TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 1 of 19

1 12.0 ABORIGINAL ENGAGEMENT

2 This section describes the Aboriginal engagement process by TransCanada Keystone 3 Pipeline GP Ltd. (“Keystone”) for the Canadian portion of the Keystone XL Pipeline 4 project (the “Project”). It includes a summary of the:

5 • specific principles and goals of the Aboriginal engagement process for the 6 Project; 7 • methodology used for the engagement process; 8 • process for integrating appropriate mitigation measures into the Project plans; and 9 • future planned engagement activities.

10 12.1 Principles and Goals

11 In addition to the principles and goals set out in Section 10, the Aboriginal 12 engagement process was intended to:

13 • identify the potential effects of the Project on the current use of lands for 14 traditional activities; 15 • identify sites of cultural and historical importance to Aboriginal people that may 16 be affected by the Project; 17 • obtain local and traditional knowledge relevant to the Project; and 18 • build and enhance relationships relating to community expectations and 19 community protocols.

20 12.2 Engagement Process Methodology

21 The Aboriginal engagement process for the Project is based on a participatory 22 approach. The key steps in this process are described below.

TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 2 of 19

1 12.2.1 Step 1 – Proximity Determination

2 The first step in the engagement process was to do desktop research to determine the 3 proximity of the Project area to:

4 • reserves or other lands designated for future reserve status under the Indian Act; 5 • Métis settlements and communities; and 6 • areas of traditional use, i.e. hunting, fishing, trapping. 7 8 The engagement zone for the Project was initially defined to include an area 9 approximately 50 km on either side of the entire length of the proposed pipeline 10 route. This zone is shown, along with the Treaty boundaries and reserves, in Figure 11 12-1.

12 Using a combination of publicly available information and TransCanada PipeLines 13 Limited’s (“TransCanada”) existing land-based and Aboriginal engagement data, 14 Keystone confirmed that the pipeline route:

15 • crosses lands covered by Treaties 4, 6 and 7; 16 • does not cross any reserves, as defined under the Indian Act; and 17 • does not cross any lands that have been designated for reservation status under the 18 Indian Act.

19 Nekaneet and Carry The Kettle First Nations reserves are located within the initial 20 engagement zone. In addition, both First Nation communities have purchased lands 21 that have been placed on an Indian and Northern Affairs Canada (“INAC”) waiting 22 list to be designated as reservations; however, these lands are not within the 23 engagement zone.

TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 3 of 19

Figure 12-1: Keystone XL Pipeline Aboriginal Engagement Zone and Treaty Boundaries

TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 4 of 19

1 An initial list of potentially affected Aboriginal communities was developed based on 2 this desktop research, and, as a first step, telephone contact was established with those 3 identified Aboriginal communities having an existing relationships with 4 TransCanada.

5 12.2.2 Step 2 – Community Identification and Confirmation

6 To validate and update the initial list of contacts, Aboriginal communities, 7 organizations and government officials were contacted by telephone during the spring 8 and early summer of 2008. These calls were made mainly to individuals and groups 9 with responsibility for matters pertaining to environment, land and economic 10 development. They were intended to:

11 • provide the Project team with an indication as to whether the community or 12 organization may have an interest in the Canadian portion of the Keystone XL 13 Pipeline, based on the proximity of the Project area to their traditional lands or the 14 traditional lands of their members; 15 • help identify other communities that could have traditional lands in the Project 16 area; and 17 • obtain recommendations on the appropriate first points of contact for the other 18 referred communities.

19 Once identified, the first points of contact were then phoned to confirm their interest 20 in the Project, and an information package was sent to them for their review and 21 feedback. If there was no response, the Project team did not take any further action to 22 establish contact, focusing on engaging the communities that had expressed an 23 interest.

