2976

IN THE MATTER OF THE JOINT REVIEW PANEL ("JOINT PANEL") ESTABLISHED TO REVIEW THE JACKPINE MINE EXPANSION, FORT MCKAY, , ("PROJECT") PROPOSED BY SHELL CANADA LIMITED ("SHELL")

AND IN THE MATTER OF ALBERTA ENERGY RESOURCES CONSERVATION BOARD ("ERCB") APPLICATION NO. 1554388

AND IN THE MATTER OF CANADIAN ENVIRONMENTAL ASSESSMENT AGENCY ("AGENCY") CEAR NO. 59540

AND IN THE MATTER OF THE ENERGY RESOURCES CONSERVATION ACT R.S.A. 2000 C. E-10

AND IN THE MATTER OF THE OIL SANDS CONSERVATION ACT, R.S.A. 2000, C.0-7

AND IN THE MATTER OF THE CANADIAN ENVIRONMENTAL ASSESSMENT ACT, 2012, S.C. 2012, C. 19, S. 52

BY THE ALBERTA ENERGY RESOURCES CONSERVATION BOARD AND THE

______

PROCEEDINGS AT HEARING

NOVEMBER 14, 2012

VOLUME 13

PAGES 2976 TO 3327

______

C o p y ______

Held at: MacDonald Island Park 151 MacDonald Drive Fort McMurray, Alberta T9H 5C5

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APPEARANCES

JOINT PANEL:

Mr. Jim Dilay, Panel Chair Mr. Alex Bolton, Panel Member Mr. Les Cooke, Panel Member

CANADIAN ENVIRONMENTAL ASSESSMENT AGENCY (CEAA):

Charles Birchall, Esq., CEAA Counsel Ms. Jill Adams, Joint Review Panel Manager Ms. Lucille Jamault, Manager of Communications

ENERGY RESOURCES CONSERVATION BOARD (ERCB):

Gary Perkins, Esq., Board Counsel Ms. Meighan LaCasse, Board Counsel Robert J. Mueller, Board Counsel

Ms. Amanda Black, Hearing Coordinator Mr. Darin Barter, ERCB Communication

PANEL SECRETARIAT: Mr. Paul Aguas Ms. Gladys Onovwiona Mr. Yetimgeta Mihiretu Ms. Tara Wang Ms. Krista Boychuk Ms. Erin Tough Mr. Steven van Lingen Mr. Don South Mr. Michael Bevan Ms. Afshan Mahmood Mr. Daniel Martineau Ms. Courtney Trevis Mr. Jean-Pierre Thonney Ms. Deborah Austin

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APPLICANT

Shawn Denstedt, Q.C. ) Shell Canada Ltd. Sander Duncanson, Esq. ) Dan Kolenick, Esq. )

INTERVENERS (in alphabetical order):

Eamon Murphy, Esq. ) Athabasca Ms. Jenny Biem ) First Nation

Kirk Lambrecht, Q.C. ) Attorney General James Elford, Esq. ) of Canada

Ms. Donna Deranger ) Donna Deranger ) (Self-represented)

Ms. Karin Buss ) Fort McKay First Nation ) and Fort McKay Métis ) Community Association

Rangi Jeerakathil, Esq. ) Fort McMurray #468 First ) Nation

Ms. Anna Johnston ) John Malcolm, the ) Non-Status Fort ) McMurray/Fort McKay ) First Nation and the ) Clearwater River Paul ) Band #175

Ms. Cynthia Bertolin ) Métis Nation of Alberta Ms. Debbie Bishop ) Region 1 and the ) individuals and groups ) named together with ) Region 1

Don Mallon, Q.C. ) Mikisew Cree Ms. Daniela O'Callaghan ) First Nation

Thomas Rothwell, Esq. ) Minister of Justice and ) Attorney General of ) Alberta ) (No further ) participation)

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Ms. Karin Buss ) Oil Sands Environmental Ms. Melissa Gorrie ) Coalition

Ray Purdy, Q.C. ) Regional Municipality of Ms. Katherine Morianos ) Wood Buffalo Tore Purdy, Esq. )

Ms. Chelsea Flook ) Sierra Club Prairie (Registering on its behalf) )

Ms. Melissa Gorrie ) Keith Stewart (Registering on his behalf) )

Ms. Sheliza Ladha ) Syncrude Canada Ltd.

Ms. Kellie Johnston ) TOTAL E&P Canada Ltd.

Ms. Melissa Gorrie ) Clinton Westman (Registering on his behalf) )

Ms. Melissa Gorrie ) Anna Zalik and (Registering on their behalf) Osume Osuoka

REALTIME COURT REPORTING:

Realtime Connection, Inc. Nancy Nielsen, RPR, RCR, CSR(A) Stephen Gill, OCR

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INDEX OF PROCEEDINGS

DESCRIPTION PAGE NO.

WEDNESDAY, NOVEMBER 14, 2012 2986 (8:30 A.M.)

MÉTIS NATION OF ALBERTA - REGION 1 AND 2988 THE INDIVIDUALS AND GROUPS NAMED TOGETHER WITH REGION 1 PANEL: BILL LOUTITT (RECALLED AND REMINDED OF OATH)

CLARIFICATION EVIDENCE BY MR. LOUTITT: 2988

FURTHER CROSS-EXAMINATION OF MÉTIS 2989 NATION OF ALBERTA - REGION 1 AND THE INDIVIDUALS AND GROUPS NAMED TOGETHER WITH REGION 1 PANEL MEMBER (MR. LOUTITT), BY MR. DENSTEDT:

MÉTIS NATION OF ALBERTA - REGION 1 AND 2990 THE INDIVIDUALS AND GROUPS NAMED TOGETHER WITH REGION 1, SECOND WITNESS PANEL:

PETER FORTNA (AFFIRMED) CLEM CHARTIER (AFFIRMED)

PRESENTATION BY MR. FORTNA: 2991

CROSS-EXAMINATION OF MÉTIS NATION OF 3055 ALBERTA - REGION 1 AND THE INDIVIDUALS AND GROUPS NAMED TOGETHER WITH REGION 1, SECOND WITNESS PANEL, BY SHELL CANADA, BY MR. DUNCANSON:

(THE MORNING ADJOURNMENT) 3065

QUESTIONS OF MÉTIS NATION OF ALBERTA - 3073 REGION 1 AND THE INDIVIDUALS AND GROUPS NAMED TOGETHER WITH REGION 1, SECOND WITNESS PANEL, BY THE ERCB BOARD STAFF, BY MR. PERKINS:

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INDEX OF PROCEEDINGS (CONT'D):

MÉTIS NATION OF ALBERTA - REGION 1 3073 AND THE INDIVIDUALS AND GROUPS NAMED TOGETHER WITH REGION 1, SECOND WITNESS PANEL, BY THE ERCB BOARD STAFF, BY MR. PERKINS:

(WITNESSES EXCUSED) 3087 (A BRIEF ADJOURNMENT) 3088

ATTORNEY GENERAL OF CANADA WITNESS 3088 PANEL, (SWORN AND/OR AFFIRMED):

FISHERIES AND OCEANS CANADA (DFO): BRIAN MAKOWECKI MAREK JANOWICZ COURT D. BERRYMAN

ENVIRONMENT CANADA (EC): CHERYL BARANIECKI RON BENNETT BARRIE BONSAL WILLIAM BOOTY PATRICIA CHAMBERS DAVE FOX HEATHER MORRISON SAMANTHA SONG DOUG SPRY STEPHEN VIRC CORINNA WATT RICHARD WIACEK GREG BICKERTON

NATURAL RESOURCES CANADA (NRCAN): SHELLEY BALL KIM KASPERSKI MIROSLAV NASTEV BAOLIN WANG

TRANSPORT CANADA (TC): DALE KIRKLAND SHANNON VOLLEMA.

MATTERS SPOKEN TO BY MR. LAMBRECHT: 3090

INTRODUCTION OF THE ATTORNEY GENERAL OF 3095 CANADA PANELS:

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INDEX OF PROCEEDINGS (CONT'D):

CROSS-EXAMINATION OF THE ATTORNEY 3104 GENERAL OF CANADA PANEL, BY OSEC, BY MS. GORRIE:

(THE LUNCHEON ADJOURNMENT) 3120 (PROCEEDINGS ADJOURNED AT 12:10 P.M.) (PROCEEDINGS RECONVENED AT 1:10 P.M.)

SCHEDULING MATTERS SPOKEN TO: 3120

CROSS-EXAMINATION OF THE ATTORNEY 3123 GENERAL OF CANADA PANEL, BY OSEC, BY MS. GORRIE (CONTINUING):

CROSS-EXAMINATION OF THE ATTORNEY 3172 GENERAL OF CANADA PANEL, BY OSEC, BY MS. BUSS:

(THE AFTERNOON ADJOURNMENT) 3193

CROSS-EXAMINATION OF THE ATTORNEY GENERAL OF CANADA PANEL, BY OSEC, BY MS. BUSS (CONTINUING):

(THE DINNER ADJOURNMENT) 3263

(THE HEARING ADJOURNED AT 5:08 P.M.) (THE HEARING RECONVENED AT 6:00 P.M.)

CROSS-EXAMINATION OF ATTORNEY GENERAL 3278 OF CANADA PANEL, BY ATHABASCA CHIPEWYAN FIRST NATION, BY MR. MURPHY:

(THE PROCEEDING ADJOURNED AT 7:46 P.M.) 3326 (THE HEARING TO RESUME ON THURSDAY, NOVEMBER 15TH, 2012 AT 8:30 A.M.)

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INDEX OF EXHIBITS

DESCRIPTION PAGE NO.

EXHIBIT 010-027: OPENING STATEMENT OF 3087 MR. FORTNA

EXHIBIT 005-026: EXCERPT OF A BOOK 3093

EXHIBIT 017-039: DOCUMENT ENTITLED 3107 SECTION: LAND OVERVIEW, SUBSECTION 1.0: INTRODUCTION

EXHIBIT 017-040: EXCERPT OF EVIDENCE 3119 FROM JOSLYN NORTH MINE PROJECT, OCTOBER 7, 2010 TRANSCRIPT

EXHIBIT 017-041: SPECIES AT RISK ACT 3152 POLICIES AND GUIDELINE SERIES

EXHIBIT 017-042: OPERATIONAL FRAMEWORK 3153 FOR USE OF CONSERVATION ALLOWANCES

EXHIBIT 017-043: RESPONSE TO THE 3162 OILSANDS ENVIRONMENTAL COALITION INFORMATION REQUEST TO FEDERAL GOVERNMENT PARTICIPANT DEPARTMENTS

EXHIBIT 017-044: ENVIRONMENT CANADA, 3172 KEY CLIMATE CHANGE IMPACTS TO CANADA

EXHIBIT 017-045: SETAC PRESS, "METALS 3201 AND POLYCYCLIC AROMATIC HYDROCARBONS IN COLONIAL WATERBIRD EGGS FROM LAKE ATHABASCA AND THE PEACE-ATHABASCA DELTA, CANADA"

EXHIBIT 017-046: OFFICE OF THE AUDITOR 3222 GENERAL OF CANADA, PETITION

EXHIBIT 017-047: SCIENCE ADVISORY 3237 REPORT 2010/055, SCIENCE EVALUATION OF INSTREAM FLOW NEEDS (IFN) FOR THE LOWER

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INDEX OF EXHIBITS (CONTINUED)

EXHIBIT 017-048: CHAPTER 2, ASSESSING 3238 CUMULATIVE ENVIRONMENTAL EFFECTS OF OIL SANDS PROJECTS

EXHIBIT 017-049: OILSANDS ADVISORY 3248 PANEL, "A FOUNDATION FOR THE FUTURE: BUILDING AN ENVIRONMENTAL MONITORING SYSTEM FOR THE OIL SANDS"

EXHIBIT 017-050: CANADIAN ASSOCIATION 3262 OF PETROLEUM PRODUCERS, LETTER DATED SEPTEMBER 7, 2012 TO MINISTER MCQUEEN AND MINISTER KENT

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INDEX OF UNDERTAKINGS

DESCRIPTION PAGE NO.

UNDERTAKING 37: MS. MORRISON TO 3177 CONFIRM THAT THE AIRBORNE EMISSIONS REPORTED TO THE NPRI FROM THE OIL SANDS INDUSTRY IN CANADA INCREASED BY MORE THAN 50 PERCENT FOR MERCURY BETWEEN 2008 AND 2010, AND THE SAME FOR ARSENIC AND LEAD

UNDERTAKING 38: WITH RESPECT TO 3178 EXHIBIT 017-037 IN WHICH THERE'S A SLIDE THAT HAS THREE GRAPHS OF NPRI DATA FROM ENVIRONMENT CANADA, TO CONFIRM FOR THE RECORD THAT THEY ARE ACCURATE WITH RESPECT TO MERCURY, ARSENIC AND LEAD

UNDERTAKING 39: TO CHECK FOR A 3192 PUBLICATION FOR 424, 425, AND 427, AND IF THERE'S A FULL PAPER WRITTEN OR A MORE FULSOME RESEARCH REPORT WRITTEN BY THE AUTHORS THAT WOULD BE AVAILABLE TO SUPPLEMENT THE ABSTRACT, TO PRODUCE SAME

UNDERTAKING 40: TO CONFIRM THAT, BACK 3226 IN 2006, THE SCIENTIFIC REVIEW OR EVALUATION UNDERTAKEN BY DFO, RECOMMENDED AN EBF NUMBER

UNDERTAKING 41: WITH RESPECT TO THE 3256 LETTER FROM THE CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS THAT WAS SENT TO MINISTER MCQUEEN FOR ALBERTA AND TO MINISTER KENT FOR THE FEDERAL MINISTRY OF ENVIRONMENT, THIS LETTER WAS SPECIFICALLY ADDRESSED TO "ENVIRONMENT"; THEREFORE, TO ADVISE WHETHER ENVIRONMENT CANADA AGREES WITH THE LETTER'S REQUEST

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INDEX OF UNDERTAKINGS (CONT'D)

UNDERTAKING 42: DR. MORRISON HAS 3261 UNDERTAKEN TO ADVISE WHETHER IT IS A FIRM FEATURE OF THE MONITORING PROGRAM, JOINT FEDERAL/PROVINCIAL MONITORING PROGRAM, NOT TO INCLUDE COMPLIANCE MONITORING AND THAT CAPP'S REQUEST THAT IT DO SO IS NOT CURRENTLY BEING ENTERTAINED

UNDERTAKING 43: ADVISE WHETHER OR NOT 3289 DFO IS GOING TO PROVIDE THE SECTION 35(2) AUTHORIZATION OR WHETHER THAT WILL BE DELEGATED TO ANOTHER AGENCY OR THE PROVINCE

Realtime Connection [email protected] 2987

1 Wednesday, November 14, 2012

2 (8:30 a.m.)

3

4 THE CHAIRMAN: Good morning, everyone.

5 Mr. Lambrecht, I wonder if I could have you

6 come forward, sir.

7 MR. LAMBRECHT: Yes, sir.

8 THE CHAIRMAN: Mr. Lambrecht, media outlets

9 are advising of new or recent work by Environment

10 Canada, in particular, on studies of lakes in

11 . I don't know if you've seen

12 those reports.

13 MR. LAMBRECHT: Yes, I did.

14 THE CHAIRMAN: I wonder if you could just

15 think about any plans you have for that

16 information. On the face of it, or at least what

17 you can glean from the media outlets, it may have

18 relevance to this proceeding. So I would just ask

19 you to think about that and perhaps get back to us

20 after we're finished with the Métis Nation of

21 Alberta panel.

22 MR. LAMBRECHT: Absolutely sir. Thank you.

23 THE CHAIRMAN: Thanks.

24 Is there any housekeeping? I take it not.

25 Ms. Bishop.

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1 MS. BISHOP: I do have actually one

2 housekeeping matter. Mr. Loutitt asked if he could

3 come back just to clarify some evidence that was on

4 the record at the close of the proceedings

5 yesterday. So Mr. Loutitt is here. He just has

6 maybe a minute or two of clarification, if that's

7 okay.

8 THE CHAIRMAN: Well, it's unusual, but let's

9 go ahead.

10

11 MÉTIS NATION OF ALBERTA - REGION 1 AND THE INDIVIDUALS

12 AND GROUPS NAMED TOGETHER WITH REGION 1 PANEL:

13 BILL LOUTITT (RECALLED AND REMINDED OF OATH)

14 CLARIFICATION EVIDENCE BY MR. LOUTITT:

15 Q. MS. BISHOP: Mr. Loutitt, you can confirm

16 that you are still under oath from yesterday?

17 A. MR. LOUTITT: Yes.

18 Q. So you wanted to clarify some comments about an

19 agreement with Shell?

20 A. Well, I'm not even sure there was an agreement, but

21 like I said, we -- this letter came out yesterday.

22 You know, it's the first time I had seen it. I was

23 the president of Métis Local 1935 at the time.

24 And, you know, we were working hard to try and get

25 the community involved and we felt a lot of these

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1 leaders were individual signing agreements with

2 their businesses and that, so that's why I'm so

3 passionate about this. And we were told that, as a

4 community 1935 could not do a Statement of Concern

5 against Shell because they had an agreement. But

6 that was I believe on the Albian project. We've

7 never ever seen the agreement. But I just wanted

8 to make that clear.

9 Q. So it wasn't relating to this Project?

10 A. No.

11 Q. Or the Jackpine Mine?

12 A. No.

13 MS. BISHOP: Thank you. That's the

14 clarification. Thank you, sir.

15 THE CHAIRMAN: Anything arising?

16 Mr. Denstedt?

17 MR. DENSTEDT: Perhaps, sir, just give me a

18 moment perhaps to speak with Ms. Jefferson.

19

20 FURTHER CROSS-EXAMINATION OF MÉTIS NATION OF ALBERTA -

21 REGION 1 AND THE INDIVIDUALS AND GROUPS NAMED TOGETHER

22 WITH REGION 1 PANEL MEMBER (MR. LOUTITT), BY

23 MR. DENSTEDT:

24 Q. MR. DENSTEDT: Mr. Loutitt, who would have

25 told you that you couldn't file a Statement of

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1 Concern, sir?

2 A. That was -- actually it was Rick Boucher, the

3 vice-president of the region at the time.

4 Q. Shell never indicated that ever to you, did they,

5 sir?

6 A. No, we never heard that from them.

7 MR. DENSTEDT: Great, thank you.

8 THE CHAIRMAN: Thank you.

9 MS. BISHOP: So we appreciate that

10 opportunity, Mr. Chair.

11

12 MÉTIS NATION OF ALBERTA - REGION 1 AND THE INDIVIDUALS

13 AND GROUPS NAMED TOGETHER WITH REGION 1, SECOND WITNESS

14 PANEL:

15 PETER FORTNA (AFFIRMED)

16 CLEM CHARTIER (AFFIRMED)

17

18 MS. BISHOP: I would like to introduce to

19 you our second panel of witnesses, Mr. Fortna and

20 Mr. Clem Chartier.

21 Mr. Fortna is speaking to his material filed

22 in the submissions, primarily under Tab 3,

23 Exhibit 010-006. And the tabs are numbered (a),

24 (b), (c), (d), in the exhibit list.

25 Mr. Fortna has prepared an Opening Statement

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1 and within this Opening Statement he speaks of his

2 education and work experience in the area. If I

3 might pass that out, he's going to go through that.

4 Mr. Fortna, if you want to present your

5 opening statement.

6

7 PRESENTATION BY MR. FORTNA:

8 A. MR. FORTNA: Great. Thanks, Debbie. And

9 thanks, Panel, for having me here today to help

10 with this Project.

11 A little about myself. As I say, I completed

12 a BA in History with a Minor in Museum and Heritage

13 Studies from the University of . I also

14 completed a Master's of Arts and History from

15 Memorial University of Newfoundland. And I hold a

16 Ph.D., all but dissertation, in History and

17 Classics from the University of Alberta.

18 Based on my studies, I have an academic

19 expertise in Canadian history, Aboriginal history

20 and public history.

21 Since 2008, I have worked with a number of

22 Aboriginal groups in this region, in this region,

23 north-eastern Alberta, I should say, and on various

24 traditional land use projects as well as historical

25 research projects.

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1 Some of the highlights of that include:

2 I spent two years coordinating the Mark of

3 the Métis Project, that book that was presented to

4 the Panel yesterday, I helped coordinate that;

5 I have completed or helped Conklin Métis

6 Local 193 with some of their work;

7 I've completed historical research for the

8 Reserve of Fort McMurray First Nation.

9 I've completed historical research for

10 Mikisew Cree First Nation in preparation for the

11 Total hearing.

12 I've completed historical research for Fort

13 McKay Local 63.

14 I'm in the process of completing Traditional

15 Land Use Studies with the Métis Nation of Alberta

16 Region 1 in partnership with the companies

17 including Altalink, CNRL and MEG Energy, and in

18 addition to that, we're also working on completing

19 a Territory Wide Study so that we can have a better

20 understanding of what's happening in the region.

21 Most recently, we've started working with

22 Métis Local 1909 who you saw a couple of panel

23 members yesterday. The Lakeland district down in

24 Lac La Biche area.

25 Besides my work with just the historical

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1 research, I've also been involved in socioeconomic

2 evaluation and strategic planning initiatives with

3 groups including Athabasca University, Métis Nation

4 of Alberta Region 1, the Fort McKay Métis

5 community, the Fort McKay First Nation, and again

6 Métis Local 1909, and some other groups, too, I'm

7 sure, as my full CV I think is in the submissions

8 so if anybody wants full details they can check

9 that out. And people who don't want to, it's also

10 online. I'm fairly Googleable.

11 In addition to the work I've completed for

12 communities, I attempt where possible to engage

13 with the academic community, completing

14 peer-reviewed books and articles, and also museum

15 exhibits concerning Canadian and Aboriginal

16 history.

17 I've made presentations at academic

18 conferences regarding Métis Environmental

19 Knowledge, or MEK, as it is sometimes referred to,

20 Métis history, especially with regards to

21 traplines, and community-based research.

22 In the coming months I'm hoping to submit at

23 least one peer-reviewed article on Métis

24 Environmental Knowledge in Northeastern Alberta

25 based on the work I've completed with Métis Nation

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1 Region 1, in addition to an evaluation of the

2 Athabasca University of Learning Community's

3 Program; me and my business partner are working on

4 that.

5 Now just moving into the material part of the

6 presentation, so moving past the credentials.

7 Unfortunately because the Métis Nation of

8 Alberta Region 1 was not provided funds to complete

9 an expert report like the other Aboriginal groups,

10 I'll try to provide as best as possible a

11 presentation that will respond to some of the

12 claims made in Shell's Cultural Assessments.

13 I'll also provide evidence of continued Métis

14 use in the region in both the Regional Study Area

15 and the Local Study Area.

16 The presentation is going to draw primarily

17 on material I provided to the Panel as part of the

18 Métis Nation of Alberta submission, but also to

19 material that's been provided by other Aboriginal

20 groups, and material provided by the Proponent, as

21 well as my experience working in the region with

22 Métis groups in Northeastern Alberta.

23 The presentation, I kind of see it, it's

24 going to be divided into three main sections,

25 roughly, and also I have to apologize, this was

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1 written as sort of an oral presentation, so there

2 are a few spelling mistakes and grammar errors, but

3 that's neither here nor there. The presentation is

4 going to be divided into three main parts.

5 First, I'm going do a brief review of the

6 Shell Cultural Environmental Setting Report as well

7 as their Supplementary Information Request Cultural

8 Assessment that is related to material presented by

9 Shell. Pulling the key information from those

10 studies, that, I will argue, clearly demonstrate

11 Métis use in the LSA as well as the RSA.

12 I'm also going to speak about Métis

13 Environmental Knowledge and land use in the

14 regional project area that should have been, in the

15 least, further investigated by Shell to determine

16 the potential impacts that the proposed Project may

17 have on Métis use.

18 In particular, I'm going to look at some

19 historical sources that provide detailed

20 information on historical Métis land use that was

21 publicly available and not consulted by Shell.

22 I'm going provide background information

23 regarding Historic Trapline data, speaking to both

24 their usefulness as well as their limitations

25 demonstrating Métis historic land use.

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1 And lastly, I'm going to speak a little about

2 Métis Environmental Knowledge and that we were able

3 to collect in our limited study and consider

4 potential differences in Métis land use and compare

5 that to .

6 And I have to be careful here because a lot

7 of this is still potential, because we were not

8 able to complete the studies necessary to do a

9 detailed review, I'm only really able to pull out

10 hints at what Métis land use and how it might be

11 different, but the sad reality is, because Métis

12 groups were not provided funding by Shell, we're

13 still, it's still somewhat nebulous. We're still

14 not sure. I think there is evidence that shows

15 difference, but I think further research really

16 needs to be done on this topic.

17 Yes, so I'm going to move into the first

18 section.

19 In their 2007 Environmental Cultural Settings

20 Report, as Exhibit 001-001J, produced by Golder for

21 Shell, the objectives, particularly with the LSA,

22 and it's listed in Section 3.2.2.1, PDF page 90.

23 The first point is to document historical and

24 current land use, as well as traditional knowledge

25 of the Project development areas in the surrounding

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1 areas by local trappers.

2 Second, to document the traditional land use

3 and traditional knowledge of the Fort McMurray

4 First Nation, the Athabasca Chipewyan First Nation,

5 the Mikisew Cree First Nation, and the Fort

6 McMurray First Nation in relation to the Project

7 Development Areas.

8 And finally, to provide information to help

9 minimize the impacts of the Project on traditional

10 land uses.

11 In addition, the document at Section 3.1.1.2

12 argues that traplines are used for more than simply

13 trapping. And just quoting from the document:

14

15 "From the perspective of

16 evaluation of effects to

17 traditional land use for this

18 Environmental Setting Report,

19 RFMAs, or Registered Fur Management

20 Areas, provide the most appropriate

21 basis for defining a Local Study

22 Area since most traditional

23 activities are carried out on

24 traplines."

25

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1 And then, finally, just in the Shell material

2 in their 2012 Response to SIR 30 in the report

3 Entitled "Appendix 5 - SIR 30, Cultural

4 Assessment". And the exhibit number on that is

5 Exhibit 001-051R, and it's on page 18 of the

6 report, 23 of the PDF. They state that:

7

8 "Members of the Fort McMurray

9 Métis Local 1935 have trapped,

10 hunted and fished in the larger

11 area, which includes the Jackpine

12 Mine Expansion...", and that "While

13 information regarding the Fort

14 Chipewyan Métis Local 125 was not

15 available, this assessment assumes

16 the patterns are similar to those

17 of the ACFN and MCFN."

18

19 And I think my evidence is going to show that

20 members of the Métis Local 1935 did more than trap

21 just in the Regional Study Area, they in fact

22 trapped within the Local Study Area, so that's a

23 misrepresentation.

24 And then I'm also going to show evidence that

25 members from the Métis Local used

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1 more than. There is the potential that their land

2 use is different and I think that potential in the

3 least warranted further study by Shell and by

4 Golder.

5 While I do agree with ACFN's experts,

6 specifically Dr. McCormack, that the approach taken

7 by Golder in these assessments was, in the least,

8 problematic, I don't think it's productive to

9 engage in a discussion of those deficiencies.

10 Instead, because I think she already did that, it's

11 on the record, I don't think I need to reiterate

12 that.

13 Instead, I want to focus my analysis on the

14 facts and facts grounded in the historical record

15 that I believe show Métis people used the land in

16 both the Local Study Area and the Regional Study

17 Area.

18 Additionally, I will draw upon evidence

19 provided in our limited traditional land use

20 research which shows, I think, Métis people

21 continue to use the land in the RSA and the LSA,

22 and that's Regional Study Area or Local Study Area,

23 and that they have specific concerns with the

24 development in the region that should have been

25 examined in more detail by the company.

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1 First, when examining their first goal that

2 was stated earlier, which purports to document

3 historical and current land use, I think Golder, in

4 essence, reduces and compresses the history of the

5 landscape by removing traplines from their

6 historical context.

7 And I'm going to just, as an aside here,

8 speak a little bit to what I mean.

9 And it's funny, it came out actually when

10 Shell's counsel brought up this point in that the

11 Golder Report, it starts with the current trappers.

12 It doesn't look at the history of those traplines.

13 Therefore, in the report's eyes, as soon as a white

14 person buys a trapline, all that knowledge that

15 used to exist from the Métis community or even

16 First Nations community for that matter,

17 evaporates. It's not evaluated by Golder. And

18 there's lots of evidence that shows that Métis

19 people still have interests in those landscapes

20 even though Golder seems to reduce it to just a

21 white person owns that line.

22 Just going on, on that point, I would like to

23 say, on the record again, I found it somewhat

24 ironic that Shell's counsel would ask ACFN's

25 experts about the history of ownership of trapline

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1 1714 without including such a history in either

2 their 2007 or 2012 Cultural Assessments.

3 Furthermore, I found it strange that they would

4 think that such an analysis is valuable in one

5 case, on trapline 1714, but not valuable in another

6 case of another trapline in the Local Study Area,

7 2331, which was identified in the 2007 Report,

8 Section 3.4.6, page 126, to be owned by Victor

9 Amiot, a non-Aboriginal trapper. Even though on

10 the same page, in Section 3.4.6.1, is explained

11 that the line was purchased in 1987. And further

12 down on the page, the report does not know whether

13 the previous owner was Métis, even though Shell's

14 counsel, through their questions of the ACFN

15 experts, seems to assert that such a lineage is

16 important when understanding traditional land use

17 history. Facts one would have thought should have

18 been included in either the 2007 or 2012 Reports.

19 And just to refresh the memory of the Panel,

20 if I can find my laser, this was the area that Barb

21 was of course, Barb Hermansen was talking about and

22 she was talking about her dad, Edmond Ducharme, who

23 used to own this trapline. So we're talking about

24 this trapline here.

25 Adding to the confusion is the fact that the

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1 Golder Report in Section 3.4.6.1 explains that the

2 previous owner of the line was Edmond Ducharme, who

3 left a cabin full of old artefacts that the current

4 owner was not interested in fixing up. And this is

5 of course the cabin again that Barb was speaking to

6 when she -- that was the cabin that she was raised

7 in. That's an important place to her. And she was

8 not talked to about by Shell.

9 Had, for example, Shell, or Golder maybe more

10 accurately, completed the additional research, for

11 example had they visit the Provincial Archives and

12 looked at some of the evidence that I have provided

13 in my tabs, they would have come to understand that

14 that line was owned by Edmond Ducharme and that had

15 they gone and questioned anybody who is related to

16 Edmond Ducharme, they would have found that that,

17 in fact, was an important Métis area, and that many

18 Métis people, along the river, stopped there. It

19 was an important cultural place. And because of

20 the approach used by Golder and by Shell, that

21 history got erased. It was not presented to you as

22 the Panel to make a decision on. And I don't think

23 that's fair.

24 Like I said, had they, they would have found

25 out, they would have -- Mr. Ducharme's family and

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1 they would have met Barb Hermansen, who spoke so

2 eloquently yesterday about how she was raised on

3 the trapline, and continued to have interests on

4 the land.

5 Specifically they might have learned that

6 Edmond Ducharme was born in Lac La Biche mission,

7 that the family made their living from trapping,

8 hunting and fishing, that it was a small family but

9 they got their work done, that her father was a

10 fiddler, that he was a true Métis, that his

11 grandfather was Antoine Ducharme, he was Michif,

12 which is of course an important cultural

13 distinction; those are people who actually spoke

14 the Métis language, and had a French and Cree

15 lineage who had originally come from Winnipeg.

16 They would have learned that he homesteaded on the

17 south shore of Lac La Biche, and later became known

18 as Plamondon. And that he even remembers the

19 covered wagons coming from Michigan over later

20 years.

21 You know, this is an important history that

22 should have been included in these reports.

23 Furthermore, had Shell chosen to interview

24 Ms. Hermansen about this trapline, and not just

25 Ms. Hermansen, but we'll say Johnny Grant, too, who

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1 of course family -- we're not quite there, but he

2 had the trapline right here just above on there. I

3 don't know if we can scroll up. You know, directly

4 above the Project area, that's where he was raised.

5 He was raised with Barb, they were friends growing

6 up, and they knew each other. They would have

7 learned, had they interviewed members of the

8 MacDonald family, you know, this is the same

9 MacDonald family that this island that has been

10 reduced to MacIsland, that's where they were

11 raised. That's where they grew up, that's where

12 they had traplines.

13 Had they done more interviews, they would

14 have found out that the Oakley family directly

15 across from the Project area and where the Pierre

16 River is and where Barb currently has a trapline,

17 was an historic Métis family that has important

18 areas.

19 They would have found out that the

20 Desjarlais, another historic Métis name.

21 I mean, this is historic Métis territory.

22 And that is not included in the report. And it's

23 sad.

24 They would have also learned that areas

25 around McLennan Lake, Firebag River, and other

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1 areas, even Kearl Lake, these are all important

2 areas to Métis people and they would have found --

3 like Barb was even telling me yesterday about grave

4 sites that she feels exists along the northern

5 shore of McLennan Lake. And these are things that

6 are not included in the report. And unfortunately,

7 because we didn't have the funds to complete a

8 project-specific Traditional Land Use Study, that

9 information is not going to be provided to you to

10 make your decision, determination. And potentially

11 we don't know what's going to happen to those

12 sites.

13 Additionally, Barb mentioned yesterday about

14 the pitcher plant. She was explaining how on

15 McLennan Lake is one of the few places in the

16 region that you can collect that plant. And it's a

17 very important plant for Cree medicines and stuff.

18 Again, as far as I know from reading the other

19 reports, that information wasn't collected.

20 And I think somebody from the ERCB or from

21 Canada was asking yesterday, "how is Métis land use

22 different." Well, I've just provided three

23 examples of how it might be different and why Métis

24 people should have been included in this Project,

25 besides Fort McKay.

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1 In addition to the information not explored

2 by Golder in the Cultural Assessment regarding

3 trapline 2331, there's additional historical

4 information in the report that had it been

5 completed, would have come to the conclusion that

6 Métis people have specific concerns about the

7 impacts that are going to happen within the LSA.

8 Just moving along that point, I just want to

9 now speak to on page 88 of the Golder Report.

10 There's a cabin identified as:

11

12 "Castor's old cabin, a point of

13 significance on the southern shore."

14

15 And then I think again it's mentioned in the

16 Faichney section of the report. I don't think I

17 cited it here.

18 Unfortunately, the Golder Report does not

19 provide any explanation about this cabin or who the

20 Castor family was or their potential connection to

21 the Local Study Area.

22 So I guess it's going to be up to me to

23 provide a little bit of that background to the

24 Panel.

25 Had Shell chosen to complete a full review of

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1 the material that is publicly available, and we'll

2 get into that, it's in a lot of my tabs, so I'll

3 touch on that in a few minutes, they would have

4 found out that the Castor family is in fact another

5 historic family from the Fort McMurray area who

6 used to use the area in question, with members

7 still alive to speak about that use. In fact, I'm

8 jumping ahead a little bit, but William Castor I

9 was able to talk to him over the weekend, and I

10 have old letters from the 1970s when he was the

11 president of the Métis Local in Fort McMurray,

12 writing to the Government of Alberta and writing to

13 the Métis Nation asking for the same rights that

14 First Nations have. So you can't say Métis people

15 from this area were not doing that, they've been

16 doing that for 40 years and they've been ignored

17 for 40 years as development's been happening. Ever

18 since the GCOSs. And this is your opportunity to

19 make sure that their voices become heard.

20 I think it's important for the record to

21 speak a little to the history of the panel about --

22 they would have found out is an historic Métis

23 family who used to use the area in question, with

24 members still alive to speak about that use.

25 I think it's important for the record.

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1 The Métis folks do have interests in the area

2 that Shell and Golder should have taken seriously

3 and should have included in their EIA, and later,

4 SIR.

5 Further, I'll demonstrate, that both Golder

6 and Shell were, or at least should have been, aware

7 of Métis use in the area, and that I don't know if

8 it was a willing choice or just a -- I don't know.

9 That's for Golder to answer. But I don't know why

10 they didn't include this information in their

11 study.

12 Let's go back a little bit. 1996. The

13 Northern River Basin Study. One of the few

14 baseline studies completed that included

15 traditional knowledge in the region.

16 It's cited in the Golder Report in kind of

17 their annotated bibliography, Section 3.3.2.3,

18 pages 97 and 98. In that, Golder summarizes the

19 Northern River Basin Study as being:

20

21 "... less specific and

22 detailed than that generated by

23 other studies."

24

25 With:

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1

2 "Fewer respondents actually

3 living from the land and lower

4 proportions of the respondents

5 reported participation in their

6 traditional practices, such as

7 hunting, trapping or use of the

8 land as a source of income."

9

10 Interestingly, as far as I can tell, Golder

11 did not look at any original transcripts from the

12 study in either of their reviews.

13 Had the company completed a more thorough

14 undertaking, reviewing the original transcripts,

15 which are on the public record, they would have

16 found a great deal of information, particularly

17 about William Castor and his family's use of the

18 area in and around the Project area.

19 And just to give a code so people can see

20 this interview, we'll get to it in my tabs, but

21 it's 010-006, page 662 is where page 2 starts.

22 Specifically, had that research been done,

23 they would have found out that Mr. Castor was born

24 75 miles north of Fort McMurray on what is Sled

25 Island. And if we can scroll down on the computer,

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1 I'll show the Panel where Sled Island is.

2 I think it's the next map.

3 I'll just explain it. Sled Island is

4 directly across from the Project area. That's

5 where Mr. Castor was born. He's 85 now, so I guess

6 in the late 1930s (sic).

7 Unfortunately, it's really too bad. William

8 wanted to come, but he hasn't been well, he's been

9 in and out of the hospital, so he wasn't able to

10 come and provide his own information, but he asked

11 me to say, and if anybody has any concerns that I'm

12 not being truthful in that representation, he said

13 he's more than willing to sign an Affidavit saying

14 that what I'm speaking is the truth. And we can

15 show him the transcripts if anyone has any

16 concerns.

17 They would have learned that Mr. Castor's

18 family used the area throughout the 1930s, if not

19 before, actually. He was explaining to me how his

20 father used to have a farm in Plamondon and used to

21 travel north to trap over the winters. And then

22 until, they had a hired hand and that hired hand

23 did a poor job on the farm and then his animals

24 died over that one winter and then so they just

25 picked up everything and, you know, completed the

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1 move north.

2 I think maybe it's one more down, Debbie, the

3 project-specific. Sorry. So furthermore, yeah,

4 this is it here. I do believe. So it's right

5 here. That's, see Sled Island, and it's directly

6 across from McLennan, well, not directly across,

7 but directly across from trapline 2331.

8 The Castors is also identified in the

9 Ducharme book as a key Métis family in the area.

10 And it's identified in the Golder Report by, I

11 guess it was identified by the Faichney family as

12 having a cabin on that line, the old Castor cabin.

13 Just going down, had they completed an

14 interview with Mr. Castor themselves as part of

15 this Project, they would have learned that

16 Mr. Castor's family used to trap in the area that

17 was to become the Faichney line and that Mr. Castor

18 continued to have contact with those families and

19 an interest in the area long after he left. And

20 the reason their family left was they wanted,

21 Mr. Castor, they wanted him to able to go to

22 school, so they moved to Fort McMurray and got a

23 trapline closer to Fort McMurray. But I mean they

24 still had strong connections throughout the area

25 and continued to travel the Athabasca River.

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1 Actually, Mr. Castor worked in Fort McKay for many

2 years delivering water and continued to stay in

3 close contact with the Beaver family, the Felix

4 Beaver family for example. Even, he was telling me

5 a story about later on Mr. Beaver actually offered

6 to sell Mr. Castor back the trapline, but

7 Mr. Castor was working so he was unable to take

8 advantage of that.

9 Additionally, had Shell or Golder carefully

10 reviewed the Métis Local 1935 letter that was

11 submitted into evidence yesterday, I think it's

12 Exhibit 010-025, they would have learned that the

13 Castor family had concerns about these projects.

14 And those concerns are documented on a map about

15 the Project. Instead, I guess, because that

16 Statement of Concern was not accepted by the

17 Government of Alberta, Shell felt it didn't need to

18 follow up with Métis Local 1935 to complete a

19 project-specific review to understand how the

20 Castor concerns would be impacted by the Project.

21 In a map produced on that SoC letter,

22 Statement of Concern letter, as well as statements

23 in that letter, it is clear that Mr. Castor and his

24 family are members of the Metis Local in Fort

25 McMurray and have legitimate concerns located in

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1 the LSA that, in the least, deserved further

2 research to better understand so they could have

3 potentially been mitigated or accommodated.

