Section 4 Consultation and Indigenous Matters
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Westcoast Energy Inc., doing business as Spectra Energy Transmission Section 4 - Consultation and Indigenous Matters T-South Expansion and Reliability Project Page 1 of 162 SECTION 4 CONSULTATION AND INDIGENOUS MATTERS Westcoast Energy Inc., doing business as Spectra Energy Transmission Section 4 - Consultation and Indigenous Matters T-South Expansion and Reliability Project Page 2 of 162 4.0 Consultation and Indigenous Matters 4.1 Consultation Program and Vision Consultation activities for the T-South Expansion and Reliability Project (“Project”) have been and will continue to be conducted based on the following principles set out in Enbridge Inc.’s Corporate Social Responsibility Policy. Enbridge defines Corporate Social Responsibility as follows: Conducting business in a socially responsible and ethical manner; Protecting the environment and the safety of people; Supporting human rights; and Engaging, learning from, respecting and supporting the communities and cultures with which we work. Westcoast will engage stakeholders clearly, honestly, and respectfully. We are committed to timely and meaningful dialogue with all stakeholders, including shareholders, customers, and employees, Indigenous peoples, governments, regulators, and landowners, among others. 4.2 Principles and Goals Westcoast recognizes the importance of working with all persons and groups who may be potentially affected by any phase of a project. The goals of the consultation program are to: Identify stakeholders and Indigenous communities who have interests in the Project area who could potentially be affected by the Project as soon as possible in the planning phase; Inform potential stakeholders and Indigenous communities throughout the various phases of the Project by sharing information on key Project specifics in a clear and timely manner; Create opportunities for meaningful stakeholder and Indigenous community engagement as early as possible in the Project planning process and advise stakeholders of their opportunities to communicate with the National Energy Board (“NEB” or “Board”); Develop a feedback loop within the Project team to ensure Indigenous feedback and input are incorporated into the Project design and planning process; Understand and respond to any issues or concerns in an effort to resolve or mitigate those issues or concerns; and Maintain ongoing communications with stakeholders and Indigenous communities throughout the planning, construction and post-construction phases with a view to continued development of the long-term relationships required for the operation of the facilities. 4.3 Indigenous Consultation Indigenous consultation activities for the Project have been and will continue to be conducted based on the following principles set out in Enbridge Inc.’s Indigenous Peoples Policy, which states: Westcoast Energy Inc., doing business as Spectra Energy Transmission Section 4 - Consultation and Indigenous Matters T-South Expansion and Reliability Project Page 3 of 162 We recognize the legal and constitutional rights possessed by Indigenous Peoples in Canada and in the U.S., and the importance of the relationship between Indigenous Peoples and their traditional lands and resources. We commit to working with Indigenous communities in a manner that recognizes and respects those legal and constitutional rights and the traditional lands and resources to which they apply, and we commit to ensuring that our projects and operations are carried out in an environmentally responsible manner. We recognize the importance of the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”) within the context of existing Canadian and U.S. law and the commitments that governments in both countries have made to protecting the rights of Indigenous Peoples. We engage in forthright and sincere consultation with Indigenous Peoples about Enbridge’s projects and operations through processes that seek to achieve early and meaningful engagement so their input can help define our projects that may occur on lands traditionally used by Indigenous Peoples. We commit to working with Indigenous Peoples to achieve benefits for them resulting from Enbridge’s projects and operations, including opportunities in training and education, employment, procurement, business development, and community development. We foster understanding of the history and culture of Indigenous Peoples among Enbridge’s employees and contractors, in order to create better relationships between Enbridge and Indigenous communities. This Policy outlines Enbridge’s recognition of the diversity of Indigenous Peoples who live where we work and operate and recognizes the importance of reconciliation between Indigenous communities and broader society. Positive relationships with Indigenous Peoples, based on mutual respect and focused on achieving common goals, will create constructive outcomes for Indigenous communities and for Enbridge. 