24 In addition to the initial community outreach, Aboriginal organizations and 25 governments, both First Nations and Métis, were contacted to assess their interest in 26 the Project and were asked whether they should be engaged as the primary first point TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 5 of 19

1 of contact, or as an organization representing some aspect of their community or 2 region. These organizations indicated that the primary first point of contact should be 3 the community or region that they represented, but that they should also be kept 4 informed on the Project. The organizations were:

5 • Federation of Saskatchewan Indian Nations; 6 • File Hills Qu’Appelle Tribal Council; 7 • Métis Nation of Alberta ; 8 • Métis Nation of Alberta, Region III Regional Council; 9 • Métis Nation – Saskatchewan; 10 • Métis Nation – Saskatchewan, Western Regions IIA and III; and 11 • Treaty Seven Management Corporation.

12 Based on the feedback provided by the communities and organizations, a validated 13 list of community and regional contacts was developed. The list was subsequently 14 discussed with the federal and provincial government departments responsible for 15 Aboriginal affairs. INAC confirmed the nearest reservations to the Project area and 16 indicated that it would like to be kept apprised of the Project.

17 Based on the community identification and confirmation process, the following First 18 Nation communities have been advised of the Project:

19 First Nations in Alberta:

20 • Blackfoot Confederacy:

21 ƒ Siksika Nation;

22 ƒ Kainai Nation (Blood);and

23 ƒ Piikani Nation; 24 • Maskwacis (Cree Nations):

25 ƒ Ermineskin Cree Nation; TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 6 of 19

1 ƒ Louis Bull;

2 ƒ The Montana First Nation;

3 ƒ Samson Cree Nation; 4 • Frog Lake First Nation; 5 • Alexander First Nation; and 6 • Nakoda (Stoney Nation).

7 First Nations in Saskatchewan:

8 • Nekaneet First Nation; 9 • Little Pine First Nation; 10 • Lucky Man Cree Nation; 11 • Red Pheasant Cree Nation; 12 • Chief Big Bear Nation; 13 • Mosquito, Grizzly Bear’s Head, Lean Man First Nations; 14 • Beardy’s and Okemasis First Nation; 15 • Peepeekiss First Nation; 16 • Piapot First Nation; 17 • Poundmaker First Nation; 18 • Saulteaux First Nation; 19 • Standing Buffalo Dakota First Nation 20 • Sweetgrass First Nation; 21 • Thunderchild First Nation; 22 • Wood Mountain First Nation; and 23 • Nakota Nation (Carry The Kettle First Nation).

TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 7 of 19

1 12.2.3 Step 3 – Sharing Project Information

2 12.2.3.1 Project Information Package

3 During the spring and summer of 2008, the validated list of Aboriginal communities 4 was used to distribute an introductory Project information package containing the 5 documents listed below. Copies of these materials are provided in Appendix 10-1.

6 • Aboriginal Relations TransCanada brochure 7 • Keystone XL Pipeline preliminary route map 8 • TransCanada Field Operations Regions map (2008) 9 • Rocky Mountain Region map 10 • Keystone XL Pipeline Project brochure 11 • Pipeline Construction Project fact sheet 12 • Pipeline Construction Top Soil Management Project fact sheet 13 • Emergency Response Plan Project fact sheet 14 • Energy Infrastructure Project fact sheet 15 • Pump Stations Project fact sheet 16 • What Landowners Can Expect Project fact sheet 17 • Leak Prevention And Detection Project fact sheet 18 • Cathodic Protection Project fact sheet 19 • About Crude Oil Project fact sheet 20 • Biological And Cultural Resource Surveys Project fact sheet 21 • Connecting With Our Communities TransCanada brochure 22 • Your Safety, Our Integrity TransCanada fact sheet 23 • Alberta One Call TransCanada brochure

24 In the cover letter to the introductory Project information package, recipients were 25 asked to confirm the level of interest that their community or organization might have 26 in the Project. An engagement plan was prepared for those communities indicating a TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 8 of 19

1 potential interest in the Project, reflecting the nature and timing of individual 2 community responses. While a variety of communication tools have been used in 3 preparing engagement plans, the most important have been the face-to-face meetings 4 with those communities expressing interest in being directly engaged in the Project.