4 Upon discussion with Mr. Castor in

5 preparation for this hearing, he confirmed that

6 Shell did not speak to him about his use of the

7 Project area and that he's concerned about what's

8 going to be happening to his family's former home.

9 He also stated that he'd very much like to purchase

10 a trapline in the area, but he says he's talked to

11 people and it's just too expensive now, people want

12 too much money.

13 And it's funny, just the processes -- and

14 I'll get into that a little bit in my tabs -- the

15 way that it works now, people who do legitimately

16 want to go back to the land or whatever, and

17 because of the way the trapline system is

18 structured, once a trapline is sold, once a former,

19 whether it being Métis or First Nations line is

20 sold to a white person, the opportunities to buy

21 those lines back are virtually non-existent. I

22 think they were telling me, right now, traplines in

23 that area or other areas, when they do become

24 available, which is not often, sell for upwards of

25 $35,000. And it's just not feasible for Métis

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1 families who have often been pushed. And like I

2 said, I'm jumping ahead a little bit.

3 As I mentioned earlier, it's unfortunate that

4 Mr. Castor is too ill to testify for himself, but

5 over the weekend, he asked me to confirm these

6 facts and he specifically asked me to ask Shell to

7 come speak to him before they initiate this Project

8 so that he can express his concerns to them

9 directly. And I think it's unfortunate that I have

10 to come here to speak to the Panel to ask Shell to

11 do the right thing and talk to Mr. Castor. That's

12 extraordinarily disappointing that this is what

13 it's come to. And I hope the Panel makes the

14 changes necessary so that Métis people don't feel

15 like they have to come through processes like this

16 to fully engage with the companies that are going

17 to be affecting their communities.

18 Finally, in preparation for the hearing,

19 myself and our team completed a number of

20 interviews with Métis people from throughout the

21 region, so they might have a chance to express

22 their concerns about the impacts of the potential

23 project. The majority of these people attended the

24 hearing and provided their evidence yesterday. And

25 I don't think it's for me to talk about that. I

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1 think they did a darned good job yesterday showing

2 the evidence. And it's also in our submission and

3 available for review.

4 As you're aware, they talked about caribou in

5 the area, something that Shell says doesn't exist.

6 They talked about plants in the area, and special

7 plants in the area that, you know, weren't included

8 in Shell's Cultural Assessments.

9 Anyways, it's just frustrating.

10 The Métis, the panel was represented with

11 Métis people from throughout the region, including

12 Lac La Biche, Anzac, Fort McMurray and Fort

13 Chipewyan.

14 Through the interviews, it became clear that

15 Métis people had a number of concerns about the

16 proposed Project, including worries about water

17 issues, concerns about how the Project may impact

18 harvesting of animals, fish, plants, berries,

19 medicines, concerns about access to the areas,

20 needing keys to travel through the region, concerns

21 about historical resources, specifically the

22 potential destruction of historic cabins and grave

23 sites, and a general mistrust due to the lack of

24 meaningful contact between Shell and area

25 harvesters.

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1 It was also clear that they didn't know about

2 some of the key elements of this Project, including

3 the Muskeg River diversion. They didn't know it.

4 And also the planned tailings ponds or the

5 end pit lakes, they didn't understand that Shell

6 was planning to put these major end pit lakes on

7 the land.

8 And this was even more concerning. It's not

9 even so much that these things were happening, it's

10 that they didn't know it was going to be happening

11 on their land. And it scared them. And because

12 I'm not an expert in the field, and because the

13 Métis were not able to hire experts to communicate

14 this to them, that just raised the issues, made the

15 issues all the more scary, made the issues all the

16 more frustrating. And made the Métis people feel

17 like they are totally -- they have no power in this

18 process. I think it was expressed best by one of

19 the community members when he said he feels

20 helpless. He feels like there's nothing he can do.

21 And there's no places for him to go because nobody

22 will listen to him. And I think that was expressed

23 yesterday, that feeling was expressed yesterday by

24 this panel on all levels from leadership to

25 harvesters.

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1 And I think this point is I think the real

2 telling spot was when, I think it was you,

3 Mr. Cooke, who asked Ms. Jefferson, "Can you

4 express what the Métis concerns were?" And

5 Ms. Jefferson couldn't answer. She couldn't

6 provide any specific concerns that Métis people

7 had. And I find that very telling. I think what

8 it speaks to is the lack of meaningful engagement

9 that's existed between Shell and the Métis

10 communities in the region.

11 Further to this point, I think it speaks to

12 the fact that there isn't capacity in the region so

13 Métis people can express their concerns in a

14 meaningful way.

15 While I think it's great that Fort McKay was

16 able to partner with the First Nation, I think that

17 point's important to note the reason that Fort

18 McKay is included is because of that partnership

19 with the First Nation, and it's debatable how they

20 would have been included. But that's neither here

21 nor there, that's probably not for this Panel to

22 decide. But it is a partnership between Fort McKay

23 First Nation and Fort McKay Métis. And I think

24 it's great that they were included. But why wasn't

25 Fort Chipewyan included? Why wasn't Fort McMurray

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1 included? Why wasn't Métis Nation Region 1

2 included? Those are just questions that continue

3 to ring in my head. I've been working on this file

4 for two years helping, and why haven't they been

5 included?

6 At best, all we can do now is point to the

7 historical facts. And I think in Golder's own

8 reports and in Shell's own reports, had they gone

9 beneath the surface, had they done even a little

10 bit of further research, had they even talked to

11 one Métis person from Fort Chipewyan or one Métis

12 person from Fort McMurray, many of these facts

13 would have come out. And it would have, I think it

14 would have changed the study and it would have

15 changed this whole process. But it's unfortunate.

16 And when I talk about talking to Métis people, I'm

17 not -- it's good that they talk to the political

18 representatives and it's good that they talk to

19 Jumbo and it's good that they talk to

20 administrators. But I think we need more than

21 that. We need to get to a place where these

22 communities can hire their own experts so they can

23 understand what the potential impacts of what these

24 projects are.

25 And to give a good poignant example. I've

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1 been working for the Métis Nation of Region 1 for a

2 little while, primarily on project-specific items,

3 and I've been helping them where I can on some of

4 this regulatory, and this is fairly recent. I'm

5 doing that half time. I work for, I have other

6 clients as well, I work for a number of people.

7 I'm one-half-time employee and they have one

8 administrator who is there to primarily answer the

9 phones, trying to engage with industry throughout

10 the region.

11 Meanwhile, I also do work for Fort McKay.

12 There, I'm one consultant out of approximately 20.

13 And they also have an approximate staff of 10

14 people who represent both the First Nation and the

15 Métis.

16 And this is the difference that these Métis

17 communities -- and you heard it from Jumbo

18 yesterday, too, he's a volunteer. And

19 Mr. Plamondon is coming to him and dropping off CDs

20 and binders and saying, "Here, Jumbo, let us know

21 if you have any concerns. And, if you don't, you

22 know, that's it." Right. And that's just not

23 fair.

24 Anyway, that's it for my Opening Statement.

25 And I think what we're going to do now is go

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1 through some of the evidence. I gave you guys lots

2 of light reading over the last couple of weekends,

3 so I think I should probably go through some of it

4 and explain why it was included.

5 Q. MS. BISHOP: So, Mr. Fortna, you've

6 included with your report a bibliography under

7 Tab 3 of our submissions, the submissions of the

8 Métis Nation Region 1 and all. And that is

9 Exhibit 010-006. Can I just turn you to that tab.

10 That's Tab 3.

11 A. Yes.

12 Q. Can you discuss the sources that you've cited and

13 that you've provided within.

14 A. Sure. Just generally, and I should say, too, this

15 is just with the lack of capacity and the inability

16 to perform a full literature review or even a full

17 study, these were sources that were close at hand

18 that I included. There are many, many other

19 sources that could have been drawn upon, but this

20 is just to give the Panel a sense of the material

21 that was available and that wasn't, by and large,

22 consulted by the Proponents when preparing their

23 work.

24 The first piece here in the secondary sources

25 is a report completed by Dawn Balazs, and it's

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1 called:

2 "A Short Analysis of the

3 Transfer of Natural Resources to

4 Alberta in 1930 and a Preliminary

5 Study of the Registered Trapline

6 System."

7

8 And it's available at the University of

9 Alberta library.

10 And, actually, this would have been a really

11 good report last week when everybody was getting

12 into a debate about what traplines were and what

13 they weren't and whether they can show traditional

14 use or whether they can't show traditional use.

15 Because what Ms. Balazs does is she follows the

16 history of the trapline system and how it gets

17 registered. And one of her biggest points is that,

18 while the trapline system can be helpful to show

19 traditional land use, it's not the only way to show

20 traditional land use. What it also says is the

21 trapline system did restrict -- and this came out

22 in some of the ACFN evidence -- but it did restrict

23 Aboriginal people's ability to use the land because

24 what the Alberta Government's approach was was

25 taking what used to be communal areas -- and if we

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1 bring the map back up, if we can go back to the

2 first one -- you can see all these different

3 families on multiple traplines. And that's a

4 better way to understand.

5 I mean, the Athabasca River was really -- if

6 you want to talk about Métis homeland, that's the

7 homeland is the river itself, and that's where

8 Métis people lived. And sure, there were

9 traplines, but everybody had cabins all up and down

10 and they visited each other and they trapped

11 together. And that's a better understanding of the

12 system. And the trapline system was quite

13 artificial in that it forced individuals to own

14 lines.

15 Family members, they continued to use it and

16 they continued to work together often and they

17 continued to travel together and use the land,

18 but -- so that's all in the report. And I think it

19 would be useful for everybody, particularly

20 everybody who has been -- seems like a lot of this

21 last two weeks have been focused on traplines, but

22 I think before anybody can have a meaningful

23 informed discussion about traplines, they should

24 really read that report.

25 The second item I have on there, and that is

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1 Tab, it's on Tab (e). And this was a report

2 completed for the AOSERP project back in the late

3 '70s. And when I say AOSERP, it's Athabasca Oil

4 Sands Environmental Research Program. It was a

5 report completed. And the interesting thing, and I

6 just pulled out a couple of specific pages from it.

7 And it's Tab (d) if you have the hard binder. I'm

8 not sure which page it is on the PDF. The

9 interesting thing is it talks about the origins of

10 trappers in the region around 1978. And this is on

11 the first page. And it has 80 trappers based out

12 of Fort McMurray, 31 to 34 trappers based out of

13 Fort McKay, and 15 based out of Anzac. They were

14 completed for this study.

15 Then if you flip the page, it identifies 66

16 of those trappers as being Métis at the time of the

17 report, clearly demonstrating again a continued

18 land use in the region by Métis people.

19 And then some of the other pages continue

20 just to demonstrate that fact that Métis people

21 were key members of that trapping community and key

22 users of the land.

23 We have the 1935 Mark of the Métis. I think

24 we've gone through -- do we want to go through that

25 report again?

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1 Q. Perhaps if you want to talk about your role in that

2 in the interviews.

3 A. Sure. Bill alluded to it last night. But how I

4 first came up to this region was Métis Local 1935

5 hired me to coordinate The Mark of the Métis

6 project. It was still a very green project at the

7 time. They weren't quite sure what they wanted.

8 They knew they wanted to document the history of

9 Métis people in the region.

10 So that's where I undertook to complete a lot

11 of this primary research reading a lot of these old

12 historical reports, finding those old historical

13 trapline maps, et cetera, that helped demonstrate

14 continued Métis use in the region.

15 Additionally, I completed the majority of the

16 interviews for that project as well. Sometimes

17 multiple interviews with people, which, again,

18 helped me to have a better understanding.

19 One thing that has become clear, and it's

20 clear, too, in the historical reports, that the

21 Métis commissioned by Mr. Anuik and Mr. Tough as

22 well as another report in my tabs, is that there is

23 in my mind an historic Métis community. And this

24 is a lot of what yesterday's testimony hinged upon.

25 And in my mind, that historic community extends

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1 kind of from, well, this map doesn't show it very

2 well, but extends from Fort Chipewyan down to

3 Lac La Biche, in my mind. And further study needs

4 to be, further studies need to be completed to

5 verify that fact, but just simply following the

6 names of people and doing genealogy. And that's by

7 and large -- Clem could speak to this in a few

8 minutes -- but that's how these regional

9 communities that are part of a much larger

10 community have been defined, and it's often through

11 genealogical connections.

12 And even if, I've spent a bit of time, and we

13 spent a bit of time yesterday, talking about the

14 Ducharme family and Edmond Ducharme. Well,

15 originally he was from Lac La Biche of course, and

16 married a woman from Fort Chipewyan. And that's

17 just a prime example of the existence of that

18 community.

19 Now, in terms of consultation, that's not for

20 me to figure out. Maybe not even for Shell to

21 figure out. But it's my job as a historian to say

22 that that is what is, in my mind, what the historic

23 community is.

24 Additionally, I took some exerts from

25 Patricia McCormack, who you already met today, and

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1 she kind of speaks to the existence of this

2 community. Her evidence, I mean, she -- it needs

3 to be understood her thesis is focused primarily on

4 Fort Chipewyan, so that's where her evidence comes

5 in. But what she does say, though, is that there

6 is a lot of Métis people moving up from Lac La

7 Biche, particularly in the 1930s, but those people

8 moving from Lac La Biche, it's not -- less of an

9 invasion and more of a chain migration, I would

10 call it. They are moving to talk to people or they

11 are meeting families that are already living in

12 Fort Chipewyan. And it's not to say, too, and we

13 have a report, the Wood Buffalo Report that also

14 speaks to this, many of those families also

15 connected in Fort McMurray. So it's the whole way

16 up, Conklin, everybody is interrelated going that

17 whole corridor.

18 Q. Mr. Fortna, if you could just note what Tab you

19 were referring to with respect to Patricia

20 McCormack's material.

21 A. Sorry, that was tab, I guess it's tab (e).

22 Q. I just want to correct for the record, the exhibit

23 that Mr. Fortna is referring to is 010-004 (sic)

24 (d), [should read 010-006], and within that tab

25 there are also tabs labelled with letters.

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1 A. Oh, I'm sorry. I only have the one in front of me

2 that has the letters. I apologize. Where was I?

3 You should never give an historian a venue and a

4 captive audience.

5 Well, here is some stuff I haven't talked

6 about that's included. I have made mention to it,

7 and this is in tab (a) of my report. It's the

8 historic trapline maps.

9 Again, this was gone through a lot yesterday.

10 It was gone through in Ms. Hermansen's book,

11 talking about the different families and

12 particularly all the Métis families that have areas

13 of interest within the Project.

14 Talked about that report already.

15 Oh, another report or this was a debate --

16 Q. Sorry, Mr. Fortna, what tab are you referring to?

17 A. Tab (c). I apologize. I just get so excited.

18 Tab (c), it's the 1933 Session of the Alberta

19 Legislature of the Agricultural Committee,

20 April 1st, 1933. And they are having a specific

21 debate about traplines.

22 Interesting things in this is that they talk

23 specifically about "half breeds," and I put that in

24 quote because that's what Métis people were

25 referred to at the time, and how many are in the

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1 north and how they are going to be impacted by such

2 changes to any legislation that's going to move

3 from the permit system to the trapline system.

4 In tab (g), that's where I include a number

5 of interviews from the Northern River Basin Study.

6 I made specific reference to the interview that was

7 completed with William Castor as part of this.

8 There are a number of other interviews, one with,

9 for example, Grant Golosky who was the president of

10 the Métis Local at the time. They all speak to

11 land use in the RSA, and that would have been very

12 valuable to have it included in the Project study.

13 Sorry, that was tab (g) and tab (f) has those

14 interviews. Well, has two of the interviews, one

15 with Grant Golosky and one with Real Martin.

16 I included an interview more just to show

17 that this information is available. This was an

18 interview completed as part of the Treaty and

19 Aboriginal Rights research. It was done

20 approximately through the early 1970s. And it was

21 done with primarily First Nations people but also

22 Métis people. And a number of those interviews

23 talk about land use and talk about Métis land use.

24 I've included an interview with Julian Gladue and

25 in this interview Julian speaks about using the

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1 land I think down south all the way to the

2 and just speaks a little bit

3 about the extent of Métis land use in the area.

4 We've got research findings again from the

5 Métis Archival project, and again Mr. Chartier is

6 going to speak a bit about that, because his

7 group's been involved with that as well. And in

8 this specific report, we look at who are the

9 historic families in the Wood Buffalo area. This

10 is another report that's referenced in the

11 Statement of Concern letter from earlier. And what

12 this report shows is that there's a number of Métis

13 families that historically used the region.

14 And that's tab (i) in my report.

15 Tab (k), it's another interview with a Métis

16 Elder. Ray Michael, who is also known as Ernie Ray

17 Michael, he's originally from Fort Chipewyan, lived

18 in Fort Chipewyan in 1994. He currently lives in

19 Fort McMurray. And is a member of the Métis Local

20 1935. He used the river and used the lake. He was

21 quite the fisherman. And, again, showing both

22 mobility and use of area in the Project-specific

23 area.

24 Similar story for Reggie McKay, he used to

25 live in Fort Chipewyan. And was interviewed by

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1 Fred Fraser.

2 I have another report in here by James

3 Parker. This is, again, I think it was referenced

4 in the Golder Report, to be fair. This is one of

5 the better studies. It was done, again, for the

6 Environmental Research Project.

7 And it's at Tab (l). This study, it does a good

8 job. There's also an accompanying oral history

9 study. And that's mentioned in Tereasa Maillie's

10 research. And again, another source that Shell

11 could have looked at for their Project Study is the

12 original interviews, and they were all held at the

13 University of Alberta archives, freely available.

14 And a specific one that would have been

15 extraordinarily valuable, and again, neither here

16 nor there, it's just important information, but

17 they interviewed a Shott who is the mother of Henry

18 Shott who was one of the key trapline holders in

19 the area. And in that would have been a great deal

20 of traditional land use information that could have

21 been included in the report that wasn't.

22 On tab (m), I've got some files from the

23 Provincial Archives of Alberta. And what it is is

24 it's files detailing one person's historical

25 trapline. Unfortunately, at the archives there are

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1 only files from cancelled traplines so it somewhat

2 limits the ability. But these same files exist on

3 every trap report and a FOIP request would provide

4 all this information. So if, for example, Shell or

5 Golder wants to do a detailed study believing that

6 traplines are the key to understanding areas, what

7 should happen is they should do a FOIP request on

8 each of those reports, and had they done that, they

9 would have, a few pages in, you'll see a map, this

10 one is about the Steepbank and details a number of

11 cabins and details a great amount of traditional

12 land use information, this information would be

13 available. Had it been, unfortunately I would have

14 loved to do it, I would have loved to include it in

15 a Métis-specific study, but unfortunately we

16 weren't provided the funds, so that didn't happen.

17 More specifically, what this also shows, you

18 can see William Castor is one of the members. It

19 shows use in the Regional Study Area. Also by the

20 Shott family, who used to live over by where

21 Syncrude Towers are before they built the towers

22 and basically bulldozed him out of that area.

23 And lastly, but definitely not leastly, and I

24 encourage everybody to read this interview, one

25 completed with William Castor and his late wife

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1 Gertie Castor, who I've already referenced.

2 And I think that's it for my historical

3 evidence.

4 Q. So in preparing the portions of the submission

5 filed in this matter, how many trappers did you

6 interview specifically?

7 A. Oh, I think it was approximately ten.

8 Q. And did you interview John Grant?

9 A. Yes.

10 Q. And do you know if he has a lease on the trapline?

11 A. Yes, that's what he told me.

12 Q. For his homestead?

13 A. Yes.

14 Q. And do you know, did you interview Mike Guertin?

15 A. Yes.

16 Q. Did he tell you anything about having a lease on

17 his trapline?

18 A. Yes, I think he said he has approximately a

19 two-acre lease. I think a lot of trappers in the

20 area, they have 99-year miscellaneous lease where

21 they can have a cabin and plant a garden, those

22 types of things. And the majority of the trappers

23 who I spoke to had such leases, if they were asked,

24 yes.

25 Q. Now, you mentioned Golder and you mentioned The

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1 Mark of the Métis project, were you familiar with

2 Mr. Goodjohn who was a member of the Shell panel?

3 A. I've met him briefly I think at the launching of

4 The Mark of the Métis project. But besides that, I

5 haven't had much, if any, contact with him. I was

6 aware that Golder was working on the project. And

7 I have actually spoken to another researcher who

8 was involved, yes.

9 Q. So that information would have been available to

10 Mr. Goodjohn?

11 A. I would certainly hope so. I mean, Mr. Goodjohn

12 was the project manager of the book. I mean, if we

13 flip to the actual book to the acknowledgment page,

14 he is listed as a key author. And furthermore,

15 there's Shell employees who are editorial advisors.

16 So it's somewhat surprising that all that

17 information, particularly information around

18 McLennan Lake, didn't find its way into the Shell

19 study or that Shell didn't at least ask 1935, you

20 know, if they could use it.

21 Q. Thank you, Mr. Fortna.

22 I'll turn now to Mr. Chartier, who has

23 travelled here late into the evening last night

24 from Ottawa, after returning from a trip to Peru

25 only a few short days ago. So thank you,

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1 Mr. Chartier, for travelling.

2 You are the president of the Métis National

3 Council?

4 A. MR. CHARTIER: Yes, that's correct.

5 Q. Can you explain to the Panel what that organization

6 does and who they represent?

7 A. Yes. Organization I suppose is one way to refer to

8 it. We tend to refer to ourselves as the

9 "Representative Government of the Métis Nation" and

10 the body that does represent the Métis Nation is

11 the Métis National Council.

12 The Métis National Council came into being in

13 1983 after being part of another organization

14 called the Native Council of Canada, now the

15 Congress of Aboriginal Peoples, which was formed in

16 1971 by the three western prairie Métis

17 organizations.

18 Why we formed the Métis National Council in

19 1983 was because of the repatriation of the

20 Constitution from Great Britain to Canada. And the

21 Canada Act coming into force in 1982. There was a

22 provision for a constitutional conference to be

23 called by the Prime Minister to identify and define

24 the rights of the Aboriginal peoples for further

25 entrenchment in Canada's Constitution.

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1 So we felt at that time that, as a Métis

2 people, we needed to have our own voice, and so we

3 withdrew from an association of other Aboriginal

4 peoples to represent ourselves. And that's

5 important to note because the Métis are a distinct

6 people. We of course came into being several

7 hundred years ago after contact between the fur

8 traders in Western Canada and the First Nations

9 populations, particularly the Cree and the ,

10 the Obijbwe, and we formed our own distinct

11 society, if I can call it that, with a language,

12 our culture, customs, traditions, and the language,

13 Michif, which was referred to earlier. We had a

14 political consciousness. We formed governments.

15 The first provisional government in 1869/'70 when

16 Hudson's Bay Company was purporting to sell

17 Rupert's Land in Northwest Territories to Canada.

18 Second provisional government in 1885 in the

19 Batoche area of . And we continue in

20 that mode to this day to represent our peoples'

21 interests.

22 And so the vehicle we have chosen, as I've

23 stated earlier, is the Métis National Council. So

24 that is our Métis Nation government.

25 Q. Now, in your role as president of that

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1 organization, do you have knowledge of what other

2 provinces have done or recently have done in terms

3 of implementing consultation with Métis groups?

4 A. Yes. In my role as head of our Métis government,

5 yes, we do have interactions. And I should just

6 say that after 1870, and I don't have graphics, but

7 the original province of Manitoba was very small,

8 about 50 miles by 150 miles, so we call it the

9 "postage stamp province." So most of our homeland

10 up until that point was not dissected by any

11 provincial boundary. Some fell into a bit of

12 what's now or then Ontario. But primarily it was

13 outside of that then province. And in 1905, of

14 course, we had the Provinces of Alberta and

15 Saskatchewan created, artificial boundaries to our

16 nation. And over the years, our people became

17 organized by province, by provincial jurisdiction.

18 So in this province, you have the Métis Nation of

19 Alberta, and its governance structure. You have

20 the same in Ontario, the Métis Nation of Ontario.

21 The Manitoba Métis Federation, the Métis Nation of

22 Saskatchewan, the Métis Nation of .

23 So those five bodies, we call them the

24 governing bodies of the Métis Nation, form the

25 Métis National Council. And the five presidents of

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1 those governing members, along with the national

2 president, form the cabinet or the government, the

3 Board of Governors of the Métis Nation.

4 Now, the role of the Métis National Council

5 is to pursue a land base and self-government as a

6 people. And we do general policy development. And

7 it's our governing members such as the Métis Nation

8 of Alberta that do on-the-ground services, programs

9 and services, the Métis National Council doesn't do

10 that.

11 So in the case of Alberta, when we look at

12 the issue of consultation and accommodation, that's

13 on the ground within this jurisdiction. The Métis

14 Nation of Alberta has its own jurisdiction, similar

15 to the Province of Alberta within Canada, so within

16 the Métis Nation, the Métis Nation of Alberta has

17 its own jurisdiction. There's a bit of a division

18 of powers there.

19 At the national level, as I mentioned, we're

20 in the pursuit of a land base and self-Government.

21 We represent the Métis Nation nationally and

22 internationally, and we pursue broad policy

23 objectives with the Federal Government.

24 And when we're successful, for example in

25 employment and training, that is devolved directly

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1 to the governing member, so there's an agreement

2 between the Federal Government and the Métis Nation

3 generally, and then specifically between the

4 Federal Government and the Métis Nation of Alberta

5 in this case, where they deliver programs and

6 services through what's now the Rupert's Land

7 Institute.

8 So that's how we operate.

9 So in terms of consultation and

10 accommodation, the role that the Métis Nation

11 Council played was more at the policy level with

12 the Federal Government and the policy that the

13 Federal Government came out with a couple years

14 ago.

15 And within the respective jurisdictions, the

16 Métis Nation of Alberta has the responsibility and

17 jurisdiction to look at accommodation and

18 consultation or conservation and accommodation

19 within the Province of Alberta, so that's their

20 jurisdiction. We will give advice. We do have a

21 Métis Rights Panel that examines this. We come

22 together collectively to look at these issues. But

23 in the final analysis, it's the Métis Nation of

24 Alberta Government that makes, you know, decisions

25 within the Province of Alberta.

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1 Q. So I think in summary, you're telling me that, as

2 the president of the Métis National Council and

3 that governing body, you wouldn't directly

4 negotiate consultation policies with the Province;

5 that would be left to the bodies within the

6 provinces, but do you have a general knowledge of,

7 for example, recent negotiations in Manitoba?

8 A. Well, let me start with Ontario in terms of the

9 consultation and accommodation. The Métis Nation

10 of Ontario struck up a good working relationship

11 with the current government, particularly after the

12 success of the Powley case in 2003 in the Supreme

13 Court of Canada. They did negotiate a four-point

14 agreement in terms of harvesting within the

15 province, which has been upheld in the courts. And

16 they have a system of harvester cards, which was

17 agreed to.

18 But beyond that, the province has provided in

19 excess of I believe $2 million to the Métis Nation

20 of Ontario to develop consultation and

21 accommodation policy. And the Métis Nation of

22 Ontario itself is going to its regions and working

23 out agreements between the region and themselves to

24 try to formalize a process internally while they

25 are dealing with the Provincial Government.

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1 And that's been very helpful because it also

2 signals to industry that, you know, the Métis do

3 have, you know, rights, do have to be dealt with.

4 And a prime example is Detour Gold in northern

5 Ontario where they have entered into an impact and

6 benefit agreement with the Métis Nation of Ontario.

7 So it's quite significant that, you know,

8 governments coming to the table acknowledging the

9 Métis, you know, it's significant, it's important.

10 In Manitoba, just recently, and I was there,

11 at the Manitoba Métis Federation General Assembly

12 at the end of September, the Premier of the

13 Province, Premier Selinger, and Manitoba Métis

14 Federation President David Chartrand, entered into

15 an agreement in terms of harvesting. And that's

16 based again on the Powley decision. But through

17 the Goodon case, which held that Métis had hunting

18 rights in basically southern Manitoba, well, from

19 Winnipeg down to the border and across to the

20 Saskatchewan border, so a relatively large area, so

21 they negotiated an agreement, taking up a good part

22 of the province, most of the populated area of the

23 province, where Métis people can engage in

24 harvesting, and not only wildlife and fish, but

25 also of timber or wood for domestic purposes.

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1 And beyond that, it's based on the Métis Laws

2 of the Hunt, the Province will be engaged to help

3 enforce the rules, but the rules that are made by

4 the Manitoba Métis Federation itself. So quite a

5 significant step.

6 In Saskatchewan, I was part of two meetings

7 that the Premier initiated with the First Nations

8 and Métis leadership. And the Province has come up

9 with a policy on consultation and accommodation. I

10 don't remember the details of it now. It's been a

11 couple years ago. And they are still working on

12 making it applicable in this case to the Métis

13 community in Saskatchewan.

14 I'm not too clear as to what's happening in

15 British Columbia because there, the Courts haven't

16 been as -- well, there hasn't been today any

17 successful litigation in British Columbia that

18 would, you know, perhaps encourage the Province to

19 move forward. But I think, you know, they are in

20 discussions as well.

21 And in this province of course you have the

22 witnesses that were up. And I'm assuming they

23 spoke about this aspect of it already.

24 So there is some movement happening. And I

25 know that the Métis Nation of Alberta, the Métis

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1 Nation of British Columbia, do have an interest in

2 major projects. We at the National Council entered

3 into a Métis Nation Protocol in September of 2008

4 with the Federal Government whereby we will engage

5 on a number of issues, including economic

6 development, dealing with the Residential Schools

7 issue, dealing with Métis veterans, dealing with

8 unfulfilled issues with respect to land and other

9 legal rights.

10 Now, to date, we've engaged in economic

11 development. We have a process whereby the Métis

12 Nation is engaged with the Federal Minister, in

13 this case Minister Duncan, and the five Aboriginal

14 Affairs Ministers from Ontario to B.C. It's called

15 the Métis Economic Development Symposium Process.

16 And we've had two meetings at the ministerial

17 level. And at our last meeting in January of last

18 year, we agreed that our officials would get

19 together and negotiate, or not negotiate, but draft

20 a national economic development strategy or policy

21 which would be brought back to principles in 2013.

22 And I just had a meeting with Minister Duncan

23 two weeks ago and we're going to work to ensure

24 that our officials continue this work and that in

25 fact we have, you know, this ec-dev policy brought

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1 to us. And in all of these discussions we also

2 talk about the need to ensure that industry, you

3 know, comes to the table and deals with the Métis

4 in a meaningful way.

5 And in fact we've had not only national

6 meetings, we've had what we call "mini meds." We

7 had one in Grand Prairie in March of this year, a

8 joint meeting between the Métis Nation of Alberta,

9 Métis Nation of British Columbia, officials from

10 the Federal Government and the Provincial

11 Government, and industry, including Enbridge. So

12 we've been having these fairly good discussions.

13 And I believe, you know, we're starting to have

14 traction on this, this whole aspect of inclusion of

15 Métis.

16 But I just want to say one thing and I tell

17 this to the Minister and I tell it to others

18 wherever I have the opportunity: Métis are

19 discounted by industry and governments in all of

20 this. And why are we discounted? I think industry

21 views us as a people without rights. We don't have

22 reserves, except of course in Alberta there's eight

23 Métis settlements. But outside of that, we've been

24 dispossessed of our lands. Our harvesting rights

25 have been denied. And basically the Federal

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1 Government takes the position that the Métis are a

2 provincial jurisdiction or a responsibility of the

3 province, and they say, no, the Métis are a Federal

4 jurisdiction. So we are in a political limbo.

5 And we say of course the Métis Nation, we are

6 responsible for ourselves, but it's the Federal

7 Government that has the jurisdiction to deal with

8 us on a nation-to-nation or

9 government-to-government basis.

10 And just on that, Minister Strahl, who

11 entered into the agreement with us in the House of

12 Commons and elsewhere, has said that this protocol

13 signed with us is signed and our relationship is a

14 government-to-government relationship. So that

15 recognition is beginning to come into place, but

16 it's not there yet, and so we need to continue

17 pushing, pushing that aspect.

18 Q. Now, you mentioned litigation in different

19 provinces. You are also a lawyer?

20 A. Well, I hate to admit it, but, yes.

21 Q. And I know you've read my submissions and there's

22 submissions of my clients and many of those cases

23 that are cited you were involved in?

24 A. Yes, as a lawyer.

25 Q. As a lawyer?

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1 A. Yeah. I should also say, I didn't say this at the

2 start, but I am of course a Métis person. I am

3 from northwest Saskatchewan, a place called Buffalo

4 Narrows. And when the winter road is open, it's

5 only about a two-and-a-half or three-hour drive

6 from here. I know of course my community in

7 northwest Saskatchewan very well. I know a lot of

8 people in northeast Alberta as well. And so I'm

9 not unfamiliar with, you know, this area.

10 I just wanted to make that clear. And yes, I

11 was involved as a lawyer because -- and I'm not a

12 practising lawyer as such. I've mainly been

13 engaged as a legal consultant or in the research

14 aspects of things, and when we were doing our

15 Aboriginal Rights research in the late '70s in

16 terms of promoting our land rights.

17 But one of the Elders finally in 1993 came to

18 me and said, look, you're a lawyer, our people are

19 being charged, you should stand up and defend them.

20 So I did. Our Métis Local in Buffalo Narrows

21 agreed, and I am a member of the Local, and I said,

22 okay, I'll provide my services as long as the Local

23 and the community raises monies for witness travel

24 and for potential reports and so on and so forth.

25 And so we did that. And so throughout about the

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1 next 15 years, we did about six cases in

2 Saskatchewan, all of which I would say were

3 successful.

4 Q. And the reason I bring that up is you mentioned

5 litigation defining the rights of the Métis people.

6 In fact, that is particularly that the rights have

7 been defined in the courts, would you agree with

8 that?

9 A. Well, they are beginning to be defined in the

10 Courts. Again, when we formed the Métis National

11 Council to represent ourselves once again, we took

12 the position that we would go into the

13 constitutional conferencing process as a people and

14 that we would go on the basis of the right of

15 self-determination to a land base and

16 self-government as a people. And that Section 35

17 would be a fall-back. Because when Section 35 was

18 put into the -- well, it wasn't Section 35 -- but

19 when that section found its way into the

20 Constitution in January 1981 through the

21 negotiations of Harry Daniels, the then leader of

22 the Native Council of Canada, we received a letter

23 shortly after that by the then Minister of Justice

24 who agreed to the clause going in and agreed to

25 defining Aboriginal peoples to include the Indian,

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1 Inuit and Métis. He sent a letter to all of us,

2 the national body and the provincial bodies,

3 stating that the funding that we were receiving

4 from 1976 to make our claim was going to be

5 terminated, and that their Justice Department's

6 legal opinion is that any rights that we had to

7 lands or resources were extinguished, and so

8 therefore no need for anymore funding. So that's

9 after they agreed to put our rights in the

10 Constitution.

11 So they said, okay, it's in here and then two

12 months later they said but you ain't got none

13 anyway.

14 So again, we took the position that fine,

15 we'll go into the process. And there were four

16 constitutional conferences in the 1980s. And then

17 the Charlottetown round in 1992. So with the

18 failure of those four conferences and with the

19 success/failure of Charlottetown, and I say success

20 because we were able, the Métis Nation through the

21 Métis National Council, to negotiate a side deal.

22 It's called the Métis Nation Accord which is part

23 of the Charlottetown Accord, which would have seen

24 a land claim process for the Métis, would have seen

25 financing of self-government for the Métis, whereby

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1 we would be getting part of taxes back to run our

2 government, and we would have seen an amendment to

3 Section 91-24 of the Constitution Act (1867) which

4 provides jurisdiction to the Federal Government to

5 deal with Indians and the lands reserved for the

6 Indians. That's where they have the authority to

7 pass the Indian Act. And we're not saying we're

8 Indians as per the Indian Act, we're saying that

9 Indians in 91-24 and 1867, basically is synonymous

10 with Aboriginal peoples. And in 1939 the Supreme

11 Court of Canada in a reference case on the Quebec

12 Government and Federal Government said, yes, Inuit

13 Eskimos at the time are Indians for the purpose of

14 91-24, because the Feds and Quebec government were

15 squabbling over who should assist the Inuit in

16 northern Quebec during the dirty '30s, or that

17 period of time during the Depression.

18 So the only question outstanding is for the

19 Métis. And that will be resolved sometime this

20 year again through the Daniels case in the Federal

21 Court Trial Division, a decision will be coming

22 down at any time.

23 So we were successful in getting that accord.

24 But in the referendum of October 1992, about

25 55 percent of Canadians voted down or voted against

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1 the Charlottetown Accord, which would have

2 accommodated Quebec's distinct society, would have

3 accommodated Alberta's Triple E Senate. And you

4 know, Aboriginal Rights entrenchment in the

5 Constitution, plus the Métis Nation Accord.

6 So at that time, the Métis Nation leadership

7 said, okay, we failed in the political process,

8 there's no conceivable opportunity to get back to

9 the Constitutional table, for a long time, and in

10 fact we haven't yet, it's almost, well it's 20

11 years. So we said, okay, we'll take our fallback

12 position, which is Section 35. And so starting in

13 1993, we started defending our people in the courts

14 and we've had these ultimate victories, like I say,

15 in Powley in 2003 and these various cases in

16 Saskatchewan and Manitoba.

17 Q. Now, and that's where I was getting to. There was

18 some discussion here yesterday with the Panel and

19 our witnesses, the witnesses, my clients, and your

20 clients as well, or your --

21 A. Constituents.

22 Q. -- constituents, that's the word I was looking for.

23 Thank you. About how one would determine who the

24 governing body is that would need to be consulted.

25 And there was some questioning I think from the

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1 Panel. And I'm just wondering if you could address

2 that and perhaps bring it back to how the courts

3 have determined that.

4 A. Well, how the Courts have determined that, your

5 last question, I'm not sure that the Courts have

6 determined that. But I do know that in the one

7 case, the Métis Nation of Labrador, which they no

8 longer call themselves Métis anymore, but anyway,

9 they did at the time, the Courts did say that their

10 organization was a proper body to be consulted. So

11 that took care of that aspect of it.

12 Q. And that was the government, the governing body?

13 A. Well, that was the -- well, I wouldn't say the

14 government. It was their organization.

15 Q. Okay.

16 A. We're a government, they're an organization.

17 Q. Okay.

18 A. Anyway, yes, so that -- but in terms of the Métis

19 specifically, I don't believe there's any court

20 decision. I don't follow all the cases as well. I

21 don't really have time to do that anymore. I don't

22 think I can point to a case that says this is the

23 proper Métis community or group of people to be

24 consulted.

25 What we do is, as I mentioned before, the

Realtime Connection [email protected] 3051

1 Métis Nation of Alberta in this province has the

2 jurisdiction to work out that particular issue

3 within this province. And I'm not sure if they

4 have actually come up with any kind of agreement.

5 I know they've had discussions in terms of

6 consultation and accommodation, but I don't know if

7 they have an actual agreement amongst themselves.

8 How we look at it, and I'll just use again

9 the 1980s as a prime example, when we were looking

10 at negotiating a land base and self-government, we

11 produced papers, the Métis Nation itself, and our

12 position is that our local communities, or

13 community's a tough word, too, because the Métis

14 Nation is one community. I mean, you can go to

15 regional community, you can go to local community.

16 So one has to be careful with that terminology.

17 However, we believe strongly that our

18 community-level governments have to be fully

19 engaged. We believe, at the next level, the

20 regional level, must be fully engaged, and we

21 believe the provincial level needs to be fully

22 engaged.

23 Our preference stated at the time, and I

24 don't think abandoned yet, is that we develop a

25 national policy which will give general guidance,

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1 and within that, each governing member,

2 jurisdiction, will come up with what works best for

3 them within their jurisdiction and the governments

4 that they are dealing with. And they will have,

5 again, you know, some broad principles that would

6 be in place.

7 And at the regional level, they would also

8 have guidelines and policies that would flow from

9 the general policy. And at the community level,

10 you would have the same.

11 What we don't want to do or what we don't

12 want to see is what has happened in the past with

13 the scrip system. And I don't want to get into

14 that as well.

15 But basically our people, starting in 1870,

16 were dealt with as individuals, not as a

17 collective, okay. We have collective rights as a

18 people, but the government, the Federal Government

19 chose not to deal with us as a collective. They

20 individualized our nation and they provided land in

21 individual ownership, fee simple ownership, per

22 person. And in that way, they dispossessed us of

23 our lands. And we're challenging that. I won't

24 get into that, but that's another story.

