APPENDIX a Early Engagement Activities, Per the CER Early Engagement Guide

APPENDIX A Early Engagement Activities, per the CER Early Engagement Guide

Section 1. Engagement Activities

ZCU has undertaken extensive engagement with all potentially affected persons and communities as described below.

From the very onset of the redevelopment project, as soon as a Memorandum of Understanding was executed with the former property owners Domtar, the Zibi project ownership, and by extension ZCU, identified potentially affected persons and designed project-specific engagement activities.

Being immediately adjacent to Portage Power (Hydro Ottawa’s) Chaudière Falls Hydroelectric facilities (include 5 generating stations), ZCU relied on their ongoing public awareness program for a list of directly affected persons and communities. ZCU also sought the advice of the City of Ottawa, la Ville de Gatineau and the National Capital Commission to identify potentially affected persons and communities.

1. Identify Potentially Affected Persons and Communities

1.1 Indigenous Peoples The entirety of the National Capital Region, Eastern Ontario, and Western Quebec is the traditional and unceded territory of the Algonquin Anishinabe. No treaties exist for the region, including the Zibi project lands, however an Agreement-In-Principle towards an eventual treaty has been struck between the Algonquins of Ontario (AOO, representing 10 communities), and the governments of Canada and Ontario, for a large section of Eastern Ontario.

The closest First Nation communities to Ottawa and Gatineau are the Algonquins of Pikwakanagan First Nation near Golden Lake, Ontario, and Kitigan Zibi Anishinabeg (KZA) near Maniwaki, Quebec, both approximately two hours from the project site. These two communities are historically the ones involved in matters in the National Capital Region by all layers of municipal, provincial and federal governments. Beyond these two communities, there are 9 other First Nation communities in Quebec and 9 other non-status communities represented by the Algonquins of Ontario.

Ottawa and Gatineau is also home to diverse other First Nations, Inuit and Métis Peoples.

1.2 Persons with an Interest in Lands Affected by the Project, Persons Potentially Affected by the Project or Government Authorities Persons with an interest in lands affected by the project were identified as follows: • Municipal governments o City of Ottawa o Ville de Gatineau

zibi.ca 6 Booth St, Ottawa [email protected] 613-224-0134

• Provincial governments, especially with respect to waterfront parcels and contaminated lands being remediated for the district thermal system, as well as the full build out of real estate community o Ontario Provincial Government o Quebec Provincial Government, in particular ▪ Ministère de l’Environnement et la Lutte contre les changements climatiques (MELCC) ▪ Ministère des Forêts, de la Faune et des Parcs (MFFP) • Federal governments o National Capital Commission, responsible for all waterfront in National Capital Region o Public Services and Procurement Canada, with regards to Chaudiere Bridge infrastructure work related to District Thermal System, and other community infrastructure, including but not limited to the addition of bike lanes. o Transport Canada o Department of Fisheries and Oceans (DFO) • Neighbouring land users o Hydro Ottawa (Portage Power Chaudière Falls Hydroelectric stations) o Kruger Paper Products • Zibi Community Residents o Current ▪ Block 13, O Condominium buildings in Gatineau ▪ Block 205 A, Kanaal Condominium buildings in Ottawa • General public of Ottawa and Gatineau o Commuter traffic (cars, bikes, pedestrian) on Chaudière Bridge during pipe construction work. Would not be impeded during operations. o Waterways around proposed pipeline are restricted due to neighbouring hydroelectric facilities, and therefore not open for public use (recreational, fishing, or otherwise)

2. Design project-specific engagement activities ZCU’s pipeline that is subject of this future application sits within a much larger and complex context as part of the Zibi redevelopment project. This real estate project straddles the provincial boundary between Ottawa, Ontario and Gatineau, Quebec, and is surrounded by the Ottawa River, Hydro Ottawa hydrogeneration facilities, and other large Crown properties nearby.