5 The community identification and confirmation step has been ongoing and iterative. 6 Requests from Aboriginal communities wishing to be engaged continue to be 7 received, and the Project information package is still being distributed, usually at the 8 initial face-to-face meeting.

9 12.2.3.2 Face-to-Face Meetings

10 While face-to-face meetings were conducted on an informal basis, a record of contact 11 has been maintained. Appendix 12-1 contains a summary of these contacts, including 12 meetings held in 2008 and 2009. At these meetings, the following matters were 13 typically discussed:

14 • the contents of the Project information package; 15 • contact information and timing of follow-up meetings; 16 • the relative proximity of communities to the Project area; 17 • coalition updates provided; 18 • potential business and job training opportunities; and 19 • information package on educational opportunities.

20 Follow-up meetings were usually then scheduled with senior officials within each 21 community. These meetings included a Project presentation and were the first step in 22 identifying the community departmental and organizational specialists who would be 23 responsible for working with the Project. Once community specialists were identified, 24 a series of meetings followed. These meetings were intended to obtain a better TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 9 of 19

1 understanding of community interests and potential involvement in the Project, as 2 well as to raise matters such as: 3 • the process and mechanisms that would be used to identify potential heritage and 4 archaeological sites; 5 • alternative means of obtaining local and traditional knowledge within the Project 6 area; 7 • the manner in which traditional knowledge would be shared by the communities 8 with the Project; 9 • the potential for a pilot project involving the formation of Aboriginal community 10 coalitions or other interactive means, to:

11 ƒ provide a common position on matters of shared interest;

12 ƒ share experiences and knowledge of sacred sites, including the use of 13 ceremonies;

14 ƒ streamline the process for working with the Project from a budgetary and 15 administrative standpoint; and

16 ƒ enhance and maintain sustainable relations with Keystone and TransCanada; 17 • and the process for:

18 ƒ contracting and procurement;

19 ƒ job training sponsorships; and

20 ƒ scholarships.

21 12.2.3.3 Specialist Information

22 Additional material was provided to the leaders and identified specialists for each 23 community. These materials typically included:

24 • a map matrix comprised of:

25 ƒ full size maps describing the Project area, including known archaeological and 26 paleontological sites; TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 10 of 19

1 ƒ environmental maps and spatial data showing known vegetation and wildlife 2 in the Project area; 3 • a preliminary Project schedule; and 4 • the Preliminary Information Package that was filed with the Board on July 18, 5 2008.

6 Meetings were held at the request of the communities between the Project team and 7 these community representatives. If required, technical experts from the Project took 8 part in these meetings in order to address questions and concerns. These meetings are 9 included in the summaries provided in Appendix 12-1.

10 12.2.4 Step 4 – Formation of Aboriginal Coalitions

11 12.2.4.1 Approach

12 The Aboriginal engagement process developed for the Project was and is designed to 13 address Aboriginal considerations of those communities potentially affected which 14 have expressed an interest in the Project. The Project team established early 15 relationships with the Aboriginal communities and encouraged an interest in a 16 collaborative approach to assess the potential effects of the Project.

17 The Project team has implemented an innovative engagement process responsive to 18 the communities’ desire for a collaborative cross cultural process encompassing 19 multiple communities. In Saskatchewan, three cultural groups formed a coalition 20 presently known as the Nekaneet Coalition, to assist in gathering traditional 21 knowledge and traditional land use information for the Project in Saskatchewan. The 22 cultural groups are Blackfoot and Cree communities working with the Métis Nation – 23 Saskatchewan, Western Regions IIA and III.

TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 11 of 19

1 The First Nations in Alberta formed a similar alliance called the Maskwacis 2 Coalition. Initially, this Coalition was composed of the Samson, Ermineskin, Louis 3 Bull, the Montana First Nations and Siksika Nation. As a result of an internal decision 4 process, Siksika is no longer an active Coalition member but nonetheless is working 5 cooperatively with the Maskwacis Coalition.

