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National Energy Board Hearings Under the National Energy Board Act Regarding the Enbridge Pipelines Inc

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National Energy Board Hearings Under the National Energy Board Act Regarding the Enbridge Pipelines Inc National Energy Board Hearings under the National Energy Board Act Regarding the Enbridge Pipelines Inc. - Line 3 Replacement Program Pine Creek First Nation Written Evidence Submission: Report on Community Priorities and Concerns regarding the Enbridge Pipelines Inc. – Line 3 Replacement Program Report Prepared by: Thomas Nepinak on behalf of Pine Creek First Nation, September 22nd, 2015 1 Introduction Pine Creek First Nation (PCFN) is a Saulteaux community with close to 3500 band members and is signatory to Treaty 4, which is comprised of 34 bands. Pine Creek First Nation is located 120 km north of Dauphin, Manitoba, and lies on the western shore of Lake Winnipegosis (Pittowinipik). Pine Creek First Nation is also affiliated with the West Region Tribal Council, Southern Chiefs Organization and the Assembly of Manitoba Chiefs. This report has been prepared for submission to the National Energy Board (NEB) in furtherance of PCFN’s participation in the NEB’s regulatory proceedings regarding the Enbridge Pipelines Inc. – Line 3 Replacement Program. Background Enbridge Pipelines Inc. (“Enbridge”) has submitted an application pursuant to section 52 of the National Energy Board Act for the issuance of a certificate by the NEB in relation to the proposed Line 3 Replacement Program. PCFN notes that the NEB, when making its recommendation to the Minister under section 52(1)(b) of the National Energy Board Act, must indicate “regardless of the recommendation that the Board makes, all the terms and conditions that it considers necessary or desirable in the public interest to which the certificate will be subject if the Governor in Council were to direct the Board to issue the certificate, including terms or conditions relating to when the certificate or portions or provisions of it are to come into force.” PCFN submits this report in order to provide vital information to the NEB for consideration in its recommendation to the minister. The NEB issued a hearing Order on May 4, 2015, and has subsequently administered the process of obtaining information and input from both Enbridge as well as the various stakeholders and participants which have been identified as being impacted by the project. The NEB has indicated that it will consider numerous issues, which include, among other things: 1. The potential environmental and socio-economic effects of the Project, including those to be considered under the Canadian Environmental Assessment Act, 2012. 2. Potential impacts of the Project on Aboriginal interests. 3. Potential impacts of the Project on landowners and land use. 4. Contingency planning for product release, accidents or malfunctions, during construction and operation of the Project. 5. The suitability of the decommissioning plan for the existing Line 3 pipeline including whether the decommissioning is appropriately an interim step to eventual abandonment or whether it is the final step in the pipeline’s lifecycle. 6. Safety and security during construction and operation of the Project, including emergency response planning and third-party damage prevention. 7. The terms and conditions to be included in any recommendation or approval the Board may issue for the Project. PCFN believes that the evidence contained within this document contains insights from community members which will help it consider these issues and establish terms or conditions which Enbridge must adhere to. 2 PCFN was granted standing as a participant in the NEB’s proceedings on Enbridge’s application regarding the Line 3 Replacement Program because the activities involves in the program, including the geographic location of the Line 3 Pipeline and associated worksites, either intersected or had the potential to directly or indirectly impact the traditional lands and the lives of the peoples who now comprise PCFN, including in particular, lands which fall under Treaty 4 territory. Summary of Evidence Methodology On September 21, 2015, the leadership of the Pine Creek First Nation held a meeting with its band members in the community to get input on their concerns and priority issues of the Enbridge: Line 3 Replacement Program Project (“Line 3 Replacement Project”). A quorum of council were in attendance and 85 band members participated. The input and views on the Enbridge Pipeline Project were based on opinions of the band members that were in attendance, some submitted short memos, telephone conversations and emails. Some valuable input was also provided by the elders of Pine Creek. The input of the members in attendance was recorded by volunteers who were present and reduced to the writing contained in the balance of this report. Written Evidence – Perspectives from the PCFN Community Impact of the Project on Water 1. One elder was deeply concerned with water, and how the Line 3 Replacement Project might potentially impact water, either through contamination or through