ULC (Trans Mountain) Section 58 of the National Energy Board Act Application for the Westridge Delivery Line Relocation (Project) NEB File No.: OF-Fac-Oil-T260-2017-10 01 Filed 21 December 2017

Information Request No. 2

Aboriginal Matters

2.1 Notification of Potentially Affected Aboriginal Communities

Reference: i) A89668-2, Trans Mountain Pipeline ULC (Trans Mountain), Westridge Delivery Line Relocation – Response to NEB IR No. 1, PDF pages 1-2 of 2, ( A5Z7X0 )

ii) National Energy Board, Filing Manual, Chapter 3.4.2 Designing Project- Specific Consultation Activities, Pages 3-5 to 3-8 (PDF Pages 39 to 42 of 285)

Preamble: Reference i) provides a list of the Aboriginal communities Trans Mountain engaged for this Project.

Reference ii) outlines the Board’s guidance for designing project-specific consultation activities, including how to identify potentially affected Aboriginal communities.

The Board, through its own assessment of publically known or asserted Aboriginal traditional territory information, identifies Aboriginal communities which could be potentially affected by the proposed Project. In addition to the Aboriginal communities Trans Mountain engaged with for this Project, the Board has identified that the proposed Project is within the known or asserted traditional territory of the following nine Aboriginal groups:

• Aitchelitz First Nation • BC Métis Federation • Chawathil First Nation • • Métis Nation of – Lower Mainland Region • Seabird Island First Nation • Shxw’ow’hamel (Ohamil) First Nation • Skawahlook First Nation • Stó:Lô Nation

On 2 February 2018, the Board provided a Notice of Application to all the

1 Trans Mountain Pipeline ULC (Trans Mountain) Information Request No. 2 Application for the Westridge Delivery Line Relocation

Aboriginal communities identified by Trans Mountain as well as those that the Board identified through its own assessment. The notification letter from the Board includes Trans Mountain’s contact information.

Request: Provide:

a) confirmation that Trans Mountain has provided Aitchelitz First Nation, BC Métis Federation, Chawathil First Nation, Cowichan Tribes, Métis Nation of British Columbia – Lower Mainland Region, Seabird Island First Nation, Shxw’ow’hamel (Ohamil) First Nation, Shawahlook First Nation, and Stó:Lô Nation with a description of the Project, including the location and main components of the Project;

b) a summary of any concerns raised by the above-noted Aboriginal communities;

c) a description of how Trans Mountain has addressed or will address any concerns raised, or an explanation as to why no further action is required to address the concerns; or

d) justification why it was not necessary to carry out consultation activities with respect to the proposed Project with the above-noted Aboriginal communities.

Response: a) Trans Mountain confirms that on February 7, 2018, it provided a description of the Project, including the location and main components of the Project, to the BC Métis Federation, Cowichan Tribes, Métis Nation of British Columbia – Lower Mainland Region and Seabird Island First Nation. 1

As described in the section 58 application, Trans Mountain reached out to Aboriginal groups whose traditional territory overlaps Burnaby Mountain or those with an interest in engagement regarding the Burnaby Mountain Tunnel and the two (2) delivery lines, as a part of Technical Update No. 4 through the hearing of the Trans Mountain Expansion Project. 2 Trans Mountain reached out to a total of ten (10) Aboriginal groups, as listed in its response to IR No. 1 (Filing ID A89668 ). Those groups include the S’ohl Temex Stewardship Alliance (STSA) who represent the Aitchelitz First Nation, Chawathil First Nation, Shxw’ow’hamel (Ohamil) First Nation, Shawahlook First Nation, and Stó:Lô Nation. The STSA was served a copy of the this section 58 application on January 4, 2018.

1 Please note that Trans Mountain served the Métis Nation of British Columbia a copy of the s.58 application on January 4, 2018. 2 Technical Update No. 4, Section 3.2 (December 1, 2014 Filing ID A64687 ).

2 Trans Mountain Pipeline ULC (Trans Mountain) Information Request No. 2 Application for the Westridge Delivery Line Relocation

b) No concerns have been raised to Trans Mountain as of the date of this submission. c) No further action is presently required, as no concerns have been raised. Should any of the Aboriginal groups raise concerns or have questions about this s.58 application, Trans Mountain will work with the Aboriginal group(s) to provide any necessary information and address any concerns. d) For reasons stated in response to IR No. 2.1(a), this is not applicable.

3 Trans Mountain Pipeline ULC (Trans Mountain) Information Request No. 2 Application for the Westridge Delivery Line Relocation