25 So we don't want that to be repeated. We

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1 don't want to see industry or anybody else coming

2 into our communities individually and saying, you

3 know, we'll settle with you on this. You know, we

4 don't want to be fragmented. We need to have a

5 cohesive approach. This is why we need a

6 provincial policy, a regional policy, and local

7 policies, which, you know, are complimentary.

8 And we went so far as to say as well back in

9 the '80s that on these negotiations that at least

10 at the local level you'd have regional, potential

11 regional representation or provincial

12 representation to ensure consistency. But these

13 things still need to be worked out.

14 One of the big problems we have is the lack

15 of capacity. I heard some, you know, somebody say,

16 CDs and stuff were dropped off. I was the

17 president of the Métis Nation of Saskatchewan from

18 1998, February, to basically January 2004 when I

19 moved up to the national level. And we'd get boxes

20 of stuff delivered to us. We wouldn't even open

21 them because we had no capacity to do so. We had

22 no money to hire anybody to look at this stuff.

23 So, you know, and it's really all I can say

24 on that.

25 And we'd get, you know, every month or every

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1 few weeks, envelopes from the Province saying, you

2 know, "We're going to change these guidelines.

3 We'd like to consult with you on this." We had no

4 capacity to look at that either.

5 And I don't think that's changed at all. I

6 know at the national level, we get letters and we

7 have nobody in our office that can look at this

8 stuff.

9 So if that's happening at the national level,

10 and if that's happening in our provincial office,

11 at least when I was there in Saskatchewan, what

12 about the community level? I know people get

13 letters. I mean, they are volunteers. Some have

14 jobs, some don't, but they volunteer their time.

15 And they get all this material and, you know, what

16 can they do with it. I mean, often they don't even

17 understand what's in it because they don't have the

18 education to be able to read that or the technical

19 knowledge to read it if, you know, if they do have,

20 you know, high school or even some university

21 education, some of it is quite technical. So it's

22 a very big issue.

23 So we do need to ensure that, in this

24 province, the government of the Métis in this

25 province has an involvement in what takes place at

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1 the community level, but the community certainly

2 has to be the ones that benefit, and have to be

3 involved, and engaged at every step of the way.

4 But not be left in isolation to, you know, perhaps

5 not do what's in the best interests of the

6 community as a whole.

7 Q. I think those are all the questions that I have for

8 you, Mr. Chartier. I really do appreciate you

9 flying in almost immediately from getting back from

10 Peru, so we do appreciate that.

11 A. Thank you.

12 THE CHAIRMAN: Thank you.

13 Mr. Lambrecht, do you have any questions.

14 MR. LAMBRECHT: Thank you, sir. I have no

15 questions of this particular panel.

16 THE CHAIRMAN: Thank you.

17 Shell? Mr. Duncanson?

18 MR. DUNCANSON: Thank you, Mr. Chairman. We

19 do have just a few questions.

20

21 CROSS-EXAMINATION OF MÉTIS NATION OF ALBERTA - REGION 1

22 AND THE INDIVIDUALS AND GROUPS NAMED TOGETHER WITH

23 REGION 1, SECOND WITNESS PANEL, BY SHELL CANADA,

24 BY MR. DUNCANSON:

25 Q. MR. DUNCANSON: I'll start with just a quick

Realtime Connection [email protected] 3056

1 question for Mr. Chartier.

2 Can you confirm for me, sir, whether you've

3 in fact reviewed the Application for this Project

4 and the Consultation Logs between Shell and the

5 various Métis communities?

6 A. MR. CHARTIER: All I can tell you is the

7 only thing I've seen is this pretty little pamphlet

8 or booklet.

9 Q. Thank you.

10 Mr. Fortna, a few questions for you and

11 perhaps it would be easiest if you pull up that map

12 that shows the various traplines that you were

13 referring to. I can talk about something else

14 first.

15 Mr. Fortna, you talked a fair bit about

16 consultation between Shell and Local 125 and Local

17 1935. And my understanding is that there were, in

18 fact, a number of meetings between Shell and each

19 of those Locals. And perhaps we could just run

20 through a list of some of those meetings and you

21 can confirm for me, sir, whether, first of all, you

22 were aware of the meeting and secondly, whether you

23 have reviewed the meeting notes from that meeting.

24 I'm simply just trying to understand what

25 information you used to develop the opinions that

Realtime Connection [email protected] 3057

1 you relied on.

2 So starting with Local 1935, are you aware,

3 sir, of the meeting --

4 MS. BISHOP: Which exhibit are you

5 referring to? We should provide it to the witness.

6 MR. DUNCANSON: I'm in fact just listing off

7 a series of meeting dates.

8 MS. BISHOP: From which exhibit number,

9 please?

10 MR. DUNCANSON: I'll pull that up.

11 Q. While we're locating that exhibit number, I see

12 that the map that I was referring to is up on the

13 screen, so maybe we'll start with where I was

14 planning on starting originally.

15 A. MR. FORTNA: Sure.

16 Q. You talked a lot in your Opening Statement about

17 McLennan Lake?

18 A. Yes.

19 Q. Can you just identify for me where that is, sir?

20 A. Sure.

21 Q. Okay, that's that lake there. Is that the same as

22 McLelland Lake, is that the same lake?

23 A. I would presume. Yeah, I think that's just a typo.

24 Q. Okay. And perhaps, Mr. Fortna, can you just

25 identify for me on the screen where your

Realtime Connection [email protected] 3058

1 understanding of the Local Study Area for the

2 Project is?

3 A. Roughly -- well, it's a little below.

4 Q. Okay, so the area including McLelland Lake?

5 A. M'mm-hmm.

6 Q. Okay. You mentioned a gentleman by the name of

7 William Castor; is that right?

8 A. That is correct.

9 Q. And you stated, I believe, that Shell did not speak

10 directly to Mr. Castor, but that's not quite

11 correct, is it, sir?

12 A. That's what William told me over the weekend.

13 Q. Okay, so you're presumably not aware of a meeting

14 between Shell and various local 1935 Elders on

15 December 8th, 2008?

16 A. Right.

17 Q. Including Mr Castor himself as well as his late

18 wife, Diane Hamelin, Elsie Yanik, Anne Michalko. I

19 hope I pronounced that right.

20 A. Ann Michalko.

21 Q. Ann Michalko, Dana Lacorde, Marlene Cardinal,

22 Walter Cardinal, Richard Grolosky?

23 A. Galosky.

24 Q. You're not aware of that meeting, sir?

25 A. No. And to be honest, I guess to be fair, neither

Realtime Connection [email protected] 3059

1 was William Castor, so clearly that meeting did not

2 leave an impression on him.

3 Q. So he didn't tell you, sir, that he actually raised

4 concerns about his trapline at that meeting and

5 there was direct dialogue between him and Shell,

6 you're not aware of that?

7 A. No, I didn't, but it would be nice to see the

8 minutes from that meeting so that I could confirm

9 that fact with Mr. Castor.

10 Q. Yes, we can certainly provide that in rebuttal.

11 A. Because I think what happens often is these

12 meetings happen and project-specific concerns are

13 not fairly addressed. And it's just not right.

14 Q. Okay, thank you for that. So I think we'll deal

15 with the details of these meetings in our rebuttal.

16 But we'll be able to provide the exhibit after the

17 break and we'll deal with that then.

18 So, Mr. Fortna, can you pull up the Métis

19 Nation of Alberta's October 1st Submission.

20 A. Just bear with me. I'm just having some technical

21 issues. All right, I'm there digitally and in

22 paper, so.

23 Q. So that's Exhibit 010-004A. And I'm looking

24 specifically at Adobe page 15, which shows map 3.

25 A. And what's the page number?

Realtime Connection [email protected] 3060

1 Q. Hard copy page 11.

2 A. And it starts 26 map 3, is that what you're looking

3 at?

4 Q. Yes, that's right.

5 So my understanding, sir, is that the various

6 numbers underneath this map, that provides a bit of

7 a summary of some of the various concerns that are

8 outlined in the response or in the submission?

9 A. M'mm-hmm.

10 Q. And there were just a few that I was a little bit

11 confused about, so I'm hoping you could clarify.

12 One is a statement that says (as read):

13

14 "The water quality of the

15 Athabasca River is a key concern of

16 Métis Nation of Alberta Region 1

17 and is at risk if the Jackpine Mine

18 Expansion is approved."

19

20 Do you see that?

21 A. Which number was it again, sorry?

22 Q. So that's under number 3 under the map.

23 A. Yes, I do see that.

24 Q. So, Mr. Fortna, can I take it you did not read

25 Shell's May 2012 Submission, Appendix 1,

Realtime Connection [email protected] 3061

1 Exhibit 001-051F?

2 A. I think the reality is I read a lot of material for

3 this Project. A second reality is Shell did not

4 provide capacity to the Métis Nation of Region 1 to

5 perform a technical review of the material.

6 Therefore, what we are recording here is largely

7 looking at the study area and what the Elders'

8 concerns were. I mean, this stuff should have been

9 done in 2007 with the communities' Elders so that

10 we could have had a meaningful dialogue and

11 collected that technical information. And to be

12 honest, I'm not a scientist either, so even my

13 reading of it is largely a layperson's reading of

14 it. I'm an historian by training, therefore I,

15 myself, and the Elders have concerns about that.

16 And about how this Project is going to impact the

17 Athabasca River.

18 Q. Okay, so would it be fair to say, then, sir, that

19 the statement in that submission that says that the

20 water quality will be at risk if the Project is

21 approved, that was not based on Shell's May 2012

22 Submission; is that fair?

23 A. That's fair.

24 Q. Okay. And another thing that I just found a little

25 bit confusing, and the map kind of shows this as

Realtime Connection [email protected] 3062

1 well, but it appears as though several of the

2 concerns in the submission are, in fact, related to

3 the Pierre River Mine project and not the Jackpine

4 Mine Expansion. And you see that specifically with

5 item five under that map. Is that fair to say?

6 A. I don't think that's totally fair. I think

7 community members are worried about how the Shell

8 Jackpine Project is going to impact both sides of

9 the river and the area more broadly. And because

10 we haven't had the capacity to complete technical

11 reviews to fully understand what the impacts are

12 from the Métis perspective, I think there's a lot

13 of concerns.

14 For example, Mr. Guertin yesterday spoke

15 about how odours are impacting flight patterns of

16 birds. We don't know how the odours that are going

17 to be produced by the Shell Jackpine Project are

18 going to travel and how they are going to impact

19 animals on the other side of the river. That's

20 just one example of how we're concerned about this

21 Jackpine Project.

22 And the reality is the community members

23 don't understand what those impacts are.

24 Q. So sir, maybe let's just look specifically at that

25 item 5 under the map, and you talk about:

Realtime Connection [email protected] 3063

1

2 "... blocking of access for

3 Métis harvesters to existing bush

4 trails into traditional

5 Gardiner-Namur Lakes, Hunting and

6 Fishing and Gathering Areas."

7

8 You see that?

9 A. That's Namur Lake, by the way.

10 Q. And you agree with me, sir, that that is a concern

11 that is not related to the Jackpine Mine Expansion,

12 that is only related to the Pierre River mine

13 project?

14 A. To be fair, I don't know. Because we don't --

15 Q. You don't know --

16 A. Because we haven't had the meaningful dialogue with

17 Shell to understand exactly what these impacts are.

18 Q. Okay, thank you, sir.

19 And the last question I'll have on this page,

20 it's actually item 1 under the map. And you say:

21 "If McLelland Lake is drained for the Jackpine Mine

22 Expansion," do you see that?

23 A. M'mm-hmm.

24 Q. Okay, so again, sir, presumably when that statement

25 was made, that was not made having familiarity with

Realtime Connection [email protected] 3064

1 Shell's May 2012 Submission --

2 A. No, no --

3 Q. -- which clearly states that "there will be no

4 cumulative effects of the Project on McLelland

5 Lake."

6 A. Again, Métis Nation Region 1 nor the majority of

7 the member Métis Locals had capacity to complete a

8 technical review of the Project, therefore their

9 concerns are largely lay concerns of the community

10 members and they have many concerns about McLennan

11 Lake, some of which were outlined in

12 Ms. Hermansen's testimony and other people's

13 testimony.

14 And it's sad that you're questioning me on

15 this material without providing the capacity to

16 perform a technical review of the material.

17 Q. So last issue, sir. I'm going to go through that

18 list of meeting dates, and we don't have an exhibit

19 number for that, we're going to address that in

20 rebuttal, but perhaps I could just run through a

21 list of meeting dates and you can confirm for me

22 whether you're aware of a meeting on that date.

23 A. I'd feel a lot more comfortable looking at this

24 with an exhibit number.

25 MR. DUNCANSON: So, Mr. Chairman, perhaps we

Realtime Connection [email protected] 3065

1 could take our break for the morning now and we'll

2 finish our questions after the break.

3 THE CHAIRMAN: Well, it's about the right

4 time. I have 10:16 and we'll be back in

5 20 minutes.

6

7 (The morning adjournment)

8

9 THE CHAIRMAN: Could you take your places,

10 please.

11 MS. BISHOP: Mr. Chair, if I may before my

12 friend finishes his cross-examination.

13 I was advised over the break that the

14 document that my friend wanted to cross on isn't on

15 the record.

16 And I was also advised that there's a

17 potential that Shell intends to introduce documents

18 relating to consultation in the rebuttal. And I

19 just want to put my concerns on the record early in

20 this matter, because I think it's pretty clear from

21 anyone that has read our submissions filed on

22 October 1st, prior to Shell's opportunity to

23 provide rebuttal evidence, that my clients, all of

24 them, including Métis Local 135 and Local 125 as

25 well as the region, had strong concerns about the

Realtime Connection [email protected] 3066

1 level of consultation in this process.

2 Now, my friend can clarify, but it seems to

3 me that their intention, that I've been advised of,

4 is to provide documents relating to logs and that

5 type of evidence in rebuttal. And I suggest that

6 that is not the time to be providing new evidence.

7 Especially when the issue was clearly identified in

8 our submissions and Shell had an opportunity to

9 reply to those submission and they chose not to at

10 that time.

11 So we haven't raised any specific meetings.

12 We haven't raised any concerns. I did

13 cross-examine Shell's panel extensively on the

14 level of consultation. And they did address it in

15 their cross and in their direct evidence and upon

16 questioning from me on behalf of my clients.

17 So I guess the other thing that I wanted to

18 raise as a concern is that I have asked my friends

19 to provide me with any documents if they intend to

20 produce, which I likely will object, but if they

21 intend to do so, I think I should have an

22 opportunity to review those well in advance.

23 THE CHAIRMAN: Any response to that,

24 Mr. Duncanson?

25 MR. DUNCANSON: Sure, Mr. Chairman. Just to

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1 clarify, the information that we were referring to

2 that we were hoping to cross-examine on was simply

3 a compilation of material that's already on the

4 record in several different exhibits and we had

5 simply rolled it up internally into community by

6 community. And so that's information that we may

7 be presenting by way of rebuttal. It's not new

8 information. It's simply a different way of

9 presenting information that's already in the

10 Consultation Logs.

11 THE CHAIRMAN: Thank you. Go ahead, sir.

12 MR. DUNCANSON: So I guess on that note,

13 Mr. Chairman, given that the records that we were

14 hoping to refer to are in several places on the

15 record, I'm not going to take Mr. Fortna through

16 each of those this morning. And, rather, I think

17 what we'll do is we'll have Ms. Jefferson and

18 Mr. Plamondon speak to that by way of rebuttal

19 later this week.

20 Q. But, Mr. Fortna, just in fairness to you,

21 Ms. Jefferson and Mr. Plamondon are going to be

22 responding to your evidence that there has been no

23 meaningful consultation with the Métis Locals, and

24 in fairness to you, sir, if you have any comments

25 that you'd like to provide right now on that, feel

Realtime Connection [email protected] 3068

1 free to do so.

2 A. MR. FORTNA: I guess my meaningful comment

3 will be or my comment would be, I'm just thinking

4 back to our cross-examination of Shell by

5 Ms. Bishop, and when she asked Shell how much money

6 they provide to the different IRCs and Shell

7 explained that that was a confidential agreement.

8 But then under Shell's cross-examination of ACFN,

9 they talked about some of those funds that were

10 provided to ACFN. That was the first time that we

11 had a clear understanding of how much money was

12 provided for consultation. And, for example, I

13 think I'd have to go back to the record to get the

14 specific amounts of money, but ACFN was provided, I

15 think the number was $160,000, for capacity in

16 order to meaningfully consult with ACFN (sic), as

17 well as additional monies provided to complete

18 project-specific studies, et cetera.

19 While there are good neighbour agreements

20 with some Métis Locals, not all, and not with the

21 Métis Nation Region 1, those are more general

22 agreements and often tied to project-specific

23 issues, and they don't provide the capacity

24 necessary to meaningfully consult.

25 And, again, I go back to Ms. Jefferson's

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1 response to Mr. Les Cooke when asked "What are the

2 concerns of the Métis?", and she could not produce

3 one substantive concern. And that worries me

4 working for the Métis Nation of Alberta and Region

5 1, and it should worry the Panel, because Métis

6 people do have concerns, they have substantive

7 concerns, and clearly Shell doesn't know what those

8 concerns are. And it worries me that this Project

9 potentially could get approved without knowing what

10 those concerns are.

11 And I guess what we're asking for is the

12 ability to come to a table at an equal playing

13 field so that we can have a meaningful discussion

14 about mitigation, impact benefits, et cetera,

15 potentially avoidance, find out what the Métis

16 concerns are, and potentially try to address those

17 concerns in a meaningful way. And that can only

18 happen if Métis people are provided the capacity

19 necessary to fully understand the impact of not

20 just Shell, all the projects in the region.

21 And I guess that would be my comment back.

22 Q. Just the last question for you, then, sir, have you

23 reviewed the Consultation Logs that Shell's put on

24 the record for this Project?

25 A. I only saw one brief one, I think. I've looked at

Realtime Connection [email protected] 3070

1 some, but, I mean, like, like you were saying

2 earlier, they are mismatched everywhere and it's

3 very difficult to get a concrete idea of the

4 consultation.

5 I mean, the best version that I was able to

6 review was that 48-page document talking about

7 Shell's consultation where they spend 46 pages of

8 that 48-page document talking about their

9 consultation with First Nations and exactly

10 one-and-a-half pages with Métis communities, all of

11 the Métis communities in the region. And it

12 worries me that Shell believes that that is the

13 same as their meetings with the First Nations, and

14 believe that their consultation with Métis equals

15 their consultation with First Nations.

16 Q. So specifically, Mr. Fortna, have you reviewed the

17 Consultation Logs in Exhibit 001-006A?

18 A. Just let me bring that up. I see 001-061, is that

19 what you're talking about?

20 Q. 001-006A.

21 A. Oh, sorry. I was looking at 61.

22 Q. I think that starts at PDF 92.

23 A. Just bear with me while it opens up. If it opens

24 up. Do we have a hard copy, Deb? I'm at

25 1 percent. It must be a big document.

Realtime Connection [email protected] 3071

1 Q. There were lots of meetings, sir.

2 A. Yes, we're still at 10 percent, so this is going to

3 take a while.

4 Q. Well, sir, perhaps I can just pass you a hard copy.

5 This is starting at PDF page 100. This is an

6 excerpt. So, Mr. Fortna, this is just one of a few

7 sets of Consultation Logs on the record covering

8 the years 2007 to 2009. Can you just confirm for

9 me, sir, that you've reviewed those?

10 A. I would say at some point I probably reviewed them.

11 Flipped through them. The reality is we weren't

12 provided the capacity to perform a technical review

13 or any other type of review for this Project, so

14 it's really hard to say that I reviewed them in

15 depth, if in any depth at all.

16 Q. Mr. Fortna, you're making, you're giving evidence

17 on the lack of meaningful consultation between

18 Shell and the local Métis communities. Don't you

19 think, sir, it would have been a good idea to

20 review the actual Consultation Logs to make that

21 opinion?

22 A. Can you please refer me to some specific pages and

23 or specific items in that document for which you're

24 referencing?

25 Q. Sure, so maybe flip to the fifth page of that

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1 document, which I believe is Adobe page 105?

2 A. Perhaps you need it back so we can get the specific

3 reference.

4 Q. Hard copy, page 5-22, do you see that?

5 A. No, I don't. Okay.

6 Q. Do you see item 25 on that page, sir?

7 A. Yes, I do.

8 Q. And this is just one example --

9 A. Actually, I'd like to talk about this example, if

10 that's okay.

11 Q. Please do.

12 A. If I remember correctly, this was a meeting that

13 was referenced earlier by Bill Loutitt and I was

14 actually in attendance at this meeting. It was

15 when I think Shell, if I remember correctly, I

16 mean, there isn't, there wasn't a lot of

17 information on this, but it was an orientation.

18 And to the best of my knowledge, Shell came and

19 provided a document -- can you pass me that

20 document there, Clem -- not unlike this, describing

21 what the Project was. And just in really

22 non-technical terms and non-specific terms.

23 Furthermore, after that, I think, if I

24 remember correctly, Shell brought in a bunch of

25 tubs of bitumen and provided toys to Elders and

Realtime Connection [email protected] 3073

1 they played in the sand to build their own oil

2 sands plant. And I'm presuming this is what you're

3 speaking about when you talk about "meaningful

4 consultation with the Métis."

5 Q. Mr. Fortna, I was just trying to establish, sir,

6 that you've reviewed the consultation records for

7 this Project and that that was the basis for your

8 conclusion that there was a lack of meaningful

9 consultation. And I think I heard you say, sir,

10 that you had skimmed some of them and you had

11 reviewed some of them, but there were so many that

12 it was hard to keep track?

13 A. That's fair. But this was a meeting that I was

14 part of, so I can speak specifically to, so.

15 Q. Okay.

16 A. That's just, I thought that was important for the

17 record and important for the Panel to know what

18 happened at that specific meeting.

19 MR. DUNCANSON: Thank you, Mr. Fortna.

20 Thank you, Panel. No further questions.

21 THE CHAIRMAN: Thanks, Mr. Duncanson.

22 Mr. Perkins?

23

24 QUESTIONS OF MÉTIS NATION OF ALBERTA - REGION 1

25 AND THE INDIVIDUALS AND GROUPS NAMED TOGETHER WITH

Realtime Connection [email protected] 3074

1 REGION 1, SECOND WITNESS PANEL, BY THE ERCB BOARD STAFF,

2 BY MR. PERKINS:

3 Q. MR. PERKINS: Yes, just a couple questions,

4 panel. First probably for you, Mr. Fortna, we've

5 seen a number of maps and other material in the

6 presentation. One question we have is the maps or

7 the material that indicate the presence of cabins

8 on traplines or in trapping areas, does the

9 material distinguish between cabins that are

10 historical and cabins that are in active use?

11 A. MR. FORTNA: I think some of the Shell

12 material does. In terms of our material, no, we

13 don't make that distinguishing factor. Had we had

14 funds to complete a more thorough Traditional Land

15 Use Study, including ground-truthing, that would

16 have been, that we would have been able to provide

17 that information. But because we didn't have that

18 capacity, we were limited in what we could provide

19 to the Panel.

20 And I really would have liked to provide the

21 level of detail, say, that Mikisew Cree or ACFN or

22 Fort McMurray First Nation Métis provided, but the

23 reality is, I mean, I'm not even sure we're going

24 to get paid for the work we did. It was largely

25 over weekends and perhaps as a volunteer. I guess

Realtime Connection [email protected] 3075

1 we'll see at the end of the day, because I'm

2 working for completely under-capacity

3 organizations.

4 Q. Okay, so just to be clear, then, the MNA's material

5 doesn't make that distinction, and you didn't have

6 the ability to do that work, so you couldn't

7 provide it either?

8 A. That's correct.

9 Q. All right, thank you.

10 And, Mr. Chartier, I wanted to ask you a

11 question about Crown Consultation. I know you said

12 you're legally trained but you're not a practising

13 lawyer. And just to be clear, I'm not asking you

14 to give a legal opinion when we go down this road,

15 but just state from your own experience in your

16 leadership, I guess, whether you're comfortable

17 answering the question, okay?

18 So would you agree with me, sir, that Crown

19 Consultation is owed to the Aboriginal community as

20 a whole, it's owed to collectives?

21 A. MR. CHARTIER: What's the last part?

22 Q. It's owed to collectives?

23 A. Yes.

24 Q. It's not owed to individuals. Okay.

25 A. That's correct.

Realtime Connection [email protected] 3076

1 Q. And you understand, I assume, that Region 1

2 represents Métis from an area of Alberta that

3 ranges from as far south as about Lac La Biche all

4 the way up to the Northwest Territories border, you

5 understand that?

6 A. I do.

7 Q. Okay. Within that region, in your opinion, what is

8 the proper person or organization to assert the

9 rights afforded under Section 35 to a Métis

10 community?

11 A. That's a very broad question. I could answer it in

12 a number of ways. Let me start by saying this, I

13 mentioned earlier about the scrip system and that

14 there is a challenge to it. I'm from northwest

15 Saskatchewan. In 1994 we filed a Statement of

16 Claim in Court of Queen's Bench for the whole of

17 northwest Saskatchewan claiming unextinguished

18 Aboriginal title and rights to the lands and

19 resources. And I also mentioned that in 1906 there

20 was an artifical boundary created by the state.

21 And so our Statement of Claim currently only

22 extends to the Alberta border, but there's nothing

23 stopping us, and we've been discussing this, from

24 actually moving and taking in north-eastern Alberta

25 as part of our traditional homeland, because,

Realtime Connection [email protected] 3077

1 again, the provincial boundary does not change the

2 fact of our existence as a people on the land. So

3 that's something that needs to also be taken into

4 account.

5 And we also know that the people from

6 Lac La Biche, Île-à-la-Crosse, Saskatchewan, Green

7 Lake, are primarily part of a regional community,

8 which was established in one of the Court cases in

9 Saskatchewan, and that extends up to La Loche and

10 arguably takes in of course Fort McMurray, and

11 quite likely Fort Chipewyan.

12 So you're asking me to describe an area

13 that's even smaller than what I believe is the

14 community that is impacted by this particular

15 Project, if we take it as a community, and those

16 that have a mark on the land.

17 But certainly on a smaller regional basis, I

18 would say that, yes, Region 1 represents an

19 impacted community and they do have to be involved.

20 But at the same time, the villages or the local

21 communities also have a, you know, are being

22 impacted and also have to have a meaningful role

23 within this whole process. But I do not see that

24 it should be fragmented much beyond the regional

25 level but with significant input and involvement by

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1 the people on the ground that are being, you know,

2 directly affected.

3 Q. So let me try this. And, sorry, thank you for the

4 answer. I just want to go one step further. I

5 don't know if there's a local in Lac La Biche, I

6 assume there's a local in Lac La Biche. Do you

7 think that their interests and their potential,

8 sorry, the way this Project could potentially

9 affect them would be materially different from the

10 way that it may affect a Local from Fort Chipewyan?

11 A. Well, and again, the term Local is one that

12 unfortunately I think we adopted from the labour

13 movement. And basically there are community, Métis

14 communities, and in some cases the Métis community

15 is the dominant community in some of these

16 villages. Now, I can't speak in terms of Alberta,

17 I'm not that familiar with it, but I know in

18 Saskatchewan, the villages there are Métis

19 villages, but we still say we have Locals within

20 them when the whole village is Métis. And I assume

21 Lac La Biche and Conklin and some of these others

22 are in the same situation.

23 I think there are degrees of being affected

24 but I don't know the history well enough to say

25 that people in Lac La Biche will not be impacted.

Realtime Connection [email protected] 3079

1 But certainly, if one uses common sense, if you're

2 right in the middle of a, you know, if you're right

3 in the middle of an expansion or of an activity,

4 you're more directly affected than those that are a

5 hundred miles away. But that doesn't mean that

6 those that are a hundred miles away are not also

7 affected because they also have, you know, the

8 traditional use to that particular area but not

9 possibly as concentrated a use.

10 And let me give you an example. In

11 Saskatchewan, we have the Primrose Lake Air Weapons

12 Range, which covers Saskatchewan and Alberta.

13 There's two small Métis villages beside the bombing

14 area on the Saskatchewan side, Jans Bay and Cole

15 Bay, and you have Métis villages of Île-à-la-Crosse

16 and Beauval. I would assume that those two Métis

17 villages that are right beside the range that had

18 part of their trapping fur block areas taken would

19 be more impacted and so perhaps they should be

20 dealt with in a way that compensates for their

21 direct losses. And, again, although the Métis in

22 Île-à-la-Crosse and Beauval also use the area for

23 trapping and fishing, they were not necessarily on

24 the ground all the time as were the nearby

25 villages. But in a sense, in a way, they would

Realtime Connection [email protected] 3080

1 still be affected.

2 So I guess there needs to be a graduation of

3 impacts and that's something again that, what I

4 mentioned earlier, the policy that needs to be

5 developed by the Métis Nation of Alberta,

6 provincially and regionally and locally, has to

7 take these into account. It's certainly something

8 that we all have a common interest in addressing.

9 Q. I know, Mr. Fortna, you want to respond. I just

10 wanted to follow one point up with Mr. Chartier.

11 A. MR. FORTNA: Sure.

12 Q. In your response, as I understood you, you

13 discounted the suggestion that the Local speaks for

14 the community. You said the community, that is the

15 discussion should be with the community. Who is

16 going to speak for the community?

17 A. MR. CHARTIER: Okay, again, the community is

18 described or can be defined very broadly. You have

19 the Nation. Then you have in this province the

20 Métis Nation of Alberta governance. Then you have

21 the regional community. And that doesn't determine

22 the rights either. These are administrative

23 boundaries, like Region 1 is an administrative

24 boundary. You know, the rights-bearing regional

25 community could be smaller or could be larger. And

Realtime Connection [email protected] 3081

1 I'm not going to make that determination now.

2 But then you have the on-the-ground village

3 peoples, like Fort Chipewyan, you say, or Fort

4 McKay. They also form a local community, Métis

5 community.

6 Now, they must be involved as well. They

7 have to of course speak for themselves. But they

8 speak for themselves within the context of the

9 regional community and the provincial community.

10 So there is a collective voice, but all voices

11 within that collective must be heard, and

12 accommodated. And this is why there is a need for

13 policies internally and policies externally with

14 governments, in this case the Provincial Government

15 of Alberta. Which I know does not yet have a

16 policy in place.

17 I do recall reading a paper several years ago

18 saying that they just came up with a policy for the

19 Treaty Indian community. And I asked the president

20 of Alberta, well, what's happening with the Métis,

21 and she said, well, they told us, you know, we're

22 next. And "we're next" still hasn't happened.

23 And that's the whole situation about the

24 Métis, we are always being marginalized or

25 discounted and not taken into account.

Realtime Connection [email protected] 3082

1 So, you know, it's been I think six years

2 since that policy has come into place and yet the

3 Métis are still waiting for that policy.

4 So just to sum up. Yes, the on-the-ground

5 village local community must have a significant

6 voice, but it can't be an isolated voice, it has to

7 be a voice that is in collaboration or in

8 conformity with the principles developed at the

9 regional and provincial levels.

10 Q. And those principles don't exist yet, is what I

11 understand you're saying?

12 A. I'm not sure. I know there's been discussions, but

13 I'm not sure what exactly has been adopted by the

14 Métis Nation of Alberta Government. And all I know

15 is in Ontario, as I mentioned earlier, they are in

16 the process of doing that. They have signed

17 several agreements between their regional level and

18 their local community councils and the provincial

19 body. But there again, as I mentioned, some two

20 years ago the Ontario government provided some

21 $2 million for them to carry out these processes.

22 Q. So, Mr. Fortna, where does consultation plug in

23 with the Métis?

24 A. MR. FORTNA: I think Clem covered it quite

25 well. And the reality is it's got to be a

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1 negotiation between the Alberta Government and the

2 affected Métis communities, which is -- well,

3 National Council, I mean, you could arguably bring

4 in, but really focus on provincial, regional and

5 local. And we need that direction. And we need

6 the ability to meet with the government and have

7 that discussion and talk about how, like Clem said,

8 this is a complex issue and we're not denying that,

9 but it's much more complex when the affected

10 communities at the provincial, regional and local

11 bodies don't have the funds to meaningfully engage

12 with either government. And then that flows into

13 our engagements with Shell and companies. You

14 know, we need the ability to draft these types of

15 documents, to get working documents, to define

16 clearly these different relationships and we need

17 to do that in partnership with the Alberta

18 Government.

19 I mean, just go back to the harvesting policy

20 how it was just legislated on to Métis people. I

21 mean, that's -- the best way to do is to have

22 everybody in the tent talking about it and to

23 create a meaningful document that deals with many

24 of the issues that have come up over the last

25 number of days.

Realtime Connection [email protected] 3084

1 Q. So just a last question on this line, then. Let's

2 use the analogy of First Nations, there's a project

3 proposed, the SRD gets ahold of it under the

4 consultation guidelines and will tell the

5 Proponent, you've got to consult with these First

6 Nation groups. And my understanding is they'll

7 typically go to Chief and Council and that's where

8 consultation takes place.

9 There obviously is no equivalent of Chief and

10 Council in the Métis communities.

11 So, again, where do they go?

12 A. MR. CHARTIER: There is an equivalent. I

13 mean, we do have community councils, which we call

14 Locals, which have their own governments. The

15 difference, though, is band councils reside on that

16 identifiable piece of land. And there's Federal

17 jurisdiction which provides for the Indian Act and

18 the relationship. And of course they have the

19 treaties behind them, they have the Natural

20 Resources Transfer Agreement. So they have all of

21 these things in their back pocket and they're

22 easily identifiable.

23 Now, for the Métis, because of the

24 dispossession that took place in the late 1800s and

25 early 1900s, we've had to carve out a place of our

Realtime Connection [email protected] 3085

1 own. So we have our governing system, which works

2 I think quite well for us currently, and it's easy

3 enough.

4 So if in this case you want to do

5 consultation, I think notice must be given to the

6 local community councils, to the region, and to the

7 national or to the provincial body. And they will

8 work it out amongst themselves. And so it's not

9 that difficult. It's not difficult at all.

10 We have annual general meetings in each of

11 our provinces. There's representation from the

12 local level, the regional levels, and at the

13 provincial level. There's elections every three

14 years and now it will be every four years. The

15 Métis leadership, well, in all five governing

16 members is by the ballot-box system, one person one

17 vote, so it's very democratic.

18 So the trappings of government are there, and

19 it's simply a matter of goodwill on the parts of

20 governments and industry to move forward and

21 initiate that dialogue. You will find community

22 leaders, local community leaders, regional

23 community leaders, and the provincial leadership.

24 It's there. It's not hidden.

25 Q. Mr. Fortna, do you want to add anything as a last

Realtime Connection [email protected] 3086

1 word?

2 A. MR. FORTNA: No, I think Clem had it

3 covered there. It's not that hard. It's not

4 nearly as hard as different people are trying to

5 make it.

6 MR. PERKINS: All right, thank you,

7 gentlemen, those are my questions.

8 Thank you, Mr. Chairman.

9 THE CHAIRMAN: Thank you.

10 Thank you, panel. We have no further

11 questions.

12 Any re-direct, Ms. Bishop?

13 MS. BISHOP: No, sir, I have no re-direct.

14 But I do have a few housekeeping issues. I

15 referred to some pages with Mr. Loutitt yesterday

16 on The Mark of the Métis. And I would like to

17 provide those pages, once I get home and I can scan

18 them properly, as separate exhibits, just because

19 they were three or four maps and I think there's

20 some difficulty getting that book on the record

21 electronically, so I just would like to take that

22 undertaking.

23 And I think I should do the same thing with

24 Ms. Hermansen's book because I'm not sure if that

25 will make its way onto the record, and I think it's

Realtime Connection [email protected] 3087

1 very important to my clients that it's on the

2 record.

3 THE CHAIRMAN: That will be fine.

4 MS. BISHOP: With respect to my other two

5 witnesses, I think given the fact that Shell do not

6 want to cross-examine on those reports and I

7 understood them to say they could just go in the

8 record as they stand, Mr. Fortna has referred to

9 them briefly in his submission, I think we'll just

10 leave it at that. So this will be the close of our

11 evidence.

12 THE CHAIRMAN: Thank you. So the panel is

13 excused.

14

15 (WITNESSES EXCUSED)

16

17 THE CHAIRMAN: Mr. Lambrecht, you'll need

18 some time to get your panel in place?

19 MS. BISHOP: Sorry, Mr. Chair, one last

20 thing. I didn't get an exhibit number for

21 Mr. Fortna's opening statement.

22 THE CHAIRMAN: 010-027.

23

24 EXHIBIT 010-027: OPENING STATEMENT OF MR. FORTNA

25

Realtime Connection [email protected] 3088

1 MR. LAMBRECHT: Yes, Mr. Dilay, five to

2 ten minutes to allow the witnesses to assemble and

3 to plug their computers into the table and just get

4 ready so that we can proceed expeditiously when we

5 reconvene.

6 THE CHAIRMAN: Sure, we'll take 10 minutes.

7 MR. LAMBRECHT: Thank you.

8

9 (A brief adjournment)

10

11 ATTORNEY GENERAL OF CANADA WITNESS PANEL, (SWORN AND/OR

12 AFFIRMED):

13

14 FISHERIES AND OCEANS CANADA (DFO):

15 BRIAN MAKOWECKI

16 MAREK JANOWICZ

17 COURT D. BERRYMAN

18

19 ENVIRONMENT CANADA (EC):

20 CHERYL BARANIECKI

21 RON BENNETT

22 BARRIE BONSAL

23 WILLIAM BOOTY

24 PATRICIA CHAMBERS

25 DAVE FOX

Realtime Connection [email protected] 3089

1 HEATHER MORRISON

2 SAMANTHA SONG

3 DOUG SPRY

4 STEPHEN VIRC

5 CORINNA WATT

6 RICHARD WIACEK

7 GREG BICKERTON

8

9 NATURAL RESOURCES CANADA (NRCAN):

10 SHELLEY BALL

11 KIM KASPERSKI

12 MIROSLAV NASTEV

13 BAOLIN WANG

14

15 TRANSPORT CANADA (TC):

16 DALE KIRKLAND

17 SHANNON VOLLEMA

18

19 THE CHAIRMAN: Go ahead, Mr. Lambrecht.

20 MR. LAMBRECHT: Mr. Chairman, I would like to

21 thank the court reporter for swearing or affirming

22 the witnesses that are assembled before you this

23 morning. And the staff of the counsel, Amanda

24 Black, for preparing the name tags. We should be

25 able to proceed expeditiously here from this point

Realtime Connection [email protected] 3090

1 forward.

2

3 MATTERS SPOKEN TO BY MR. LAMBRECHT:

4 MR. LAMBRECHT: On October 1st, the

5 Departments of Natural Resources Canada, Transport

6 Canada, the Department of Fisheries and Oceans and

7 Environment Canada, filed written evidence with the

8 Panel. These departments have expert or specialist

9 information or knowledge on scientific matters that

10 may be of assistance to the Panel. And these

11 witnesses are assembled here today to answer

12 questions about that evidence.

13 I am proposing to present them for

14 cross-examination and to abridge any direct

15 evidence except only to invite the leads of each of

16 the departments to introduce the witnesses that

17 they have assembled in their areas of expertise.

18 There are two preliminary matters that I

19 would like to address before turning the panel over

20 for cross-examination, however.

21 And the first one was the matter that you

22 raised with me this morning at the outset of our

23 proceedings.

24 The matter that you raised is that there are

25 certain media coverage that suggests that

Realtime Connection [email protected] 3091

1 information not included in the written evidence

2 filed on October 1st should come before the Panel.

3 And I've had a chance to inquire into the matter

4 and I'm about to give you some background and make

5 a proposal for how we could proceed in this regard.

6 I'd like to thank Karin Buss for making

7 available for me the abstract which I am about to

8 refer to.

9 So the media coverage that I have seen is a

10 front-page article in the Journal. It

11 also exists on an online version. And it is in the

12 online version where Dr. Schindler is quoted as

13 saying that the information that is being presented

14 elsewhere should be presented to the Panel.

15 What that relates to, as I understand it, is

16 that there is an international meeting of the

17 Society of Environmental Toxicology and Chemistry,

18 or SETAC, occurring this week, November 11th to

19 15th, in Long Beach, California.