Consultation and community engagement are at the core of the Zibi community philosophy, and the One Planet Living design principles (certified by BioRegional). Consultation, engagement, ideation and dialogue have been extensive with the community for all matters of the redevelopment, including the District Energy System, as it is believed that these activities and diversity of voices will lead to overall better outcomes for the project.

A detailed list of project engagement and consultation activities is outlined in Appendix B - Table 1.

The project’s engagement and consultation program strived to be early, sincere and frequent with all potentially affected persons and communities. Consultation on the ZCU pipeline was frequently embedded as part of wider engagement on the project as a whole, but also had

dedicated engagement practices. Please refer to Appendix B for more details about these engagements.

ZCU and Zibi’s project-specific consultation activities were initiated as soon as the project planning and design began. It provided clear, relevant, timely, accessible and inclusive information to a wide diversity of audiences, including both municipal governments, the general public and the Algonquin Anishinabe communities. Through this early and frequent engagement, it was possible to understand any questions or concerns by potentially affected persons or communities, and be responsive to those needs and input where possible.

ZCU and Zibi maintain positive working relationships with all potentially affected persons and communities identified in item 1 above, and have regularly scheduled meetings and other mechanisms in place to continue engagement and dialogue throughout the regulatory process, construction and operation phases.

Factors considered when designing engagement activities, as related to the ZCU pipeline of this future application: the nature, magnitude The pipeline is localized to a 0.292 km span above the Ottawa and location of the River in the downtown cores of Gatineau, Québec and Ottawa, project; Ontario the potential An Environmental and Socio-economic assessment conducted by environmental and socio- BBA concluded that with the implementation of proposed economic effects of the mitigation measures, the pipeline can be constructed and project; operated without significant negative impact to the environment. Please refer to Appendix B. effects of the project on The pipeline will be land based in Gatineau and will be suspended navigation and above the Ottawa River tight to the underside of the deck of the navigation safety; Chaudière Bridge. The project will be located immediately downstream of an active hydroelectric dam and generating stations, owned and operated by Portage Power which completely impedes navigation. Floating barrels linked by cables from shore to shore barricade boats of any kind approaching the bridge during the boating season, and caution signs currently hang on Chaudière Bridge advising of the danger.

This is not a navigable section of the Ottawa River, but the river on the whole is considered to be navigable under the Navigable Waters Protection Act. Therefore a notification has been submitted to Transport Canada. potential broad impacts An Environmental and Socio-economic assessment conducted by of the project that may BBA concluded that there is low significant negative extend beyond the environmental effect on the acoustic environment during the project boundaries (e.g., construction and operation. There is no significant negative noise and air emissions); environmental effect on air emissions during construction and no increased air emissions during operation. Minor and temporary greenhouse gas emissions could be expected during construction through the use of standard construction equipment. Minor and temporary noise is expected during construction as standard

construction equipment will be used including a crane. Please refer to Appendix B. all registered and non- Accounted for registered interests held in the lands that may be affected by the project, which may include individuals or organizations identified through the engagement process; the specific or distinct Accounted for needs of various potentially affected persons and communities; the location of Indian No reserve lands, Métis settlements or existing treaties; reserve lands, Métis Traditional territories of the Algonquin Anishinabe, however lands settlements and related to pipeline were manmade post-European contact traditional territories; existing local community None identified related to this ZCU project application concerns or sensitive issues that may be exacerbated by the project; the potential for Minimal risks associated to the project malfunctions or accidents and risk associated with the project as it relates to emergency management; the availability of As the project is located directly in the downtown core of Gatineau emergency services; and Ottawa, emergency services are immediately available. the compatibility of the Post-industrial property located in Ottawa River floodplain, and project with current land the underside of a federal interprovincial commuter bridge. use and zoning; the proximity of the The project is located in the downtown urban centre of Ottawa project to urban centres and Gatineau, in order to service the community with sustainable and related heating and cooling sources from the District Energy network. infrastructure; different project routing, Accounted for design and construction alternatives, and their potential impacts on persons and communities; and

2.1 Engagement Activities and Methods with Indigenous Peoples

Please refer to Appendix B – Table 1 for detailed breakdown of engagement activities, dates, locations and audiences.

