GREATER VANCOUVER REGIONAL DISTRICT INTERGOVERNMENTAL COMMITTEE

Minutes of the Special Meeting of the Greater Vancouver Regional District (GVRD) Intergovernmental Committee held at 1:07 p.m. on Wednesday, January 27, 2010 in the 2nd Floor Boardroom, 4330 Kingsway, Burnaby, .

PRESENT: Chair, Director Lois Jackson, Delta Vice Chair, Director, Derek Corrigan, Burnaby (arrived at 1:17 p.m.) Director Malcolm Brodie, Richmond Director Gayle Martin, Langley City Director Greg Moore, Port Coquitlam Director Darrell Mussatto, North Vancouver City Director Tim Stevenson, Vancouver Director Harold Steves, Richmond Director Wayne Wright, New Westminster (arrived at 1:25 p.m.)

ABSENT: Director Joe Trasolini, Port Moody Director Judy Villeneuve, Surrey

ALSO PRESENT: Councillor Mary-Wade Anderson, White Rock Director Ralph Drew, Belcarra

OTHERS PRESENT: Mr. Les Edmonds, Ms. Ruth Edmonds, Ashcroft Indian Band Chief Phillip Campbell, Chief Ron John, Chawathil First Nation Mr. Garry Ewen, Chawathil First Nation Ms. Jolene Charlie, Chawathil First Nation Mr. Mark Point, Mr. Clayton Cunningham, Chief Janet Webster, Councillor Amy Charlie, Lytton First Nation Mr. Gino Odjick, Ms. Celeste Haldane, Nuu-chah-nulth Chairperson, Chief Robert Pasco, Nlaka'Pamux Nation Tribal Council Ms. Debbie Abbott, Nlaka'Pamux Nation Tribal Council Mr. Donald Sam, Nlaka'Pamux Nation Tribal Council Councillor Kevin Cook, Chief Mel Bobb, Ms. Jennifer Bobb, Spuzzum First Nation Mr. Tim O'Hara, Ms. Robyn Heaslip, Sto:lo Tribal Council Ms. Sheila Schmidt, Tzeachten First Nation Chief Andy Alex, Union Bar First Nation

Minutes of the Special Meeting of the GVRD Intergovernmental Committee held on Wednesday, January 27, 2010 Page 1 of 6 STAFF: Johnny Carline, Commissioner/Chief Administrative Officer Klara Kutakova, Assistant to Regional Committees, Corporate Secretary’s Department

1. ADOPTION OF THE AGENDA

1.1 January 27, 2010 Special Meeting Agenda

It was MOVED and SECONDED That the Intergovernmental Committee adopt the agenda for its special meeting scheduled for January 27, 2010 as circulated. CARRIED

2. CONSULTATION PROCESS

2.1 Introduction Lois E. Jackson, Chair, Metro Vancouver, on behalf of Board members, welcomed First Nations representatives to the meeting. Chair Jackson provided background of the issue, elaborated on the purpose of the meeting and provided an outline of the meeting agenda.

1:17 p.m. Director Corrigan arrived at the meeting.

2.2 Overview of the Working Draft Solid Waste Management Plan Dennis Ranahan, Senior Engineer, Policy and Planning Department, provided a high-level overview of the draft Integrated Solid Waste and Resource Management (the draft Solid Waste Management Plan) and outlined the next steps.

1:25 p.m. Director Wright arrived at the meeting.

2.3 Round Table Discussion on Consultation Process The participants were welcomed to the traditional territory by Squamish Nation representative.

The following concerns were expressed during the round table discussion: • environmental impacts of the Cache Creek Landfill • leachate of the Cache Creek Landfill, affecting the health of First Nations neighbouring the landfill • First Nations were not consulted on the establishment and expansions of the Cache Creek Landfill • Ashcroft Indian Band members were not privy to details of the contract signed by the Ashcroft Band with Wastech/Belkorp • the misinformation about Ashcroft Band being in favour of the landfill expansion; the majority of the band members were opposed to the contract signed with Wastech/Belkorp

Minutes of the Special Meeting of the GVRD Intergovernmental Committee held on Wednesday, January 27, 2010 Page 2 of 6 • funding challenges precluding a number of First Nations communities and tribal councils to participate in the dialogue • if Ashcroft Indian Band’s underground well water, which flows under the Cache Creek Landfill, is contaminated and detrimental to their health, who is responsible and to what extent they would be held liable • air pollution in the Fraser Valley • leachate of the landfill in Hope and other locations, polluting fish, First Nations’ main source of food • cumulative effects of waste-to-energy and impact of the technology on agriculture and air quality • potential harmful effects of Nutrifor application in the Interior

Comments were made on the following: • the importance of affected First Nations to have an opportunity to provide their input on the draft Solid Waste Management Plan • laudability of Metro Vancouver Board’s decision not to ship waste out of the region but rather contain the environmental impact within the region • support of Nlaka'pamux Nation Tribal Council’s opposition to interior landfilling • collective responsibility for waste generated in the region • presence of First Nations’ representatives at the January 27, 2010 Intergovernmental Committee meeting does not constitute consultation with First Nations on the matter • capacity funding needs to be considered to enable a number of First Nation groups to engage in the dialogue • Nuu-chah-nulth Tribal Council is in favour of waste-to-energy and is interested in making recommendations and providing solutions • Chawathil First Nation does not support waste-to-energy due to unknown risks • one of the goals of the draft Solid Waste Management Plan is to hold producers and consumers more responsible for waste produced; the same principle should be applied to waste-to-energy operators and the disposal of bottom and fly ash • revenues generated on First Nations land should be shared with those First Nations