20 The Abstract Book associated with that

21 conference, lists the presentations that are made

22 there. I have a copy of the excerpts of the

23 abstract book provided to me by Ms. Buss who

24 indicated that she wanted to question on this. And

25 I would propose that we mark one of these as an

Realtime Connection [email protected] 3092

1 exhibit.

2 What it indicates is that there are a number

3 of presentations from Environment Canada scientists

4 that are listed in the abstract book as "platform

5 abstracts." What I understand platform abstracts

6 to be, and the witnesses that are here today can

7 explain this in more detail, are brief

8 presentations about fieldwork made to other

9 scientists for the purpose of peer review in the

10 scientific community in the course of the

11 development of scientific opinion on any given

12 matter.

13 So what this appears to be, there are a

14 number of these, some of which, but not all of

15 which, are mentioned in the newspaper coverage.

16 And the abstracts give a pretty good idea of the

17 presentation that is given. I understand that the

18 presentations themselves are preliminary in nature

19 given the fact that they really present the early

20 findings of initial fieldwork of studies that may

21 be ongoing.

22 What I propose, sir, is to mark the Abstract

23 Book as an exhibit and invite questions of the

24 witness panel here relating to these matters. It

25 seems to me that the witnesses will be able to

Realtime Connection [email protected] 3093

1 answer, so far as they can, about the nature of

2 this information and we'll see where this goes.

3 So that's how I propose that we proceed in

4 this way, sir. The Panel can receive the

5 information, hear from it, we can deal with issues

6 that may arise concerning the production of these

7 documents or any other witnesses as may need be as

8 we move forward so that the Panel can certainly

9 receive the information and we can assess how best

10 to proceed in this context, as it may arise.

11 THE CHAIRMAN: Sir, it sounds like a

12 reasonable procedure to try. So let's do that.

13 And should we mark the abstracts as a package?

14 MR. LAMBRECHT: Yes.

15 THE CHAIRMAN: You refer to it as a book.

16 Can we call it that?

17 MR. LAMBRECHT: It's an excerpt of what I

18 understand to be a more complete document, I think

19 it's over 100 pages in PDF format. I have four or

20 five of them here in paper format.

21 THE CHAIRMAN: Let's mark it 005-026.

22

23 EXHIBIT 005-026: EXCERPT OF A BOOK

24

25 MR. PERKINS: And, Mr. Chairman, the

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1 Secretariat will do what it can to produce a few

2 copies of this and make that available, sir.

3 MR. LAMBRECHT: The second preliminary

4 matter, sir, relates to the composition of this

5 panel. We are producing scientists here to answer

6 questions about the scientific evidence that was

7 filed on October 1st. In e-mail communications

8 yesterday, I was informed that some of the counsel

9 representing some of the Aboriginal groups would

10 like to question other Federal witnesses, in

11 particular on issues relating to Crown

12 Consultation. Sir, the Crown is not going to

13 present these witnesses in the absence of a

14 direction from the Panel.

15 And I've invited my friends who wish to

16 advance these questions to raise this as a

17 preliminary issue, in part because one of the

18 witnesses identified as, one of the individuals

19 identified as a person of interest to be questioned

20 has had a family emergency in her family and will

21 be returning to Edmonton tomorrow.

22 So I have raised this with my friends. No

23 one's come forward by way of preliminary issue and

24 I clearly stated my position on the record, which

25 is that we are not intending to produce witnesses

Realtime Connection [email protected] 3095

1 to answer questions respecting Aboriginal

2 consultation. Firstly, we have not produced any

3 evidence in our written submissions in that regard.

4 And secondly, our position in that respect is

5 documented in the engagement that we had over the

6 Notices of Constitutional Question, which, in

7 short, is that the Panel is not going to assess the

8 adequacy of Crown Consultation here. And I do not

9 see how presenting a witness to answer questions on

10 this can go to any issue other than the assessment

11 of the adequacy of consultation, which the Panel

12 has indicated it will not engage upon.

13 Secondly, Aboriginal groups are able to

14 tender their own evidence, if they should wish,

15 regarding Aboriginal consultation, and I do not see

16 any prejudice to any of the Aboriginal parties, or

17 any limitation upon their ability to advance any

18 evidence that they may wish to this Panel at all,

19 from the position adopted by the Crown. So I just

20 wanted to state that for the record before we move

21 forward.

22 THE CHAIRMAN: Thank you, sir.

23

24 INTRODUCTION OF THE ATTORNEY GENERAL OF CANADA PANELS:

25 MR. LAMBRECHT: All right, now, by way of

Realtime Connection [email protected] 3096

1 introduction to this panel, there are four

2 departments, each of the departments has a lead.

3 And I'm going to invite each of the lead persons

4 from those departments to introduce themselves, the

5 other members of their witness group, and to

6 indicate that the information presented in the

7 evidence filed on October 1st was prepared under

8 their direction and control.

9 Perhaps I'll start with Cheryl Baraniecki

10 from Environment Canada.

11 A. MS. BARANIECKI: Good morning, Mr. Chairman,

12 Panel Members, Elders, Ladies and Gentlemen. My

13 name is Cheryl Baraniecki and I am the Regional

14 Director of the Environmental Protection Operations

15 Directorate for Environment Canada in Prairie and

16 Northern Region.

17 Our region consists of the three prairie

18 provinces, the Northwest Territories and Nunavit.

19 And for this hearing I am Environment Canada's team

20 leader. I am responsible for the overall

21 co-ordination of the Environment Canada expert

22 witnesses and will be able to speak to the broad

23 mandate roles and responsibilities of the

24 department. And I can confirm that this submission

25 was prepared under my direction.

Realtime Connection [email protected] 3097

1 We are here today to respond to questions

2 regarding Environment Canada's submission and to

3 provide information to the Panel to assist them in

4 their determination on the merits of this Project.

5 It is now my pleasure to introduce

6 Environment Canada's expert panel, and I will ask

7 each member to stand up and indicate themselves

8 during their introduction as I know we do have a

9 number of people here.

10 So to my far left is Dr. Samantha Song. She

11 is the head of the Population Assessment Unit from

12 Edmonton. And Dr. Song is here to answer questions

13 on non-game migratory birds with respect to the

14 wildlife section of our submission, and on the

15 terrestrial biodiversity and habitat disturbance

16 component of the Integrated Oilsands Biodiversity

17 Monitoring Program.

18 Seated to her right is Mr. Richard Wiacek,

19 Senior Environmental Assessment Officer from

20 Edmonton. Mr. Wiacek is here to answer technical

21 questions on species at risk and migratory birds

22 with respect to the wildlife section of our

23 submission.

24 And seated immediately to my left is

25 Mr. Stephen Virc, the Acting Manager of the

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1 National Recovery Projects from Ottawa. And

2 Mr. Virc is here to answer questions on boreal

3 woodland caribou and recovery strategy.

4 I should mention that there was an additional

5 CV that was filed on the wildlife issues within our

6 package. And that's from Mr. Ron Bennett.

7 Unfortunately he is ill this week and not available

8 and is not appearing as a witness.

9 And seated to my right is Dr. Patricia

10 Chambers. She's a research scientist from

11 Burlington and Dr. Chambers is here to answer

12 questions on the technical aspects of the aquatic

13 component of the Joint Canada-Alberta Oil Sands

14 Monitoring Program, and on the overall surface

15 water quality particularly for inorganic

16 constituents with respect to the water quality

17 section of our submission.

18 And I guess moving to the rear, is

19 Dr. William Booty, Section Head of the Integrated

20 Modelling in the National Water Research Institute

21 from Burlington. And Dr. Booty is here to answer

22 questions on water quality modelling with respect

23 to the water quality section of our submission.

24 And immediately to his left is Dr. Barrie

25 Bonsal, research scientist at the National

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1 Hydrology Research Centre from Saskatoon.

2 Dr. Bonsal is here to answer questions on the

3 climate change modelling aspects with respect to

4 the water quality section of our submission.

5 And immediately behind me is Dr. Doug Spry,

6 Manager of the National Guidelines and Standards

7 office from Ottawa. Dr. Spry is here to answer

8 questions on Chronic Effects Benchmarks, the

9 exceedances of Chronic Effects Benchmarks, the

10 mixtures of chemicals, and on aquatic toxicology in

11 general, with respect to the water quality section

12 of our submission.

13 And to his left is Mr. Greg Bickerton, Senior

14 Hydro Geologist with the National Water Research

15 Institute from Burlington. And Mr. Bickerton is

16 here to answer questions on groundwater aspects of

17 the Joint Canada-Alberta Oil Sands Monitoring

18 Program.

19 And with our air team, seated to the left of

20 Mr. Bickerton is Dr. Heather Morrison, Manager of

21 the Air Quality Research Division from Downsview.

22 And Dr. Morrison is here to answer questions with

23 respect to the air component of the Joint

24 Canada-Alberta Integrated Oilsands Monitoring Plan.

25 And seated to her left is Ms. Corrina Watt,

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1 an air pollution analyst from Edmonton. Ms. Watt

2 is also here to answer technical air quality

3 questions with respect to our submission.

4 And finally, is Mr. David Fox. David Fox is

5 an air pollution management analyst from

6 Yellowknife. And Mr. Fox is here to answer

7 technical air quality questions with respect to our

8 submission.

9 Now, I should point out that while we do have

10 12 experts here today, our submission has benefited

11 from the experts from several of the other offices

12 and research facilities from across the country.

13 And Environment Canada provides again this evidence

14 and advice to the Panel regarding the potential

15 impacts of the Project. And I would like to thank

16 the Panel for providing Environment Canada with the

17 opportunity to speak to today's proceedings and we

18 will be very happy to address any questions you may

19 have on our submission.

20 Thank you.

21 MR. LAMBRECHT: Next is Shelley Ball from

22 Natural Resources Canada.

23 MR. BALL: Good morning, Mr. Chairman,

24 Members of the Panel, Chiefs, Elders, officials of

25 Shell Canada, Ladies and Gentlemen, my name is

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1 Dr. Shelley Ball and I'm a Senior Environmental

2 Assessment Officer with Natural Resources Canada

3 from the Environmental Assessment Division with

4 Natural Resources Canada or NRCan for short.

5 For this Jackpine Mine Expansion Project

6 Review Panel Environmental Assessment, I was

7 responsible for coordinating and assembling NRCan's

8 review of the environmental impact application and

9 supplemental information as well as coordinating

10 NRCan's participation in the Panel hearing process.

11 So today we have three scientists here from

12 NRCan to answer questions regarding NRCan's written

13 evidence, and I'll ask each of our members to stand

14 up so they can be identified.

15 To my right here is Dr. Miroslav Nastev, he's

16 from the Geological Survey of Canada and is an

17 expert in hydrogeology. Dr. Nastev will be

18 available to speak to NRCan's evidence regarding

19 groundwater quantity.

20 Next is Dr. Wang behind me to my right.

21 Dr. Wang is also from the Geological Survey of

22 Canada and is a geotechnical research scientist.

23 He will be available to speak to evidence regarding

24 slope stability of mine pit and waste disposal

25 facilities.

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1 And finally, behind me and to my left is

2 Dr. Kim Kasperski. Dr. Kasperski is from NRCan's

3 CanmetENERGY lab in Devon, Alberta. She's an

4 expert in the area of oil sands tailings management

5 and process water chemistry. Dr. Kasperski will be

6 available to speak to evidence regarding tailings

7 management, process water chemistry, and VOCs or

8 Volatile Organic Compounds estimates from tailings

9 ponds.

10 And that's the team from NRCan, thank you.

11 Next is Brian Makowecki from the Department

12 of Fisheries and Oceans.

13 A. MR. MAKOWECKI: Good morning, Panel, Elders,

14 Ladies and Gentlemen. My name is Brian Makowecki.

15 I'm a District Manager for Fisheries and Oceans

16 Canada in Northern Alberta. Fisheries and Oceans

17 Canada's submission was prepared under my direction

18 and supervision.

19 Seated to my right is Mr Marek Janowicz.

20 Mr. Janowicz is the Technical Lead for Fisheries

21 and Oceans Canada's review of this Project. He's a

22 senior environmental assessment analyst.

23 Seated behind me at the end of the second row

24 is Mr. Court Berryman. Mr. Berryman is a senior

25 environmental assessment analyst and assisted in

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1 the review of this Project.

2 We are prepared to answer questions related

3 to DFO's submission on this file.

4 Thank you.

5 Q. And finally Dale Kirkland from Transport Canada.

6 A. MR. KIRKLAND: Good morning, Mr. Chairman,

7 Mr. Bolton, Mr. Cooke, Elders, Ladies and

8 Gentlemen.

9 My name is Dale Kirkland and I'm the Regional

10 Manager of Environmental Services for Transport

11 Canada in Prairie and Northern Region.

12 Seated to my immediate right is Shannon

13 Vollema, Regional Officer of the Navigable Waters

14 Protection Program in Transport Canada Prairie and

15 Northern Region as well.

16 I can further advise that Transport Canada's

17 submission to these proceedings was prepared under

18 my direction and supervision.

19 We will be happy to address any questions you

20 may have on our submission.

21 Thank you.

22 Q. Ms. Ball, was the Natural Resources Canada evidence

23 filed on October 1st prepared under your

24 supervision and control?

25 A. MS. BALL: Yes, it was.

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1 Q. And Ms. Baraniecki, was the Environment Canada

2 evidence filed on October 1st prepared under your

3 supervision and control?

4 A. MS. BARANIECKI: That's correct.

5 MR. LAMBRECHT: Mr. Dilay, I'm prepared to

6 turn the panel over for questions now.

7 THE CHAIRMAN: Thank you, sir.

8 Ms. Buss?

9 MS. BUSS: I believe my colleague

10 will be questioning.

11 THE CHAIRMAN: Ms. Gorrie.

12

13 CROSS-EXAMINATION OF THE ATTORNEY GENERAL OF CANADA

14 PANEL, BY OSEC, BY MS. GORRIE:

15 MS. GORRIE: Good morning, Mr. Dilay. We would

16 just ask that we have a minute to get ready and

17 prepare here.

18 THE CHAIRMAN: Sure.

19 MS. GORRIE: Hi, Mr. Chairman. I'm just

20 cognizant of the time. It's a quarter to 12:00. I

21 was just wondering when would be an appropriate

22 time to break for lunch?

23 THE CHAIRMAN: Well, I think we have some

24 flexibility, so if you find a natural break in your

25 lines, 12:00 or 12:15, in that order of things,

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1 that would be good.

2 MS. GORRIE: That sounds good, thank you.

3 Q. Good morning, panel. My name is Melissa Gorrie and

4 I'm with the Oil Sands Environmental Coalition

5 along with my co-counsel, Karin Buss. I will be

6 asking questions relating to terrestrial impacts

7 and climate change. And then she'll be asking on

8 the other areas that you raised in your October 1st

9 submission.

10 So first off, I'll ask a general question,

11 but have members of panel reviewed EIAs that have

12 been prepared for other oil sands projects on the

13 issue of wildlife?

14 A. MR. WIACEK: Yes, I have.

15 Q. And are you familiar with the Kearl EIA 2005?

16 A. Yes, I am, in a general sense. I was not involved

17 in the review of that project, though.

18 Q. I have with me just an excerpt from the Kearl oil

19 sands EIA, but it's not an exhibit at the moment,

20 but I would like to pass it out. Now, Mr. Wiacek,

21 am I pronouncing that correctly?

22 A. That's correct.

23 Q. Okay, good. I just had a quick question about this

24 EIA. If I could ask you to turn to page 5-71.

25 A. Okay.

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1 Q. And you'll note here that it says, it's underneath

2 this nice little table, it says, "For Project Case

3 (2041)", and it just says there that:

4

5 "... a significant reduction

6 of 4,256 HUs", which is

7 "(25.5 percent), is predicted for

8 moose winter habitat, with the

9 majority of this reduction in

10 moderate quality habitat."

11

12 That's correct?

13 A. That's correct.

14 Q. That's what it says.

15 And then if I could ask you to turn to

16 page 5-74, which would be the next page in your

17 copy. And again under the table, is it correct

18 that it states there:

19

20 "For Project Case (2041), a

21 significant reduction of 2,612 HUs,

22 (-20.5 percent), is predicted for

23 black bear fall habitat, with the

24 majority of this reduction in

25 moderate- and low-quality habitat."

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1

2 Is that correct?

3 A. That's correct.

4 Q. Thank you. And then just one last final question.

5 Page 5-77. And the paragraph above that table,

6 again, it starts:

7

8 "For Project Case (2041), a

9 significant reduction of 5,221 HUs,

10 (-25.8 percent) of snowshoe hare

11 winter habitat is predicted."

12

13 Correct?

14 A. Correct.

15 MS. GORRIE: Those are all my questions on

16 this document. I suggest that it be marked as an

17 exhibit.

18 THE CHAIRMAN: 017-039.

19

20 EXHIBIT 017-039: DOCUMENT ENTITLED SECTION:

21 LAND OVERVIEW, SUBSECTION 1.0: INTRODUCTION

22

23 MR. LAMBRECHT: Sir, I'm not sure how this is

24 at all relevant. I'm not sure how this is at all

25 relevant to the proceedings. I've given my friend

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1 some latitude, but I thought after reading what the

2 document says into the record, she might actually

3 ask some questions to show how this relates to the

4 Shell Jackpine Mine Expansion Project which this

5 Panel is considering, and I would invite her to do

6 so.

7 MS. GORRIE: I would submit that it is

8 relevant because we're talking about significant

9 impacts and I wanted to raise the issue of what has

10 been done in past EIAs in terms of assessing

11 significant impacts.

12 Q. And to follow up on that, my question would be: So

13 then your understanding is that in this case,

14 anything below 20 percent loss of habitat was

15 considered significant; would that be correct,

16 Mr. Wiacek?

17 A. It's very difficult for me to actually comment on

18 that, having not seen how significance was defined

19 in the Environmental Assessment, so I'm afraid I

20 can't make any comments.

21 Q. Well, it speaks of significant reduction in habitat

22 units, HUs, that's correct, is that what HU stands

23 for?

24 A. HUs is habitat units, so it's a measurement that

25 equates to the amount of habitat multiplied by the

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1 quality of habitat, I believe, so it's a different

2 measure that was actually used in the Shell

3 Jackpine Project. So it's very difficult to

4 actually equate this information to what's being

5 done in the Shell Jackpine Project.

6 Q. And then I would just ask that you could confirm

7 that in this EIA, they considered impacts to

8 moderate and low quality habitat as part of their

9 assessment, correct, not just high quality?

10 A. Well, again, that's what they state in these

11 sentences, but having not reviewed their assessment

12 criteria, I can't comment on that any further.

13 Q. Okay. Fair enough.

14 THE CHAIRMAN: Ms. Gorrie, apparently the

15 number should be 039.

16 MS. GORRIE: 039.

17 Q. Now, Shell cites a couple of articles, in

18 particular Swift and Hannon 2010, and that's et al

19 2007, in support of the concept of critical

20 thresholds with that threshold being reached at 70

21 to 90 percent habitat loss.

22 Now, a critical threshold is a threshold that

23 if exceeded would likely lead to drastic declines

24 and potential extinction of a species; isn't that

25 correct?

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1 MR. LAMBRECHT: I hate to interrupt my friend

2 in the flow of her questioning, but it might be

3 helpful if she at least pinpointed where this

4 information that she cites to Shell's EIA is

5 located.

6 MS. GORRIE: Sure. I can do that.

7 Q. They refer to Betts and Swift and Hannon in their

8 May 2012 SIR. And that's Exhibit 001-051E. And at

9 page 3-23 it's the second-last paragraph.

10 A. MS. BARANIECKI: I'll just take a moment to

11 pull that up.

12 Q. I have a copy with me if that would be more

13 efficient?

14 A. MR. WIACEK: That would be more helpful.

15 Q. So I won't read out the paragraph. Obviously you

16 can orientate yourself to what I'm referring to.

17 It's the paragraph that starts "While thresholds

18 have not been defined at this time...".

19 A. I'm familiar with this paragraph.

20 Q. Okay. And you're familiar with the studies that

21 are cited, the Betts and Swift and Hannon?

22 A. That's correct.

23 Q. So to get back to my original question about

24 critical thresholds. So is it correct that a

25 threshold that if exceeded would likely lead to

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1 drastic declines and the potential extinction of a

2 species?

3 A. I'll start off answering this question and then

4 I'll pass it on to Dr. Samantha Song to add some of

5 her thoughts to it.

6 Critical threshold is essentially, in the

7 literature, is defined as a change in the

8 population in a population trajectory. For

9 example, you could have a population that's

10 decreasing and at some point of habitat loss, for

11 example we call it a break point, that rate of

12 decline will increase and the species may head

13 towards extirpation at a quicker rate.

14 Now, from EC's perspective, we need to be

15 extremely cautious in terms of how we use these

16 critical thresholds, and there's a number of

17 reasons for that.

18 One, these critical thresholds may not occur

19 in all species.

20 Two, critical thresholds may vary between

21 species. And they may vary actually within a

22 species, depending on the study area.

23 Three, critical thresholds can vary depending

24 on the scale of the study and also the landscape

25 that the study is done in.

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1 And critical thresholds can also vary with

2 the type of analysis that's done. So physical

3 analysis that's done.

4 So there's a lot of uncertainty in terms of

5 what the actual critical thresholds are for species

6 and whether or not they do exist for some species.

7 And there's some studies that have shown

8 thresholds that are much higher, for example 20 to

9 40 percent habitat loss that may cause a change in

10 a population trajectory.

11 So there's a lot of uncertainty around

12 thresholds, so we would caution the Panel in terms

13 of how they use those thresholds.

14 Q. And you mentioned uncertainty with respect to the

15 issue of critical thresholds. Would you agree that

16 using such a threshold is not precautionary?

17 A. That's correct.

18 Q. Now, you'd agree that one of the goals of the

19 Canadian Environmental Assessment assessment

20 process is to ensure that renewable resources like

21 wildlife are secure for future generations, would

22 you not?

23 A. Yes, I would agree to that.

24 Q. And you'd agree that one of the purposes of CEAA's

25 assessment or, sorry, Canadian Environmental

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1 Assessment Act assessments is to identify impacts

2 so that they can be avoided?

3 A. The purpose of CEAA is to identify the significance

4 of effects and to apply appropriate mitigation to

5 ensure there are not significant adverse effects.

6 Q. It's also -- part of its purpose is to protect the

7 environment from significant adverse effects, are

8 they not, is it not? And I can refer you to

9 Section 4 sub (a) of the Act.

10 MR. LAMBRECHT: Well, I am going to object.

11 I mean, the purposes of the statute set out in the

12 purposes section of the statute, are the purposes

13 of the statute stated therein. And you can read

14 the statute and everybody can see it. To ask a

15 witness to adopt those as fact is really not of any

16 value to the Panel. And I suggest to my friend

17 that she move to the point of the questioning

18 rather than get entangled in these preliminaries

19 which really won't give the Panel any additional

20 evidence of value.

21 MS. GORRIE: Well, my point simply is the

22 discussion of what is required in assessments,

23 which is the topic at hand here, is what is

24 involved in assessing a project. And as CEAA is

25 one of the governing pieces of legislation, it was

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1 just a question about assessments under that Act.

2 And I thought it was a simple question.

3 Q. It's just whether assessments are intended to

4 protect the environment from significant adverse

5 effects? My simple question.

6 A. MS. BARANIECKI: So, yes, that is correct. It

7 is outlined under Section 4 of the Act. It states

8 the various purposes of the Act.

9 Q. Okay, thank you. So given that the assessments are

10 intended to protect the environment, including

11 wildlife, would it not be fair to say that it needs

12 to then protect wildlife from heading to the brink

13 of extirpation or extreme population declines?

14 A. We just need a moment to confer here, please.

15 So just to answer that, I mean, generally the

16 principles of purposes, they are outlined again

17 under Section 4 of the Canadian Environmental

18 Assessment Act. And it describes the various

19 purposes of the Act in a, you know, a general

20 high-level context.

21 It also, under Section 5, describes the

22 environmental effects that are assessed. And, for

23 instance, it does reference migratory birds and

24 species at risk. And I'm not going to go through

25 the Act here. I'm assuming that's satisfactory.

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1 But also, there's other legislation such as

2 the Species at Risk Act that is very specific to

3 managing those issues and addressing those issues.

4 Q. You mentioned the Species at Risk Act and I would

5 like to touch on that a bit more later, but just to

6 follow up while we're on this question.

7 Would you agree that the Species at Risk Act

8 then would have an intent to protect wildlife from

9 the brink of extinction or extreme population

10 declines?

11 A. That is the Act's stated objective, yes.

12 Q. Thank you.

13 MS. GORRIE: Mr. Chairman, I have one

14 further line of questioning that I think should be

15 quite brief, so I'll go through that and then

16 suggest a break for lunch.

17 THE CHAIRMAN: Sure.

18 MS. GORRIE: Okay.

19 Q. I have a few questions for Dr. Song. You were a

20 panel witness at the Total Joslyn mine hearing;

21 correct?

22 A. MS. SONG: Yes, that's correct.

23 Q. Now, during that hearing you acknowledged that the

24 Terrestrial Ecological Management Framework or TEMF

25 was a valuable tool, did you not?

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1 A. Yes.

2 Q. And you also stated that it is a sound framework

3 for moving forward?

4 A. I think it's a good starting point, yes.

5 Q. And during the Total hearing, you also indicated

6 that you had some concerns about setting the

7 management trigger at 10 percent below the Natural

8 Range of Variation, in particular that by setting

9 the bound 10 percent below, you were delaying the

10 management response; is that correct?

11 A. Yes. I mean, the Natural Range of Variation, using

12 that as a tool, the idea is when you don't know

13 exactly what the thresholds are for a population or

14 a series of populations, that we can look back in

15 the history of how those species have responded to

16 the various stressors in their environment. And so

17 we use those bounds as kind of our best guess at

18 what stresses, future stresses they can withstand.

19 So the idea is that you maintain that

20 population within that range and you maintain the

21 amplitude. And as soon as it gets down to the

22 bottom, you're like, okay, this population may be

23 in trouble. And there's a trigger and you start to

24 look at your actions. And in some cases before you

25 get to that point.

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1 Q. So would you agree that it can be risky to delay

2 taking management actions until a species is below

3 it's 10 percent Natural Range of Variation?

4 A. Yes, that was the concern that we expressed in

5 response to the TEMF.

6 Q. And it would be risky in terms of preserving viable

7 population levels?

8 A. It's a risk, yes.

9 Q. And then back to your submissions at the Total

10 hearing. You stated that when dealing with species

11 at risk the risk tolerance is very, very low, did

12 you not? And I can take you to the piece if you

13 need.

14 A. Yes, I'm sorry, I don't recall whether that was my

15 colleague or myself, but it's quite possible I said

16 that. It sounds very logical.

17 Q. You already have the transcript excerpt. It's the

18 second-last page in the pamphlet. So it's

19 page 2207. It's the second page of that. It kind

20 of flows on to another. And it starts at line 20:

21 "Yes, I would agree that given these are dynamic

22 populations...".

23 A. Yes.

24 Q. Have you found that?

25 A. Yes.

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1 Q. Okay. So it's just this paragraph here, it says:

2

3 "Yes, I would agree that

4 given these are dynamic

5 populations, but being reminded

6 there's a caveat related to species

7 at risk where our risk tolerance is

8 just very, very low."

9

10 A. Yes.

11 Q. Okay. And, Mr. Chairman, I have multiple copies of

12 this. I'm sorry I didn't pass it out beforehand.

13 I can pass out copies or I can just ask to mark

14 this as an exhibit.

15 MR. LAMBRECHT: The witness has adopted the

16 evidence. I'm not sure that I understand why the

17 document would be tendered as an exhibit. It was

18 used as an aide-memoire to remind the witness of

19 prior testimony in order to assist in eliciting an

20 opinion in respect of that matter on this Project.

21 I have no objection. But I don't see the utility

22 in it.

23 MS. GORRIE: Fair enough.

24 THE CHAIRMAN: We have been marking aids to

25 cross-examination for identification. So I'll mark

Realtime Connection [email protected] 3119

1 this one 017-040.

2

3 EXHIBIT 017-040: EXCERPT OF EVIDENCE FROM JOSLYN

4 NORTH MINE PROJECT, OCTOBER 7, 2010 TRANSCRIPT

5

6 Q. MS. GORRIE: So talking about the species

7 at risk, for those species, would you agree that

8 you need to be very conservative or precautionary

9 when assessing risk or determining impacts to them?

10 A. MR. WIACEK: That's correct.

11 Q. And for those species, even a small amount of

12 habitat loss could result in significant impacts;

13 is that correct?

14 A. The determination of significance is the Panel's

15 responsibility, so we can't comment on whether or

16 not it would be significant. What I'd like to

17 mention, though, is under SARA Section 79-2,

18 there's a requirement to avoid and lessen effects

19 on species at risk. And we have identified that in

20 our submission.

21 Q. You're actually getting ahead of me. I have some

22 questions on that later on. Thank you.

23 You mentioned it's the Panel's duty to

24 determine significance for this Project. In your

25 professional opinion, though, could even a small

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1 amount of habitat loss result in significant

2 impacts?

3 A. Well, you'd have to be specific about the species,

4 so what species are you referring to?

5 Q. Species at risk in general. And I said not for all

6 species, but that it could result in significant

7 impacts for some species at risk, is that a fair?

8 A. Depending on the species, it could. Again, our

9 objective is to avoid and lessen effects on species

10 at risk.

11 Q. Okay, thank you.

12 MS. GORRIE: Mr. Chairman, I think it

13 probably makes sense, if it's all right with you,

14 to take a lunch break now.

15 THE CHAIRMAN: It would. And we'll resume

16 at 1:10 p.m.

17

18 (The Luncheon Adjournment)

19 (Proceedings adjourned at 12:10 p.m.)

20 (Proceedings reconvened at 1:10 p.m.)

21

22 SCHEDULING MATTERS SPOKEN TO:

23 THE CHAIRMAN: Good afternoon, everyone. I

24 just want to speak briefly to the schedule.

25 On Friday, we have a constraint such that we

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1 can only sit until 1:00 p.m. and we'll do that

2 without a lunch break; we'll just carry on through

3 until 1:00 p.m. with suitable breaks for the

4 reporter.

5 And on our best estimates, and subject to

6 finishing the evidence, we plan to have final

7 argument commence on Wednesday of next week in

8 Edmonton. You recall in my opening remarks I

9 talked about the fact that we didn't have a venue

10 here in Fort McMurray and we have arranged for a

11 venue in Edmonton. And I don't know if I can add

12 to that detail. We'll take a reading later on this

13 afternoon about as to where we are with Canada's

14 panel and determine if we need to sit this evening.

15 And, of course, that would need to be with the

16 agreement of the parties.

17 So are there any questions about that?

18 MR. LAMBRECHT: Is there any flexibility in

19 the Wednesday date, sir, that it could be moved up

20 to Tuesday or Monday? I have another regulatory

21 hearing that I need to attend I believe beginning

22 on the Thursday or the Friday, the 22nd or 23rd.

23 And while I could do Wednesday, it would facilitate

24 my travel if we could hear final argument a day

25 earlier, even. If there's no flexibility, I

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1 understand that there might be some constraint in

2 that.

3 THE CHAIRMAN: Well, there is flexibility,

4 sir. We thought of Wednesday because it would give

5 parties that much more time to prepare.

6 MR. LAMBRECHT: Indeed.

7 THE CHAIRMAN: The panel itself is prepared

8 to commence final argument on the Tuesday.

9 MR. LAMBRECHT: All right, I'll speak with my

10 friends and see if any accommodations can be

11 reached.

12 THE CHAIRMAN: Thank you.

13 MR. DENSTEDT: Mr. Chairman, just for the

14 information for Panel, we will have a very small

15 rebuttal panel, it shouldn't be more than

16 60 minutes is my guess. And it's limited to a few

17 issues. And in respect of final argument, Tuesday

18 would be useful for us as well because we have a

19 dramatic loss of support starting Wednesday.

20 THE CHAIRMAN: That's helpful.

21 Mr. Perkins?

22 MR. PERKINS: Mr. Chairman, I know

23 Mr. Lambrecht indicated he would talk to other

24 counsel, and maybe in the discussion another matter

25 he could canvass is some time ago, so obviously on

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1 a very preliminary basis, there was a suggestion

2 from the collective of counsel that argument may be

3 a two-day affair, and so if people have constraints

4 later in the week, I think that should probably be

5 addressed as well.

6 THE CHAIRMAN: And thanks for that,

7 Mr. Perkins. We were factoring into that the

8 earlier remarks from counsel that we're probably

9 looking at something in the range of two days.

10 Well, we'll leave it at that for now and

11 we'll see if there are other comments later.

12 Would you like to continue, Mr. Lambrecht?

13 Sorry, Ms. Gorrie. I beg your pardon.

14

15 CROSS-EXAMINATION OF THE ATTORNEY GENERAL OF CANADA

16 PANEL, BY OSEC, BY MS. GORRIE (CONTINUING):

17 Q. MS. GORRIE: So continuing on from this

18 morning, I'm going to be making some references to

19 your October 1st submission which was the

20 Exhibit 005-020. In your October 1st submission,

21 you state that:

22

23 "... reclamation has several

24 limitations that reduce its

25 effectiveness in mitigating the

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1 JPME Project effects on species at

2 risk and migratory bird habitat."

3

4 And my question to the panel is what are

5 those limitations?

6 A. MR. WIACEK: Those limitations are clearly

7 outlined in our submission. As acknowledged by

8 Shell, reclamation of peatlands is not currently

9 possible in the Oil Sands Region. So there may be

10 a permanent loss of habitat for peatland-dependent

11 species or species that use peatland habitats.

12 Another issue with reclamation is that for

13 upland habitats, it will take a considerable time

14 for old-growth habitats to reclaim and possibly be

15 functional for a number of species at risk and

16 migratory birds, so there's certainly a long time

17 lag for reclamation to occur for those species.

18 And there's also a great deal of uncertainty

19 regarding reclamation in terms of whether or not

20 certain species, including species at risk, will

21 recolonize some of those habitats in the long-term;

22 right now, we don't have any evidence to suggest

23 that that will occur.

24 There are some, there is some evidence that

25 reclaimed habitats are on a different trajectory,

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1 particularly reclamation on tailings sand, that

2 they may move towards novel ecosystems or ecosite

3 phases which we have no information on yet.

4 So there's a great deal of uncertainty in

5 terms of how successful reclamation will be in the

6 long-term.

7 Now, we certainly do recognize that

8 reclamation is important in terms of maintaining or

9 creating some sort of habitat on the landscape, but

10 in terms of how functional it will be is still to

11 be determined.

12 Q. Now, in your submissions, you state that:

13

14 "Shell Canada predicts

15 continued negative and high

16 magnitude effects and subsequent

17 high environmental consequence,

18 within the LSA for a number of

19 species at risk, as well as the

20 Black-throated Green Warbler,

21 following reclamation."

22

23 And my question to the panel, and perhaps

24 Mr. Wiacek would be the one to answer this it

25 seems, but is your professional opinion that the

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1 impacts on those species in the LSA are significant

2 even after mitigation is applied?

3 A. I certainly agree that the effects have a high

4 negative environmental consequence in the Local

5 Study Area in terms of whether they are

6 significant, that's up to the Panel to determine.

7 But the effects certainly are negative and of high

8 magnitude in the Local Study Area.

9 Q. And you'd agree that mining the LSA is incompatible

10 with preserving habitat for species at risk?

11 A. Mining the area will remove habitat for species at

12 risk and it is uncertain whether that habitat will

13 be reclaimed.

14 Q. Now, it's my understanding that one of the reasons

15 that the species are species at risk is that they

16 are already limited, their habitat is already

17 limited within Canada and particularly often within

18 north-eastern Alberta; is that fair to say?

19 A. In general, that would be fair to say. Species at

20 risk are affected by a number of threats across

21 their range, including on the breeding grounds as

22 well as the migration routes and on their wintering

23 grounds. So there's a variety of threats that are

24 affecting species at risk.

25 Q. And loss of habitat would be one of them?

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1 A. Certainly loss of habitat would be one of them,

2 yes.

3 Q. And, again, from your submission, it's page 22,

4 I'll read it out. If you afterwards feel the need

5 to look at it, that's fine. But you just state:

6

7 "Because peatlands cannot be

8 reclaimed or will be limited in

9 extent, the reclaimed landscape

10 will shift from a lowland dominated

11 ecosystem prior to development to

12 an upland dominated ecosystem

13 following closure, resulting in a

14 shift in the wildlife community."

15

16 And my question is about that last part, what

17 do you mean by "a shift in the wildlife community"?

18 A. The wildlife community in the reclaimed landscape

19 will be dominated by species that use upland

20 habitats as opposed to lowland habitats, so you'll

21 have a shift in the community of species that occur

22 within the project footprint area.

23 Q. So does that mean that the reclaimed landscape

24 won't provide suitable habitat for species that it

25 once did?

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1 A. That's correct, particularly for species that use

2 peatland habitats and wetland habitats in general.

3 There'll be considerably less wetland habitat on

4 the lease area following reclamation.

5 Q. In the same area there, you then go on to say that:

6 "In addition to this shift...", referring to the

7 wildlife community shift:

8

9 "... the upland vegetation

10 community..."

11

12 "... have relatively low

13 biodiversity potential and support

14 relatively few migratory bird

15 species."

16

17 Could I ask you just to elaborate on what you

18 mean by that in reference to the low biodiversity

19 potential?

20 A. That's in reference to some of the analysis that

21 Shell has done. They've evaluated biodiversity

22 potential for each of the ecosite phases. And the

23 dominant ecosite phases on the reclaimed landscape,

24 according to the tables and analysis that Shell has

25 provided, are black spruce and jackpine habitats.

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1 And according to Shell's analysis, they have low

2 biodiversity potential and considerably much lower

3 than the wetland habitats that were there

4 previously.

5 Q. So would it be fair to say that the reclaimed

6 landscape will support a lower level of

7 biodiversity comparative to pre-development

8 landscape?

9 A. I think that's fair to say. The shift in the

10 landscape and the dominance of the black spruce and

11 jackpine habitats, which have generally a much

12 lower biodiversity.

13 Q. And Canada's a signatory to the 1992 United Nations

14 Convention on Biological Diversity; is that right?

15 A. I believe so. Unfortunately Ron Bennett, who was

16 to be answering those questions, isn't here today,

17 but to my knowledge, that's correct.

18 Q. So is there anyone else on the panel that's able to

19 speak to Canada's commitments?

20 A. MS. BARANIECKI: We may have to undertake,

21 but.

22 Q. Well, we'll see how it goes.

23 A. Okay.

24 Q. And so signatories to that convention affirmed that

25 States are responsible for conserving their

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1 biological diversity and using their biological

2 resources in a sustainable manner. Is that

3 correct?

4 A. I think subject to check, we'd have to verify that

5 document.

6 Q. Okay, sure. Fair enough. And the federal species

7 at risk was enacted in part to satisfy Canada's

8 obligations under that convention, was it not?

9 MR. LAMBRECHT: Just before we go on, I would

10 like to adopt a technique that was used by

11 Mr. Denstedt during examination of the Shell panel,

12 and that is to make sure that I understand if an

13 undertaking has been given, before we move on in

14 the examination so that it's clear on the

15 transcript and the record, that this is so. I

16 heard a witness just a moment ago say "subject to

17 checking" and I didn't hear the word "undertaking,"

18 and so I didn't want to leave it vague or embark

19 upon this line of questioning without at least

20 seeking clarification as to whether it's my

21 friend's intent to request an undertaking or to

22 proceed on and request undertakings in future, if

23 need be.

24 MS. GORRIE: I think it was subject to

25 check. So I was happy to leave it at that.

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1 MR. LAMBRECHT: Does that mean in your view

2 that there's an undertaking to check?

3 MS. GORRIE: My understanding is that

4 Ms. Baraniecki would accept that to be the answer,

5 except if she were to go back and check and find

6 that that is not in fact correct, then she could

7 come back.

8 MR. LAMBRECHT: So on re-examination, if it's

9 not already done, I'll just sweep up all of these

10 subject to checks to make sure that that loop is

11 closed. Thank you.

12 THE CHAIRMAN: Thank you.

13 MS. GORRIE: Sorry, and I'll repeat my

14 last question for you.

15 Q. The Federal Species at Risk was enacted in part to

16 satisfy Canada's obligations under that convention,

17 was it not?

18 A. Sorry, I do not know the answer to that question.

19 Q. Okay. I guess -- could I ask for an undertaking,

20 then, to confirm whether that is, in fact, the

21 case?