A robust engagement program has been co-developed and implemented since 2013 by the project proponent with the regional Algonquin Anishinabe communities before commencement of project work, and has been reviewed and monitored by the federal agencies including the National Capital Commission and Public Services and Procurement Canada. The engagement program began by establishing Letters of Intent with interested communities, and co-developing the details towards a Collaborative Benefits Agreements (CBAs). CBAs have been established with the Algonquins of Pikwakanagan First Nation (AOPFN) and the Algonquins of Ontario (AOO) since 2018, from which ongoing initiatives will benefit the community throughout the real estate development lifecycle (approximately 15 years). This Agreement includes exclusive investment opportunities for the Algonquin Anishinabe in the Zibi community’s District Energy System, associated with this pipeline application. Algonquin Anishinabe communities have been presented the system components and explained its location, function and requirements.

Engagement methods favoured for this group: • Mailed and hand delivered project flyers and information decks • Community newsletter announcements and updates • In-community presentations (PowerPoint, videos, and plenty of audio-visual supports) • Project site walks/site visits • Indigenous Engagement-specific website • Project website • Telephone calls • Workshops • Information sessions • Ideation and brainstorming sessions • Working with Chief and Band Council, and trusted community liaisons and advisors

All communications were provided in English and French. Anishinabemowin (Algonquin language) is not commonly spoken.

The Zibi Project’s Indigenous Engagement Program & Goals

Zibi has strong partnerships and positive relationships with several communities of the Algonquin Anishinabe Nation since the very inception of the project in 2013, and on an ongoing basis.

Guided by the recommendations of the City of Ottawa, the Ville de Gatineau and the National Capital Commission (NCC), Zibi began outreach to explore potential partnerships initially with the communities of Kitigan Zibi Anishinabeg (KZA), Algonquins of Pikwakanagan First Nation (AOPFN) and the Algonquins of Ontario (AOO, representing 10 communities in Ontario). Numerous in-person meetings, phone calls, development site visits with Chiefs and Councils, as well as presentations to Elders circles and the wider community membership. In 2015, there was a growing desire from KZA band council to involve more remote Algonquin communities into matters within the National Capital Region. As such, from 2015 onward, the Zibi project

leadership extended outreach and collaboration opportunities to all other Algonquin Anishinabe communities in Quebec and Ontario. There were dozens of meetings, presentations, calls and community visits with the communities of Eagle Village, Kicisaskik, Lac-Simon, Long Point, Wahgoshig, Abitibiwinni, Lac Barrière, Timiskaming, and Wolf Lake, as well as the Algonquin Anishinabe Nation Tribal Council (AANTC), and the Algonquin Nation Secretariat (ANS).

As a direct outcome of these efforts, Zibi has formal agreements (“Collaborative Benefits Agreement”, CBA) signed since 2018 with the Algonquin communities of Pikwakanagan First Nation, as well as the Algonquins of Ontario (representing 10 communities, as well as the only group with a Agreement in Principle towards a treaty for unceded Algonquin territory with the governments of Ontario and Canada for Eastern Ontario). Preliminary agreements (Letters of Intent) have also been signed with the communities of Timiskaming First Nation and Long Point First Nation since 2017, which did not evolve to the point of becoming a more detailed CBA.

With these Agreements, Zibi commits to collaborate with partner Algonquin Anishinabe communities to:

1. provide investment and long-term economic development opportunities for communities (including shares in the project’s unique district energy system, the purchase of residential units or commercial space, as well as a generating an economic development fund based on developed square footage);

2. offer jobs, training and mentorship opportunities throughout the life cycle of the project (from construction through to property management and business operations);

3. incorporate public art, symbols and tangible recognition of the ancestral territory of the Anishinabe Algonquins in public spaces across the site (includes but not limited to Indigenous plant species, renaturalized riverfront, signage and storytelling through sitewide infrastructure);

4. involve youth in particular from First Nation communities, with the provision of summer jobs, co-op, site visits and school presentations;

5. prioritize the decontamination and naturalization of all waterfront lands on the Ottawa River, maximize opportunities for public spaces and gathering places.