6 12.2.4.2 Coalition in Saskatchewan

7 In the summer of 2008, Keystone suggested that one of the centrally located 8 communities in Saskatchewan, the Nekaneet First Nation, host a regional meeting of 9 Aboriginal communities to discuss the potential of the Project to affect traditional 10 lands. On June 6, 2008, a letter was sent to the following communities requesting 11 their attendance at Nekaneet First Nation as a result of their KXL inquiries:

12 • Nekaneet First Nation; 13 • Carry The Kettle First Nation; 14 • Wood Mountain First Nation; 15 • Siksika Nation; and 16 • Métis Nation – Saskatchewan, Western Regions IIA and III.

17 Wood Mountain and Carry The Kettle did not attend. The communities in attendance, 18 Siksika Nation, Métis Nation – Saskatchewan, Western Regions IIA and III and the 19 host community, agreed to:

20 • work with the Project team and its consultants to jointly plan and undertake a 21 comprehensive field survey program including heritage and archaeological 22 surveys; 23 • assess field results and collaborate with their members to determine the 24 recommendations to be jointly presented to the Project for consideration; TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 12 of 19

1 • present initial recommendations to the Project team as a group, but work 2 independently with the Project on community-specific solutions; 3 • present initial recommendations to Aboriginal communities within the North 4 Battleford area, as well as Aboriginal communities located in and around 5 Hobbema, Alberta and potentially, the Blackfoot communities; and 6 • defer consideration of economic, education and training opportunities while land 7 and environmental matters pertaining to the Project are under review.

8 As the field work progressed, additional First Nation communities expressed an 9 interest in being involved on the basis that the Project will take place within their 10 traditional territories. Those communities were:

11 • Little Pine First Nation; 12 • Lucky Man Cree Nation; 13 • Red Pheasant Cree Nation; and 14 • Chief Big Bear Nation.

15 The Project team had discussions with these communities informing them that the 16 Nekaneet Coalition was in the field completing research of potential impacts. The 17 communities were asked to wait for the two coalitions to complete their study. Once 18 results were available the findings could be presented for their review and 19 consideration. This would allow them to determine the extent of their involvement, if 20 any, in the Project.

21 Summary of Field Work in Saskatchewan

22 The Nekaneet Coalition began work on July 15, 2008 which commenced with a 23 flyover of the proposed route on July 17, 2008 to gauge what would be involved in 24 the study. The ground work consisted of a thorough walkabout. An average of 3 to TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 13 of 19

1 6 km was covered per day, depending on the time spent on each site identified. The 2 work ended on September 25, 2008.

3 As a result of the field work of the Nekaneet Coalition, numerous sites or items of 4 deemed cultural importance have been identified. Further work is underway to assess 5 the significance, locational extent, and to identify potential mitigation methods for 6 each site.

7 In the summer of 2009, the Nekaneet Coalition expects to re-visit sites to facilitate the 8 making of final recommendations concerning mitigation.

9 12.2.4.3 Coalition in Alberta

10 The Project team extended a similar invitation to the Aboriginal communities in 11 Alberta. A meeting was held to discuss the potential use of a coalition format for 12 addressing potential effects on traditional lands. The Maskwacis communities 13 (Ermineskin, Louis Bull, Montana and Samson) and the Siksika Nation agreed to 14 form a coalition to:

15 • plan and execute a joint field program that would focus on the pipeline right of 16 way (“ROW”) non-contiguous with the base Keystone ROW, including heritage 17 and archaeological surveys; 18 • assess the results of the field surveys and present their recommendations to the 19 Project; and 20 • assess the results of the field surveys and present their recommendations to North 21 Battleford Aboriginal communities.

22 The Siksika Nation participated with the Maskwacis Coalition in planning and 23 executing the field program and has decided to independently assess the survey 24 results. Prior to implementation of the field work, the Montana Cree First Nation TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 14 of 19

1 withdrew, but have since notified the Project team that it would like to be involved 2 starting in the spring of 2009.