22 A. Certainly. We can do that.

23 MR. LAMBRECHT: And for clarity, could you

24 just confirm what it is again that you would like

25 to have confirmed.

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1 MS. GORRIE: To confirm that the Federal

2 Species at Risk Act was enacted in part to satisfy

3 Canada's obligations under the UN Convention on

4 Biological Diversity.

5 A. I think this will be a quick response, because we

6 actually did just verify with the text of the Act

7 here in front of you.

8 Q. So you can verify that's correct for me?

9 A. Yes, it's in the preamble of the Act.

10 Q. I guess we don't need that undertaking. Thank you

11 for that quick check.

12 So in fact the preamble to the Species at

13 Risk Act, you said you have it before you right

14 now, states that the Government of Canada is

15 committed to conserving biological diversity;

16 correct?

17 A. That's correct.

18 Q. Now, referring to your submissions, maybe it's best

19 if I actually take you to that page just so that

20 you're clear. It's page 23.

21 A. MR. WIACEK: Okay.

22 Q. It says:

23

24 "... additional measures are

25 required to mitigate the permanent

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1 or long-term effects of the JPME

2 Project on habitat loss for species

3 at risk and migratory birds."

4

5 And so my question about this provision here

6 is, and it's probably again for Mr. Wiacek, is it

7 your professional opinion that the mitigation

8 proffered by Shell will be insufficient to mitigate

9 the permanent or long-term effects of the Project

10 on species at risk and migratory birds?

11 A. Those are our conclusions within our submission.

12 There's insufficient mitigation to avoid and lessen

13 effects on species at risk and therefore our

14 recommendation is for additional mitigation. That

15 follows a mitigation hierarchy. Our preference is

16 definitely avoidance of effects first, followed by

17 minimization of effects.

18 Q. Okay. Now, on the topic of mitigation measures to

19 mitigate loss of habitat. Now, Environment Canada

20 recently created an operational framework for the

21 use of conservation allowances; correct?

22 A. MS. BARANIECKI: Yes, that is correct.

23 Q. Could you explain what is meant by "conservation

24 allowance"?

25 A. MR. WIACEK: A conservation allowance is

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1 it's similar to the term "conservation offset," so

2 it is, for example, it could be a parcel of land

3 that's identified that has equal or greater value

4 to the area that is disturbed and is put aside as a

5 conservation allowance or a conservation offset.

6 Q. And so you'd agree that offsets can be an important

7 part of mitigating terrestrial impacts?

8 A. Conservation allowances are a tool within the

9 mitigation hierarchy. Again, our preference is for

10 avoidance and minimization of effects. And

11 conservation allowances could be considered as a

12 last resort, but certainly our preference is for

13 avoidance and minimization of effects.

14 Q. So in terms of using allowances or offsets, I'll

15 use the term interchangeably, would you agree that

16 in terms -- so I understand you want to avoid or

17 minimize effects, but if it's known that a project

18 is going to cause effects would you agree that

19 offsets would be particularly relevant or important

20 when dealing with impacts that are long-term such

21 as loss of old-growth forest, or in cases where

22 it's irreversible loss such as the loss of

23 peatlands?

24 A. MS. BARANIECKI: So, yes, that's correct. The

25 conservation allowance is, as Mr. Wiacek had

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1 stated, it is another tool in that toolbox, if you

2 will, for mitigation. So it is something that

3 could be considered to enable the mitigation for

4 any residual losses of habitat.

5 Q. It could be considered but would you agree that it

6 would be particularly important or relevant in

7 cases when you're dealing with long-term or

8 irreversible loss?

9 A. Again, these are the considerations you have to

10 look at each case by case, and determine whether or

11 not the allowance would be an appropriate tool or

12 an appropriate mechanism for that type of

13 mitigation. But it is one of the options that's

14 available.

15 Q. Okay, so, for example, if you're talking about loss

16 of peatlands, maybe Mr. Wiacek could answer me,

17 talking about loss of peatlands which is currently

18 irreversible loss we can't reclaim, would offsets

19 not be a particularly important aspect of

20 mitigation in that case?

21 A. They certainly could be considered. Of course

22 there's a number of criteria that would have to be

23 evaluated when looking at an offset in terms of

24 location, the equivalency, and so forth. So there

25 are definitely a number of criteria that have to be

Realtime Connection [email protected] 3136

1 considered. And again, in terms of, for example,

2 loss of peatlands, our preference is to look at

3 other options first, whether the effects can be

4 avoided. For example, the drawdown effects on the

5 lenticular fen, which is a very unique fen within

6 the Regional Study Area. Shell indicates that

7 that's the only example of that fen within their

8 Regional Study Area. It has high biodiversity

9 value. It may support a number of species at risk.

10 There's a number of rare plants that occur on that

11 site. And Shell has identified it as a special

12 plant community and it's been identified as a

13 special plant community in other environmental

14 assessments, in particularly the Kearl

15 Environmental Assessment.

16 So we would first prefer that other measures

17 be used to mitigate effects on important habitats.

18 Q. And I understand that. But in this particular

19 case, we know that there's going to be significant

20 loss of wetlands, peatlands, particularly in the

21 LSA, and also there'll be some loss within the RSA

22 of peatlands, that's the plan, that's what Shell

23 has put forward. So in this case where you know

24 there's going to be loss of peatlands, would you

25 not agree that using offsets would be a

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1 particularly important or valuable tool for

2 mitigation?

3 A. MS. BARANIECKI: So, Mr. Chairman, just to

4 confirm. So I think what we're saying here, as

5 outlined within recommendation number 1, based on

6 our submission and based on the evidence provided

7 within the analysis, that there are a number of

8 tools that are available. So, again, the

9 conservation allowance is certainly one tool that

10 could be considered and could be suitable within

11 that suite.

12 Q. Okay. Now, would you agree that this is an

13 appropriate project for conservation offsets? I

14 know you said that there's a bunch of tools in the

15 toolbox, but is this Project, in particular, would

16 it be appropriate to use conservation offsets?

17 A. I would agree that's what we're saying within our

18 recommendation that that would be an appropriate

19 tool that could be considered.

20 Q. And in order for those offsets to be effective,

21 would you agree that they should be within the

22 Regional Municipality of Wood Buffalo?

23 A. I think at this point, that's where referring back

24 to the operational framework would then provide

25 that guidance. So If Shell were to consider the

Realtime Connection [email protected] 3138

1 use of a conservation allowance, the operational

2 framework then provides that guidance of those

3 elements that could be considered and obviously the

4 location is one of the items that's indicated. I

5 mean, for the effectiveness of a conservation

6 allowance, it needs to be, you know, relative to

7 the habitat that we're trying to look at.

8 Q. So would that be "yes," then?

9 A. Yes.

10 Q. And I also note, speaking about the document, the

11 Conservation Allowance Framework, on page 8, you

12 state that conservation allowance could:

13

14 "... be a condition within a

15 Decision Statement issued under

16 CEAA 2012."

17

18 Would you recommend as Environment Canada or

19 as the Government of Canada that this Project be a

20 case where a condition is placed within the

21 Decision Statement for the use of conservation

22 allowances?

23 A. So at this point in time, it would be very

24 premature to even speculate on that point. The

25 purpose of our evidence and our testimony here,

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1 Panel Members, is to provide you with this

2 information. And at this point, it would be

3 premature to comment on and speculate what would be

4 in the Decision Statement issued by the Government

5 of Canada, as obviously we would first need to see

6 the report and recommendations from the Panel.

7 Q. But Environment Canada can make recommendations to

8 the Panel; correct?

9 A. Yes, Environment Canada has made a number of

10 recommendations throughout our submission.

11 Q. But you're saying it's premature to make a

12 recommendation in relation to offsets?

13 A. It's premature to make a recommend at this point in

14 time with respect to what may or may not be in the

15 Decision Statement, because that follows up after

16 the JRP has issued their report.

17 Q. Okay. Now turning to the issue of migratory birds.

18 And again this is a general question to the panel.

19 Would it be fair to say that Environment Canada is

20 concerned that the Project could cause impacts on

21 migratory bird species?

22 A. I think Dr. Song will be answering that.

23 A. MS. SONG: Yes.

24 Q. And there's currently no process available that you

25 are aware of that can completely prevent impacts to

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1 migratory birds caused by tailings ponds or

2 process-affected water during severe weather, is

3 there?

4 A. MR. WIACEK: There have been a number of

5 incidents of migratory birds landing in tailings

6 ponds during adverse weather conditions. So there

7 are certainly deficiencies with, or limitations

8 with the deterrent systems at those times.

9 Q. So then I'll just ask again. So then you're not

10 aware of any process that can completely prevent

11 impacts in those cases to migratory birds?

12 A. That's correct.

13 Q. Okay, thank you. Now, I also note in your

14 submissions from October 1st that you state that

15 there has only been one year of standardized data

16 collection regarding mortality of birds that landed

17 on process affected ponds. So would it be accurate

18 to say that little is currently known about the

19 impacts of landing on tailings on birds?

20 A. That's correct. I believe one of the

21 recommendations out of Colleen Cassady St. Clair's

22 2011 Report was to do some additional research on

23 the actual mortality rate. It's unclear really how

24 many birds do perish on the ponds.

25 Q. Okay.

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1 THE CHAIRMAN: Ms. Gorrie, sorry to

2 interrupt, could I ask you to try to speak a little

3 more slowly.

4 MS. GORRIE: Okay.

5 Q. And you also mention the off-site mortality. And

6 I'm just wondering, could you explain a little bit

7 more what you mean when you talk about "off-site

8 mortality"?

9 A. That refers to when birds may contact bitumen on a

10 tailings pond, but fly away. And because of that

11 contact, they may perish elsewhere. We have no

12 information on the rate or rate of mortality or how

13 much mortality there would be from that and whether

14 there would be any mortality from that.

15 Q. So it hasn't been investigated or looked into yet?

16 A. To my knowledge, no.

17 Q. Okay. And the Government of Canada has

18 international and federal commitments to protect

19 migratory birds, does it not?

20 A. That's correct. Under the Migratory Birds

21 Convention Act and regulations.

22 Q. And does Environment Canada have any concerns about

23 this Project frustrating the government's ability

24 to meet its commitments to protect migratory birds

25 and their habitat?

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1 A. MS. BARANIECKI: Sorry, what would you mean by

2 "frustrating"?

3 Q. Making it difficult to meet the commitments, making

4 it impossible, potentially.

5 A. I think we're getting into a policy question.

6 That's not something that we can answer.

7 Q. Okay. Now, another piece of your submission,

8 page 32, you don't really need to look at it. I'll

9 read it out. You state that:

10

11 "... a number of studies and

12 analyses have demonstrated high

13 levels of existing and potential

14 future habitat loss and possible

15 adverse effects on species at risk

16 and migratory birds in this

17 region."

18

19 And then you say that these studies include

20 Shell's own analysis. And then you also mention

21 Teck Resources 2011.

22 So my question is could you explain what

23 evidence is included in the Teck 2011 Application

24 that you reference?

25 A. MR. WIACEK: Teck, in their analysis, they

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1 looked at Natural Range of Variability in a number

2 of species at risk and other wildlife. And their

3 analysis shows that from the Pre-Industrial Case to

4 the Planned Development Case, so the cumulative

5 effects assessment, that a number of species were

6 being driven well below the lower boundary or the

7 lower level of their Natural Range of Variation.

8 And for some species, for example the olive eye

9 flycatcher, a threatened species under SARA, I

10 think it was in the magnitude of 40 to 50 percent

11 below the Natural Range of Variation. So that

12 certainly indicates that there's a substantial

13 amount of habitat loss within the Regional Study

14 Area that was analyzed for that project.

15 Q. Okay, thank you. And I just have some questions

16 about a document that's not on the record. I'm

17 guessing first I'll ask you. At page 20 of your

18 October 1st submission, you make a reference to a

19 SARA-CEAA document, 2010. And I'm guessing I know

20 which one that is, but I just want to confirm that.

21 A. The SARA-CEAA Guide, yes.

22 Q. Is it the Addressing Species at Risk Act

23 Considerations under the Canadian Environmental

24 Assessment Act for Species? I can pass you a copy

25 if it's easier. It's under the policy and

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1 guideline series for Species at Risk Act.

2 A. So is it the Addressing Species at Risk Act

3 Considerations under the Canadian Environmental

4 Assessment Act for Species under the Responsibility

5 of the Minister responsible for Environment Canada

6 and Parks Canada?

7 Q. So that document is Addressing Species at Risk Act

8 Considerations under the Canadian Environmental

9 Assessment Act for Species under the Responsibility

10 of the Minister responsible for Environment Canada

11 and Parks Canada. So I'll just pass out some

12 copies. So this is where earlier you'd mentioned

13 Section 79(2) of SARA and I said I'd get back to

14 that. I just wanted to point to this document.

15 There's a couple of points of interest. In

16 particular, page 14 of the document.

17 And it's the second paragraph, starts,

18 "However...". let me know when you've located?

19 A. I'm there.

20 Q. Okay, great. And so it reads:

21

22 "However, Subsection 79(2) of

23 SARA establishes a requirement to

24 avoid or lessen all adverse effects

25 of a project on listed wildlife

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1 species and critical habitat,

2 regardless of the significance of

3 those effects."

4

5 Correct?

6 A. That's correct. And that's how we framed our

7 submission or a portion of our submission.

8 Q. Right. And, yeah, I know it's in your submission

9 you were talking about -- so it's not just whether

10 it's significant effects, it's all adverse effects;

11 correct?

12 A. That's correct, yes. Under 79(2) there's the

13 obligation to avoid and lessen effects regardless

14 of their significance.

15 Q. Okay.

16 A. For species at risk.

17 Q. Thank you for that clarification. Now, if I could

18 just ask you to turn to page 34. And there's a

19 section entitled "Required Analysis."

20 A. Okay, I'm there.

21 Q. And it just reads:

22

23 "From a practical

24 perspective, the obligation under

25 subsection 79(2) of SARA, reinforce

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1 the need for federal and

2 environmental assessments to pay

3 particular attention to listed

4 wildlife species and their critical

5 habitat."

6

7 Correct?

8 A. That's correct, yes.

9 Q. I would just like to shift gears quickly here.

10 Just a quick question about caribou. Mr. Virc, I

11 realize that you're involved with caribou and the

12 recovery strategy and the recovery planning

13 process.

14 Now, the Woodland Caribou Boreal Population

15 Recovery Strategy, in and of itself does not

16 provide protection for the caribou herds in

17 north-eastern Alberta; is that correct?

18 A. MR. VIRC: For north-eastern Alberta, it

19 does where there are boreal caribou ranges

20 identified.

21 Q. What protection does it provide?

22 A. Well, the protections that are afforded under the

23 Species at Risk Act. And so now that we have a

24 Recovery Strategy that has been completed, and

25 posted, the Species at Risk Act can now come into

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1 force in terms of the Recovery Strategy. So

2 specifically, we have critical habitat that is

3 identified in the Recovery Strategy, and so where

4 there's Federal land, that would come into play.

5 Now, for the boreal caribou in north-eastern

6 Alberta, the ranges have been identified. So

7 that's how that would come into play.

8 Q. And you mentioned protection on federal land, but

9 the species in north-eastern Alberta are not on

10 federal land; correct?

11 A. That's correct. Well, there are some portions of

12 land that are federal land.

13 Q. Okay. So just to be clear, there are protections

14 provided to federal species on federal lands

15 automatically but not for species on provincial

16 land, which is what we're talking about here;

17 correct?

18 A. That's correct. And so primarily, the local

19 population ranges in the Recovery Strategy in

20 north-eastern Alberta are on provincial or

21 non-federal lands.

22 Q. Thank you.

23 Would you agree that the Government of

24 Alberta's efforts to date have been insufficient to

25 protect boreal caribou habitat in north-eastern

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1 Alberta?

2 A. I'm not able to comment on the Government of

3 Alberta's efforts unfortunately.

4 Q. So in your experience in doing recovery planning

5 for the species, you haven't had any experience on

6 what has been done provincially and the impacts of

7 provincial action?

8 A. With regards to the Province of Alberta and

9 developing the Recovery Strategy, they've been very

10 helpful in providing information and working with

11 the Federal Government in completing the Recovery

12 Strategy. So I can say that we have worked very

13 closely with the Province of Alberta and their

14 staff in developing our Federal Recovery Strategy.

15 Q. Okay, so you've worked closely with them, but in

16 terms of the actual actions that they've taken to

17 protect habitat, what's your experience?

18 A. In the context of the Recovery Strategy, there are

19 actions that are identified there. And we state

20 very clearly in the Recovery Strategy that there

21 are roles and responsibilities that are those of

22 the Province of Alberta, and as well as those of

23 the Federal Government. So those are outlined.

24 And with regards to the Recovery Strategy, there

25 are additional steps to be taken when moving on

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1 into the future, and Alberta again has been

2 supportive of those, so we are expecting that to

3 move forward very well.

4 Q. Just to get back for a second on the issue of

5 mitigation. We were talking about offsets or

6 conservation allowances. And the suite of tools in

7 the toolbox. In your opinion, are there any

8 mitigation measures that would be more effective

9 than offsets for mitigating loss to peatlands that

10 are permanently destroyed by the Project?

11 A. MR. WIACEK: As we indicated earlier, or

12 as I indicated earlier, avoidance would be our

13 preference and followed by minimization of effects.

14 Q. But in terms of mitigating effects that have

15 occurred?

16 A. MS. BARANIECKI: Sorry, we just need a moment

17 to clarify this.

18 Q. Certainly.

19 A. MR. WIACEK: Certainly monitoring would

20 come into play there, and adaptive management.

21 Q. Monitoring would mitigate the potential effects?

22 A. Well, it would provide information that would

23 assist in mitigating effects.

24 Q. But my question was if it was more effective than

25 offsets. So are you saying monitoring is more

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1 effective than offsets?

2 A. We're not saying that, no.

3 Q. So again, my question is is there any mitigation

4 more effective than offsets, and recognizing that

5 you should avoid or minimize if you can, but?

6 A. Well, really, offsets are the last or conservation

7 allowances are the last step within the mitigation

8 hierarchy, so, again, we would want to go through

9 the hierarchy and avoid, as we've talked about, and

10 minimize those effects. So when you've done those,

11 the last step would be, would be a conservation

12 allowance.

13 Q. So is it fair to say that it would be the most

14 effective tool for mitigating in that circumstance?

15 A. Again, it would be the last tool that should be

16 considered. And the most effective tools would be

17 to avoid and minimize effects.

18 Q. So I understand that you want to avoid and

19 minimize, but what are you recommending be done if

20 and when the area is mined and peatlands are lost?

21 A. MS. BARANIECKI: So I think, Panel Members,

22 just to confirm, that basically that that

23 recommendation, Recommendation 1, each of those

24 bullets are not individual and exclusive of each

25 other, it's one complete recommendation that

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1 outlines a series of mitigation options that could

2 be employed within this Project. It talks about

3 obviously avoidance and minimization, that we

4 talked about already. It talks about monitoring

5 and it talks about at the end there, the

6 consideration of conservation allowances. So

7 again, we need to look at these things as a

8 package. So it is one complete recommendation and

9 it outlines a number of opportunities for

10 mitigation.

11 Q. Yeah, I realize that and I read your

12 recommendation. I'm just asking, in the event, we

13 realize we want to minimize and avoid, but in the

14 event that that does not occur, and wetlands,

15 peatlands, are destroyed, would Environment Canada

16 recommend offsets?

17 A. At this point we are not recommending offsets. The

18 Proponent has not considered that as an option.

19 And so that option has not been evaluated. So we

20 are presenting this information here for the Panel

21 so that the Panel can consider the full suite of

22 mitigation that might be available.

23 Q. So, sorry, so you're saying because the Proponent

24 didn't raise it as an option, you didn't consider

25 it?

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1 A. It wasn't evaluated because it wasn't part of the

2 review. And so therefore our recommendation

3 includes the full suite of mitigation, and it's

4 noted that the consideration of a conservation

5 allowance is one of the options.

6 MS. GORRIE: And just to get direction

7 from you, Mr. Chairman. I didn't pass out the

8 Operational Framework, and it's not an exhibit and

9 I don't intend to refer to it again, but I'm just

10 wondering if you'd like to have it marked for

11 identification purposes since it was referenced.

12 THE CHAIRMAN: Sorry, the --

13 MS. GORRIE: The Operational Framework for

14 Use of Conservation Allowances. It's an

15 Environment Canada document that they referenced in

16 their materials, but an actual copy is not on the

17 record.

18 THE CHAIRMAN: I would like to mark it for

19 identification. And I'm not sure what the order

20 should be, but we had the species at risk document.

21 This one that should be marked. Should we mark

22 that 041?

23 MS. GORRIE: Sure.

24

25 EXHIBIT 017-041: SPECIES AT RISK ACT POLICIES

Realtime Connection [email protected] 3153

1 AND GUIDELINE SERIES

2

3 THE CHAIRMAN: And the other will be 042.

4 MS. GORRIE: 042.

5

6 EXHIBIT 017-042: OPERATIONAL FRAMEWORK FOR USE

7 OF CONSERVATION ALLOWANCES

8

9 MS. GORRIE: Thank you.

10 A. MS. BARANIECKI: Sorry, Ms. Gorrie, if I may.

11 I just wanted to clarify, too, I know when we were

12 contacted earlier in October for this document, we

13 were in a period where this document was actually

14 being updated and translated. And so the copy you

15 did receive by e-mail was obviously the final

16 draft. I can say that that document is now

17 available, French and English, on the website. And

18 if it's useful to parties, we can also provide the

19 actual internet link. But that document is

20 available publicly as per the original intention.

21 Q. Okay, great, thank you. Shifting gears now, I want

22 to talk about some follow-up on past Panel

23 recommendations. And I have with me -- I guess

24 I'll back up.

25 OSEC submitted an Information Request in

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1 respect to some previous recommendations that were

2 directed towards at least in part to Environment

3 Canada, and received a response from counsel. And

4 so I have with me the Response to Oil Sands

5 Environmental Coalition Information Request to

6 Federal Government Participant Departments. And

7 that's from October of this year. So I'll just

8 pass out some copies.

9 A. We've got copies, thanks.

10 Q. So just a few questions on this. In particular,

11 I'm curious about Information Request 12. And

12 that's also found on page 12. Let me know when

13 you've found the page, please.

14 A. MR. WIACEK: I'm there.

15 Q. Great. So this is in reference to the Albian Sands

16 Decision Report which is 2006. And in that report,

17 it states in the preamble here:

18

19 "The Panel recommended that:

20 Environment Canada collaborate with

21 AENV", which is Alberta

22 Environment, "in a review of the

23 cumulative impacts on the Yellow

24 Rail in the oil sands region using

25 appropriate regional nocturnal

Realtime Connection [email protected] 3155

1 surveys in areas of potentially

2 suitable habitat within the next

3 two years; the initiative should

4 also determine mitigation options

5 to minimize the impact on the

6 Yellow Rail."

7

8 So basically OSEC's request was for a

9 follow-up on that and to ask what had been done.

10 And I note that in your response you state that the

11 results of -- so you mention a project-specific

12 survey and regional surveys, and you also state

13 that (as read):

14

15 "The results of the surveys

16 should inform the determination of

17 mitigation measures and that EC is

18 working closely with AENV and mine

19 operators to develop mitigation

20 options."

21

22 So my question for the panel, I'm not sure

23 who the appropriate individual might be, but my

24 question is whether mitigation options have in fact

25 been developed?

Realtime Connection [email protected] 3156

1 A. My understanding is that mitigation options for the

2 mines have not yet been developed. The operators

3 have conducted surveys on their leases. And we are

4 working, Environment Canada is working with AENV to

5 fulfill the monitoring requirements and the

6 identification of mitigation measures on the leases

7 as per the provincial EPEA permit conditions. So

8 we are working closely with the Province on that.

9 Q. Okay, so just to be clear, so the panel requested

10 that the mitigation options be determined by 2008;

11 but that work is still in process?

12 A. That's correct.

13 Q. Do you have any idea of when that work will be

14 completed?

15 A. Well, the monitoring program would be ongoing, so

16 it is an ongoing process. So I don't think there

17 would be a definitive end date to that. Additional

18 surveys are required on the leases. And we are

19 providing this informing to the Province.

20 Q. But in terms of determining mitigation options,

21 when will those options be finalized?

22 A. That will depend in part on the results of the

23 surveys.

24 Q. Which will be completed?

25 A. Well, the plan is to have additional surveys this

Realtime Connection [email protected] 3157

1 coming -- or next summer. And I should clarify

2 that there have been surveys already. The Alberta

3 EPEA permit requires a monitoring program which

4 indicates repeated surveys on the sites to look at

5 changes in yellow rail populations. So, you know,

6 that monitoring is done over time. And as you

7 collect that information, that will inform the

8 mitigation in terms of whether you need to avoid

9 certain areas or apply certain mitigation in

10 particular areas. So it is a, it's a continuous

11 process.

12 Q. Right. Okay. So we're talking at least 2013,

13 maybe later, before we are going to see any

14 mitigation for the species at risk?

15 A. Correct.

16 Q. The next Information Request is number 15, which is

17 found at page 16. And I'm sorry I misled you, I

18 said I was just doing terrestrial and climate

19 change, but I have one question on naphthenic

20 acids. So have you found that spot?

21 A. MS. BARANIECKI: We have.

22 Q. So just to give some background. This request is

23 in relation to the 2011, January 2011 Joslyn North

24 Mine Decision Report. And in that report, the

25 Panel recommended that:

Realtime Connection [email protected] 3158

1

2 "The federal and provincial

3 governments work with the Canadian

4 Council of Ministers of the

5 Environment to develop specific

6 water quality objectives for

7 naphthenic acids."

8

9 So we basically, OSEC I mean, requested an

10 update on where that is at. And in the response,

11 you stated that, let me just check here, you state

12 that in September of this year, Environment Canada

13 completed a comparative study to assess the current

14 analytical methods for total naphthenic acids. Is

15 that correct?

16 A. That's correct, as stated in the response.

17 Q. But you then began testing the aquatic toxicity of

18 total naphthenic acids. When did this work begin?

19 A. I think I just have to confer with Dr. Spry.

20 We're not sure on the exact date, but we do

21 know it was within sometime within the past year.

22 Q. So within sometime in 2012?

23 A. 2011.

24 Q. Okay. Now, at the end of your response, you state

25 that (as read):

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1

2 "Further substantial effort

3 will be required for EC to evaluate

4 total naphthenic acids to develop a

5 water quality objective for total

6 naphthenic acids."

7

8 So would it be fair to say that specific

9 water quality objectives for naphthenic acids are

10 still a ways away?

11 A. If I could just get you to repeat that phrase. It

12 doesn't line up with the text I have here.

13 Q. Sure. The last paragraph here, so it says "further

14 substantial effort...", do you see where I'm at,

15 page 16?

16 A. Yes, thank you.

17 Q. Do you need me to reread it?

18 A. Just what you were reading didn't line up with what

19 we had here.

20 Q. Did I skip some words?

21 A. Possibly. I just want to confirm that we are on

22 the same spot.

23 Q. Do you want to read in that paragraph just so we're

24 both clear on what it says?

25 A. Sure, that would be not a problem. So it says:

Realtime Connection [email protected] 3160

1

2 "Further substantial effort

3 will be required for Environment

4 Canada to evaluate total naphthenic

5 acids from a variety of oil sands

6 process waters and natural waters,

7 using a full range of bioassays to

8 develop a water quality objective

9 for total naphthenic acid."

10

11 Q. Great. So then my question again would be, is it

12 fair to say that the specific water quality

13 objectives for NAs or naphthenic acids is still a

14 ways away?

15 A. That's fair to say.

16 Q. And could you give me a ballpark estimate in terms

17 of when we can expect to see these objectives?

18 A. Not realistically we can't provide that ballpark

19 right now.

20 Q. Can you give me like 2013, 2014, 2015, 2016?

21 A. I think Dr. Spry can clarify some of the

22 complexities around this particular item.

23 A. MR. SPRY: Well, as it relates to the

24 development of a water quality guideline, there are

25 a number of complexities that we will have to deal

Realtime Connection [email protected] 3161

1 with. The, as you no doubt know, this is a very

2 complex group of chemicals. And so we're trying to

3 workout an approach, I guess it's basically a

4 two-pronged approach, looking at pure naphthenic

5 acids and testing those in bioassays.

6 We are also, the research scientists at

7 Environment Canada are working with extracts from

8 the tailings ponds and trying to characterize

9 those. We know that the toxicity within that group

10 is variable and so we're trying to work out an

11 approach, so that's going to take a while.

12 And the other, I guess the other sort of

13 bookkeeping part of the equation is moving it

14 through the Canadian Council of Ministers of the

15 Environment. And that is a 14-jurisdiction panel

16 that reaches agreement by consensus. And so that

17 process will add to the time that it takes to

18 develop this.

19 Q. Okay, it sounds like there's still a lot of work to

20 be done. So in terms of estimates, is it possible

21 that it could be decades before we see an

22 objective? Not trying to be funny, but honestly.

23 A. Well, I think since the goal of the Canadian Water

24 Quality Guidelines is to be protective, I think we

25 can perhaps find some model chemicals or some way

Realtime Connection [email protected] 3162

1 of working through that a little more

2 expeditiously. And I would think that five years

3 might not be unreasonable.

4 Q. Okay. I'm wondering, do you know if the Government

5 of Alberta is undertaking any work to advance this

6 Project?

7 A. I don't specifically, although we will be trying to

8 work with Alberta Environment as we go forward.

9 Q. Okay.

10 MS. GORRIE: Mr. Chairman, I would like to

11 ask that this document be marked as an exhibit, the

12 Response to Oil Sands Environmental Coalition

13 Information Request to Federal Government

14 Participant Departments.

15 THE CHAIRMAN: 043.

16

17 EXHIBIT 017-043: RESPONSE TO THE OILSANDS

18 ENVIRONMENTAL COALITION INFORMATION REQUEST TO

19 FEDERAL GOVERNMENT PARTICIPANT DEPARTMENTS

20

21 MS. GORRIE: Sounds right to me.

22 Q. So my final line of questioning is in relation to

23 climate change.

24 Now, it's been referenced a few times and

25 it's referenced in your submissions that Canada's

Realtime Connection [email protected] 3163

1 commitment to reduce greenhouse gas emissions by

2 17 percent below 2005 levels by 2020. So under

3 current Federal policies, Canada's failing to meet

4 that commitment; is that right?

5 A. MS. BARANIECKI: I disagree with that

6 statement. We are currently only in the year 2012

7 and that commitment was to meet that target by

8 2020.

9 Q. Okay, I'll rephrase that. You're not on track to

10 meet that commitment, are you?

11 A. I think as the Government of Canada has made

12 significant progress in this area, and we are

13 currently halfway to that target, and have already

14 started addressing some of the issues with two key

15 sectors, in particular transportation and

16 electricity, so I would say there has been

17 significant progress in this regard.

18 Q. But you're not actually on target to meet, like,

19 there has been evidence presented in this hearing,

20 Environment Canada documents presented showing the

21 trajectory in terms of how emissions are proceeding

22 in meeting the 2020 target. And so my question is

23 whether looking at the trajectory as it is right

24 now, are you headed towards meeting that target in

25 2020?

Realtime Connection [email protected] 3164

1 A. The Government of Canada is still committed to

2 meeting that target. It's certainly acknowledged

3 that there's still work to be done.

4 Q. Okay. So in terms of this Project, if it were to

5 proceed, you'd agree that it will further

6 contribute to Canada's potential inability to meet

7 the 2020 target; correct?

8 A. Again, I would state that we're on -- we're

9 committed to meeting that target, so it wouldn't be

10 that these emissions are contributing to that

11 inability, but certainly this Project would

12 contribute to the overall emissions?

13 Q. I said potential inability. So is it contributing

14 to the potential inability to meet the target?

15 A. I disagree with that statement again in the sense

16 that there is still work to be done and there's

17 still regulations that are being developed for this

18 sector.

19 Q. So you disagree with the statement but you also

20 just said it's going to increase emissions, this

21 project will increase emissions. Sorry, I'm

22 confused as to how those two reconcile.

23 A. I mean, the Project as proposed indicates a certain

24 amount of emissions that would be obviously emitted

25 with respect to greenhouse gases.

Realtime Connection [email protected] 3165

1 Q. Okay. So then if I rephrase it, it will make it

2 more difficult to meet the target if this Project

3 goes ahead?

4 A. I'm afraid we can't comment on that because we

5 don't have the draft regulations in hand.

6 Q. But you know what the target is and you know that

7 there's going to be increased emissions from this

8 Project; correct?

9 A. I think what's important here is that there's also

10 going to be further action with further regulation.

11 Q. But a project that is increasing emissions is not

12 going to help you meet your target, whatever the

13 target is; would you not agree with that?

14 A. I think we'd have to look at that in the context of

15 all the other actions being undertaken and the

16 other emissions within the sector.

17 Q. So you talk about your, about the federal

18 regulations. There currently are no federal

19 regulations in place, correct, in relation to

20 greenhouse gas emissions from the oil sands?

21 A. That's correct.

22 Q. Now, I note in your October 1st submission, you say

23 that you expect to release draft regulations next

24 year and those regulations will put limits on the

25 amount of greenhouse gas emissions from oil sands

Realtime Connection [email protected] 3166

1 operations. Is that the intent?

2 A. It's premature for us to comment on what the

3 content of those regulations would entail.

4 Q. So there's regulations that are going to be coming

5 out but you don't know whether they are going to

6 include limits in terms of greenhouse gas emissions

7 and oil sands?

8 A. I just might need a mic at the back here.

9 Q. Continue your huddle.

10 A. That's better, less awkward.

11 Q. Mr. Fox?

12 A. MR. FOX: Yes. It's our

13 understanding that the greenhouse gas regulations

14 for oil and gas will include emissions from the oil

15 sands projects.

16 Q. And is the intent that those regulations will put

17 limits on the amount of emissions?

18 A. We're actually not privy to what the regulations

19 will be, so it's premature for us to really discuss

20 that.

21 Q. Okay.

22 A. But we have been assured that the plan is to have

23 draft greenhouse gas regulations out next year.

24 Q. So it's not at the drafting stage yet, as far as

25 you know?

Realtime Connection [email protected] 3167

1 A. At this moment, it's still at the discussion

2 stages.

3 Q. Okay. And are you able to comment on when you

4 anticipate that there will actually be final

5 regulations in force? I realize you said a draft

6 next year, but in terms of seeing something on

7 paper that's in force.

8 A. No, I can't give you a date.

9 Q. Now, back in 2008, the Federal Government produced

10 a framework document entitled "Turning the Corner."

11 Are you familiar with that?

12 A. I'm familiar with the title, yes.

13 Q. And so you're familiar, then, in this document, the

14 Government of Canada committed to enacting

15 regulations limiting greenhouse gas emissions by

16 January 1st, 2010?

17 A. I'm sorry, I'm not that familiar with the document.

18 Q. Is anyone on the panel familiar with the

19 commitments that were made by the Government of

20 Canada in a Federal Government document?

21 A. MS. BARANIECKI: No, sorry.

22 Q. Okay. So turning back to your October 1st

23 submissions, at page 46, you state that:

24

25 "The activities listed by the

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1 Proponent do not include sufficient

2 detail about the measures that

3 Shell Canada plans to use at each

4 stage of their operations to help

5 minimize or reduce greenhouse gas

6 emissions."

7

8 So my question to the panel is what further

9 information would Environment Canada require from

10 Shell?

11 A. MR. FOX: With that recommendation, we

12 acknowledge that Shell has presented a list of

13 general mitigation options. We're looking for more

14 detail in exactly what those mitigation options

15 would be and we would really like to see some

16 numbers attached with that of potential greenhouse

17 gas reductions. We feel that would help our review

18 and assessment of the potential mitigations in

19 greenhouse gas reductions.

20 Q. So do I understand you correctly that you mean you

21 want them to be able to tell you this mitigation

22 measure X will reduce emissions by this amount Y?

23 A. That is correct.

24 Q. So you'd agree then that as it's laid out right

25 now, it's impossible to know what the mitigation

Realtime Connection [email protected] 3169

1 options that they have laid out, are actually going

2 to be able to mitigate their emissions?

3 A. That is correct.

4 Q. So then would it be fair to say that Environment

5 Canada is not satisfied that Shell will be able to

6 sufficiently mitigate the effects of greenhouse gas

7 emissions from the Project?

8 A. Shell as well as the other oil sands facilities

9 will have to comply with the greenhouse gas

10 regulations when they are developed and

11 implemented.

12 Q. Right, but I'm not talking about regulations, I'm

13 talking about mitigating project-specific impacts.

14 So based on the information that Shell's presented

15 in all of their materials, would it be fair to say

16 that Environment Canada is not satisfied that it

17 will be able to sufficiently mitigate the effects

18 from this Project?

19 A. I think we'd be more satisfied if we had additional

20 details on what the mitigation involved.

21 Q. Now turning to my final aid for today. I'm sure

22 you'll all be happy about that. It's a PowerPoint

23 from Environment Canada entitled "Climate Change

24 Impacts in Canada" and it's from September 28th of

25 2012.

Realtime Connection [email protected] 3170

1 So you have that document?

2 A. MS. BARANIECKI: Yes.

3 Q. So my understanding is that this document talks

4 about, as the title suggests, impacts due to

5 climate change, and it talks about temperatures

6 increasing and leading to a wide range of impacts.

7 And so if I could ask you to turn to page 25 of

8 that PowerPoint, and unfortunately the page numbers

9 are really, really tiny.

10 A. MR. BONSAL: Yes, I have it.

11 Q. And Environment Canada produced this PowerPoint;

12 correct?

13 A. I do believe so. The first time I saw it was last

14 night and I'm not familiar with this PowerPoint,

15 exactly who within Environment Canada did produce

16 it.

17 Q. Okay.

18 A. But I see the Environment Canada logo on it.

19 Q. We didn't copy and paste that in. So, yes, if I

20 could ask you to turn to page 25. And you've got

21 it?

22 A. Yes, I do, thanks.

23 Q. Now I have to get it. So it states here that --

24 I'm looking at the first bullet -- maybe can you

25 read out the first bullet to me?

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1 A.

2 "Forests stressed by

3 warmer, drier conditions and forest

4 pests can present highly flammable

5 conditions and lead to an increase

6 in area affected by wild fires."

7

8 Q. Right. And then you'd agree here that then it goes

9 on to talk about examples of where there's been an

10 increase in areas burned by fire in B.C. and the

11 Yukon; right?

12 A. Yes, I see that.

13 Q. So do you have any information regarding the

14 impacts of drier conditions in forests in Alberta

15 specifically?

16 A. I do not specifically have that, no.

17 Q. But you'd agree that warmer, drier conditions being

18 caused by climate change could lead to increase in

19 wildfires in Alberta?

20 A. Yes.

21 Q. And that would include the RSA, the Regional Study

22 Area?

23 A. Yes.

24 MS. GORRIE: Thank you, panel. Those are

25 all my questions. And I'll now hand it over to my

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1 colleague, Ms. Buss.

2 THE CHAIRMAN: We'll mark the excerpt from

3 the Environment PowerPoint as 017-044.

4 MS. GORRIE: Thank you very much.

5

6 EXHIBIT 017-044: ENVIRONMENT CANADA, KEY CLIMATE

7 CHANGE IMPACTS TO CANADA

8

9 CROSS-EXAMINATION OF THE ATTORNEY GENERAL OF CANADA

10 PANEL, BY OSEC, BY MS. BUSS:

11 Q. MS. BUSS: Good afternoon, panel.

12 My name is Karin Buss and I have a couple of

13 different areas to ask some questions about.

14 First I wanted to compliment you on your

15 submission. It helped to really elucidate some of

16 the issues, but I'm going to have some questions

17 with respect to clarifying it.

18 First I had a question arising out of your

19 brief comments this morning, Ms. Baraniecki.

20 You said that Environment Canada was here to

21 provide evidence on the merits of the Project. And

22 I'm wondering if you could clarify that. You're

23 not here to talk about whether the Project itself

24 is a good idea or not; is that correct?

25 A. MS. BARANIECKI: That's correct. We're here

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1 to present evidence and advice to the Panel with,

2 specifically with respect to areas relevant to our

3 mandate.

4 Q. I'd like to put it another way. Is it also true

5 that you're here to provide information and opinion

6 in your fields of expertise? You talked about how

7 you have a technical and scientific panel?

8 A. Within the realm of, again, Environment Canada's

9 mandate, then we do have a number of experts here

10 that can speak to that advice and can offer

11 information in that regard.

