Section 5 Consultation and Indigenous Matters
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Westcoast Energy Inc., doing business as Spectra Energy Transmission Section 5- Consultation and Indigenous Matters 6BL Bonaparte River Crossover Assembly Page 1 of 33 SECTION 5 CONSULTATION AND INDIGENOUS MATTERS Westcoast Energy Inc., doing business as Spectra Energy Transmission Section 5- Consultation and Indigenous Matters 6BL Bonaparte River Crossover Assembly Page 2 of 33 5.0 Consultation and Indigenous Matters 5.1 Consultation Program and Vision Consultation activities for the Project have been and will continue to be conducted based on the following principles set out in Enbridge Inc.’s Corporate Social Responsibility Policy. Enbridge defines Corporate Social Responsibility as follows: Conducting business in a socially responsible and ethical manner; Protecting the environment and the safety of people; Supporting human rights; and Engaging, learning from, respecting and supporting the communities and cultures with which we work. Westcoast will engage clearly, honestly, and respectfully. We are committed to timely and meaningful dialogue with Indigenous peoples and stakeholders, including landowners, shareholders, customers, employees, governments, and regulators, among others. 5.2 Principles and Goals Westcoast recognizes the importance of working with all persons and groups who may be potentially affected by any phase of a project. The goals of the consultation program are to: Identify stakeholders and Indigenous communities who have interests in the Project area who could potentially be affected by the Project as soon as possible in the planning phase; Inform potential stakeholders and Indigenous communities throughout the various phases of the Project by sharing information on key Project specifics in a clear and timely manner; Create opportunities for meaningful stakeholder and Indigenous community engagement as early as possible in the Project planning process and advise stakeholders of their opportunities to communicate with the National Energy Board (“NEB”); Develop a feedback loop within the Project team to ensure Indigenous and stakeholder feedback and input is incorporated into the Project design and planning process; Understand and respond to any issues or concerns in an effort to resolve or mitigate those issues or concerns; and Maintain ongoing communications with stakeholders and Indigenous communities throughout the planning, construction and post-construction phases with a view to continued development of the long-term relationships required for the operation of the facilities. 5.3 Indigenous Consultation Indigenous consultation activities for the Project have been and will continue to be conducted based on the following principles set out in Enbridge Inc.’s Indigenous Peoples Policy, which states: Westcoast Energy Inc., doing business as Spectra Energy Transmission Section 5- Consultation and Indigenous Matters 6BL Bonaparte River Crossover Assembly Page 3 of 33 We recognize the legal and constitutional rights possessed by Indigenous peoples in Canada and in the U.S., and the importance of the relationship between Indigenous peoples and their traditional lands and resources. We commit to working with Indigenous communities in a manner that recognizes and respects those legal and constitutional rights and the traditional lands and resources to which they apply, and we commit to ensuring that our projects and operations are carried out in an environmentally responsible manner. We recognize the importance of the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”) within the context of existing Canadian and U.S. law and the commitments that governments in both countries have made to protecting the rights of Indigenous peoples. We engage in forthright and sincere consultation with Indigenous peoples about Enbridge’s projects and operations through processes that seek to achieve early and meaningful engagement so their input can help define our projects that may occur on lands traditionally used by Indigenous peoples. We commit to working with Indigenous peoples to achieve benefits for them resulting from Enbridge’s projects and operations, including opportunities in training and education, employment, procurement, business development, and community development. We foster understanding of the history and culture of Indigenous peoples among Enbridge’s employees and contractors, in order to create better relationships between Enbridge and Indigenous communities. This Policy outlines Enbridge’s recognition of the diversity of Indigenous peoples who live where we work and operate and recognizes the importance of reconciliation between Indigenous communities and broader society. Positive relationships with Indigenous peoples, based on mutual respect and focused on achieving common goals, will create constructive outcomes for Indigenous communities and for Enbridge. 