File OF-Fac-Gas-W102-2018-07 01 16 April 2019

To: All Participants to GHW-002-2018

Westcoast Energy Inc., carrying on business as Spectra Energy Transmission (Westcoast) T- South 2018 Compressor Station Applications (collectively “the Applications”) Hearing Order GHW-002-2018 Ruling No. 5 – Revised Date for Oral Indigenous Knowledge

On 5 April 2019, the National Energy Board (Board or NEB) received a letter from Soda Creek Indian Band [A98678], requesting that the Board amend the time to give oral Indigenous knowledge of the Xatśūll (also known as Soda Creek Indian Band) to either the week of 21 to 24 May, or 30 May 2019 in Williams Lake, , and to make any consequential amendments to the Hearing Schedule (the Motion).

The Board initiated a comment period for the Motion on 8 April 2019 [A98689]. In response, the Board received comments from Westcoast.

The Board has decided to grant the extension requested, and will hear the oral Indigenous knowledge of Soda Creek Indian Band and Williams Lake Indian Band on 22 May 2019.

The Board’s reasons and guidance are provided below. Appendix I to this Ruling provides a revised Tentative Schedule for the oral Indigenous knowledge session.

The Soda Creek Indian Band Request

The Soda Creek Indian Band submits in its Motion that its leadership and cultural knowledge holders are not available on 24 April 2019. The Soda Creek Indian Band further submits that it will be undergoing elections for Chief and Council on 14 May 2018, and will not be in a position to be able to give evidence until after the elections.

The Soda Creek Indian Band requests that the Board amend the time to give oral Indigenous evidence to either the week of May 21 – 24 or May 30 in Williams Lake, British Columbia (BC), and make any consequential amendments to the Hearing Schedule, including rescheduling the date that the Soda Creek Indian Band must inform the Board of their list of witnesses and rescheduling the date of reply evidence.

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Views of Westcoast [A98722]

Westcoast submitted that it is not opposed to rescheduling the hearing of oral Indigenous knowledge to allow for the Soda Creek Indian Band’s participation. However, Westcoast is opposed to unduly delaying the NEB process by more than one month to accommodate the request. Westcoast recommended that the oral Indigenous evidence portion of the hearing be rescheduled to another date in April when both the Soda Creek Indian Band's leadership and knowledge holders as well as Williams Lake Indian Band may be available, or until May 3 to maintain the current hearing schedule.

Views of the Board

The Board has set the steps and deadlines in the Hearing Order to ensure a fair and efficient hearing process for all participants. In considering requests for extensions of deadlines, the Board takes into account the timing and reasonableness of a request and whether the requested relief would prejudice any hearing participants.

In the Board’s view, amending the dates for Soda Creek Indian Band to share their oral Indigenous knowledge may have the potential to prejudice other hearing participants. The Board notes Westcoast objects to the proposed dates on the basis that they unduly delay the NEB process by more than one month. The Board also notes that Williams Lake Indian Band did not submit comments in response to the Board’s letter dated 8 April 2019 [A98689], and is currently scheduled to present on April 24, as set out in Procedural Update #1 [A98474].

The Board is also of the view that it is valuable to hear oral Indigenous knowledge as it assists the Board in understanding how the Applications may impact Indigenous interests, including rights. Overall, the Board aims to deliver timely decision-making and efficient processes while ensuring that Parties are able to participate effectively in those processes.

The Board finds that the reasons provided by the Soda Creek Indian Band in the Motion are reasonable, and that any prejudice to Westcoast in the form of the delay in time is outweighed by procedural fairness in these circumstances. The Board therefore grants Soda Creek Indian Band’s request. The Board has decided to amend the date to hear the oral Indigenous knowledge of both the Soda Creek Indian Band and the Williams Lake Indian Band to maintain an efficient process and balance scheduling constraints. Again, the Board considered that Williams Lake Indian Band will be affected by this amendment, but did not comment. The Board will hear oral Indigenous knowledge from both Indigenous Intervenors on 22 May 2019.

The location previously selected for oral Indigenous knowledge is not available during the proposed dates. Therefore, oral Indigenous knowledge will be held at The Lodge Event Centre in , B.C. The Board has amended the start time to 10:00 am to allow for additional travel time that morning.

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Consequently, the deadline set out in Procedural Update No. 1 for Westcoast reply evidence must be extended from 8 May 2019 to 28 May 2019.

The Board has allocated approximately 3 hours per Indigenous community as outlined in Appendix I. The Board directs the Williams Lake Indian Band and the Soda Creek Indian Band to file the names of the knowledge keepers or Elders who will be presenting oral Indigenous knowledge by noon, Calgary time, 17 May 2019.

Attached as Appendix II is an amended Timetable of Events.

For questions or help regarding the hearing process and how to effectively participate, please contact the Board’s Process Advisors for this Project at [email protected] or telephone 403-614-4952.

Yours truly,

Original signed by

Sheri Young Secretary of the Board

Attachments: Appendix I – Tentative Schedule for the Oral Indigenous Knowledge Session Appendix II – Timetable of Events

Appendix I – Attachment to Board Letter dated 16 April 2019 Page 1 of 1 Appendix I

T-South 2018 Compressor Station Applications Hearing GHW-002-2018 Tentative Schedule for the Oral Indigenous Knowledge Session at The Lodge Event Centre, Quesnel, BC

Location: Quesnel, British Columbia Venue: The Lodge Event Centre 1262 Maple Heights Road, Quesnel, BC V2J 3X5

The Board asks that presenters, legal counsel, or other representative(s) of those presenting oral Indigenous knowledge or participating in a session arrive 20 minutes prior to the scheduled start of their session to meet with the Hearing Manager and/or the Process Advisor.

10:00 am – 1:00 pm 2:30 pm – 5:30 pm (Pacific Standard Time) (Pacific Standard Time)

Wednesday, Soda Creek Indian Band Williams Lake Indian Band 22 May 2019

Appendix II – Attachment to Board Letter dated 16 April 2019 Page 1 of 1 Appendix II

T-South 2018 Compressor Station Applications Hearing GHW-002-2018 Timetable of Events

Procedural Step Participant Deadline Date Responsible (noon Calgary Time)

Distribute the Notice of Hearing Westcoast 20 December 2018

Submit Application to Participate forms Any interested persons 11 January 2019 and PFP funding request forms

Issues List of Participants NEB 22 January 2019

Serve Hearing Order on Participants Westcoast 24 January 2019

File Information Requests to Westcoast Intervenors 29 January 2019

File Responses to Information Requests Westcoast 7 February 2019

File written evidence Intervenors 21 February 2019

File Information Requests to Intervenors Westcoast 7 March 2019

File Responses to Information Requests Intervenors 19 March 2019

File Letters of Comment Commenters 10 April 2019

Soda Creek Indian Oral Indigenous Knowledge Band and 22 May 2019 Quesnel, BC Williams Lake Indian Band

File any reply evidence Westcoast 28 May 2019