12 Q. But you're here to give your advice as a specialist

13 department and as a body of, as individuals who

14 have expertise in a particular discipline; would

15 that be fair?

16 A. That's fair. Again with respect to the mandated

17 areas.

18 Q. And that's to assist the Board in understanding,

19 the Panel in understanding the environmental

20 impacts of the Project; is that correct?

21 A. Generally, yes, that's correct.

22 Q. And also what mitigation options are available and

23 how effective they might be?

24 A. That's correct. And in fact, within our

25 submission, actually just referring to page 5, we

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1 outline basically the contribution of the

2 Environment Canada panel, witness panel here, to

3 provide a review of the Project to determine those

4 potential environmental effects and also to speak

5 to the mitigation that's proposed as well as

6 considerations for additional mitigation.

7 So it does outline that role quite clearly in

8 the front of our submission.

9 Q. And Mr. Makowecki, on behalf of DFO, or the

10 Department of Fisheries, your department, staff and

11 scientists are hear also to provide information and

12 opinion within the field of their expertise?

13 A. MR. MAKOWECKI: That's correct.

14 Q. Now, one thing I noticed, Ms. Baraniecki, is that

15 you said that your panel was here to speak with

16 respect to the "technical aspects" of the water,

17 the joint water monitoring initiative. Did I hear

18 that correctly?

19 A. MS. BARANIECKI: That's correct. And to

20 clarify, we actually have a number of panel members

21 obviously from the disciplines of air, water and

22 wildlife that are all involved or able to speak to

23 technical components with respect to the Joint

24 Canada-Alberta Integrated Oilsands Monitoring

25 Program.

Realtime Connection [email protected] 3175

1 Q. And are you permitted to speak about the funding or

2 lack of funding for the water monitoring program?

3 A. That's an area that's outside of the evidence that

4 we filed and we're not able to speak to that.

5 Q. Have you been specifically advised not to speak

6 about that issue?

7 A. No, it's just outside of the area that we can speak

8 to. We're, again, not the group of experts

9 involved in the program.

10 Q. And none of you are knowledgeable about the funding

11 commitments that have been made to the program?

12 A. I'm not knowledgeable to those funding commitments.

13 I do know that there's various discussions

14 underway, but no information on details, no.

15 Q. Well, that's helpful.

16 I'm going to change to go to the end of my

17 questions here, but I'll work backwards with your

18 assistance.

19 Mr. Fox, would you be the person who could

20 answer questions about oil sands emissions

21 submitted to the National Pollution Registry

22 Inventory, sorry, Release Inventory?

23 A. MR. FOX: No, I wouldn't be the right

24 person for that. I'm afraid we don't have anyone

25 here that could speak directly to the NPRI.

Realtime Connection [email protected] 3176

1 Q. Are you or Ms. Watt familiar with emissions from

2 the Oil Sands Region?

3 A. Familiar, yes.

4 Q. Are either of you able to confirm that mercury or

5 arsenic emissions have, sorry, mercury and arsenic

6 emissions have increased by 50 percent or greater

7 between 2009 and 2010? I'm speaking just of aerial

8 release.

9 A. No, Mr. Chair, I'm afraid we don't have information

10 on that with us. We're not able to speak to that.

11 Q. And is the NPRI a source of information that you

12 use regularly in your work?

13 A. Yes, it is. My field is more to deal with criteria

14 contaminants and not into the metals or toxics. So

15 my familiarity with the NPRI would be more in that

16 area.

17 Q. And how about you, Ms. Watt, are you more familiar

18 with the metals?

19 A. MS. WATT: I'm more familiar with the

20 criteria air contaminants as well.

21 Q. Do we have anybody here that's familiar with the

22 metals?

23 A. MS. MORRISON: I can't speak to an

24 assessment of the latest numbers for the metals in

25 NPRI.

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1 But I can answer the question that in the

2 scientific area in which I work, which is in the

3 air quality research division, we frequently use

4 the information in the NPRI to do our modelling and

5 other scientific assessments of air quality and

6 emissions.

7 Q. Perhaps, Ms. Morrison, then you would be so kind as

8 to undertake to confirm that the airborne emissions

9 reported to the NPRI from the oil sands industry in

10 Canada increased by more than 50 percent for

11 mercury between 2008 and 2010, and the same for

12 arsenic.

13 A. Yes, we will undertake that.

14

15 UNDERTAKING 37: MS. MORRISON TO CONFIRM THAT THE

16 AIRBORNE EMISSIONS REPORTED TO THE NPRI FROM THE

17 OIL SANDS INDUSTRY IN CANADA INCREASED BY MORE

18 THAN 50 PERCENT FOR MERCURY BETWEEN 2008 AND

19 2010, AND THE SAME FOR ARSENIC AND LEAD

20

21 MS. BUSS: And can you also confirm the

22 amount of increase in lead from 2006? Maybe I

23 could put it to you this way. Could you just

24 confirm for me, I can assist you, I'll give you

25 Exhibit 017-037, in which there's a slide that has

Realtime Connection [email protected] 3178

1 three graphs of NPRI data, which I think came

2 from -- these charts actually came from Environment

3 Canada, but I couldn't find it. So if you could

4 just confirm for the record that they are accurate

5 and you can undertake to do that later.

6

7 UNDERTAKING 38: WITH RESPECT TO EXHIBIT 017-037

8 IN WHICH THERE'S A SLIDE THAT HAS THREE GRAPHS OF

9 NPRI DATA FROM ENVIRONMENT CANADA, TO CONFIRM FOR

10 THE RECORD THAT THEY ARE ACCURATE WITH RESPECT TO

11 MERCURY, ARSENIC AND LEAD

12

13 MR. LAMBRECHT: All right, so just to

14 confirm, the undertaking is to confirm that

15 information in Exhibit 017-037 is accurate?

16 MS. BUSS: Yes, with respect to the --

17 MR. LAMBRECHT: With respect to mercury,

18 arsenic and lead.

19 MS. BUSS: Yes.

20 MR. LAMBRECHT: And that's yes. Thank

21 you.

22 Q. MS. BUSS: Now I'm assuming that

23 Ms. Chambers might be the best person to ask, but

24 I'm not clear. We don't have any of the authors

25 of, I'm calling it the Kirk study here with us

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1 today, as far as I can tell. Maybe I'll step back

2 for a moment.

3 MS. BUSS: Mr. Chairman, I'm now going

4 to ask some questions related to the SETAC abstract

5 that was marked earlier today, 005-026.

6 A. MS. BARANIECKI: If we could just obtain a

7 copy of that. I think our copy migrated over to

8 the other table.

9 MS. BUSS: Mr. Chairman, do each of the

10 Board Members have a copy?

11 THE CHAIRMAN: Yes.

12 MS. BUSS: Okay.

13 Q. It means that the panel needs to share fewer

14 copies.

15 The first study I want to ask you about is

16 abstract 424, which for brevity I'm referring to as

17 the Kirk study, but is it Janet Kirk?

18 A. MS. CHAMBERS: Jane Kirk.

19 Q. From Environment Canada, research scientist. And

20 as well as Muir, M-U-I-R?

21 A. Muir.

22 Q. As well as several other scientists from various

23 departments within Environment Canada.

24 Is the full paper available entitled "Trends

25 in Atmospheric Deposition of Inorganic Contaminants

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1 to the Alberta Oil Sands Region Obtained from

2 Snowpack and Lake Sediment Core Measurements"?

3 A. No, this hasn't been produced as a publication yet.

4 The work that was done as part of this paper was

5 just done in the last, well, some of it was just

6 undertaken in March. And so the full publication

7 hasn't been written yet.

8 Q. All right. And the research was undertaken in 2011

9 and 2012?

10 A. That's correct.

11 Q. And what is your familiarity with it, Ms. Chambers?

12 Or is it Dr. Chambers?

13 A. MS. CHAMBERS: It's Dr. Chambers.

14 I'm not particularly familiar with it. I was

15 not an author on the study and I wasn't involved in

16 it, although I'm part of the larger oil sands

17 research program and monitoring program and

18 Environment Canada, so I have an awareness of it.

19 But I haven't seen the results of it other than

20 what is presented here.

21 Q. All right. So as far as you know, this is an

22 accurate representation of what the research

23 findings were?

24 A. I haven't seen any findings from the research at

25 all. So this is all that I know about it is what's

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1 in the abstract. And I have no reason to

2 disbelieve it.

3 Q. Is it possible for Environment Canada to confirm

4 that this abstract is true to the study results?

5 A. I can confirm that. I don't see that there would

6 be any reason why they would put in something that

7 was incorrect. But I can confirm that.

8 Q. Okay.

9 A. I will have to say that because the work is very

10 recent, and this is presented then as an abstract,

11 it is at a preliminary stage. That's the nature of

12 a presentation of this sort. So that as the data,

13 as additional data come in, and not all the data

14 from a study come in within days or weeks, some of

15 it trickles in over the course of a year depending

16 upon the lab's availability to analyze the results,

17 the results can be modified as additional data come

18 in.

19 But I think to the best of my knowledge, this

20 represents the situation of the currently available

21 data.

22 Q. Okay, so it sounds to me like you have no concerns

23 about us relying upon it?

24 A. No, I think it's reasonable to take what's there,

25 given -- with the proviso that this is preliminary

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1 results that have not yet been vetted by the

2 scientific community and have not been fully

3 analyzed.

4 Q. And it would be similar to much of the, well, maybe

5 not similar, but much of the information that's in

6 the Environmental Impact Assessment, for example,

7 hasn't been vetted by the scientific community?

8 A. That's probably fair enough, yeah, a fair

9 statement.

10 Q. And much of that might be preliminary as well?

11 A. I presume some of it probably is. I haven't read

12 the whole of the document.

13 Q. And this research that's being reported in this

14 abstract is based on samples, for example this one,

15 there were snow samples taken and they were

16 analyzed for contaminants, and those are basically

17 hard data that was reported; would that be a fair

18 summation?

19 A. This is based upon snow samples that were collected

20 in spring, I believe March 2011 and 2012. The

21 samples went to the laboratory for analysis, and it

22 would appear from the abstract that they are

23 reporting in this preliminary presentation on the

24 results of 13 metals, and it looks like, yes, I

25 think it's just the 13 metals that are being

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1 presented.

2 Q. All right. And those include arsenic and mercury;

3 correct?

4 A. Yes.

5 Q. And they found that of these 13 priority

6 pollutants, which are mostly metals, were 1.5 to 3

7 times higher within 50 kilometres of upgraders in

8 the Oil Sands Region?

9 A. Actually, I think it's 1.5 to 13 times higher. I'm

10 having to hold it out a bit myself, too.

11 Q. I'll have to pull my glasses down. All right, so

12 that wouldn't be, that's not a surprising result,

13 though, would you agree?

14 A. Well, no, it's consistent with the paper by

15 Kelly/Schindler and others that was published I

16 believe in 2010.

17 Q. And it's not surprising that contaminant levels

18 were higher within 10 kilometres of the upgraders?

19 A. I think they just speak about within 50 kilometres

20 of the upgrader, if I'm not mistaken. Oh, no, they

21 do say "and were highest within 10 kilometres of

22 the upgraders".

23 Q. And I also notice that they found particulate-bound

24 methyl mercury increased exponentially with

25 proximity to upgraders, which they say is important

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1 because methyl mercury is a neurotoxin that bio

2 accumulates. What does "particulate-bound" mean?

3 A. It usually means, and I'm not a mercury specialist

4 and I'm not sure -- oh, Heather, Dr. Morrison could

5 probably say a little bit more about mercury and

6 its nature.

7 A. MS. MORRISON: It means in the

8 atmosphere, it's found not in gaseous form, so as a

9 gas, it's either found in what we call an aerosol,

10 which is like a tiny droplet, or in particle form,

11 which means it's bound to another chemical that, I

12 mean, in layman's terms, it's like dust.

13 Q. So metals that are emitted from stacks and boilers

14 and that kind of equipment tends to be bound to

15 particulate, come out in dust-like form?

16 A. Usually when mercury is emitted, it's emitted from

17 a stack in two forms: The predominant form would

18 be the gaseous form; and then the other form would

19 be what we call either reactive gaseous or a

20 particulate form. The reactive gaseous form and

21 the elemental form can undergo very rapid chemical

22 reactions as the very hot gases leave the stack and

23 go into the cool atmosphere. And there's a lot of

24 other chemicals that come out with the mercury, so

25 you can get a lot of reactions. Those reactions

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1 tend to form particulate mercury or more reactive

2 gaseous mercury, both of which tend to rapidly

3 deposit from the atmosphere onto the surface.

4 So what you tend to find when you have

5 emissions of mercury from a stack, is that you get

6 a lot of mercury depositing close to the stack.

7 And then the rest that's mostly in the elemental

8 form will then get transported with the air mass,

9 and it can go, gaseous elemental mercury can travel

10 around the globe. I mean it's a pollutant that is

11 subject to a long-range transport.

12 So that would be very typical pattern to see

13 close to a source of emission where you have a

14 higher concentration of deposition of particulate

15 mercury close to the source.

16 Q. I'm going to ask this question now because it seems

17 to be related. But I understand that from other

18 engines like combustion from mine fleet, for

19 example, that you will get, the primary source of

20 metals release or emissions from the mine fleet

21 will also be in particulate form. And what is that

22 process, is that similar?

23 A. All combustion sources, it would be the same. It

24 just depends on what chemistry happens with the

25 co-pollutants that are being emitted, and if

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1 there's a lot of reaction that results in either

2 reactive gaseous mercury or particulate mercury,

3 then you get a lot of deposition, you know, near

4 the source of emission.

5 Q. Okay. Can you confirm that the Jackpine Mine

6 Expansion Project is within about 50 kilometres of

7 the upgraders that were studied in the Kirk report.

8 A. MS. MORRISON: I think the Kirk report

9 focused around what is referred to in a couple of

10 the other reports as AR6, which is a site in the

11 Athabasca, but I can't say offhand exactly where

12 that is.

13 Q. Is anybody able to say whether the Compensation

14 Lake that has been proposed to DFO is located

15 within 50 kilometres of an upgrader?

16 A. MR. MAKOWECKI: Subject to check, we believe

17 the Compensation Lake would be very close to

18 50 kilometres away from an upgrader.

19 Q. Now, Dr. Chambers, there's another study in the

20 SETAC report by a J.L. Parrott or Parot?

21 A. MS. CHAMBERS: Parrott.

22 Q. Also from Environment Canada from the National

23 Water Research Institute. And is that a he or a

24 she, I'm not sure?

25 A. She.

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1 Q. She was working with a similar team and looked at

2 whether, and took some snow-melt samples within

3 this 50 kilometre radius of the upgraders, and then

4 put minnows or minnow eggs in it and found that the

5 snow melt was toxic to fish. Is that the upshot of

6 that study?

7 A. Well, it shows that the snow melt that was

8 collected within, and I'm just scanning that

9 abstract myself as a matter, but I think it was

10 within about 50 kilometres, were toxic to fish.

11 It's three snow samples from around the oil sands

12 mining and refining areas were toxic to larval

13 minnows at 25 to 100 percent.

14 Q. All right. Well, it would be really useful to

15 speak with Dr. Parrott, but I guess we can't.

16 Because that doesn't tell us whether she meant both

17 mining and refining areas or that those two were

18 combined.

19 Okay. And I notice that there was also

20 higher concentrations of Polycyclic Aromatic

21 Hydrocarbons in metals also in the snow melt

22 samples?

23 A. That's consistent with what was reported in the

24 previous abstract, the one that we just discussed

25 by Kirk. And I think that was number 424. That

Realtime Connection [email protected] 3188

1 some of these chemicals were higher closer to the

2 upgrader.

3 I should point out, too, and I think it's in

4 this abstract, that they did look at not only the

5 snow melt, but they had occasion to look at the

6 water that came, the water that was in the

7 Athabasca River in the spring as well. And they

8 observed no toxicity in that case.

9 Q. And that was in the spring of 2010?

10 A. Yes, that's right.

11 Q. And I suppose once you go into the river, then that

12 snow melt had been diluted by the spring water

13 levels?

14 A. Yes, that's right. So that the snow melt was

15 diluted and of course that's ...

16 Q. That was helpful to the fish?

17 A. Yes, very helpful to the fish. The fish aren't

18 occurring in the snow itself.

19 Q. I have a question. Going down to abstract 427. Is

20 it Dr. Muir?

21 A. Dr. Muir.

22 Q. Muir. Has an abstract which relates to taking

23 sediment samples from five lakes within 35

24 kilometres of bitumen upgrading facilities. And

25 this again is similar to the work of Kelly and

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1 Schindler et al, where they looked at sediment

2 samples?

3 A. I think the Kelly/Schindler 2010 were primarily

4 looking at water samples.

5 Q. I think there is --

6 A. Or maybe it's the 2009 that had the cores.

7 Q. I think it could be.

8 A. Okay.

9 Q. Anyway, again, this is replicating the approach

10 that's been used before?

11 A. Yes. The paleo-limnology work where they take

12 sediment cores and then they slice them and they

13 know what year those slices come from has been a

14 well-established technique.

15 Q. And what was interesting is that they found that

16 with respect to PAHs, and I guess that's primarily

17 what they are looking at, I'm not sure what DBTs

18 are, could you maybe explain that?

19 A. Oh, dibenzothiophenes. I can't tell you what they

20 are other than they are organic contaminant. If

21 somebody else can speak to that better than I. I

22 don't see anyone stepping up, I'm sorry.

23 Q. Okay, what about C1-C4-alkylated PAHs. That's just

24 a type of PAH?

25 A. Yes, that's just a type of PAH.

Realtime Connection [email protected] 3190

1 Q. What was found by doing this work was that there

2 was an increase in PAHs since I believe the late

3 '70s, or since the early 1970s?

4 A. Yes.

5 Q. And what they noticed was that the total PAH flux,

6 do you know what a total PAH flux is?

7 A. Well, they've estimated the total amount based upon

8 analyzing the slices that have come from the cores

9 from the bottom of the lakes, they can calculate or

10 determine the total amount of PAH and look at the

11 total quantity that's been deposited in that

12 particular year or several years.

13 Q. So the total rise, it looks like went from 2.5 to

14 23 times greater than pre-1960 levels?

15 A. M'mm-hmm.

16 Q. Did I read that right?

17 A. Yes.

18 Q. And then the most -- sorry?

19 A. Yes, I was just going to repeat that sentence, yes.

20 Q. And the maximum concentrations were interestingly

21 in 2009 and 2010, so at the top of the sediment

22 strata. It says in four of the five near field

23 (phonetic) lakes.

24 A. Yes, maximum concentrations were observed from the

25 most recent, approximately 2009 to 2010 sediments.

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1 Q. All right. All right. So these, would you agree

2 that the effect of that study appears to be to

3 confirm that there is some effect on lakes or lakes

4 in the area are receiving contaminant loading of

5 some degree?

6 A. Well, the results indicate that there are PAHs

7 present in the sediments of the lakes, and that

8 they have increased in the last I think they say 20

9 years or so.

10 Q. Are any of these three, we talked about the first

11 one, but is there actually a full paper that's

12 available that's been submitted for publication or

13 submitted and circulated around Environment Canada

14 for example of papers of abstract 427 or 425?

15 A. Not to my knowledge. These are being presented as

16 preliminary, as early results.

17 Q. Is it possible to check?

18 A. Yes.

19 Q. Because I think if there's more information that

20 could be obtained on these studies, that might be

21 useful to the Panel. If there's a more fuller

22 description of the research in the form of a paper

23 or a fuller research report.

24 MR. LAMBRECHT: And is that a request by way

25 of undertaking?

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1 MS. BUSS: Yes, just to check if that's

2 available and if it's possible, to produce that.

3 A. So to check for a publication for 424, 425, and

4 427?

5 Q. If there's a full paper written or a more fulsome

6 research report written by the authors that would

7 be available to supplement the abstract.

8 MR. LAMBRECHT: Madam Reporter, I think

9 that's clear. Thank you.

10

11 UNDERTAKING 39: TO CHECK FOR A PUBLICATION FOR

12 424, 425, AND 427, AND IF THERE'S A FULL PAPER

13 WRITTEN OR A MORE FULSOME RESEARCH REPORT WRITTEN

14 BY THE AUTHORS THAT WOULD BE AVAILABLE TO

15 SUPPLEMENT THE ABSTRACT, TO PRODUCE SAME

16

17 MS. BUSS: I've had a request for a

18 break. I'm wondering if that would be convenient

19 to the Panel.

20 THE CHAIRMAN: It's a little early, but we

21 could do that. Are you thinking of the regular

22 break?

23 MS. BUSS: Yes. That would be fine.

24 THE CHAIRMAN: I have 2:51. We'll take

25 20 minutes.

Realtime Connection [email protected] 3193

1 MS. BUSS: Thank you.

2

3 (The afternoon adjournment)

4

5 THE CHAIRMAN: Ladies and Gentlemen, we've

6 had some further input respecting next week. And

7 what we're going to do is commence argument on

8 Tuesday at 8:30 a.m. And the venue is the Sheridan

9 South on Argyll Road in Edmonton.

10 Would you like to continue, Ms. Buss.

11 MS. BUSS: Yes, thank you.

12 Q. I have another follow-up question for Environment

13 Canada. I'm assuming that the results of the three

14 research studies that we just looked at, would it

15 be correct that these results did not inform

16 Environment Canada's submission that's at

17 Exhibit 005-002?

18 A. MS. BARANIECKI: Yes, that's correct.

19 Q. And I take it that you weren't aware of this, the

20 panel wasn't aware of this research when they

21 arrived to give evidence this week?

22 A. MS. CHAMBERS: I was aware that the

23 fieldwork had been conducted but I wasn't aware

24 that the research was in a state that it was going

25 to be presented.

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1 Q. Prior to preparing your submission and preparing to

2 give evidence today, did you make inquiries as to

3 what research Environment Canada or Fisheries was

4 undertaking that might be relevant to oil sands in

5 particular, the issue before this Panel?

6 A. MR. BARANIECKI: Perhaps I could clarify a

7 little bit of our process that we undertake when we

8 do an Environmental Assessment particularly within

9 our department within Environment Canada.

10 So my group, the Environmental Protection

11 Operations Directorate in Prairie Northern Region,

12 we're responsible for the overall co-ordination of

13 the project review. And then we have a number of

14 team leads, lead coordinators on the various

15 subject matters who then network out within the

16 department in a very specified way to connect in

17 with various experts. And it will really largely

18 depend on what's contained within the project

19 proposal within that EIS review. So within that,

20 we look at the project as it's proposed, we analyze

21 that information, and then proceed with an analysis

22 with various experts. So that's how that's

23 performed.

24 So I guess to answer your question, Ms. Buss,

25 it wouldn't have been a general, I guess, survey,

Realtime Connection [email protected] 3195

1 but the people that are working on this file are

2 the ones that are obviously knowledgeable about the

3 issues in this area and are linking in with our, I

4 guess: Our science generalists and our experts do

5 link in together as we complete our review.

6 Q. Well, judging by the CVs of some of the parties and

7 the fact that I've seen some of you at a number of

8 these similar occasions, is that you have people

9 who are tasked with reviewing environmental impact

10 assessments and commenting on them?

11 A. That's correct.

12 Q. But did you undertake prior to your submission any

13 kind of systematic search to determine if important

14 new research was being undertaken that might be

15 helpful for Panel to know?

16 A. Yes, so to clarify, within each of the science

17 teams, they would have conducted their review and

18 determined the information that was relevant as

19 part of that review in the formulation of questions

20 through the Supplementary Information Request

21 process, as well as through the development of the

22 submission, so we would have actually looked at the

23 information we had at hand within our body of

24 expertise. And again, our submission reflects sort

25 of those outstanding concerns and recommendations

Realtime Connection [email protected] 3196

1 with respect to the project.

2 Q. From your team of people whose job it is to review

3 Environmental Impact Assessments; would that be

4 fair?

5 A. Partially fair. Some of the members of that team,

6 that's their primary function. But we do have a

7 number of members that are tasked as part of the

8 Environmental Assessment review team that are

9 primary researchers, for instance, but then they

10 come in on a specified component of the project

11 review.

12 Q. I guess what I'm trying to figure out is is there

13 other important work that might be going on that

14 isn't being presented? Because it was just

15 fortuitous that we were able to discover this,

16 these three papers.

17 A. MS. CHAMBERS: Well, I guess I could say

18 that there's certainly other research going on

19 because we've got a mandate to conduct research,

20 but the research that would have informed the

21 Environment Canada's position would largely have

22 been research that was already published, and so it

23 had been scientifically vetted, approved and

24 published and had been reviewed by the scientific

25 community in order to be able to meet the

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1 publication demands, the scientific publication

2 demands.

3 There's continuously other research that's

4 underway such as the studies that we discussed that

5 are being presented at SETAC. But it depends on

6 what comes up in a particular timeframe because

7 these are still preliminary results and, in fact, I

8 think there's some of them I think I could quite

9 safely say the data haven't all come in from the

10 2012, 2012 field trip. And so to then begin to

11 even think of speculating about what those data

12 mean and to interpret them in light of a submission

13 is a little premature.

14 Q. Maybe it would be for the Panel to interpret?

15 A. Fair enough.

16 Q. What about for Department of Fisheries and Oceans,

17 did you have a systematic way of ascertaining

18 whether there's relevant research going on in the

19 science division of Fisheries?

20 A. MR. MAKOWECKI: We have a process by which

21 our program requests information from science and

22 specifically lays out our priorities in any given

23 year for science to be done. And so by way of that

24 process, we're aware of the science that would help

25 inform us in our regulatory decisions. And we had

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1 made further inquiries on some of the issues

2 related to, specifically to mercury, actually,

3 prior to us attending here.

4 So we did inquire as to the status of some of

5 the research that's going on.

6 Q. What did you find out is there other research that

7 might shed some light on the potential impacts of

8 another oil sands mine?

9 A. We, at this stage, don't have any additional

10 information in our research division that would

11 help inform this Panel.

12 Q. And how about for Environment Canada, is there any

13 other research that might be potentially relevant

14 that you haven't told us about?

15 A. MS. CHAMBERS: There's research going on.

16 I'm not even sure whether the data -- I know in my

17 own case I have research going on in this general

18 area, but I haven't got the results back from the

19 laboratory yet. So it's underway, but I don't

20 think it's at a point where it can inform the

21 Panel.

22 Q. And what is the nature of that work?

23 A. I conduct water sampling in some of the tributaries

24 in the Oil Sands Region.

25 Q. Like the Muskeg River, for example?

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1 A. Yes.

2 Q. And when will that be available?

3 A. Well, I'm hoping -- I'm still waiting on results

4 from some of the analysis, in fact we're still

5 sampling, to the best of my knowledge. We've had

6 folks out in the last few days. The lab results

7 I'm hoping from this year will be completed by the

8 end of March. And I'm hoping to be able to have at

9 that time an inventory of the data that have been

10 collected available and probably, if the data all

11 come in by the end of March, within a month or so.

12 Some preliminary statistics from on that data.

13 Q. All right. Thank you.

14 Now, I do have a question about another

15 Environment Canada National Wildlife Research

16 Centre paper from Craig Hebert, which I provided to

17 your counsel yesterday. I think Ms. Baraniecki has

18 it. There's a hot demand for research reports so

19 I'm losing my copies here.

20 All right, so this paper on Metals and

21 Polycyclic Aromatic Hydrocarbons in Colonial Water

22 Bird Eggs from Lake Athabasca and Peace-Athabasca

23 Delta was just published in February of 2011.

24 Would Dr. Chambers be familiar with this?

25 A. No, I don't know that work.

Realtime Connection [email protected] 3200

1 Q. Does anybody on the panel know this work?

2 A. MS. BARANIECKI: So this paper specifically

3 would have been conducted with our scientists

4 involved in the wildlife toxicology group within

5 our department. On this panel, we actually do not

6 have an expert to speak to this specific issue from

7 the wildlife toxicology group. And the reason for

8 that, Panel Members, is that this was not an issue

9 that we really addressed within our submission.

10 So, therefore, we didn't obviously provide experts

11 here. However, we can certainly --

12 Q. Were you familiar with this paper before today?

13 A. So just --

14 Q. Or before yesterday?

15 A. Sorry, to just conclude my last statement there.

16 So we don't have the experts available here on this

17 panel to speak to it. However, in anticipation

18 that this is -- wildlife toxicology concerns are

19 important concerns to various Aboriginal members

20 and other folks in this region, we do have people

21 who might be able to undertake if you have a

22 specific question about this research.

23 Q. I guess what I was wanting to do is confirm that

24 the research documented in this study shows that

25 there are increasing levels of mercury and PAHs in

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1 bird eggs in the Athabasca delta, and that these

2 increases in concentrations are greatest at sites

3 that are receiving waters from the Athabasca River.

4 And I want that confirmed. Maybe I could put it

5 this way. Would it be safe for the Panel to rely

6 on this research report given it's from Environment

7 Canada and it has been published a peer-reviewed

8 journal?

9 A. Absolutely.

10 MS. BUSS: I'm wondering if we could

11 mark this as an exhibit, Mr. Chairman.

12 THE CHAIRMAN: 017-045.

13

14 EXHIBIT 017-045: SETAC PRESS, "METALS AND

15 POLYCYCLIC AROMATIC HYDROCARBONS IN COLONIAL

16 WATERBIRD EGGS FROM LAKE ATHABASCA AND THE

17 PEACE-ATHABASCA DELTA, CANADA"

18

19 MR. DENSTEDT: Mr. Chairman, I just have a

20 question of clarification on this paper. Who am I

21 going to be able to cross-examine on it? No one?

22 A. MS. BARANIECKI: Sorry, as stated, we do not

23 have someone able to speak to this specific paper.

24 However we do have somebody available by

25 undertaking if there's a specific question related

Realtime Connection [email protected] 3202

1 to this research.

2 MR. DENSTEDT: Thank you.

3 Q. MS. BUSS: My question, where I was

4 going with that paper, is that it would indicate

5 that there's potential for -- it would appear that

6 the oil sands development could be an important

7 source of mercury uptake by birds down river from

8 the Athabasca, and that Hebert Study essentially

9 points to the need for further monitoring. Is that

10 something that's going to be done and, if so, by

11 whom?

12 A. I believe Dr. Morrison has some additional

13 information to add.

14 A. MS. MORRISON: So I will just confirm

15 that the paper does state that further monitoring

16 is required and I can confirm that further

17 monitoring is taking place.

18 Q. Is that a follow up to this study or is that a

19 separate monitoring plan?

20 A. It's a follow-up to the study.

21 Q. And do you know when those results might be

22 available?

23 A. No, that would have to be confirmed with the lead

24 researcher, which is Craig Hebert.

25 Q. All right. Now I have some questions for the

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1 Department of Fisheries and Oceans as the primary

2 regulator of fish habitat in Canada; is that

3 correct?

4 A. MR. MAKOWECKI: Yes, that's correct.

5 Q. And I have a question about Recommendation 1. And

6 I'm turning now, Mr. Chair, Panel members, to

7 Exhibit 005-020. And page 7, PDF page 10. There's

8 a recommendation at the bottom of page 7 that:

9

10 "... the Joint Review Panel

11 include a recommendation to Shell

12 Canada Energy that cumulative

13 effects on downstream fish habitats

14 be assessed, including but not

15 limited to, middle reaches of the

16 Muskeg River, Shell Canada Energy's

17 Jackpine Mine and Imperial Oil's

18 Kearl Mine fish habitat offsets,

19 Kearl Lake, the lower reaches of

20 the Muskeg River and the Athabasca

21 River including the Athabasca River

22 delta. DFO believes that it is

23 possible for an individual oil

24 sands operator to undertake this

25 assessment."

Realtime Connection [email protected] 3204

1

2 Now, my question is, I take it from this

3 recommendation is that you don't believe that there

4 is sufficient understanding of what the cumulative

5 impacts are, A, to the Muskeg River Basin, and B,

6 to the downstream on the Athabasca River?

7 A. We looked at this recommendation and what we were

8 trying to convey here is what we believe would be a

9 worthwhile follow-up program. The information that

10 Shell's provided we believe is adequate for us to

11 understand what the effects are. It's the

12 uncertainty that's associated with these

13 developments that remains. And so from our

14 perspective, a follow-up program related to the

15 cumulative effects would be appropriate.

16 Q. And how significant are those uncertainties? Let

17 me put it this way. You must think that there are

18 significant uncertainties because this looks like a

19 big follow-up project?

20 A. I think that there are uncertainties that are

21 multifaceted here. There are uncertainties

22 associated with changes in flow. There are

23 uncertainties associated with how existing habitats

24 function to maintain productivity of the Athabasca

25 River and how the man-made habitats, the

Realtime Connection [email protected] 3205

1 compensation habitats will be able to do the same,

2 and how additional projects in the watershed may

3 impact attempts at compensating that are already in

4 place.

5 So there's just a multifaceted range of

6 uncertainty that we would like some follow-up to.

7 Q. Do you think it's important to do this follow-up

8 work in order to avoid significant adverse effects?

9 A. The follow-up work would be important to understand

10 whether the predictions in the Environmental

11 Assessment were accurate.

12 Q. And why is that important?

13 A. So that we can make better regulatory decisions in

14 the future and adaptively manage this Project if

15 it's necessary.

16 Q. And why do you want to adaptively manage, what's

17 the purpose?

18 A. Well, our purpose is to maintain the productivity

19 of fisheries in Canada, so if there were impacts

20 greater than what had been anticipated by the

21 environmental assessment, we would be looking to

22 Shell to offset those impacts attributed to their

23 Project.

24 Q. And you wouldn't be making a recommendation like

25 this unless you thought it was important, right?

Realtime Connection [email protected] 3206

1 A. I think all recommendations that we made, we did so

2 believing that they are important.

3 Q. Okay. And my question is, with DFO as the

4 regulator and having the primary jurisdiction to

5 protect fish habitat, could you not make this

6 condition, this recommendation a condition of the

7 HADD approval for this Project?

8 A. Yeah, I believe we could.

9 Q. Okay. And do you intend to do that?

10 A. It would be something that we would talk with

11 stakeholders about, talk with Alberta about, talk

12 with Shell about, and see what the most appropriate

13 way of getting at the information required is. I

14 think, you know, when you stopped just before the

15 last sentence of that recommendation. And the

16 alternative there is that there could be other ways

17 of approaching this other than just Shell doing it

18 by themselves. And so, you know, we believe it's

19 important to do. Exactly how it gets done is

20 something to be determined.

21 Q. All right. You've already formed the opinion,

22 though, that it's possible for an individual oil

23 sands operator to do this assessment?

24 A. Well, in this particular case, our view is that

25 Shell is a major contributor to potential for

Realtime Connection [email protected] 3207

1 cumulative effects in the Muskeg River. And so in

2 this particular case, it wouldn't be without at

3 least some merit to consider Shell play at least a

4 major role in that work.

5 Q. It's because they have three mines in the Muskeg

6 River Delta, would that be fair?

7 A. In the Muskeg River drainage?

8 Q. Yes.

9 A. Three presently and one proposed.

10 Q. Right. Okay, thank you for that clarification.

11 I have a question about, at page 12 of your

12 submission, which would be PDF 15, with respect to

13 indirect habitat loss. I'm questioning my

14 reference. Sorry, it's the next page, bottom of

15 the third paragraph, sorry, page 12. The very last

16 sentence, the third full paragraph, on page 12, PDF

17 15 says, you're dealing with the issue of changes

18 to the stream flow in the Muskeg River, and you say

19 that as a result of the Project, there will be

20 variations in the flow which will also cause

21 habitat loss. Would you agree that that's a

22 general summary?

23 A. Yes.

24 Q. And, as a result of that, you calculate that

25 there'll be 51,244 cubic (sic) metres of alteration

Realtime Connection [email protected] 3208

1 to or loss of fish habitat, that's the last

2 sentence?

3 A. Yes.

4 Q. Would that be fair to say this is called indirect

5 loss, habitat loss?

6 A. What this is is the estimate of losses when the

7 greatest impact to the Muskeg River would occur in

8 the Project's life.

9 Q. Okay. And are these, is this loss of habitat

10 included in or compensated for in your compensation

11 plan or in Shell's compensation plan?

12 A. Yes.

13 Q. Okay. Now, if I look at page 20, or could you turn

14 to page 20, you deal with cumulative effects of

15 water withdrawals in this section. That's PDF 23,

16 Section 7.1. And in the third paragraph under 7.1,

17 speaks to the additional water:

18

19 "The additional water

20 withdrawals will result in

21 reductions in flow in the Athabasca

22 River that could affect habitat

23 availability and fish habitat

24 conditions."

25

Realtime Connection [email protected] 3209

1 Do you mean that it could result in loss of

2 fish habitat?

3 A. Yes. We believe that water withdrawals may affect

4 fish habitat.

5 Q. But my question was, is your concern here that you

6 could lose fish habitat?

7 A. Well, water withdrawals, are, you know, an

8 interesting topic because, you know, the moment you

9 stop withdrawing the water, the fish habitat comes

10 back, there's some residual effects of that

11 occurring. But we believe that withdrawing water

12 can affect the productivity of the fish habitat.

13 Q. Now, is that loss of productivity quantified and

14 included in any compensation plan for any operators

15 or for the region?

16 A. No, it's not.

17 Q. Is it something that could potentially require a

18 HADD approval?

19 A. Yes.

20 Q. Sorry, by HADD, I mean harmful alteration and

21 destruction of -- I'm missing a D, damage to fish

22 habitat?

23 A. Yeah, it's possible that water withdrawals could

24 impact fish habitat in a way that would require a

25 Fisheries Act authorization.

Realtime Connection [email protected] 3210

1 Q. And how would you deal with that when the impacts

2 are cumulative?

3 A. Well, there are a few ways. I mean, you could

4 approach industry to see whether or not regional

5 compensation or offset could be done. Or you could

6 invoke a technique that would evaluate what the

7 overall cumulative effect is and divide it up by

8 company, depending on their rate of production or

9 percentage of water withdrawal overall.

10 Q. Has that been done in other areas in Canada?

11 A. Not to my knowledge.

12 Q. Now, I see that Shell's position is that their

13 water withdrawals will have no detectable effect.

14 Is the issue here really a cumulative one?

15 A. Yeah, I believe that water withdrawals on the

16 Athabasca River are a cumulative issue. Not as

17 much project-specific. And Shell has committed to

18 following Phase II of the Water Management

19 Framework. And in particular, you know, we looked

20 at low flows being the period where increased

21 stress to the aquatic environment might occur,

22 Shell had committed already that they would be

23 willing to go to 0.2 cubic metres a second water

24 withdrawal, again reducing the overall impact of

25 their Project on the aquatic environment.

Realtime Connection [email protected] 3211

1 Q. And that 0.2 is for all of their mines?

2 A. Yes.

3 Q. Okay. Now, with respect to page, turning back to

4 page 21, you talk about the Water Management

5 Framework in the second full paragraph. That's PDF

6 page 24. Now, the second sentence, you say:

7

8 "The science suggests that

9 cumulative water withdrawals, even

10 when water withdrawals are

11 restricted, may result in negative

12 effects on fish habitat."

13

14 What restrictions are you talking about?

15 A. Well, it's basically saying that there are times

16 when the water withdrawal can affect fish habitat

17 even when they are withdrawing less than what their

18 normal demand would be.

19 Q. Okay. I was just wondering if you're talking about

20 the levels of restriction that are under Phase I of

21 the Water Management Framework or what was

22 considered for the potential Phase II?

23 A. I think it's just more of a general statement.

24 Q. Well, under the Phase I Management Framework, would

25 this sentence still be true, if there was

Realtime Connection [email protected] 3212

1 restrictions in accordance with that framework, is

2 there still a risk that there will be negative

3 effects on fish habitat?

4 A. Well, our science review of Phase I determined that

5 there are risks, that there's uncertainty. But

6 that considering the length of time that we likely

7 implemented, the risks are not overwhelming and

8 that it's a sound basis for the time being.

9 Q. That's what was determined back in 2007; correct?

10 A. That's right.

11 Q. And that was before this Project; correct?

12 A. Yes. But it's based on a system that would include

13 this Project, so the low-flow water withdrawal

14 restriction on Phase I, I believe is eight cubic

15 metres a second that would be in place regardless

16 of whether this Project was operating or not.

17 Q. All right. I want to jump over now to a climate

18 change issue, but this is raised in Environment

19 Canada's submission at page 39, which would be PDF

20 page 81. Issue 5.1. Would this be Mr. Bonsal who

21 wrote this section?