3 Project information packages were sent to the various Blackfoot communities in the 4 latter part of the spring of 2008; only Siksika responded. Since the conclusion of the 5 2008 field work, the Kainai (Blood) and Piikani have recently expressed an interest in 6 assessing sacred sites.

7 As a result, the Project will work, in some capacity, with the following communities 8 for the 2009 field program:

9 • Maskwacis Coalition; 10 • Montana First Nation; 11 • Siksika Nation; 12 • Kainai Nation; and 13 • Piikani Nation.

14 Summary of Field Work in Alberta

15 The work of the Maskwacis Coalition began on October 22, 2008, ending on 16 November 12, 2008. As in Saskatchewan, numerous sites of interest were identified, 17 and work is underway to assess the significance, locational extent, and to identify 18 potential mitigation methods for those sites.

19 To minimize the physical demands of field work for Elders, motorized vehicles were 20 used. An average of 3 to 6 km per day was covered depending on the number and 21 nature of sites found. Some sites are scheduled to be re-visited in the summer of 22 2009.

TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 15 of 19

1 12.2.5 Step 5 – Procedures for Responding to Questions, Issues and Concerns

2 On November 18, 2008, members of the Nekaneet Coalition, Siksika Nation and 3 Métis Nation – Saskatchewan, Western Regions IIA and III met with the Project to 4 discuss their field findings and initial recommendations. Following review and 5 endorsement by community leaders recommendations for potential mitigation 6 measures will be presented to Keystone.

7 Meetings with members of the Nekaneet Coalition took place between December 16, 8 2008 and February 24, 2009, to discuss in detail field findings and potential 9 mitigation methods.

10 The Project team will review the feasibility of each community’s recommended 11 mitigation measures and develop a schedule to undertake additional field surveys, as 12 required.

13 Some sites will require a more detailed assessment and the collaborative development 14 and consideration of alternative mitigation measures. These measures, developed 15 through this collaborative process, will be incorporated into the construction plan and 16 Environmental Protection Plan for the Project.

17 The Maskwacis Coalition agreed to review field data and identify potential mitigation 18 measures at a meeting scheduled for March 3-5, 2009.

19 12.2.6 Step 6 – Incorporating Local and Traditional Knowledge

20 The communities asked for Elders’ guidance on matters relating to the lands and 21 resources potentially affected by the Project. This guidance was provided through the 22 field surveys described above.

TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 16 of 19

1 The Project team will consider integration of local and traditional knowledge as a 2 means to alleviate impacts on culturally significant sites. The Project team has 3 initiated discussions about possible mitigation methods with the various communities. 4 The actual measures chosen remain to be determined through on-going dialogue.

5 12.3 Field Findings and Continuing Dialogue

6 With respect to Saskatchewan, the primary issues that have arisen during the 7 information sharing process and field survey programs to date include:

8 • potential impacts and effects on traditional territories; 9 • location of the Project relative to the Great Sand Hills; 10 • interpretation of certain heritage and archaeological formations; and 11 • sustainable benefits such as training and educational opportunities.

12 These issues, along with potential mitigation strategies, are summarized in 13 Sections 12.3.1 to 12.3.4.

14 As noted previously, in order to address inquiries from other Aboriginal communities 15 and at the request of Keystone, both coalitions have agreed to present their 16 recommendations to other Aboriginal communities who have expressed an interest in 17 the Project. Based on agreements with Nekaneet Coalition, all field work is 18 considered intellectual property of each Coalition member. As for the Maskwacis 19 Coalition, the coalition owns the information. In both cases the information can only 20 be used for the design and construction of the Project. Permission must be obtained if 21 the information is to be used for other purposes.

22 For Alberta, as with Saskatchewan, additional field work is planned for 2009, with a 23 limited scope on new sites that require consideration of potential mitigation strategies. 24 The Project team’s approach is to maintain an open exchange of ideas to resolve TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 17 of 19

1 potential impacts on culturally significant sites, which will be determined through on- 2 going dialogue.