5.4 Consultation Design 5.4.1 Identification of Indigenous Groups The consultation program design began with a review of local and regional interests in the Project area to facilitate the identification of persons or groups who may potentially be affected by the Project. A key consideration was the location of the Project as well as potential Project impacts and the mitigation measures available to address those impacts. The proposed Project is located approximately 13 kilometres (km) southeast of 70 Mile House, B.C. Westcoast requested a Traditional Territory analysis from the NEB and ran an assessment through the British Columbia Consultative Areas Database to confirm potentially impacted Indigenous groups. The following Indigenous groups were identified through the assessment process for the Project: Bonaparte Indian Band Boothroyd Indian Band Westcoast Energy Inc., doing business as Spectra Energy Transmission Section 5- Consultation and Indigenous Matters 6BL Bonaparte River Crossover Assembly Page 4 of 33 Canim Lake First Nation High Bar First Nation Métis Nation of British Columbia Métis Nation of British Columbia - North Central Region Neskonlith Indian Band Northern Secwepemc Tribal Council (“NStQ”) Sexqeltqin (Adams Lake) First Nation Skeetchestn Indian Band Skwlax (Little Shuswap) First Nation Stk’emlupsemc te Secwepemc Nation (“SSN”) Stswecem’c Xgat’tem (Canoe Creek) First Nation Tk’emlúps te Secwe̓pemc Band Whispering Pines / Clinton Indian Band Williams Lake Indian Band Xatsu'll (Soda Creek) First Nation 5.4.2 Identification of Local and Regional Interests Based on the Project scope, a review of local and regional interests in the Project area was undertaken to facilitate the identification of persons or groups who may potentially be affected by the Project. Key considerations of identification of local and regional interests included: evaluation of existing relationships based on previous interactions from many years of operating in the area; location of the proposed Project as well as potential Project impacts and the mitigation measures available to address those impacts; and assessment of a 650 m radius from the proposed Project location, based on the Emergency Planning Zone (“EPZ”) associated with pipeline infrastructure at the location. Through this assessment process, Westcoast identified the following interests: 1 trapline holder via BC Trappers Association 1 guide outfitter via Guide Outfitters Association (note: Westcoast received an email from the BC Guide Outfitter Association advising that the Guide Outfitter listed was not a current member, contact information was not available, and therefore no Project notification was sent) 1 woodlot holder 1 road tenure holder 1 range tenure Local / regional / provincial government authorities: o MLA Jackie Tegart (Fraser-Nicola) o Thompson-Nicola Regional District, Electoral Area “E” Westcoast Energy Inc., doing business as Spectra Energy Transmission Section 5- Consultation and Indigenous Matters 6BL Bonaparte River Crossover Assembly Page 5 of 33 5.5 Consultation Program Implementation Westcoast’s initial engagement for the Project commenced in summer 2018. Pre-Application notification was provided to all potentially affected groups in November 2018. A Project Consultation Record, which provides a summary of engagement activities undertaken by Westcoast, is included as Appendix 1. The following provides additional details of the consultation activities undertaken to date for the Project. Engagement and communication methods included: Email exchanges Event attendance Letters / factsheets Meetings Offers to participate in fieldwork Toll free telephone line and information email account Website 5.5.1 Environmental and Archaeology Fieldwork In September 2018, environmental studies related to the Project were conducted at the proposed Project area. A representative from Skeetchestn Indian Band participated in the environmental studies. Archaeology Impact Assessment (“AIA”) fieldwork was conducted and completed on October 23, 2018 by Landsong Heritage Consulting Ltd. which concluded that there are no archaeology concerns for the Project as currently proposed. Representatives from Skeetchestn Indian Band participated in the AIA. An additional representative from Skeetchestn Indian Band participated as the archaeology field director. No archaeology concerns were raised by the participants. Skeetchestn Indian Band requested a Cultural Heritage Overview (TLU) for the proposed Project area. A Skeetchestn Indian Band representative participated with Westcoast archeology field crews to conduct the study on October 23,