22 A. MR. BONSAL: Yes.

23 Q. Good afternoon.

24 Is it a fair summation here to say that

25 Shell's -- Environment Canada took several -- did

Realtime Connection [email protected] 3213

1 not agree with Shell's approach to assessing the

2 impacts of climate change on the Athabasca River?

3 A. On the Athabasca River itself? There was a couple

4 of different areas. There was tributaries to the

5 Athabasca and the Athabasca.

6 Q. And you took issue that they took two different

7 approaches?

8 A. To both of those, yes.

9 Q. All right. And maybe I'll just cut to the chase

10 here. As a result, you concluded that (as read):

11

12 "The Environmental Impact

13 Assessment by Golder underestimated

14 the range in contaminant

15 concentrations and predicted

16 biological effects of the Project."

17

18 That's the last sentence on page 39 of the

19 hard copy.

20 A. Since the inputs from the climate change

21 assumptions, the temperature and precipitation are

22 the driver of the water quality models, yes, that's

23 the conclusion that we did come to.

24 Q. I just wanted to understand it. So your conclusion

25 is that the concentrations of contaminants in the

Realtime Connection [email protected] 3214

1 rivers could be higher than predicted as a result

2 of the way the modelling was done by Golder in this

3 case?

4 A. Yes, we would agree with that.

5 Q. Sorry, who is sitting next to you? He seems to be

6 answering more of the question than you are.

7 A. MR. BOOTY: Dr. Bill Booty. I'm the

8 modelling expert who reviewed all the surface

9 quality modelling work done by Shell.

10 Q. All right. Thank you. I'll have some questions

11 for you in a moment, then.

12 And, as a result, does that apply both to the

13 Athabasca River and the Muskeg that the approach

14 that Golder took to modelling climate change could

15 mean that contaminants in those both rivers were

16 underestimated?

17 A. MR. BONSAL: Yes.

18 Q. Your friend is saying "yes"?

19 A. MR. BOOTY: Two different models but the

20 same inputs.

21 A. MR. BONSAL: I should clarify that I was

22 looking at the climate model inputs, that type of

23 modelling. And Bill was looking at the water

24 quality modelling. So kind of a tandem here.

25 Q. All right. Thank you.

Realtime Connection [email protected] 3215

1 And this also means as a result that

2 predictions regarding the biological impact, and by

3 that I understand to mean impacts to fish and

4 benthic invertebrates, could also be underestimated

5 in the Environmental Impact Assessment; is that

6 correct?

7 A. MR. BOOTY: Correct.

8 Q. Thank you. And does this conclusion at all relate

9 to the contaminants that are contained in the end

10 pit lakes that are proposed for this Project, is it

11 the same modelling and conclusion?

12 A. No.

13 Q. Now, that takes me to flow levels in the Athabasca

14 River. Does Environment Canada agree that flows in

15 the Athabasca River have been decreasing over time?

16 A. MR. BONSAL: It depends on what time

17 period you're referring to.

18 Q. 1958 to 2009, I believe?

19 A. The linear trend would show, yes, that they are

20 decreasing over that time period.

21 Q. Now, is that the assumption that you think is

22 reasonable for the purpose of modelling the effect

23 of climate change or assessing the impact of

24 climate change?

25 A. Just to clarify, you mean -what do you mean by

Realtime Connection [email protected] 3216

1 assumption? Like going into the future?

2 Q. Well, I guess, let me ask it this other way. Do

3 you agree that the data indicates that flow, the

4 flow levels in the river have been decreasing over

5 a 50-year period?

6 A. Yes, that's what the data show.

7 Q. And do you agree that that's associated with

8 climate change?

9 A. No, I would not go as far to say that that's

10 associated with climate change.

11 Q. What would you say that the cause of that is?

12 A. There could be a few different causes. If you look

13 at the actual time series, it's made up of a lot of

14 different cycles. So there'll be high-flow

15 periods, low-flow periods, which is just the

16 natural variability of the region. So that's

17 within the time series. And then depending on

18 where you look at the linear trend within that

19 series, depending on which part of the cycles

20 you're in, you can get very different answers as to

21 whether you're having an increasing or decreasing

22 trend depending on where exactly that time period

23 is. Does that make sense?

24 Q. Yes, it does. So in your opinion, the 50 years of

25 data, does that tell us anything about climate

Realtime Connection [email protected] 3217

1 change?

2 A. It may be an indication, but I think, depending on

3 how far you're going into the future, it might not

4 be the whole story.

5 Q. And what would the whole story need to take into

6 account?

7 A. In my opinion, you need to take into account global

8 climate models or climate modelling to see the

9 future projections of the inputs to flow,

10 particularly temperature and precipitation, show

11 for the future period.

12 Q. Are the models indicating that the effects of

13 climate change are going to, like, speed up in time

14 going into the future or become more intense?

15 A. For certain variables, especially for temperature,

16 I would agree with you that some of the scenarios

17 are showing a ramping up of the temperature, not a

18 linear trend.

19 Q. Okay. So is it fair, then, fair summary to say

20 that what we should be most concerned about then is

21 looking at projected trends into the future rather

22 than looking at what's happened with flow levels

23 historically?

24 A. To properly do a climate change assessment into the

25 future, I would -- could you repeat that again so I

Realtime Connection [email protected] 3218

1 got that 100 percent straight.

2 Q. I'm trying to figure out what the Panel should be

3 concerned about. Should they be focusing on the

4 modelling and the inputs into the model in terms of

5 impacts of climate change on the Project going

6 forward, as opposed to looking for evidence of

7 climate change in historical flow levels?

8 A. Yes, I would say the former is more important in a

9 climate change assessment. Yes. And that is our

10 recommendation within our evidence filed.

11 Q. Now, Mr. Makowecki, I think you were at the first

12 Jackpine Mine hearing, does my memory serve me

13 correctly?

14 A. Yes, that's right.

15 Q. And 2005?

16 A. 2003, I think.

17 Q. Sorry, 2003. And at that time, DFO said it would

18 make every effort to get an in-stream flow needs

19 framework in place by 2005?

20 A. I remember the year, I can't remember exactly the

21 commitment.

22 Q. Okay. Well, I think I can short-circuit this by

23 asking you some questions about a particular

24 document. I'm going to show you a report from the

25 Office of the Auditor General of Canada, which is

Realtime Connection [email protected] 3219

1 dated August, it's about a petition that somebody

2 named Matt Price submitted to the Auditor General,

3 August 6th, 2008, about the status of various

4 recommendations in the oil sands. It includes an

5 official reply by the Department of Fisheries. And

6 that's what I'm going to be providing.

7 Now, at page 12 of that document, using the

8 page numbers at the top of the page, it starts

9 actually the bottom of page 11.

10 A. Mine goes from page 7 to 18.

11 Q. Okay. Have you got page 11, then?

12 A. Sorry, it stops at page 7 and then goes all the way

13 to page 18. So I do not.

14 Q. My apologies. We have a few pages missing from the

15 copy. I just gave you my copy.

16 Now, DFO's response to the petition back in

17 2008 was twofold: One, that DFO said it would make

18 every effort to get an IFN in place by 2005; and

19 secondly, that it was critically important to

20 mitigate against the cumulative environmental

21 effects associated with water withdrawals from the

22 Athabasca River. Is that correct?

23 A. Yes.

24 Q. And you agree with me that was the official

25 position of DFO as of 2008?

Realtime Connection [email protected] 3220

1 A. Yeah, I think that's what we believe, that is what

2 we believe today. Having said that, we've learned

3 a lot about the impacts of this industry by itself

4 on the Athabasca River in recent times.

5 Q. I hope so because you've been studying it for a

6 long time.

7 A. I know.

8 Q. So as a result of following up on a first Jackpine

9 Mine hearing in 2006, the Interim Framework was put

10 in place; is that correct?

11 A. Phase I of the Water Management Framework?

12 Q. Yes.

13 A. Yes.

14 Q. And work on Phase II began in 2007?

15 A. Yes, I think that's right.

16 Q. And then when we were at the Joint Review Panel

17 hearings for the Imperial Oil Kearl Project, you

18 were there as well; correct?

19 A. I was.

20 Q. And at that time the Panel recommended that DFO,

21 Alberta Environment, industry and stakeholders

22 devote the resources, staff and funding to ensure

23 Phase II would be implemented by January of 2011.

24 Is that a fair representation of the Panel's

25 recommendation?

Realtime Connection [email protected] 3221

1 A. Yes, I think so.

2 Q. All right. And at page 18 of the document I gave

3 you, DFO's response to Matt Price's petition, DFO

4 said it was working to implement the Phase II

5 Framework by 2011. Sorry, that was on page 19. It

6 doesn't matter if it's in that document. If you

7 remember, that that was DFO's plan at one time?

8 A. Yes, I believe that was our plan.

9 Q. There was a consultation process with stakeholders

10 that was undertaken to develop the Phase II, and

11 that consultation process was completed in

12 February of 2010; is that correct?

13 A. Yeah, I wouldn't characterize it as a "consultation

14 process," although it included a wide range of

15 stakeholders. It was really the science work that

16 went into understanding how water withdrawals might

17 affect fish and fish habitat as well as the

18 economics of the impacts that might occur as well

19 as impacts on the socio-economics.

20 Q. There was tables of stakeholders who tried to come

21 up with a consensus recommendation on the Phase II;

22 is that correct?

23 A. That's right.

24 MS. BUSS: I'm wondering before I move

25 on, Mr. Chairman, if we could mark the excerpts

Realtime Connection [email protected] 3222

1 from the DFO's Response to Matt Price's Petition of

2 2008 to the Auditor General.

3 THE CHAIRMAN: And you'll get us corrected

4 copies?

5 MS. BUSS: Sorry?

6 THE CHAIRMAN: You said there are pages

7 missing.

8 MS. BUSS: Yes, and I'll provide you a

9 full copy for the record.

10 THE CHAIRMAN: We'll reserve 017-046.

11

12 EXHIBIT 017-046: OFFICE OF THE AUDITOR GENERAL

13 OF CANADA, PETITION

14

15 Q. MS. BUSS: All right.

16 I have as well, for you, Mr. Makowecki, a

17 copy of the, a summary of the Science Advisory

18 Report that was undertaken by DFO in response to

19 one of the proposals in the Phase 2 Framework.

20 You're probably intimately familiar with it, but I

21 will give you a copy.

22 This is a summary, is it not, Mr. Makowecki,

23 of the Scientific Evaluation of Environmental Flows

24 that DFO undertook in 2010?

25 A. It appears to be.

Realtime Connection [email protected] 3223

1 Q. And is it accurate that although uncertainty still

2 remained around what constitutes an EBF, which I

3 understand to be an Ecological Base Flow, there was

4 concurrence that a flow should be established for

5 the Lower Athabasca River below which there would

6 be no water withdrawals. Is that a fair statement

7 from the conclusion of the Scientific Advisory

8 Evaluation?

9 A. I think the group agreed that continued work should

10 happen to further attempt to define that number,

11 yes.

12 Q. But there was general agreement that a flow should

13 be established below which no water withdrawals

14 would be permitted?

15 A. I think the general agreement was that there

16 probably is a number somewhere that would represent

17 a flow below which no water withdrawals should take

18 place.

19 Q. And this was the participants in the Scientific

20 Review; correct?

21 A. That's correct.

22 Q. And the Scientific Review participants also agreed

23 that the flow should be established on a

24 precautionary approach?

25 A. Yes, that's true.

Realtime Connection [email protected] 3224

1 Q. And the participants in this Scientific Evaluation

2 would have been scientists; correct?

3 A. For the most part. Yeah, for the most part.

4 Q. All right. And now here we are in November of 2012

5 and there's still no Ecological Base Flow for the

6 river; is that correct?

7 A. That's right. Today we don't have an EBF in place.

8 So one of the things, though, that is probably

9 worth elaborating on is that the work that was

10 done, put some I guess readjusted our, the concern

11 we had with requiring one. I think when we look at

12 some of our responses, even what you had provided

13 earlier in response to the Office of the Auditor

14 General, and the way Panel had looked at the

15 evidence provided in 2006, there was some concern

16 that the industry, as we had it then and was likely

17 to come very shortly, would and could withdraw

18 water to a point where we would -- or basically

19 there'd be an impact to the river that would be

20 irreversible.

21 I think we did a lot of work, a lot of good

22 work with a broad range of people with some very

23 good skills and expertise, a lot of good science,

24 and we determined that with a growth scenario that

25 we were evaluating, which is an oil sands industry

Realtime Connection [email protected] 3225

1 that's larger than the Project that we have in

2 front of us today would contribute to, that there

3 would be, that there's time to figure that out.

4 And even still, we had, although we couldn't

5 come to a specifically science-based number, that

6 we would specifically ramp down water withdrawals,

7 we got to a point where, for all intents and

8 purposes, that recommendation would include an

9 Ecosystem Base Flow for all new operators.

10 Q. Okay. And this was the second Scientific Review of

11 the In-Stream Flow Needs for the Athabasca River;

12 correct?

13 A. Yes.

14 Q. There was one prior to release of Phase I; correct?

15 A. That's correct. I'm referring to the one I believe

16 you gave me the summary for.

17 Q. Yes, the second one in 2010.

18 And both Scientific Reviews recommended a

19 minimum flow level be established; correct?

20 A. Yeah, both recommended that work be undertaken to

21 determine where an EBF might need to be placed.

22 Q. Well, in fact, if I recall correctly, your Science

23 Review Panel back in 2006 recommended that

24 particular number; is that correct?

25 A. I'd have to double-check that. I don't recall

Realtime Connection [email protected] 3226

1 that.

2 MS. BUSS: All right. Well, I would be

3 happy to take that as an undertaking; to confirm

4 that, back in 2006, the Scientific Review or

5 evaluation undertaken by DFO, recommended an EBF

6 number.

7

8 UNDERTAKING 40: TO CONFIRM THAT, BACK IN 2006,

9 THE SCIENTIFIC REVIEW OR EVALUATION UNDERTAKEN BY

10 DFO, RECOMMENDED AN EBF NUMBER

11

12 Q. MS. BUSS: Mr. Makowecki, do you agree

13 that it would be precautionary to have such a

14 number?

15 MR. LAMBRECHT: I just want to make sure that

16 the witnesses are content with the undertaking as

17 it was framed.

18 A. MR. MAKOWECKI: I think so.

19 MR. LAMBRECHT: All right, thank you.

20 A. It would be precautionary to have a number.

21 Q. MS. BUSS: Thank you. At page 17 of

22 your submission, there's a discussion regarding the

23 Compensation Lake. And it's at PDF page 20. And

24 there's a discussion about in the third paragraph,

25 it says:

Realtime Connection [email protected] 3227

1

2 "DFO is aware of methyl

3 mercury issues associated with

4 constructed waterbodies."

5

6 And then in the next paragraph you say:

7

8 "Based on the literature

9 about boreal forest reservoirs,

10 elevated mercury in fish tissue

11 lasts a maximum of 20 to 30 years

12 without the implementation of

13 mitigation measures."

14

15 And then you go on to talk about the

16 mitigation measures which include: Removing large

17 bodied fish from the lake; removal of terrestrial

18 vegetation; and the temporary isolation of fish

19 until mercury levels subside.

20 What do you mean by the "temporary isolation

21 of fish"?

22 A. Well, what we meant, I guess, was that the fish

23 could be contained within the no net loss lake, so

24 they wouldn't be moving downstream into other

25 environments where people might be fishing them.

Realtime Connection [email protected] 3228

1 Q. Okay. And fishing them would be prohibited in the

2 lake?

3 A. Well, we don't set the rules around that. I think

4 that what would happen is people would be aware of

5 what mercury levels would be. So it would be our

6 intention, if we could, advise those that would

7 actually be able to restrict access is to actually

8 restrict access not only for this potential issue,

9 but for our ability to assess the productivity of

10 the lake prior to unmeasured harvest.

11 Q. Is it true that removing the terrestrial vegetation

12 would not have a significant effect on the mercury

13 levels?

14 A. I'm certainly not an expert in mercury, and so

15 we've taken information from Shell and, you know,

16 this is their proposal and we have no reason to

17 believe that the information they've provided us

18 isn't accurate.

19 Q. Well, Mr. Berryman, do you know something about

20 whether the removal of vegetation from a

21 Compensation Lake would have any significant impact

22 over the mercury levels?

23 A. MR. BERRYMAN: I'm not a mercury expert,

24 but I would imagine removing -- well, Shell

25 proposes removing this vegetation to help decrease

Realtime Connection [email protected] 3229

1 the amount of mercury that would be uptaken into

2 fish throughout time. And I'm not sure if there's

3 a timeline associated with that.

4 Q. Would it be fair to say, then, that mercury would

5 continue to be an issue for 20 to 30 years

6 regardless?

7 A. MR. MAKOWECKI: The literature that we've

8 looked at and I think that Shell's looked at

9 suggests that that would be 20 to 30 years without

10 the implementation of any mitigation measures. So

11 there were things proposed. I'm not sure that we

12 can comment on the effectiveness of those

13 mitigation measures specifically, but as far as we

14 understand, Shell's proposal to remove vegetation

15 as well as remove large-bodied fish would

16 contribute potentially to shorter periods of time

17 of maximum elevated mercury levels.

18 Q. Okay. So the jury's out, would that be fair to

19 say, we don't know what effect these mitigation

20 measures would have, or you don't know, apparently?

21 A. I think it's fair to say that we don't have

22 specific expertise. There seems to be some body of

23 work on the subject, though, that would suggest

24 that there's some knowledge that would conclude

25 that there are in fact some mitigation measures

Realtime Connection [email protected] 3230

1 that would minimize or reduce the longevity of

2 methyl mercury in the lake.

3 Q. Well, before approving this proposed lake as

4 compensation, is this something that DFO is going

5 to find out?

6 A. Well, it's a Draft No Net Loss Plan, and we would

7 continue to work with stakeholders in the region

8 and continue to ask questions. I think there's,

9 you know, new information all the time, as we have

10 been discussing here today, and so some of that

11 information might generate new questions from our

12 perspective.

13 But what we understood as the potential for

14 mercury in this lake is that it's manageable and

15 that the amount of time we'd expect mercury to be

16 elevated is within a range of time that we would

17 likely expect there to be ongoing work and study to

18 determine the actual productivity of the lake prior

19 to it being open for public consumption of fish.

20 Q. I'm just surprised that you don't have the

21 expertise, though, to opine on that, you've told us

22 already that nobody has that information in DFO?

23 A. There are some scientists that we can access. And

24 inside DFO, outside DFO, academics, as well as

25 folks in Environment Canada. So we would look at

Realtime Connection [email protected] 3231

1 employing all those options to gather information.

2 Q. Is it true, then, that we don't know whether the

3 fish habitat loss from this Project will be

4 compensated yet?

5 A. Well, we believe that it will be compensated for as

6 long as monitoring is undertaken to demonstrate

7 what the effectiveness of compensation ends up

8 being and that Shell commits to following up if

9 impacts are greater than first anticipated.

10 Q. But I thought you said you were going to consult

11 with stakeholders first about this plan?

12 A. I don't believe my answer precluded that.

13 Q. Okay. So you're going to consult with them. And

14 what if the end of the consultation is that a

15 Compensation Lake isn't a good idea because of

16 mercury or whatever reason?

17 A. Then we would look for other options to compensate.

18 Q. What are those?

19 A. Well, there's a hierarchy of preferences, including

20 stocking. So we could move the compensation

21 outside of this area to -- there are other options

22 to compensate in this area. This isn't the first

23 compensation proposal. So there are -- so

24 there's -- there are options.

25 Q. Like putting more fish in existing lakes, is that

Realtime Connection [email protected] 3232

1 what you mean by stocking?

2 A. Yeah, putting more fish into the Athabasca River,

3 into existing waterbodies, that is one option.

4 Q. That's an option for how many, 18,000, how many

5 square kilometres of fish habitat do you need to

6 replace?

7 A. Well, it's not, strictly, simply just a number. We

8 determine the value of that habitat based on the

9 species that are present through habitat

10 suitability models. But it...

11 Q. It's a large amount of habitat replacement?

12 A. It is a large amount.

13 Q. And is it conceivable that that could be replaced

14 by fish stocking?

15 A. You know, I think they stock fish on the Pacific

16 Coast for fishing in the ocean, so I suppose, yes.

17 Q. The ocean's a bit bigger than the Athabasca River,

18 right?

19 A. Exactly.

20 Q. Okay, so those other options haven't been

21 evaluated?

22 A. The other options haven't been evaluated.

23 Q. Okay. And the period of time that mercury may be

24 elevated in the lake, assuming one is built, over

25 the next 20 to 30 years, during that time, does

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1 that lake count as habitat compensation?

2 A. If it's not able to contribute downstream, in that

3 we have to isolate fish to ensure that they are

4 maintained, then that would go against the value of

5 it at that time. Which is why compensation ratios

6 aren't, you know, specifically 1:1, there's lots of

7 uncertainty.

8 Q. But does it become fish habitat when the fish are

9 fit for consumption?

10 A. Yes.

11 Q. Okay. So there's a period of time, maybe 20-30

12 years when the habitat and fish that are lost by

13 this Project won't be compensated for in making

14 another fishery available?

15 A. Well, it would depend on the monitoring results and

16 whether or not the fish have to be isolated.

17 Q. But for so long as their mercury levels are

18 elevated?

19 A. That's right.

20 Q. Okay. Now, I want to turn to some questions about

21 RAMP. I understand that DFO is a member of the

22 Steering Committee of RAMP; is that right?

23 A. We are, yes.

24 Q. Who particularly is on it?

25 A. Marek Janowicz, yes.

Realtime Connection [email protected] 3234

1 Q. I'm sorry if I'm mispronouncing your name. Good

2 afternoon.

3 A. MR. JANOWICZ: Good afternoon.

4 Q. Now, one of the objectives of RAMP is to monitor

5 the aquatic environment in the Athabasca Oil Sands

6 Region to detect and assess cumulative effects and

7 regional trends; is that correct?

8 A. I think that's what it states in the terms of

9 reference for this group.

10 Q. And have you reviewed Shell's Environmental Impact

11 Assessment for this Application?

12 A. Within my area of expertise, yes.

13 Q. And is it true that RAMP data informs a lot of the

14 predictions with respect to aquatic impacts in

15 Shell's EIA?

16 A. I think it informs the predictions, but to

17 quantify, I'm not really sure I can do that.

18 Q. Okay. Now, I would like you to turn to page 22 of

19 DFO's submission, PDF 25, Section 7.2.

20 A. MR. MAKOWECKI: Just on this pause, I just

21 wanted to make sure I answered the question that

22 you asked me just before you moved on to RAMP

23 properly. And I think I heard the word "elevated"

24 or "isolated", sorry, when you said the word

25 "elevated".

Realtime Connection [email protected] 3235

1 Q. Yes.

2 A. So your question as to whether or not it would

3 count as far as compensation goes, if the fish were

4 isolated and unable to contribute to the natural

5 ecosystem, then that wouldn't be considered very

6 effective compensation. There's no doubt about

7 that.

8 If the fish were elevated in some way but

9 still able to contribute to the productivity of the

10 natural ecosystem, then we would consider that

11 compensation.

12 The fish in the natural ecosystem today have

13 elevated levels of mercury.

14 Q. Okay. So these fish would be considered

15 compensation in the Compensation Lake provided they

16 don't have higher mercury levels than what would be

17 found in fish in comparable lakes; would that be

18 fair?

19 A. Well, what we would look at is we would request

20 advice on human consumption guidelines and

21 advisories and we would make decisions around that.

22 Q. Okay. So unless they are fit to eat, they are

23 going to have reduced value as compensation; is

24 that correct?

25 A. That's fair.

Realtime Connection [email protected] 3236

1 Q. Okay.

2 A. But it is related to the ability to provide

3 productivity to the natural ecosystem.

4 Q. Okay. I'm turning to page 22 of your submissions,

5 subsection 7.2, fourth paragraph. Have you found

6 that?

7 A. Yes.

8 Q. Okay. It says that:

9

10 "Assessing the influence of

11 oil sands development on the status

12 of commercial, recreational and

13 Aboriginal fisheries and the fish

14 and fish habitat that support them

15 is challenging. The review of the

16 monitoring information to date

17 indicates there is limited spatial

18 coverage within the fish population

19 dataset, a lack of reference areas

20 and sites, a limited number of

21 years of information gathered and

22 the complication of alterations to

23 the sampling design between years.

24 These factors make it difficult to

25 establish the level of natural

Realtime Connection [email protected] 3237

1 variability of fish populations at

2 the regional level."

3

4 Now, when you're speaking about in this

5 paragraph "the monitoring data to date," are you

6 referring to RAMP data?

7 A. MR. JANOWICZ: That includes RAMP data.

8 Q. And Alberta Environment data?

9 A. Yes.

10 Q. Now, are you familiar with the Auditor General's

11 Report 2001, he had a chapter where he audited the

12 assessment of cumulative environmental impacts on

13 oil sands projects between 1997 and 2007?

14 A. You're talking about 2001 report or 2011?

15 Q. No, I believe I misstated the date. No, it's dated

16 October 2011.

17 A. Okay.

18 A. MR. MAKOWECKI: We're familiar with that.

19 MS. BUSS: Mr. Chairman, I failed to

20 make a note as to whether I had marked the DFO

21 Scientific Evaluation of Phase 2 Water Management

22 Framework summary page as an exhibit.

23 THE CHAIRMAN: 017-047.

24

25 EXHIBIT 017-047: SCIENCE ADVISORY REPORT

Realtime Connection [email protected] 3238

1 2010/055, SCIENCE EVALUATION OF INSTREAM FLOW

2 NEEDS (IFN) FOR THE LOWER ATHABASCA RIVER

3

4 MS. BUSS: And before I forget, I'm

5 wondering if we can mark the next exhibit right

6 away, which is October 2011 Report of the

7 Commissioner of Environment and Sustainable

8 Development. Sorry, I misdescribed this report to

9 the witness. And it's Chapter 2, Assessing

10 Cumulative Environmental Effects of Oil Sands

11 Projects: Published by the Office of the Auditor

12 General of Canada.

13 THE CHAIRMAN: 017-048.

14

15 EXHIBIT 017-048: CHAPTER 2, ASSESSING CUMULATIVE

16 ENVIRONMENTAL EFFECTS OF OIL SANDS PROJECTS

17

18 Q. MS. BUSS: Now, Mr. Janowicz, would

19 you be so kind to confirm that this was a review of

20 the effectiveness of the Department of Fisheries

21 and Oceans and Environments Canada's assessment of

22 major Oil Sands Projects from 1999 to 2007, in

23 other words, from Suncor Millennium Mine to the

24 Kearl Project?

25 A. Well, I am not that familiar with this report to

Realtime Connection [email protected] 3239

1 confirm that. Definitely we've participated in the

2 audit and we responded to questions that were

3 posted by the Office of the Auditor General.

4 Q. Okay. I'll find that reference. It's stated in

5 the documents.

6 Anyway, you don't have any reason to believe

7 that's not what it's about?

8 A. No.

9 Q. Sorry, page 81 of the document, the last page I

10 handed you. There's a section it says "period

11 covered."

12 A. Okay.

13 Q. And I take it, then, that you participated,

14 Mr. Janowicz in this audit?

15 A. Yes.

16 Q. Now at page 62, there's a statement under a heading

17 "Why it's important". Would you mind reading that

18 paragraph out for us.

19 A. Okay.

20

21 "Considering cumulative

22 environmental effects as part of

23 the environmental assessment

24 process is important to protect the

25 environment in areas where multiple

Realtime Connection [email protected] 3240

1 large-scale projects operate or are

2 planned. Assessing cumulative

3 effects requires information on

4 potentially affected ecosystems,

5 including baseline information and

6 the carrying capacity of given

7 terrestrial and aquatic ecosystems,

8 so that federal authorities can

9 appropriately analyze the

10 environmental effects of a project

11 in relation to other projects.

12 Failure to predict cumulative

13 environmental effects and

14 incorporate appropriate mitigation

15 measures into the design and

16 implementation of a project before

17 the project is constructed can lead

18 to a significant environmental

19 degradation as well as increased

20 costs."

21

22 Q. And when it refers to "carrying capacity of given

23 terrestrial and aquatic ecosystems," what does that

24 refer to?

25 A. I guess in general terms, how much the ecosystem

Realtime Connection [email protected] 3241

1 can withstand changes until they are irreversible,

2 or significant.

3 Q. All right. And that's one of the reasons that

4 baseline information is gathered; is that correct?

5 A. In the real world, yes.

6 Q. Now, the conclusion of the report or the Auditor's

7 Report is in the next paragraph. And what he found

8 was, or she found:

9

10 "Incomplete environmental

11 baselines and environmental data

12 monitoring systems needed to

13 understand changing environmental

14 conditions in northern Alberta have

15 hindered the ability of Fisheries

16 and Oceans Canada and Environment

17 Canada to consider in a thorough

18 and systematic manner the

19 cumulative environmental effects of

20 oil sands projects in that area."

21

22 Did DFO agree with that assessment?

23 A. MR. MAKOWECKI: I think in a general sense we

24 agree with that.

25 Q. I believe that your department accepted all of the

Realtime Connection [email protected] 3242

1 Commissioner's recommendations?

2 A. I believe so.

3 Q. And did this problem of incomplete baseline and

4 environmental data monitoring systems, did that

5 also affect your submission for this Project?

6 A. What do you mean "affect"?

7 Q. Well, the incomplete environmental baselines and

8 the environmental data monitoring systems needed to

9 understand the changing environmental conditions in

10 northern Alberta, that gap still exists as of

11 today; correct?

12 A. There are components that we don't fully

13 understand. For example, the Muskeg River in the

14 '80s seemed to have significantly more grayling

15 going up than it does today. And it's not fully

16 understood as to why. We don't know that we have a

17 good understanding of what the baseline was in the

18 '80s. However, we do have good information today

19 to understand the fisheries resources that

20 currently exist in the Muskeg River. And so as a

21 baseline condition of using that as today's case,

22 we believe we understand how this Project is likely

23 to impact the fishery's resources in the area that

24 will be disturbed.

25 Q. But this paragraph, the finding of the commission

Realtime Connection [email protected] 3243

1 related to the cumulative environmental impacts of

2 oil sands projects?

3 A. Right. And so I'd go back to arctic grayling and

4 say that, you know, the cumulative effect of oil

5 sands projects has the potential to impact arctic

6 grayling in a way that we don't fully understand,

7 because I don't believe we fully have a good

8 baseline set for the distribution of arctic

9 grayling in north-eastern Alberta, for instance.

10 Q. Okay, so that's one example. But you agree with me

11 that not only this report, but several others,

12 have, around the same time period, identified

13 pretty significant deficiencies in baseline

14 environmental data monitoring that's informed the

15 environmental assessment work in the oil sands up

16 to date? We can look at the next one if you want.

17 For example, the Oil Sands Advisory Panel to the

18 Federal Minister of the Environment came to a

19 similar conclusion, did it not?

20 A. I'd let Environment Canada comment on that.

21 Q. Okay. So you haven't reviewed it?

22 A. That panel report?

23 Q. Yes.

24 A. I've looked at it briefly. I wouldn't say that --

25 if you ask me a question about it and turn me to a

Realtime Connection [email protected] 3244

1 page, I may have an answer. But there are better

2 people here.

3 Q. I will ask Environment Canada. I was just

4 surprised, because being on the Steering Committee

5 of RAMP -- I'm sorry, Mr. Janowicz. That report

6 would have been read by the Steering Committee, I

7 would assume; is that right, Mr. Janowicz?

8 A. MR. JANOWICZ: I can't speak for the other

9 members of the Steering Committee, but definitely

10 we looked at this report. And you know what, at

11 the same time there were like two or three

12 different reports, I don't remember which one is

13 which, sorry. But it's very hard to disagree with

14 Advisory Panel. It was basically people that were

15 on the panel were, like, very respected scientists,

16 so I'm not going to disagree.

17 Q. Okay. Now, did Environment Canada accept the

18 findings and conclusions of the report of the

19 Commissioner of Environmental and Sustainable

20 Development in this Report of October 2011?

21 A. MS. BARANIECKI: I believe we did.

22 Q. Now, I understand that some measures have been put

23 in place to fix these deficiencies identified. And

24 one of them might be this joint, new joint

25 monitoring program. Now, is there any others?

Realtime Connection [email protected] 3245

1 A. I guess maybe this might be a good point in time,

2 Mr. Chairman and Panel Members, to just I guess

3 confirm that I think the monitoring plan is a very

4 comprehensive program that's being established and

5 implemented right now, meant to address obviously

6 these recommendations that came out of a number of

7 reports pointing to the need for increased baseline

8 data in order to understand the impacts and

9 understand what's going on on the landscape within

10 a cumulative and a regional scale. So I would say

11 that, yes, in fact, in response to a number of

12 these reports, Environment Canada and obviously

13 working with Alberta as a joint plan, have been

14 working very hard to implement this program in --

15 Q. Can I just stop you a minute. My question was was

16 there any other response? Are you going to get to

17 that question, other than any other action taken

18 other than this joint, new joint monitoring plan?

19 A. I'm not sure --

20 Q. To respond to this report and the others like it.

21 A. I think that question, it's a bit difficult to

22 answer in the sense that, what I was about to get

23 to, as that joint monitoring plan, there's a number

24 of components. So it would be I guess not accurate

25 to say that that's the only thing because in fact

Realtime Connection [email protected] 3246

1 it's a large comprehensive plan with a number of

2 facets.

3 Q. So it's the only thing but it's a big thing?

4 A. I guess that would be a fair characterization.

5 Q. Okay. And that is a plan at this stage that's in

6 the process of being operationalized over the next

7 few years?

8 A. MS. CHAMBERS: It is operational at the

9 moment. The joint plan between Canada and Alberta

10 was approved I believe it was in February of 2012.

11 And we began implementing that plan, bits and

12 pieces had already been started before then under

13 other research auspices, and of course there'd been

14 some monitoring on behalf of Environment Canada

15 that had been going on for decades.

16 The plan was really needed to bring all these

17 disparate bits together and to join them and to

18 thread them together into a unit so that we could

19 make cumulative effects assessment.

20 And so in that regard, the plan has started

21 being implemented in the last, well, in this past

22 spring, and continues to be rolled out over the

23 next couple of years.

24 Q. Has the on-the-ground monitoring changed yet?

25 A. Oh, yes. I mean, our Minister, Minister Kent was

Realtime Connection [email protected] 3247

1 out -- I met with his counterpart from Alberta in

2 July and went to a number of the sites where we had

3 implemented new monitoring, installed new devices,

4 and had new work going on.

5 Q. And those were installed in 2012?

6 A. Yes.

7 Q. Okay. And so the results of that work has not been

8 incorporated in the Project Review for the JPME

9 Expansion?

10 A. Came at too late a point.

11 Q. Okay. So I just handed you the report submitted to

12 the Minister of Environment. I believe at that

13 time it was Minister Prentice who commissioned this

14 report; is that correct?

15 A. I can't say for sure.

16 Q. He appointed the Oil Sands Advisory Panel chaired

17 by Liz Dowdeswell?

18 A. Dowdeswell.

19 Q. And they produced a report entitled "The Foundation

20 for the Future: Building an Environmental

21 Monitoring System for the Oil Sands"?

22 A. MS. BARANIECKI: Just one quick point of

23 clarification, it was Minister Baird who actually

24 accepted the report, but.

25 Q. Okay, because Prentice had left by that point?

Realtime Connection [email protected] 3248

1 A. Yes.

2 Q. This was his last act. Maybe end of a chapter

3 anyway.

4 MS. BUSS: So may we mark this as an

5 exhibit, I think we're on 049, Mr. Chairman.

6 THE CHAIRMAN: That's right.

7

8 EXHIBIT 017-049: OILSANDS ADVISORY PANEL, "A

9 FOUNDATION FOR THE FUTURE: BUILDING AN

10 ENVIRONMENTAL MONITORING SYSTEM FOR THE OIL SANDS"

11

12 Q. MS. BUSS: Now, it sounds like

13 Dr. Chambers might be the most informed with

14 respect to this report. Could you turn to page 33.

15 A. M'mm-hmm.

16 Q. Okay.

17 A. MS. CHAMBERS: Okay.

18 Q. And the first paragraph, it starts with the

19 sentence:

20

21 "We observed that while on

22 the surface the multi-stakeholder

23 approaches often appear equitable

24 and balanced, they lack clearly

25 defined and recognized and accepted

Realtime Connection [email protected] 3249

1 leadership. An holistic and

2 systemic perspective, a clearly

3 focused set of objectives, and a

4 statistically sound decision-making

5 process that can allow for adaptive

6 management in a rapidly changing

7 oil sands environment does not

8 exist."

9

10 Now, does Environment Canada agree that that

11 last sentence sets out the criteria that must be in

12 place in order for adaptive management to work?

13 A. So you're asking, then, does adaptive management in

14 order to be successful require a holistic and

15 systemic perspective, clear set of objectives,

16 statistically sound decision-making process?

17 Q. Yes.

18 A. I would say that's a good portion of what adaptive

19 management requires.

20 Q. And what's the other portion?

21 A. It doesn't talk about the data and data collection

22 and those actual on-the-ground parts.

23 Q. That getting those done systematically and getting

24 it done right --

25 A. Holistically, yes, is very important.

Realtime Connection [email protected] 3250

1 Q. And those are all prerequisites to adaptive

2 management?

3 A. You mean the data acquisition, yes, it's imperative

4 for adaptive management.

5 Q. And then skipping to the third paragraph, it says:

6

7 "While some of the elements

8 of an integrated, coordinated

9 system can be seen working in WBEA,

10 and to some extent in CEMA, they

11 were most noticeably lacking in

12 RAMP."

13

14 And then it goes on to say that:

15

16 "... it was not designed to

17 be systemic, holistic or adaptive",

18 and there was "little integration

19 across media or with other

20 organizations..."

21

22 And it has in that paragraph a whole series

23 of deficiencies, including that:

24

25 "The program suffers from a

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1 lack of scientific leadership, it

2 is not focused on hypothesis

3 testing (i.e., the sampling program

4 design is not effects based). It

5 is not producing world-class

6 scientific output in a transparent,

7 peer-reviewed format and it is not

8 adequately communicating its

9 results to the scientific community

10 or the public."

11

12 Now, that would indicate that adaptive

13 management capability is hampered if one just

14 relied on the RAMP program; correct?

15 A. Yes, that's correct.

16 Q. And if we turn over to page 34, the first full

17 paragraph, that says:

18

19 "In addition to the

20 established monitoring programs,

21 there are significant

22 academic-based environmental

23 research activities concerning

24 water quality in the oil sands

25 region. Several of these studies

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1 have produced important results

2 that challenge some of the

3 assertions made by some of the

4 ongoing monitoring efforts. The

5 inability of the institutional

6 monitoring programs to explain the

7 water quality issues raised in the

8 research is of concern."

9

10 Now, it would appear that the Scientific

11 Review Panel who wrote this report thought that the

12 scientific research was important to take into

13 account. And would you, Environment, agree that

14 it's important for this Panel to be informed about

15 and consider the scientific research that is being

16 conducted and is being published related to oil

17 sands?

18 A. This report says that it's "significant

19 academic-based environmental research," and I would

20 certainly agree with that.

21 Q. And would you agree that it would be wise for the

22 Panel to rely not just solely on consultants'

23 reports?

24 A. I think we've got to make best use of all the

25 knowledge that's available to us in the region and

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1 applicable knowledge from outside the region.

2 Q. Now, both Environment Canada and DFO are

3 participants in CEMA; is that correct?

4 A. That's correct.

5 A. MS. BARANIECKI: Yes, that's correct.

6 Q. Now, there was a recent letter from the Canadian

7 Association of Petroleum Producers that was sent to

8 Minister McQueen for Alberta and to Minister Kent

9 for the Federal Ministry of Environment. I believe

10 you've seen this letter?

11 A. No.

12 Q. Sorry, I meant to provide a copy yesterday. Can

13 you confirm if anybody on your panel has seen this

14 letter before?

15 A. No.

16 Q. You might have to answer this by undertaking, then.

17 If you look at page 2 --

18 A. MR. MAKOWECKI: I didn't have a look at the

19 letter.

20 Q. Again, I seem to have run out of copies.

21 A. So I'm familiar with that letter. I think it was

22 reported on in the media at the time of its

23 release.

24 Q. Besides your personal familiarity, has it been

25 considered by Department of Fisheries and Oceans?