3 12.3.1 Potential Effects on Traditional Territories

4 Common to all Aboriginal communities that responded to the initial information 5 package was the concern about the potential of the Project to adversely impact 6 traditional territories.

7 Keystone does not believe that any of the lands traversed by the Project are, within 8 the meaning of the Canadian Environmental Assessment Act and the Filing Manual, 9 currently being used for traditional purposes. Aboriginal communities have not to 10 date advised Keystone of any current traditional use activities occurring on the lands 11 traversed by the Project. Aboriginal communities have expressed concern about the 12 potential of the Project to affect sacred sites and other sites of historical and cultural 13 importance.

14 On the basis of ongoing discussions Keystone understands that access to lands for the 15 exercise of traditional activities and access to sacred sites located on privately-owned 16 or on occupied Crown lands has been limited. In many instances Keystone was able 17 to obtain permission to access lands to conduct a traditional land survey. The 18 communities involved with the Project have expressed appreciation to Keystone for 19 helping them access their traditional lands within the engagement zone, so that they 20 could connect their oral history and songs with the actual sites that they hold sacred 21 or had used for traditional purposes.

22 12.3.2 Delineating the Great Sand Hills

23 Regardless of cultural differences all communities have expressed concern about the 24 boundaries that have been used by the Great Sand Hills Commission to define the TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 18 of 19

1 Great Sand Hills area. The concern centers on the shifting of the sands changing the 2 boundaries over time, burying traditional artifacts and sacred sites unknown to date 3 but which could be potentially affected by the Project.

4 Keystone continues to work collaboratively on potential mitigation measures to 5 address this commonly expressed concern.

6 12.3.3 Interpreting Heritage or Archaeological Features

7 During heritage resource field surveys, certain vegetation and rock formations were 8 discovered, particularly in the vicinity of major watercourse crossings. Some of these 9 formations have been interpreted differently by heritage consultants, community 10 Elders and by community representatives. The differences relate primarily to the 11 potential significance of these sites to each respective culture and the appropriate 12 mitigation measures. Lack of agreement between interested parties, Aboriginal 13 communities and responsible government agencies, complicates the process of impact 14 identification and mitigation. The Keystone team will continue to facilitate dialogue 15 and strive to support the communities in building long term relations.

16 12.3.4 Providing Opportunities for Jobs and Training

17 Where opportunities exist, Keystone will work with the communities to build 18 capacity, including Project-related training and employment.

19 Keystone and the coalitions have agreed to defer consideration of these opportunities 20 while land and environmental matters pertaining to the Project are under review.

TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement Page 19 of 19

1 12.4 Plans for Future Engagement and Follow-up

2 During the regulatory approval and construction phases, Keystone will continue to 3 follow its Aboriginal engagement process, from information sharing through the 4 development of suitable mitigation and the identification and provision of Project- 5 related jobs, training and educational opportunities. This will be accomplished 6 through the Aboriginal coalitions, as appropriate, or through on-going engagement 7 with individual communities.

8 Presently both coalitions are collaboratively working with Keystone and its 9 consultants on plans to finalize field survey recommendations and develop plans for 10 future field programs.

11 For the operations phase, Keystone will adopt TransCanada’s Integrated Public 12 Awareness (“IPA”) program and proactive approach to Aboriginal community 13 engagement. This proactive approach will focus on maintaining ongoing relationships 14 with Aboriginal communities along the Keystone XL Pipeline route through 15 regionally based Aboriginal Relations Liaisons. Among other things, these liaisons 16 will be responsible for:

17 • maintaining an ongoing dialogue with the communities; 18 • administering the IPA which covers:

19 ƒ maintaining safe operating facilities;

20 ƒ protecting the public from injury;

21 ƒ preventing or minimizing effects on the environment;

22 ƒ protecting company facilities from damage by the public; and

23 ƒ providing an opportunity for ongoing public awareness; 24 • identifying and developing economic, educational and social opportunities; 25 • maintaining appropriate database records of public awareness initiatives; and 26 • measuring, evaluating and reporting on effectiveness of these activities. TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement, Appendix 12-1 Page 1 of 7