There is a huge interest from partner communities to support environmental sustainability initiatives within the Zibi project, as this represents a shared value with the Indigenous world view, and directly supports reconciliation.

Finally, the project also benefits from an Algonquin Anishinabe Advisory Circle, the Memengweshii Council, composed of leaders in Algonquin culture and language, from the communities of Pikwakanagan First Nation and Kitigan Zibi Anishinabeg. The Council meets several times a year to guide decision-making related to design, and all matters of First Nation culture and language on site.

Notice of this Application to the CER will be communicated to Zibi project partner Algonquin Anishinabe communities.

2.2. Engagement Activities and Methods with Persons with an Interest in Lands Affected by the Project, Persons Potentially Affected by the Project or Government Authorities

Please refer to Appendix B – Table 1 for detailed breakdown of engagement activities, dates, locations and audiences.

In addition to Indigenous communities, extensive consultations, engagements, meetings and discussions have been led with potentially affected communities regarding the Zibi project as a whole, and specific elements of the district energy system . Three community consultations were held in Ottawa, Gatineau, and a combined session, as required by municipal governments occurred between 2013 and 2015. Regional governments (federal, provincial, municipal) are unanimously supportive of the district energy system, and current residents of the Zibi project are keen for the full implementation of the carbon zero energy source.

Based on list outlined in 1.2, ZCU engagement methods favoured for this group: • Design charrettes • Open house meetings • Project site tours • On-site meetings • Focused topic workshops • Advertisements in local newspapers • Project web page • Telephone calls • In-person meetings • Presentations (PowerPoint, videos, and plenty of audio-visual supports) • Information packages by email and conference call

All communications were provided in English and French.

Section 2 Justification for not undertaking Additional Engagement Activities

In the event that the engagement activities prescribed by the Early Engagement Guide have not been fully complied with by Zibi/ZCU in the CER’s opinion per Section 1, ZCU hereby submits the following justification explaining why additional engagement should not be required.

Response Justification

Equivalent True Previous and equivalent engagement activities have Engagement Activities been undertaken with any potentially affected Indigenous communities by the National Capital Commission (NCC) and Public Services and Procurement Canada (PSPC) on behalf of the Federal government. Consultation pertained to the transfer of certain federal perpetually leased post-industrial fill land in Ottawa, Ontario and Gatineau, Quebec. The engagements included a series of in-person meetings with Algonquin Anishinabe Chiefs and Band Council representatives in Ottawa over the course of 3 years, between 2015 and 2018.

Also see Section 1 of this Appendix A.

Project is of a small True scale and is localized The pipeline is localized to a 0.292 km span above the Ottawa River between Gatineau, Québec and Ottawa, Ontario

All construction is to True occur on previously As indicated by Figure 1 below in this Appendix A, disturbed land construction from valves in Gatineau onto several bridge structures and then to the valves in Ottawa will occur on previously disturbed post-industrial land. The footprint of the proposed pipeline lies within the footprint of an existing deactivated pipeline.

There is no potential True The pipeline will be land based in Gatineau and will be for an impact on suspended above the Ottawa River tight to the navigation underside of the deck of the Chaudière Bridge. The project will be located immediately downstream of an active hydroelectric dam and generating stations, owned and operated by Portage Power which completely impedes navigation. Floating barrels linked by cables from shore to shore barricade boats of any kind approaching the bridge during the boating season, and caution signs currently hang on Chaudière Bridge advising of the danger.

The land acquisition True Land-based portions of the pipeline will be located on process is complete private property owned by Zibi (parent company of Zibi and landowner Community Utility) or land managed by the National concerns have been Capital Commission. Zibi and/or Zibi Community Utility addressed has existing servitudes with these landowners which are currently being updated to reflect the final design of the pipeline and the NCC’s FLUTDA process, which updates the former servitude for the previous deactivated pipeline.

