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File OF-Fac-Gas-N081-2020-04 0101 25 June 2020 Mr. Glen Mccallum

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File OF-Fac-Gas-N081-2020-04 0101 25 June 2020 Mr. Glen Mccallum File OF-Fac-Gas-N081-2020-04 0101 25 June 2020 Mr. Glen McCallum President Métis Nation - Saskatchewan 201, 208 - 19 Street West Saskatoon, SK S7M 5X8 Facsimile 306-343-8285 Email [email protected] Dear Mr. McCallum: NOVA Gas Transmission Ltd. (NGTL) Medicine Hat Looping Project 2023 The Canada Energy Regulator (CER) is a federal regulator that regulates pipelines and electrical transmission lines across Canada, specifically lines that cross provincial boundaries and the border into the United States. The CER strives to build meaningful relationships with Indigenous peoples across the country who are potentially impacted by the infrastructure we regulate. The CER is contacting you since your community may be impacted by a project for which the CER has received a Project Notification. Medicine Hat Looping Project 2023 On 29 April 2020, NGTL filed a Project Notification with the CER regarding a proposed natural gas pipeline. The Project Notification provides a summary of the proposed project, including a preliminary list of potentially affected persons and communities, including Indigenous communities, as well a description of potential impacts and concerns raised to date regarding the project. The proposed project is known as Medicine Hat Looping Project 2023 (the Project). Attached to this letter you will find a summary of the Project, a project map and NGTL contact information. The Project Notification is publicly available on our website at C05983.1 NGTL has indicated that it will file its Project application with the CER on 29 September 2020. After receipt of the application and ensuring it is complete, the Commission of the CER (the Commission) will schedule a public hearing on this Project. One purpose of the hearing process will be to allow the Commission and potentially affected Indigenous peoples to test the Project information. The application will be publicly available on our website once it is filed. The CER is responsible for coordinating Crown consultation on behalf of the Government of Canada for the Project for its entire life cycle, including before, during and after the Commission’s hearing process. …/2 1 Or go to the website at http://www.cer-rec.gc.ca/ click on “Applications & Filings” under the heading “View Regulatory Documents”, enter the Document Number C05983 and click on “Go.” -2- Where a proposed project has the potential to affect the interests or rights of Indigenous peoples2, the CER requires companies to begin engagement activities early in the planning of the project. In undertaking the required early engagement, a company should strive to understand the interests and rights of Indigenous peoples, how a project may affect Indigenous interests or rights, and discuss ways to mitigate any potential impacts. If the project is approved, a company must continue its engagement throughout the construction, operation, and eventual abandonment of the project. Engaging with the CER The CER would like to initiate Crown consultation with your community on the Project early to allow adequate time to share information and better understand your concerns regarding the potential impacts of the Project on any potential or established Indigenous and Treaty rights. This information may be shared with the Commission to help in shaping the hearing process described below, which will begin after a complete application is filed. Additional consultation activities may be required related to permits or authorizations should the Project be approved, or to fulfill commitments made to Indigenous communities. Should there be an interest, the CER is available to meet with you to provide an overview of the Crown consultation process and an early discussion regarding potential impacts related to the Project. The CER is aware that many Indigenous communities in Canada face increased challenges and risks associated with the COVID-19 pandemic, and have taken extra measures to protect their communities. The CER is dedicated to the safety and well-being of its staff, Indigenous peoples, and the public. The CER is committed to being responsive to capacity constraints that Indigenous communities may face during this pandemic. Due to the pandemic, the CER anticipates any early meetings will have to take place by phone or videoconference. The CER also welcomes any comments or suggestions you may have on how the CER can make both the consultation and the Commission hearing process more efficient and/or accessible. Participant funding will be available for early engagement sessions with the CER and participation in the hearing. If you are interested in funding, please contact the Participant Funding Program by email [email protected] or call 1-800-899-1265 (toll-free). We are in the process of updating the information on our website at www.cer-rec.gc.ca/pfp. CER Hearing Process During the hearing process, the Commission will fully assess the application, including the company’s engagement