trying to shirk its responsibility in this regard, as predicted by this writer in his Oral Statement to the Panel on January 7, 2013 in Victoria. The Panel, it will be recalled, possesses no demonstrable knowledge of tankers, the BC coast, or indeed the marine environment in general.
What the Panel does instead in this latest document is rubber stamp Northern Gateway's "Marine Voluntary Commitments" with respect to the tankers and marine oil spill prevention and response aspects of the project, and add on recommendations contained in the February, 2012 TERMPOL review of the marine transportation route component of the project, wherein that aspect of the project was pre-approved.
Since Northern Gateway will neither own nor operate the tankers, it remains to be seen how the pipeline company can be held accountable for implementing many of the conditions imposed by the Panel.
And since under current Canadian law responsibility for ship-based oil spills resides with the tanker owner, unless Northern Gateway is required to own the tankers, then the company wouldn't be liable for cleanup costs, compensation and/or fines related to a tanker casualty.