The following was proposed in terms of how to proceed with a dialogue with First Nations: • Metro Vancouver should have a dialogue with all tribal councils that would be affected by the plan • tribal council may wish to request community engagement in addition to a dialogue with the tribal council; keep the option reserved • each First Nation community should be asked first whether it wishes to be engaged directly or through a tribal council • engage directly with First Nations that are going to be affected by Metro Vancouver’s decision(s) • ensure that independent bands are included in the dialogue

Minutes of the Special Meeting of the GVRD Intergovernmental Committee held on Wednesday, January 27, 2010 Page 3 of 6 • chief and councils/tribal councils should be engaged; however, it would be beneficial if, at some point, members are also involved and educated on the issue • tribal council meetings, with some exceptions, seems the best way to have a dialogue • respect the First Nations governing system in place • First Nations engagement process has to commence during the strategic planning phase of the project • the dialogue has to be a two-stage process, input cannot be provided during the information session, participants will need time to process the information. A subsequent meeting to provide feedback needs to be scheduled • the dialogue needs to be focused. Determine what the viable waste disposal alternatives are and how they will - directly or indirectly - affect First Nations communities. Isolate the technical advice and material that will be provided to a community to the impact directly affecting the community. • the decision on what information is important to certain First Nations should not solely be made by Metro Vancouver. First Nations need to be given opportunities to provide feedback on the subject matter on which to have a dialogue • the consultation process, implemented by the Province in conjunction with the Cache Creek Landfill replacement, should be continued • due to limited staff resources, First Nations need to clearly understand (before the meeting) what is on the agenda, what is expected from them and what decisions they will be asked to make • Metro Vancouver should discuss opportunities for First Nations capacity funding with the Province; it is a key issue for engaging First Nations in this process and part of good relationship-building, and is therefore not only the provincial and federal government’s duty, but also local government’s duty • be respectful of the dialogue process with each band; processes are individualized within each nation. Send a letter to all affected tribal councils and bands on how to proceed with the dialogue • Squamish Nation has an official consultation process; communication needs to be forwarded to its intergovernmental relations committee. Make a presentation to chief and council; however, it may also be beneficial if a presentation is made to the entire Squamish Nation community • Kwikwetlem First Nation supports a special meeting of Lower Mainland/Lower Fraser Valley bands • Semiahmoo First Nation is open to a regional meeting with the local First Nations • the Nlaka'Pamux Nation Tribal Council requests that it be formally engaged in the dialogue; it also wish to meet with Metro Vancouver on past proceedings concerning the Cache Creek Landfill

Minutes of the Special Meeting of the GVRD Intergovernmental Committee held on Wednesday, January 27, 2010 Page 4 of 6 In response to questions and comments, Metro Vancouver staff informed the meeting participants of the following: • if a dialogue through tribal councils is selected, tribal councils that wish to receive a presentation would be asked to contact Metro Vancouver to express their interest and Metro Vancouver staff would travel and meet at their convenience at their tribal council meeting place. Councils would then be given time to discuss the draft plan with their members and have time to provide Metro Vancouver with additional comments • the Draft Solid Waste Management Plan will be forwarded to First Nations in advance of the information sessions • Metro Vancouver needs to have an understanding of how many meetings it may expect; the number of meetings needs to be reasonable, as Metro Vancouver has limited resources to accommodate a large number of meetings • there are many benefits to holding meetings involving larger number of participants • the most effective method would be to have a dialogue on a sub-area basis; this would; however, not prevent meetings to occur on an individual basis with potentially affected First Nations • the following five geographic areas may potentially host Metro Vancouver’s waste disposal facilities: the Lower Mainland, Fraser Valley Regional District, Interior, Squamish- Regional District and Vancouver Island • once the technology is determined (the current, first phase of the two- stage process) and a location is proposed for a facility (which will be the second phase of the process), an additional, detailed consultation process with affected communities and environmental assessment(s) will be required • the contract concerning the Cache Creek Landfill Extension was signed between Wastech/Belkorp and the Ashcroft Indian Band; Metro Vancouver was not a party to the agreement and did not indicate support for the Cache Creek Extension • Metro Vancouver is committed to providing resources necessary for people to understand the technical issues; however, Metro Vancouver does not have the resources to provide capacity funding; capacity funding requests need to be forwarded to the Crown • the duty to consult rests with the provincial and federal governments but local government makes efforts to inform and have dialogue with affected First Nations • Metro Vancouver is mandated by the Province to update the Solid Waste Management Plan and the Minister of Environment is responsible for approving the plan and amendments

Staff elaborated on the following: • reasons for Metro Vancouver to engage First Nations in the dialogue • communication and outreach efforts made by Metro Vancouver to-date • the background of the amendments to the current Solid Waste Management Plan

Minutes of the Special Meeting of the GVRD Intergovernmental Committee held on Wednesday, January 27, 2010 Page 5 of 6 Discussion ensued on: • the role that the Intergovernmental Committee, Waste Management Committee and Board members will play in the dialogue process • the composition and size of the group mandated to lead the dialogue process

It was MOVED and SECONDED That the Intergovernmental Committee: 1) refer the matter of dialogues with First Nations to staff for recommendation to the Board on: a) a list of First Nations with whom to have a dialogue b) an outline of the matters which these dialogues should cover and an appropriate process for such dialogues, to be forwarded to First Nations for their comment; 2) recommend that the Board ask the Chair to designate a smaller group to lead the dialogue process. CARRIED

3. ADJOURNMENT

It was MOVED and SECONDED That the Intergovernmental Committee conclude its special meeting of January 27, 2010. CARRIED (Time: 3:51 p.m.)

______Klara Kutakova, Lois E. Jackson, Chair Assistant to Regional Committees

3676074 FINAL

Minutes of the Special Meeting of the GVRD Intergovernmental Committee held on Wednesday, January 27, 2010 Page 6 of 6