activities. Another purpose of the hearing process will be to allow potentially affected Indigenous peoples to express their views. These could include views in favour of or against the Project or views on how the Project may impact Indigenous communities, the use of traditional territory and any potential or established Treaty or Indigenous rights. At the conclusion of the hearing process, the Commission will make a recommendation to government on whether to approve the Project by weighing both the potential positive and negative impacts of the Project. The Commission’s recommendation must also consider any adverse impacts the Project may have on Indigenous and Treaty rights, as well as its effects on any other interests and concerns of Indigenous peoples, including those with respect to 2 The use of the term “Indigenous” has the meaning assigned by the definition of “aboriginal peoples of Canada” in subsection 35(2) of the Constitution Act, 1982 which states: In this Act, “aboriginal peoples of Canada” includes the Indian, Inuit, and Métis peoples of Canada. -3- their current use of lands and resources for traditional purposes. Regardless of the Commission’s overall recommendation on the Project, the Commission’s report to government will also include any terms and conditions the Commission finds necessary or in the public interest, should the project be approved by the government. Should the Project be approved, conditions will be imposed that must be implemented by the company, including conditions that may mitigate or accommodate Project impacts on Indigenous rights and interests. While the CER, as Crown consultation coordinator, will continue to consult with affected Indigenous peoples throughout the lifecycle of the Project, participation in the Commission’s hearing process is important. The Commission will make a recommendation to the government and impose conditions based on submissions in the hearing. The direct participation of Indigenous peoples in the Commission’s hearing process allows the Commission to directly hear about and fully consider impacts on Indigenous rights and interests. The CER encourages Indigenous communities who are concerned that their established or potential Indigenous or Treaty rights and related interests could be affected by any project the Commission regulates, to make their concerns known to the Commission. Decisions and recommendations by the Commission on applications must be consistent with the honour of the Crown. If you would like to provide preliminary comments about the Project or the CER’s engagement process, you can submit those comments at any time. The CER’s preferred filing method is online through its e-filing tool, which provides step-by-step instructions. You can submit your letter online using the “electronic document submission” (letter of comment e-file option) on our website. If you are unable to file a document online, it may be filed by email to [email protected]. Your comments should also include any pandemic-related capacity constraints that affect your community’s ability to engage with the CER at this time. If you have questions about the process, concerns about your community’s ability to engage during the pandemic, or how to participate in the hearing, staff at the CER would be pleased to provide such information over the phone or at a meeting in your community. Natalia Churilova, Crown Consultation Lead, NGTL Medicine Hat Looping Project 2023, will contact you in the next week or so to see if you are interested in such information. Alternatively, you may contact Natalia directly at 403-390-4739, through the CER’s toll free number at 1-800-899-1265 or by email at [email protected]. Yours sincerely, Original signed by Marc Boucher Director of Public Participation Attachment – Project Summary and Map c.c. Mr. Jaron Dyble, Email [email protected] Mr. Gerald Morin, Email [email protected] Attachment to Commission Letter Dated 25 June 2020 Page 1 of 2 NOVA Gas Transmission Ltd. (NGTL) Medicine Hat Looping Project 2023 Project Summary NGTL’s proposed Project includes approximately 65 km of 24‐inch diameter gas pipeline (NPS 24), located approximately 5 km north of the City of Medicine Hat in the Municipal District of Cypress County, Alberta. The Project parallels NGTL’s existing Medicine Hat Lateral Loop and Suffield Lateral pipelines and is contiguous to existing disturbances for approximately 61% of the route. The Project will traverse approximately 34 km of Crown land and approximately 31 km of private freehold land. Of the Crown land required for the new right of way, 12 km will be non-contiguous with existing disturbances. The Project will require new permanent land rights and temporary workspace is also anticipated to be required for the construction of the Project. NGTL is planning to start construction in September 2022, with construction being completed in March 2023 and an anticipated in-service date of April 2023. If you would like to discuss details or require additional information about the Project, the Canada Energy Regulator (CER) encourages you to contact the applicant, NGTL, directly at: Mr.
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