APPENDIX 12-1

SUMMARY OF ABORIGINAL ENGAGEMENT ACTIVITIES TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement, Appendix 12-1 Page 2 of 5

Summary of Aboriginal Engagement Activities

No. Community No. of Methods of Summary Action Times Communication Contacted 1 Alexander First Nation 5 2 emails, 3 phone calls Contact made to arrange for Chief and A follow-up meeting will occur Council meeting for Feb. 11 at the Coast at a time to be determined by the Plaza in Calgary community. 2 Beardy's Okemasis First 2 1 letter, 1 phone call Sent general information package. No response from the Nation community. 3 Carry the Kettle First 40 21 phone calls, 10 Focus was primarily on the Keystone XL Keystone continues to work Nation (“CTK”) email, 8 face-to-face Pipeline. Elders visited sites. closely with CTK, although meetings, 1 letter Chief Kennedy is not totally satisfied with Keystone’s approach. 4 Chief Big Bear Nation 17 10 phone calls, 4 Chief Alex Little Bear made a decision not Traditional Land Use funds faxes, 3 face-to-face to get involved with the Keystone field provided ($20,000). Chief Little meetings. work in Saskatchewan. Chief Little Bear did Bear wanted additional support attend the Nekaneet Coalition presentation. for research into the USA, which He indicated additional support from was beyond what Keystone Keystone to study sites in the USA. would support. 5 Alberta and 3 3 emails Coalitions requested reseeding of certain A remediation seeding program Saskatchewan Coalitions species. is planned. 6 Ermineskin Cree Nation 42 11 phone calls. 3 face- Relationship is on-going through the Workshops have been held to to-face meetings, 28 Maskwacis Coalition. determine mitigation measures. emails The 2009 field surveys will continue once the weather breaks. 7 Federation of 4 1 letter, 3 phone calls Sent general information package. Keystone was advised to work Saskatchewan Indian with the individual Nations Nations impacted by the Project. 8 File Hills Qu’Appelle 8 1 letter, 7 phone calls Sent general information package. Met with Keystone was advised to work Tribal Council to discuss the Keystone XL Pipeline with the individual Nations Project. impacted by the Project. 9 Frog Lake First Nation 2 1 letter, 1 phone call Sent general information package. Mailed information package followed with a phone call. TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement, Appendix 12-1 Page 3 of 5

No. Community No. of Methods of Summary Action Times Communication Contacted 10 Kainai Nation 23 5 face-to-face On-going relationship building. Efforts are underway to meetings, 17 emails, 1 determine the level of letter involvement in the Keystone XL Pipeline project for 2009. 11 Little Pine First Nation 24 6 phone calls, 15 Did not participate in presentation for Minimal responses from the emails, 1 face-to-face Nekaneet Coalition. community despite regular meeting, 1 fax, 1 letter contact. 12 Louis Bull 43 1 phone call, 1 letter, 7 Relationship is on-going through the Workshops have been held to face to face, 34 emails Maskwacis Coalition. determine mitigation measures. The 2009 field surveys will continue once the weather breaks. 13 Lucky Man Cree Nation 5 1 letter, 3 phone calls, Did not participate in presentation for Minimal responses from the 1 email Nekaneet Coalition. community despite regular contact. 14 Maskwacis Coalition 27 7 face-to-face Relationship is on-going. Workshops have been held to meetings, 5 phone determine mitigation measures. calls, 15 emails The 2009 field surveys will continue once the weather breaks. 15 Maskwacis Cultural 11 3 face-to-face Trying to identify mechanism to assist all On March 5th a meeting with all College meetings, 3 phone the Maskwacis. Maskwacis and the College will calls, 5 emails determine what TransCanada support is required to benefit all Maskwacis. 16 Métis Nation – 7 1 letter, 2 face-to-face On-going discussion concerning Keystone An MOU is being drafted. Saskatchewan meeting, 3 emails, 1 XL and other TransCanada projects. phone call 17 Métis Nation of Alberta 2 1 letter, 1 phone call Sent general information package. No response from the organization. 18 Métis Nation of Alberta, 3 1 letter, 2 face-to-face Met with President Lanz. Indicated to keep them informed Region III Council meetings but was too busy to get involved. TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement, Appendix 12-1 Page 4 of 5