creating problems of access to it. The elder was especially concerned with the waters that First Nations peoples use for their consumption and way of life. He has accessed information which he believed demonstrated that the Saskatchewan government, for the purpose of accessing taxes from projects like Enbridge and Potash, has put a claim on all water rights in Saskatchewan without consultation to First Nations. From the spiritual aspects of First Nations based on their teachings, no one has the right to own water. Water is a sacred gift from the Creator for man, animals, and plants to survive on. For First Nations water is more valuable than gold and should be enjoyed by all life. PCFN wishes to ensure that all water rights which may be impacted by the Line 3 Replacement Project are duly respected and that they are consulted by Enbridge or other appropriate authorities with respect to any potential impact by the project upon waters which the community may access. The Duty to Consult and Accommodate 2. The majority of Treaty 4 Chiefs in Saskatchewan are collaborating with Federation of Saskatchewan Indians against Enbridge. This is happening due to the fact that many resource development projects being implemented by various parties that involve no actual consultation with First Nations. It is noted that third parties are often given the protocol to consult with First Nations. According to a Supreme Court Ruling of 2004, it is the responsibility of the province to consult. Developers need to be educated on the Duty to Consult and Accommodate. 3 PCFN maintains that non-government agencies, and especially those involved in resource development, must remain cognizant of their Duty to Consult and Accommodate First Nations whose interests may be impacted by their operations. PCFN’s concerns in this regard stem from what is perceived to be a long history of flagrant violations of this duty by various actors and agencies. Due to this history that is experienced by many First Nations across Canada, it is important to PCFN that Enbridge continues to take a proactive approach to community engagement, consultation, and accommodation, for the duration of the Line 3 Replacement Project. PCFN also asserts that, as the authority to consider and determine the Aboriginal and Treaty rights and impact on said rights has been delegated by Canada to the NEB, the NEB must ensure that the consultation and accommodation measures within these proceedings are afforded the full and proper respect and weighting that they deserve. Employment Opportunities 3. It is the understanding of the community that 3,823 full and part-time jobs will be available in Manitoba as a direct or indirect result of the Line 3 Replacement Program. At the time of the writing of this document, it is believed that Enbridge has promised PCFN only 5 jobs. This is unacceptable to PCFN. PCFN requires more jobs as the Enbridge Pipeline is running over and alongside Treaty 4 territory, in Alberta, Saskatchewan, and Manitoba. 4. The Chief and council of the Pine Creek First Nation are directing their negotiating skills, in good faith accessing jobs for their band members in the area of labour, pipeline installing, heavy equipment and truck driving opportunities. Currently, Pine Creek has an unemployment rate of about 85%. 5. Some members questioned what type of jobs would be available to the community on the Line 3 Replacement Program. The community facilitator informed them when Enbridge engages with PCFN in early October, they would provide that information. It must be noted that PCFN has a number of heavy equipment operators and truck drivers with a Class 1 license that would be willing and able to work on the project. 6. Former chief of Pine Creek recommended that long-term agreements should be signed with Enbridge and Manitoba Hydro to bring in a flow of jobs from time to time and resource sharing. 7. Enbridge should come up with a formula to equally distribute jobs to aboriginals and non-aboriginals. It is a high priority for PCFN that its community members receive the employment-related benefits of the Line 3 Replacement Program. Given PCFN’s experience of high rates of unemployment, any opportunity for training and experience for its members is taken very seriously. PCFN takes the position that 5 employment opportunities is not a reasonable amount considering the number of employment positions available over the term of the project, and therefore will continue to negotiate with Enbridge to secure additional opportunities. The NEB should be mindful of PCFN’s high prioritization of experience and skill-building in the community. PCFN prefers to enter long term formal agreements for employment opportunity and support so as to ensure its ability to plan accordingly. PCFN also states the importance of ensuring that a meaningful employment engagement process put in place, in which discussions can occur, as per the arrangement it has 4 reached with Enbridge. These discussions would include directed tenders for employment positions towards PCFN, detailing the skills required, so that PCFN members could apply for those where they the criteria is met.
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