4.4 Consultation Design 4.4.1 Identification of Indigenous Groups The consultation program design began with a review of local and regional interests in the Project areas to facilitate the identification of persons or groups who may potentially be affected by the Project. A key consideration was the location of the facilities as well as potential Project impacts and the mitigation measures available to address those impacts. All compressor stations (“CS”) within the Project areas are existing and located on Westcoast’s fee simple land. Ongoing relationships currently exist based on previous interactions from many years of operating in the area. The stations with work being proposed for the Project and application filing include CS-2B, CS-4A, CS-4B, CS-6A, CS-7 and CS-8B. Westcoast requested a Traditional Territory analysis from the NEB to confirm potentially impacted Indigenous groups. The following Indigenous interests have been identified through the assessment process for the Project: Westcoast Energy Inc., doing business as Spectra Energy Transmission Section 4 - Consultation and Indigenous Matters T-South Expansion and Reliability Project Page 4 of 162 ?Esdilagh First Nation (Alexandria First Nation) Adams Lake Indian Band (Sexqeltqin) BC Métis Federation Blueberry First Nation Bonaparte Indian Band Boston Bar First Nation Canim Lake First Nation Canoe Creek/ Dog Creek Indian Band Carrier Chilcotin Tribal Council Carrier Sekani Tribal Council Chawathil First Nation Coldwater First Nation Dene Tha’ First Nation Doig River First Nation Duncan's First Nation Esk’etemc First Nation Fort Nelson First Nation Halfway River First Nation High Bar First Nation Horse Lake First Nation Kelly Lake Cree Nation Kelly Lake First Nation Kelly Lake Métis Settlement Society Lheidli T’enneh First Nation Lhoosk’uz Dené Nation Lhtako Dene Nation (Red Buff Indian Band) Lower Nicola Indian Band Métis Nation of British Columbia Métis Nation of British Columbia – North Central Region Moccasin Flats Metis Society Neskonlith Indian Band Nooaitch First Nation North Thompson River Indian Band (Simpcw) Northern Secwepemc te Qelmucw Nation Prophet River First Nation Saulteau First Nations Shackan First Nation Shuswap First Nation (Secwepemc Nation) Shuswap Nation Tribal Council Westcoast Energy Inc., doing business as Spectra Energy Transmission Section 4 - Consultation and Indigenous Matters T-South Expansion and Reliability Project Page 5 of 162 Simpcw First Nation Skeetchestn Indian Band Skwlax (Little Shuswap) First Nation Soda Creek First Nation Splatsin (Spallumcheen) Band Stk’emlupsemc te Secwepemc Nation Tk'emlúps te Secwepemc (Kamloops Indian Band) Toosey (Tl’esqox) First Nation Treaty 8 Tribal Association Tsek’hene First Nation (McLeod Lake Indian Band) Tsi Del Del (Alexis Creek, Redstone Band) First Nation Tsilhqot’in National Government West Moberly First Nation Whispering Pines/Clinton Indian Band Williams Lake Indian Band Yunesit’in (Stone) First Nation Based on the Traditional Territory analysis and Westcoast’s research in the region, Westcoast developed a consultation approach that would focus on building relationships with Indigenous communities in the region while undertaking deeper consultation with communities in closest proximity and whose Traditional Territory overlaps the Project areas. 4.4.2 Identification of Local and Regional Interests Based on the Project scope, a review of local and regional interests in the Project areas was undertaken to facilitate the identification of persons or groups who may potentially be affected by the Project. Key considerations of identification of local and regional interests included: evaluation of existing relationships based on previous interactions from many years of operating in the area; location of the proposed facilities as well as potential Project impacts and the mitigation measures available to address those impacts; and assessment of a 1.5km radius from the compressor stations that are receiving new units, and 650m or 800m for compressor stations receiving other upgrades based on the Emergency Planning Zone (EPZ) associated with the pipeline infrastructure at the compressor stations. Through this assessment process, Westcoast identified the following interests: 273 adjacent landowners 8 trapline holders 5 guide outfitters 4 mineral claims holders Westcoast Energy Inc., doing business as Spectra Energy Transmission Section 4 - Consultation and Indigenous Matters T-South Expansion and Reliability Project Page 6 of 162 2 woodlot holders