No. Community No. of Methods of Summary Action Times Communication Contacted 19 Métis Nation – 66 41 emails, 12 face-to- Relationship is on-going through the Workshops have been held to Saskatchewan Western face meetings, 12 Nekaneet Coalition. determine mitigation measures. Region III phone calls, 1 letter The 2009 field surveys will continue once the weather breaks. 20 Montana Cree First 52 5 phone calls, 1 letter, Relationship is on-going through the Workshops have been held to Nation 7 face to face, 39 Maskwacis Coalition. determine mitigation measures. emails The 2009 field surveys will continue once the weather breaks. 21 Mosquito, Grizzly Bear's 2 1 letter, 1 phone call Sent general information package. No response from the Head, Lean Man First community. Nations 22 Nekaneet Coalition 62 18 face-to-face Relationship is on-going. Workshops have been held to meetings, 40 emails, 4 determine mitigation measures. conference calls The 2009 field surveys will continue once the weather breaks. 23 Nekaneet First Nation 52 1 letter, 26 emails, 17 Relationship is on-going through the Workshops have been held to phone calls, 8 face-to- Nekaneet Coalition. determine mitigation measures. face meetings The 2009 field surveys will continue once the weather breaks. 24 Peepeekiss First Nation 2 1 letter, 1 phone call Sent general information package. No response from the community. 25 Piapot First Nation 2 1 letter, 1 phone call Sent general information package. No response from the community. 26 Piikani Nation 3 1 letter, 2 face-to-face Sent general information package. No response from the meetings community. 27 Poundmaker First Nation 2 1 letter, 1 phone call Sent general information package. No response from the community. 28 Red Pheasant Cree 19 12 phone calls, 1 face- Arranged Nekaneet Coalition on Jan. 28, Keystone field information used Nation to-face meeting, 6 2009. to initiate the coalition work, emails which will be couriered to the community. TransCanada Keystone Pipeline GP Ltd. Keystone XL Pipeline Section 52 Application Section 12: Aboriginal Engagement, Appendix 12-1 Page 5 of 5

No. Community No. of Methods of Summary Action Times Communication Contacted 29 Samson Cree Nation 47 1 letter, 33 emails, 6 Relationship is on-going through the Workshops have been held to phone calls, 7 face-to- Maskwacis Coalition. determine mitigation measures. face meetings The 2009 field surveys will continue once the weather breaks. 30 Saulteaux First Nation 2 1 letter, 1 phone call Sent general information package. No response from the community. 31 Siksika Nation 118 1 letter, 13 face to Is a participating member in the Nekaneet Workshops have been held to face, 18 phone calls, Coalition as well as a collaborative partner determine mitigation measures. 86 emails in the Maskwacis Coalition. The 2009 field surveys will continue once the weather breaks. 32 Standing Buffalo Dakota 2 1 letter, 1 phone call Sent general information package. No response from the First Nation community. 33 Stoney Nation 5 1 letter, 4 face-to-face Sent general information package. The Stoney Nation consultation meetings. package needs to be completed and sent back to their office. 34 Sweetgrass First Nation 2 1 letter, 1 phone call Sent general information package. No response from the community. 35 Thunderchild First 1 1 letter Sent general information package. No response from the Nation community. 36 Treaty 4 7 1 letter, 2 phone calls, Sent general information package. Keystone was advised to work 4 emails with the individual Nations impacted by the Project. 37 Treaty Seven 2 1 letter, 1 phone call Sent general information package. Keystone was advised to work Management with the individual Nations Corporation impacted by the Project. 38 Wood Mountain First 4 1 letter, 3 phone calls Sent general information package Minimal responses from the Nation community, despite regular contact.