Zibi entities have an easement for land managed by the National Capital Commission (NCC) and is expecting a decision on the NCC’s FLUTDA process in July 2020.

A licence of occupation exists between a Zibi entity and Public Services and Procurement Canada for the portion of the existing deactivated pipeline presently on the Chaudière Bridge. This licence is being renewed to reflect the new pipe configuration and sizes and will be transferred to Zibi Community Utility by June 30, 2020.

Please refer to Figure 2 below in this Appendix A. There are no residents False The purpose of the pipeline is to bring sustainable near the proposed thermal energy to residents for both residential and project commercial heating and cooling requirements on a dense urban site - Zibi. Therefore, the pipeline related to this application must be within 200 meters of the nearest residential building in Ottawa and Gatineau. All buildings, and therefore all residents, at Zibi require the pipeline for heating and cooling. There are not any non-Zibi residents near the pipeline location.

Zibi Community Utility would like to remind the Commission that this pipeline will not be carrying a toxic substance and there are no anticipated impacts to air and noise or traffic (Please refer to Appendix B).

No other land uses or True The project is located on post-industrial properties and waterways uses or is connected to existing federal bridge infrastructure,

interests would be immediately downstream from a hydroelectric dam with affected 5 generators. There are no other uses or interests for the parcels involved in this pipeline application, nor will the existing adjacent property land uses change in the foreseeable future. There is no potential True Based on geomorphological and archeological studies for traditional use of the site and specifically the lands pertaining to the activities to be pipeline of this application, no traditional use activities affected by the project would have been possible due to their location in the Ottawa River floodplain and in this particular location of extremely high river currents, prior to industrial control of the waterway by hydro authorities. Prior to the Zibi redevelopment project, the lands related to this application were under heavy industrial use and operations led by EB Eddy and Domtar.

There is no potential True A cumulative effects assessment conducted by BBA for cumulative concluded that residual impacts from construction and environmental effects operation are low. Please refer to Appendix B.

There are negligible True An Environmental and Socio-economic assessment environmental effects conducted by BBA concluded that with the associated with implementation of proposed mitigation measures, the construction and pipeline can be constructed and operated without operation significant negative impact to the environment. Please refer to Appendix B.

There is no increase True There is no storage or disposal of toxic substances as in the storage or part of the proposed construction or operation of the disposal of toxic pipeline. substances

There is no increase True An Environmental and Socio-economic assessment in noise emissions conducted by BBA concluded that there is low significant negative environmental effect on the acoustic environment during the construction and operation. Minor and temporary noise is expected during construction as standard construction equipment will be used including a crane. Please refer to Appendix B.

There is no increased True An Environmental and Socio-economic assessment emissions in air conducted by BBA concluded that there is low contaminants significant negative environmental effect on air emissions during construction and no increased air emissions during operation. Minor and temporary greenhouse gas emissions could be expected during

construction through the use of standard construction equipment. Please refer to Appendix B.

There is no potential True An Environmental and Socio-economic assessment for local nuisance, conducted by BBA concluded that there is low including potential for significant negative environmental effect as a result of increased dust or minor and temporary dust that could be generated traffic during construction. As the pipeline operation is contained to the pipeline, no dust is anticipated as part of the operation. Please refer to Appendix B.

No increase to traffic is anticipated as part of the construction or operation of the pipeline.

Facilities within True The pipelines will sit over private property owned by Zibi Company Owned or entities (parent company of ZCU) and within existing Leased Lands servitudes and Licences with Public Services and Procurement Canada and the National Capital Commission. Please refer to Figure 2 below in this Appendix A.

Figure 1: Aerial view of Zibi project circa 2007 demonstrating remnants of post-industrial site that was subject to 200 years of industrial use. Blue line indicates approximate footprint of proposed pipeline.

Figure 2: Indicating existing easement with the National Capital Commission (NCC). The existing license of occupation with Public Services and Procurement Canada exists across Chaudière Bridge.