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1 A. If my perspective is that the letter generally

2 expressed concern about the role of RAMP in the

3 region, then we have considered that concern. And

4 DFO believes that -- sorry not RAMP, CEMA. DFO

5 believes that a regional group made up of

6 multi-stakeholders is important. Whether it should

7 be CEMA, you know, forever, it is to be debated, I

8 suppose. But the idea that a multi-stakeholder

9 group be available to government to work on

10 developing solutions is something we support.

11 Q. Okay, well, in this letter at page 2, second

12 paragraph from the bottom, it says, referring to

13 CAPP:

14

15 "However, we do not see the

16 merit in continuing roles for both

17 CEMA and RAMP and we encourage

18 Alberta to wind down these

19 particular entities as

20 expeditiously as possible. This is

21 important to assure appropriate

22 oversight, as well as cost

23 management and efficiency."

24

25 So does DFO have a position on that

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1 recommendation to wind down CEMA and RAMP?

2 A. We just have a position related to the importance

3 of having a multi-stakeholder group in the region

4 which we can consult with and discuss issues and

5 develop solutions.

6 So as it relates specifically to the

7 recommendation on those two groups, we haven't

8 considered whether or not in particular that that

9 should or shouldn't happen, but we believe that

10 there needs, if it were to be contemplated by

11 Alberta, we do believe a substitution of some kind,

12 another forum for that type of discussion, should

13 be --

14 Q. With respect to cumulative effects, you mean, or

15 anything else in particular?

16 A. Specifically related to environmental effects. I

17 mean, specifically from our perspective, effects

18 related to impacts on commercial, recreation or

19 Aboriginal fisheries.

20 Q. Now, this letter was specifically addressed to

21 Environment. Can you undertake to advise us,

22 Ms. Baraniecki, whether Environment Canada agrees

23 with this request?

24 A. MS. BARANIECKI: So just to confirm, this is

25 the statement there with respect to winding down

Realtime Connection [email protected] 3256

1 RAMP and CEMA. We could certainly confirm the

2 position on that, but I mean, we do participate in

3 CEMA right now, and our position on that is, while

4 there continues to be value and if Alberta

5 continues to feel that that's an appropriate

6 mechanism, we're prepared to continue to

7 participate in CEMA to the best of our ability

8 related to our scientific expertise and advice that

9 we can provide.

10 But we could certainly undertake to determine

11 what our departmental view is with respect to this

12 comment in the letter.

13

14 UNDERTAKING 41: WITH RESPECT TO THE LETTER FROM

15 THE CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS

16 THAT WAS SENT TO MINISTER MCQUEEN FOR ALBERTA AND

17 TO MINISTER KENT FOR THE FEDERAL MINISTRY OF

18 ENVIRONMENT, THIS LETTER WAS SPECIFICALLY

19 ADDRESSED TO "ENVIRONMENT"; THEREFORE, TO ADVISE

20 WHETHER ENVIRONMENT CANADA AGREES WITH THE

21 LETTER'S REQUEST

22

23 Q. And it would be useful to know firmly from DFO what

24 their position is. Because I believe it's a

25 condition, isn't it, of a number of permits from

Realtime Connection [email protected] 3257

1 your department, that proponents participate in

2 RAMP?

3 A. MR. MAKOWECKI: Regional initiatives, I

4 believe. You know, I think we were careful to not

5 specify one particular program or another because

6 it's, you know, times change, titles change. But

7 we believe it's important, as stated before, that

8 opportunities to discuss issues with regional

9 stakeholders be available.

10 Q. Thank you. I think I understand your position. So

11 there's no undertaking with respect to DFO, then.

12 The other thing that I wanted to ask about is

13 on page 1 of that letter, second paragraph from the

14 end that begins with:

15

16 "A second and important

17 rationale for the monitoring

18 program is to provide public

19 assurance that the oil sands are

20 being developed in an

21 environmentally responsible

22 manner."

23

24 And then the third sentence, it says:

25

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1 "It is extremely important to

2 provide authoritative perspective

3 on the meaning of the monitoring

4 data, as it would be extremely

5 unhelpful if this analysis is left

6 to misinterpretation and

7 speculation."

8

9 Now, my understanding is that the new

10 monitoring program is intended to be transparent

11 and the data publicly and readily available to

12 anyone?

13 A. MS. CHAMBERS: That's true.

14 Q. And so can you give us some assurance that the data

15 will not be "authoritatively interpreted" before

16 it's released?

17 A. Well, I can say two things: The data will be

18 released in the, if you will, the raw data, the

19 validated raw data, so there'll be various chemical

20 measurements that are released, flows of rivers,

21 whatever data we have of that nature, will come out

22 and be available to anyone who wishes to download

23 the information and do their own analysis of the

24 data; at the same time, the data, well, not

25 necessarily at the same time, let me correct

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1 myself. At some point once the data are validated

2 and released, they'll also be analyzed by

3 Environment Canada scientists and interpretive

4 reports produced as well. So there'll be at least

5 two different ways in which the data will be

6 provided. In both, it's uninterpreted form, if you

7 want to call it that, versus an interpreted form in

8 terms of reports and papers.

9 Q. Now, one of the things I read in your submission,

10 Environment Canada, was that this joint, new joint

11 monitoring plan does not include compliance

12 monitoring for individual project operators. Is

13 that a final decision by Canada?

14 A. Yes, compliance monitoring is undertaken generally

15 to respond to monitoring that's laid out in

16 permits. And so the industry undertakes to do the

17 monitoring that's part of its permit is generally

18 the way this works.

19 Q. It's not part of your joint monitoring plan?

20 A. MS. BARANIECKI: Just had one kind of point to

21 add to that. However, like, we do make a number of

22 recommendations regarding the site-specific

23 monitoring and that data would be integrated within

24 the data, I guess the realm of data that 's being

25 collected under this monitoring plan. So I guess

Realtime Connection [email protected] 3260

1 we'll just -- I think Dr. Morrison has something

2 else to add.

3 A. MS. MORRISON: I would say that we are

4 not doing compliance monitoring under the joint

5 plan. Compliance monitoring, our interpretation of

6 it, is that would be facility-specific monitoring

7 to address facility-specific concern. And the

8 monitoring that we are doing is trying to assess

9 the cumulative environmental impact of the

10 development that's going on in that region in

11 general, so it is more sector-specific rather than

12 facility-specific.

13 Q. Because in this letter from CAPP, they are

14 requesting to have all their approvals amended for

15 the operators to remove their requirement to do

16 compliance monitoring. So I'm wondering if there's

17 potential then for the scope of the new joint

18 monitoring plan to change, or is that carved in

19 stone that it won't be doing compliance monitoring

20 for the oil sands industry?

21 A. We'll have to do an undertaking on that, I think.

22 Q. All right. So Dr. Morrison has undertaken to

23 advise whether this is a firm feature of the

24 monitoring program, joint Federal/Provincial

25 monitoring program, not to include compliance

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1 monitoring. And that CAPP's request that it do so

2 is not currently being entertained.

3

4 UNDERTAKING 42: DR. MORRISON HAS UNDERTAKEN TO

5 ADVISE WHETHER IT IS A FIRM FEATURE OF THE

6 MONITORING PROGRAM, JOINT FEDERAL/PROVINCIAL

7 MONITORING PROGRAM, NOT TO INCLUDE COMPLIANCE

8 MONITORING AND THAT CAPP'S REQUEST THAT IT DO SO

9 IS NOT CURRENTLY BEING ENTERTAINED

10

11 A. MS. BARANIECKI: So Ms. Buss, so just to

12 confirm, obviously that was one question. And I

13 believe we're still -- you're still interested in

14 the other question with respect to CEMA? That we

15 had discussed earlier? I think so we've got kind

16 of two together with respect to this letter. Is

17 that my understanding?

18 Q. Oh, yes, and then there was an earlier question as

19 to what Environment Canada's position was on,

20 whether they support or approve or take no position

21 on the request to wind down CEMA and RAMP.

22 A. Okay.

23 MS. BUSS: Might we mark the CAPP letter

24 as the next exhibit, Mr. Chairman?

25 THE CHAIRMAN: 017-050.

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1

2 EXHIBIT 017-050: CANADIAN ASSOCIATION OF

3 PETROLEUM PRODUCERS, LETTER DATED SEPTEMBER 7,

4 2012 TO MINISTER MCQUEEN AND MINISTER KENT

5

6 THE CHAIRMAN: Ms. Buss, how much more do

7 you have?

8 MS. BUSS: Not very much, fortunately.

9 I probably have 20 minutes to half an hour. I

10 would be really grateful if we could have a

11 five-minute break, though.

12 THE CHAIRMAN: Well, we need to take a break

13 for dinner. So if we could do that.

14 MS. BUSS: Certainly, so we will be

15 sitting into the evening, then?

16 THE CHAIRMAN: I think we need to.

17 Mr. Lambrecht, is your panel prepared to

18 continue on?

19 MR. LAMBRECHT: Yes, sir.

20 THE CHAIRMAN: Thank you very much.

21 And Mr. Murphy, you would be next for

22 questions.

23 MR. MURPHY: Yes, that's correct,

24 Mr. Chairman. My colleague, Jenny Biem, and I are

25 going to try and divide the questions up.

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1 Depending on how long Ms. Buss takes, we can

2 certainly get started with that this evening.

3 THE CHAIRMAN: Thank you. All right, so

4 we'll be back at 6:00 p.m.

5

6 (The Dinner Adjournment)

7 (The Hearing Adjourned at 5:08 p.m.)

8 (The Hearing Reconvened at 6:00 p.m.)

9

10 THE CHAIRMAN: Good evening. So our plan

11 was to go to about 8:00 p.m. So would you like to

12 continue, Ms. Buss.

13 MS. BUSS: Yes, and before I start, I

14 wanted to address a housekeeping matter before I

15 forget. With respect to Dr. Schindler's departure

16 before his questioning was concluded, I had

17 addressed this with Shell. And his only

18 availability is for next Monday. And in the event

19 that the hearing concluded by Friday, which appears

20 likely at this stage, Shell was content to put in

21 rebuttal evidence to address Dr. Schindler's

22 evidence without the need to call him back.

23 But I raise this in the event that the Panel

24 wanted to ask questions in which case we'd have to

25 address that. So I will just leave that with you

Realtime Connection [email protected] 3264

1 at this stage.

2 THE CHAIRMAN: One possibility would be, if

3 we have any questions, to do that in writing.

4 MS. BUSS: Yes, that would be another

5 possibility.

6 THE CHAIRMAN: We'll let you know.

7 MS. BUSS: Thank you, sir.

8 Q. Now I'm turning to the question of hydraulic

9 modelling uncertainties at page 35, which is PDF

10 page 77 of Canada's submission, Exhibit 005-020.

11 And would that be you, is it Dr. Bonsal?

12 A. MR. BONSAL: Just looking for a copy of

13 it, just a moment.

14 Q. At page 35 of your submission, you identify four

15 major uncertainties with respect to the hydraulic

16 modelling:

17 One, is that Shell Canada had assumed a zero

18 discharge of contaminated waters, whereas you've

19 identified that there'll be numerous additional

20 pathways for mine-related contaminants to be

21 released.

22 Secondly, that there was a sequence of models

23 used and that the coupling between the models may

24 propagate the uncertainties.

25 Thirdly, that each model uses simplified

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1 assumptions.

2 And fourth, that the models are a

3 simplification of a complex system of

4 climate-surface water-groundwater interactions.

5 Now, my question is with respect to those

6 uncertainties, is there a way to quantify the

7 uncertainties?

8 A. Yes. We've been doing that for about 25 years in

9 our group.

10 Q. Perfect. And what are those methods?

11 A. You have to fully link the models together so that

12 they are not running independently, and in theory

13 they're running in parallel and so then you know

14 what the overall uncertainty is when you run the

15 models that way rather than independently, and

16 determining the uncertainties independently because

17 there has to be feedback between the models as

18 well. So there's a number of different techniques,

19 there's software you can buy that can do this

20 actually, now. So it's possible.

21 Q. Okay. And have you undertaken that?

22 A. With these particular models?

23 Q. Yes, have you run these models concurrently to

24 assess the degree of uncertainty?

25 A. No, Environment Canada has not run these models.

Realtime Connection [email protected] 3266

1 We discussed that early on with Shell. We had a

2 meeting September 28th and 29th last year with

3 Shell and their consultants to discuss all the

4 details of the modelling. So we decided at that

5 time that Environment Canada would not re-run all

6 these models. It was a major undertaking for us to

7 do that. And we just made recommendations to

8 Shell's consultants as to how we thought they could

9 go forward.

10 Q. All right. And you make some recommendations here

11 that once sufficient data is collected and the

12 model is calibrated and validated, more confidence

13 can be placed in the long-term predictions?

14 A. Yes.

15 Q. Now, what my question is is can we get a sense of

16 what degree of uncertainty we're talking about as a

17 result of these four factors you identified?

18 A. Well, what our attempt to do was was to reduce the

19 uncertainty by improving the data that they were

20 using and to reduce uncertainty by -- there's

21 different types of uncertainty, of course. There's

22 the non-reducible uncertainty in the models, and

23 that's the probablistic uncertainty. There's also

24 the knowledge-based uncertainty that's reducible by

25 increased knowledge of the systems that you're

Realtime Connection [email protected] 3267

1 modelling. So you assume that we could at least

2 reduce that component of the uncertainty by having

3 the models use better data and possibly improve

4 some of the process functions in the models.

5 Q. Well, let me put it this way, is the degree of

6 uncertainty such that the Environmental Assessment

7 conclusion that the Project will only have

8 negligible effects, would it be prudent to treat

9 that as a hypothesis subject to further testing and

10 calibration of models and collecting data?

11 A. Well, that's why we recommended that as new

12 information came along, that the models be re-run

13 to see if there were changes in those results.

14 Q. So at best the conclusion that the Project will

15 only have negligible effects is a hypothesis at

16 this stage?

17 A. That's Shell's consultants' conclusion based on the

18 modelling that they've been able to do so far with

19 the data that's been available.

20 Q. What I want to try and get at is what degree of

21 confidence do you have in that conclusion, or can

22 we all take from that modelling?

23 A. It's up to I believe the Panel to decide what level

24 of confidence in the model results they are willing

25 to find acceptable. So.

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1 Q. Right, they can determine what's acceptable. I'm

2 trying to get your assistance as to determining

3 what the degree of uncertainty is?

4 A. Well, they've carried out uncertainty analyses on

5 the individual model. So you can look at those.

6 But that's not the total.

7 Q. Total level of uncertainty?

8 A. Right.

9 Q. So are we talking about a lot of uncertainty, could

10 we go that far?

11 A. Well, I mean, we calibrate and validate these

12 models to certain levels of confidence. And you

13 hope to attain that. You can only, you know, try

14 to improve it with better data. So we typically

15 look at a 95 percent confidence interval or

16 something like that and use different metrics for

17 looking at the accuracy of the model. So, you

18 know, you can always strive to improve it. But you

19 get what you get with the data that you use to

20 calibrate it and to validate the model. And that's

21 why they had to go to a stochastic approach in

22 running their models because they didn't have what

23 they felt to be good data at the time to be able to

24 run it in an ordinary deterministic method.

25 So basically what they used is a resampling

Realtime Connection [email protected] 3269

1 of the available data to generate distributions,

2 probability of distributions of the different

3 parameters as input. So compared to a normal

4 deterministic, one input and one output, they had a

5 probabilistic, you know, range of data and they get

6 the same type of thing out. So it's what they had

7 to do. And I've run stochastic models myself, and

8 those stochastic models give you good numbers on

9 the uncertainty because that's basically what

10 you're doing. So there's nothing wrong with the

11 approach, it's just it's always better to have as

12 much data as you can get to do the job as well as

13 you can. So we're always limited by data. Us

14 modellers, that's our curse.

15 Q. Well, would you wager your house on the outcome?

16 A. Yeah, well, I mean, definitely, the modelling

17 results I guess -- we pointed out some problems

18 with the drivers, with the climate change, I'm not

19 really sure what those differences are because they

20 haven't been re-run with the new climate change

21 bounds. And there's some assumptions in there that

22 I'm not sure are the most conservative, but I'd say

23 that the modelling results are -- I don't see major

24 problems with the results, so I can afford to lose

25 my house, I guess.

Realtime Connection [email protected] 3270

1 A. MS. CHAMBERS: I think one aspect, too, is

2 the temporal aspect as well, because the modelling

3 starts in the very, you know, almost in the present

4 and goes well into the future, and as we move

5 further and further along in time, the problems

6 become compounded so that we have less certainty as

7 we move further into the future than where we are

8 now.

9 Q. So we're less likely, would you be less likely to

10 bet your house on the reliability of the model in

11 terms of predicting 50 years hence, for example?

12 A. Versus three years hence.

13 A. MR. BOOTY: Fifty years out is pushing

14 things in most modelling, you know, work, and some

15 of this is going further than that, so that's

16 definitely where things start to get --

17 Q. Shaky?

18 A. Yes.

19 Q. All right. Let me turn now to the subject of air

20 emissions, which starts at page 44, chapter 6, and

21 it's PDF 86 of Canada's submission.

22 And who would I ask questions about mine

23 fleet emissions, would that be you, Ms. Watt, or

24 you, Mr. Fox?

25 A. MR. FOX: I'll take those questions.

Realtime Connection [email protected] 3271

1 Q. All right. Now, the current estimate or prediction

2 of emissions from the mine fleet for this Project,

3 those are based on emission factors; is that

4 correct?

5 A. That's correct.

6 Q. And those emission factors have a number of

7 assumptions, they are based on manufacturers'

8 specifications associated with the tier level of

9 the vehicle; correct?

10 A. Correct.

11 Q. And then I take it you make assumptions about the

12 load factor?

13 A. Correct.

14 Q. And then you make assumptions about the

15 deterioration of the vehicle?

16 A. Correct.

17 Q. And is there other assumptions that are taken into

18 account?

19 A. Those are the main assumptions in the estimates.

20 Q. Okay. And the mine fleet emissions include

21 Polycyclic Aromatic Compounds and trace metals; is

22 that correct?

23 A. That's correct.

24 Q. And also includes trace metals that are mostly

25 emitted as particulate matter?

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1 A. That's correct as well.

2 Q. And the emissions are, for mine fleets, are not

3 measured, they are just estimated based on these

4 assumptions?

5 A. In this assessment, yes.

6 Q. Is there measurements of mine fleet emissions that

7 are undertaken regularly in the region?

8 A. I wouldn't say regularly. I think there's been

9 some one-offs that WBEA has contracted with the

10 Desert Research Institute. But it's not a regular

11 occurrence.

12 Q. All right. And the WBEA Emission Study, is that

13 available?

14 A. I believe a draft version is. I'm not sure if the

15 final paper.

16 Q. So that's pioneering work that WBEA has done?

17 A. It would be, yes. At least for this region.

18 Q. And at page 46 of Environment Canada's submission,

19 you say that, you conclude that the mine fleet

20 emissions may be understated.

21 A. That's correct.

22 Q. And that was based on, you had some doubts,

23 Mr. Fox, that the mine would transition into

24 TIER-IV trucks by 2025; correct?

25 A. That's our reason, yes.

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1 Q. And were you aware that Shell testified that it

2 could not commit to rolling over all of their stock

3 to TIER-IV trucks by 2025?

4 A. Yes, I'm aware of that.

5 Q. And so, therefore, is your conclusion confirmed

6 that the predicted emissions for the mine fleet are

7 underestimated?

8 A. I don't think we can say definitively one way or

9 the other, because it is a Future Case scenario,

10 and Future Case scenarios are often -- they are

11 speculative. And I think, although we disagree

12 with some of the assumptions that they made, namely

13 on the mine-fleet lifetime, as well as the

14 availability of the TIER-IV, what Shell proposed is

15 a possible scenario. We would have liked to have

16 seen a little more conservatism thrown into it, but

17 it is a possible scenario.

18 Q. And we'll only be able to tell, confirm this in the

19 future if some sort of monitoring is done with

20 respect to what's actually emitted from the mine

21 fleet, correct, in order to confirm the prediction?

22 A. I'm sorry, do you mean emissions monitoring or

23 ambient monitoring?

24 Q. I think I mean emissions monitoring. We'd have to

25 somehow, you'd have to measure what was actually

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1 coming out of the pipe. And I don't know if that

2 can be, that information can be obtained from

3 ambient monitoring or if you'd have to somehow

4 measure what's actually emitted per vehicle.

5 A. That would definitely benefit and inform the

6 decisions for Future Cases for sure, if we did have

7 onboard emissions monitors.

8 Q. And are we able to determine mine-fleet emissions

9 from ambient monitoring, depending on where the

10 monitors are located?

11 A. We could estimate, but it would be hard to

12 dissociate the mine fleet emissions from other

13 sources.

14 Q. Okay. So the prediction is possibly correct and it

15 also may, the NOx emission estimates also may be 16 overestimated, that's your final opinion?

17 A. Sorry, maybe I --

18 Q. I asked you a double-barrel.

19 A. May be overestimated or underestimated?

20 Q. As of today is your opinion that the NOx emissions 21 may be underestimated?

22 A. It may be. Or it may be possible, as I said, it's

23 a possible scenario, but we would have liked to err

24 it on the conservative side, so it may be

25 underestimated.

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1 Q. Okay. And then I have a question with respect to

2 NRCan's submission at page 8. And I believe it's

3 for Dr. Kasperski, because it deals with VOCs. And

4 that's page, I think it's PDF page 121, and it's

5 page 8 of the NRCan's submission.

6 A. MS. KASPERSKI: I'm there.

7 Q. Now, your opinion is that the VOC emissions from

8 the tailings ponds are underestimated to a

9 significant degree in the Environmental Impact

10 Assessment; correct?

11 A. That was my initial conclusion here.

12 Q. Is there any data being collected that could be

13 used to validate the predictions in Shell's EIA

14 with respect to VOC emissions?

15 A. I don't know if you would classify it as being in

16 their EIA, but there was a response from Shell to

17 our points here that they did reply. I don't know

18 if that's in evidence or not.

19 Q. Can you tell us whether there's monitoring going on

20 of VOC emissions from the tailings ponds?

21 A. They did in their statement say that they based

22 their conclusion, first, on a monitoring of a

23 Syncrude pond, which they then developed a model,

24 which they applied to one of their muskeg, I think

25 Muskeg River Mine pond, and showed that their

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1 model, based on the Syncrude data, matched this

2 quiescent MRM pond. I had a couple of issues with

3 their conclusions, but.

4 Q. And what are they?

5 A. They said their model did match the data from that

6 one pond.

7 Q. And what were your issues?

8 A. Well, when I first read their response, they said

9 they based it on the Syncrude data. Syncrude uses

10 naptha in their froth treatment as a solvent, which

11 has a huge range of compound -- hydrocarbons in it,

12 most of which are less volatility than the

13 paraffinic solvents that Shell uses. So the

14 solvents that Shell uses in their froth treatment,

15 which is the solvent that creates the VOCs once

16 they reach the pond, are much more volatile and

17 less soluble in water.

18 So that was my first caveat, the fact that

19 they based their model on a naptha pond, or a pond

20 that had naptha solvent in it.

21 The second thing I questioned was when they

22 said a quiescent pond. In some of the work we've

23 done in-house, we created two mini-ponds, one was

24 definitely not quiescent, there was a lot of

25 bacterial activity, and showed 100 percent loss of

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1 VOCs in a period of about a year. When we --

2 from -- we had doped the pond with solvent.

3 In another pond, which was not as active, it

4 showed a steady decrease in solvents but it hasn't

5 reached a 100 percent yet. It's maybe 70 percent

6 loss.

7 Q. What does "quiescent" mean?

8 A. I'm not sure if that's the exact word that Shell

9 used in their response, meaning it's not -- it's

10 like it's not disturbed. The material in it is

11 left undisturbed, not moving. So a lot of the

12 issues with solvent release, I think, in my

13 opinion, is to do with the mass transfer of the

14 solvent, how does the solvent make its way through

15 the material, how easily does it make its way

16 through the material. So if there's gas bubbles

17 being created in the pond, that provides pathways

18 for the solvent to move through the material more

19 easily. So if it's a quiet pond, there's no

20 bacterial activity, no gas channels, if they are

21 not pumping the MFT out, then, yeah, that would be

22 a quiet pond.

23 MS. BUSS: Okay. Well, thank you very

24 much, panel. That's all of my questions answered.

25 Thank you so much.

Realtime Connection [email protected] 3278

1 THE CHAIRMAN: Thanks, Ms. Buss.

2 Mr. Murphy?

3

4 CROSS-EXAMINATION OF ATTORNEY GENERAL OF CANADA PANEL, BY

5 ATHABASCA CHIPEWYAN FIRST NATION, BY MR. MURPHY:

6 MR. MURPHY: If I could just have a moment

7 to move my materials up here.

8 Q. Yes, thank you, Mr. Chairman.

9 Good evening, panel, thanks for coming out.

10 My name is Eamon Murphy and I'm one of the lawyers

11 for Athabasca Chipewyan First Nation and I'm going

12 to be asking you some questions, and then my

13 colleague, Jenny Biem, is going to ask you

14 questions.

15 Good news, bad news, good news is Ms. Buss

16 took care of a number of the questions that I was

17 going to ask you. The bad news is I'm not sure

18 we're going to finish tonight.

19 Mr. Makowecki, I think these first questions

20 are for you in DFO. The first question we had is

21 about pit lakes. Does DFO consider pit lakes to be

22 compensatory for habitat loss?

23 A. MR. MAKOWECKI: We haven't reviewed a

24 proposal for a pit lake to be a compensation lake.

25 Q. So certainly not in this proposal before the Panel?

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1 A. No.

2 Q. Okay. Ms. Buss asked you some questions about

3 DFO's submissions and I'll just refer to Canada's

4 submissions and these are again at Exhibit 005-020.

5 I'm looking at PDF page 20. That's page 17 of

6 DFO's submissions. I just have a few questions

7 about compensation lakes.

8 DFO is aware of ACFN concerns about the

9 diversion of the Muskeg River; is that right?

10 A. Yes.

11 Q. I understand DFO is also aware of the concerns that

12 ACFN has raised about access to the fishing and

13 hunting areas as a result of low water levels; is

14 that right?

15 A. Yes.

16 Q. The discussion that you have about compensation

17 lakes, I'm just curious, what does DFO suggest

18 might be compensation or mitigation, I suppose is

19 the better way to put it, in respect of the

20 concerns that ACFN is raising?

21 A. With respect to access to hunting grounds?

22 Q. Well, let's start with diversion of the Muskeg

23 River.

24 A. Maybe you could frame that question a different

25 way. I'm not sure I understand your question.

Realtime Connection [email protected] 3280

1 Q. Sure. Has DFO proposed for example that the

2 Compensation Lake that's part of this Project would

3 be adequate mitigation in respect of ACFN's

4 concerns about the diversion of the Muskeg River?

5 A. Well, as it relates to opportunities in the future

6 to fish, I believe it would form part of that

7 mitigation. ACFN's concerns related to diversion

8 of the Muskeg River I think go beyond fishing,

9 though. So that would be my answer related to our

10 mandate.

11 Q. Right, and right now I'm just asking you in

12 relation to DFO's mandate.

13 And what about in respect, then, of concerns

14 about access to fishing and hunting areas, is the

15 Compensation Lake what you'd view as an

16 accommodation of those concerns as well?

17 A. I guess I'd probably ask ACFN their view on that.

18 If there's a Compensation Lake in the future that's

19 accessible and available for harvesting fish, it

20 would seem to me that that would at least partly

21 mitigate some concerns about lost access to areas

22 to fish. Your question was broader than that,

23 though. I wouldn't be able to answer the other

24 part.

25 Q. Well, no, I'm specifically wondering what DFO's

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1 response is in respect of what they would say is

2 mitigation to concerns ACFN has raised with you.

3 A. Well, in particular, related to ability to fish, I

4 would say that this would possibly add some

5 opportunity in the future for them to carry on

6 those pursuits. And ensure that the habitats that

7 are remaining remain functional to afford them that

8 opportunity as well.

9 Q. And what do you mean by that, by making sure that

10 habitats remain functional that are in existence?

11 A. Well, DFO's view of compensation isn't just to

12 offset the physical footprint of what's being lost,

13 it's also to ensure to the extent we can that the

14 habitats that remain untouched also continue to

15 function in the future and provide opportunity. So

16 by creating productivity in the watershed, where

17 productivity has been lost, you, you know, that

18 integration of that productivity is essential to

19 keep the rest of the watershed healthy.

20 Q. And so in respect of ACFN's concerns, what do you

21 suggest is something DFO is doing or would do to

22 maintain productivity?

23 A. Well, with respect to fishing, the Compensation

24 Lake would be one mitigation that would ensure that

25 the Athabasca River remains productive and that

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1 there's another, an opportunity created that might

2 offset any opportunity lost in the Muskeg River.

3 Q. And, sorry, were those two different things,

4 there's the Compensation Lake and that the

5 Athabasca River remains productive?

6 A. Yeah, they are connected obviously. It's one

7 aquatic ecosystem. But there's two goals in the

8 Compensation Lake. One of them is to actually, in

9 the nature of itself, actually be a location where

10 someone could go and fish, but also because it

11 would be connected to the natural environment, that

12 it would make sure that remaining habitats are

13 viable and productive.

14 Q. And are there other forms of compensation that you

15 are aware of in respect of this Project that DFO

16 would endorse as being that ACFN could utilize?

17 A. Other forms of fish habitat compensation?

18 Q. That's correct, yes.

19 A. There were other options proposed by Shell. I

20 think there were six or so. And there was some

21 evaluation of those. This was the one that came

22 out on top as far as that evaluation went.

23 Q. Are there other mitigation options, I just want to

24 make sure, I think you had addressed this in part

25 with Ms. Buss, are there other mitigation options

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1 that are being considered by DFO to address some of

2 the ACFN concerns?

3 A. The concerns related to fishing?

4 Q. Well, you know, one of the things -- yeah, sorry,

5 go ahead.

6 A. Well, the concerns related to access and hunting,

7 DFO doesn't have any particular mitigation measures

8 proposed, or Shell I don't believe. We are not

9 reviewing those mitigation measures if Shell has

10 proposed them.

11 Q. No, and I'm not speaking about those. What I'm

12 speaking about is access to fishing sites,

13 diversion of the Muskeg River. Are there other

14 mitigation options that DFO in particular is

15 considering?

16 A. None that I can think of.

17 Q. Okay. And I just want to clarify that because

18 you'd mentioned something about stocking, for

19 example, stocking existing waterbodies, and I just

20 wanted to see if there were other options that

21 you'd been looking at in respect of this Project

22 for ACFN's concerns?

23 A. No, that response to earlier questioning was

24 related to other options that might exist to

25 maintain productivity of the Lower Athabasca River.

Realtime Connection [email protected] 3284

1 So there are other options and, like I said, I

2 think there were six proposed different options

3 proposed by Shell over, you know, it's over the

4 course of a number of years now. And as far as

5 we're concerned, the proposed Redclay Lake has a

6 good potential to offset impacts to fish and fish

7 habitat.

8 Q. And Ms. Buss had asked you some questions about the

9 mercury that's present in those lakes. And I don't

10 propose to go over those questions, but there are a

11 couple that I had that arose from that. One of the

12 things that comes out of your report is that, (as

13 read):

14

15 "... mitigation measures to

16 ensure that mercury levels drop or

17 include removal of large bodied

18 fish, removal of terrestrial

19 vegetation, and the temporary

20 isolation of fish until mercury

21 levels subside."

22

23 Without doing that, your report says it's 20

24 to 30 years before the elevated mercury levels

25 drop. With those measures, what's the timeframe

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1 we're looking at?

2 A. Well, like I said to Ms. Buss, we're not mercury

3 experts. Some of the literature I think suggests

4 that it can be reduced by to approximately eight to

5 twelve years.

6 Q. And I take it ACFN has expressed the concern to you

7 that the lake is not actually going to be usable to

8 them for some time. And have you responded with

9 the answer you just gave now?

10 A. The reason we have compensation ratios that are

11 greater than 1:1 is we acknowledge and proponents

12 usually acknowledge that there will be some delay,

13 depending on when the lake is constructed. So, I

14 mean, in theory, Shell might be able to develop a

15 compensation lake before, or any proponent, before

16 any impacts occur and that lag time could be not

17 experienced in the same way. But typically, they

18 start concurrently with losses and so there is some

19 period of productivity that's lost and it forms

20 part of the reason why our compensation ratios are

21 usually or have been typically 2:1.

22 Q. And what I'm curious about is what's the timeframe

23 that you've suggested, if you have, what's the

24 timeframe that you've suggested to ACFN that they

25 would be able to actually go in and fish in that

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1 lake after it's been constructed?

2 A. We've told them that, you know, depending on the

3 mitigation measures that are put in place, like if

4 one of the options if it ends up being the

5 large-bodied fish are being removed and

6 smaller-bodied fish or younger fish are edible,

7 then timing might change as to when they would be

8 able to access it. But regardless of the issues

9 around mercury, it's typical in these projects that

10 we would expect, you know, 10, 12 years of

11 monitoring and baseline information of the lake's

12 productivity before unmeasurable harvest is

13 occurring so that we understand actually how this

14 lake contributes to the productivity of the rest of

15 the ecosystem.

16 Q. So at 10 to 12 years you'd hope that the lake would

17 be fishable, but it's not guaranteed, I guess?

18 A. It's not guaranteed. I think that our expectation

19 is that it would, that the literature suggests with

20 mitigation, that it might be around 12 years. But

21 maybe the time might actually be extended more

22 around our ability to be sure that it's functioning

23 correctly.

24 Q. And what do you mean by that?

25 A. Well, the lake would have some period of filling.

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1 It would have a period of, you know, trophic

2 development. And so depending on how it was

3 stocked or how fish colonized the lake, it would

4 take some time to come to some equilibrium so we

5 would be able to assess its productivity and its

6 ability to produce any particular species.

7 Q. So 10 to 12 years until it could be utilized, good

8 chance it could be longer than that?

9 A. I'd say it would be 10 years minimum. And I don't

10 expect it to be 20, but we'll have to see.

11 Q. And what are the fish species that you've suggested

12 to ACFN that they would be able to harvest?

13 A. Mr. Janowicz will answer that.

14 A. MR. JANOWICZ: Our approach, general

15 approach is that we expect fish species that are

16 already there to colonize the lake. So for the

17 west side of Athabasca, that would be pike for

18 sure, possibly walleye, burbot.

19 We've had some talks with Aboriginal groups,

20 they would really like to see whitefish in the

21 lake, but that's kind of like we think about it as

22 a bonus at this point.

23 Possibly perch, and then several forage

24 species. And suckers.

25 Q. Thank you. I understand there's a section of the

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1 new, the revised Fisheries Act, in Section 6, which

2 provides that there can be agreements between DFO

3 and the provinces regarding such things as habitat

4 management. Have any agreements been reached with

5 Alberta about habitat management in the

6 Peace-Athabasca Delta under Section 6?

7 A. MR. MAKOWECKI: I wouldn't be able to comment

8 on that. We're not briefed on that level of

9 discussion, if there is or isn't any.

10 Q. Are you aware of whether there's any similar

11 provision for agreements such as that with First

12 Nations through the Fisheries Act?

13 A. I'm not.

14 Q. Not that you know of?

15 A. Not that I know of.

16 Q. No. The Fisheries Act doesn't actually provide for

17 agreements between DFO and First Nations with

18 respect to things like habitat management, does it?

19 A. I'm not aware if it does.

20 Q. If a Section 35(2) authorization is provided here,

21 is that going to be done by DFO or is that going to

22 be done through a delegated authority, like through

23 the Province or another agency?

24 A. My expectation is it will be through DFO.

25 Q. DFO isn't delegating that decision to somebody

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1 else, is it?

2 A. I'm not aware of discussions that could confirm or

3 deny that. I'm just not briefed on that.

4 Q. Could you undertake to provide that information?

5 A. So what's your question exactly? It's whether or

6 not there's discussions under way to --

7 Q. No. Whether or not DFO is going to provide the

8 Section 35(2) authorization or whether that will be

9 delegated to another agency or the Province?

10 A. I can inquire.

11 Q. Thank you. I'll take that as an undertaking.

12

13 UNDERTAKING 43: ADVISE WHETHER OR NOT DFO IS

14 GOING TO PROVIDE THE SECTION 35(2) AUTHORIZATION

15 OR WHETHER THAT WILL BE DELEGATED TO ANOTHER

16 AGENCY OR THE PROVINCE

17

18 Q. I think this is a couple questions for NRCan. I

19 saw that in the news yesterday there was a report

20 that the International Energy Agency had come out

21 with its World Energy Outlook. Can anybody confirm

22 that that's the case?

23 A. MS. KASPERSKI: I remember seeing it in the

24 news, but that's all I know about it. Or hearing

25 it, sorry, on the morning news report.

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1 Q. I understand that Canada's a member country of the

2 International Energy Agency, so I take it it would

3 be privy to the report, at least?

4 A. That's way outside my area of expertise. I would

5 not know.

6 MR. LAMBRECHT: I rise because my friend has

7 courteously provided me with a copy of a newspaper

8 article from the Globe and Mail yesterday that he

9 would propose to tender to the witnesses I think as

10 an aide-memoire and then propose to mark it as an

11 exhibit. It is the news media report that I think

12 he references. He does not have the report itself.

13 And I really think this is going a little bit too

14 far afield in presenting our witnesses, who are

15 here to testify about subject matters within their

16 evidence. So I rise to indicate that I think I'm

17 going to object to this particular document and its

18 use.

19 THE CHAIRMAN: Mr. Murphy.

20 MR. MURPHY: Yes, thank you. The purpose

21 in putting before the Panel was twofold. One is

22 that the Minister of Natural Resources Mr. Oliver

23 has commented publicly on it. But I wanted to ask

24 how it, if at all, factors into the ultimate

25 decision that's made under CEAA, and it's Section

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1 52 of CEAA, the decision made to approve this

2 Project or not.

3 THE CHAIRMAN: What I'm hearing, sir, is

4 there is no witness on the panel who could deal

5 with that. Have I misunderstood, Mr. Lambrecht?

6 MR. LAMBRECHT: No, sir, and indeed that is a

7 future, you have not misunderstood, that is a

8 future event. I'm not sure how a witness could

9 swear today how a future event might take account

10 of information that is referenced tangentially in a

11 newspaper article from yesterday.

12 THE CHAIRMAN: Sir, I think we ought to move

13 on to something else.

14 MR. MURPHY: Thank you.

15 Q. My next set of questions are for Environment

16 Canada. And I'd like you to turn to Chapter 8 of

17 the Environment Canada submission. And I'm looking

18 at the recommendations and they start at PDF 94.

19 And it's Environment Canada page 52.

20 A. MS. BARANIECKI: Yes.

21 Q. Ms. Baraniecki, earlier you'd mentioned that you

22 referenced page 5 of the report and I think one of

23 the things you said is part of Environment Canada's

24 role is to provide some recommendations to this

25 Panel; is that right?

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1 A. That's correct.

2 Q. And so the recommendations that are set out in

3 Chapter 8, I mean there's a summary of all the

4 recommendations through the report, are these

5 recommendations that are considered to be in

6 overall mitigations related to this Project?

7 A. So I think again I'd actually like to refer you

8 back to the introduction of our submission. And

9 specifically back to page 6 within the summary

10 that, really, what the suite of recommendations

11 encompasses is what Environment Canada feels would

12 be the types of recommendations that should this

13 Project proceed and should those recommendations be

14 implemented, the suite of recommendations that

15 would improve the overall environmental performance

16 of this Project.

17 Q. So are they mitigations? I've characterized them

18 that way, would that be a fair characterization?

19 A. Mitigations for certain impacts for sure.

20 Q. Okay. Are these things that Environment Canada

21 would like to see as conditions, then, on any

22 approval of the Project?

23 A. That's premature at this point. Really, at this

24 point we're providing our review of the Project to

25 the Panel. And at that point when we have the

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1 Panel Report in hand, that is when, during the

2 process, that we would be looking at that report

3 and evaluating that information at that time. So

4 it's really hard to say that, you know, this

5 specific clause could be. We can't speculate at

6 this time because it really all depends on the

7 recommendations coming back from the Panel.

8 Q. No, I'm not asking you to speculate. I guess I'm

9 going back to where it says on page 5 that you

10 provide a review of the proposed mitigation and

11 then considerations for additional mitigation

12 measures. And I'm just trying to understand the

13 recommendations, whether they fall into that latter

14 category. And I'll go through some specific ones

15 for you, but I'm just trying to understand, is that

16 what you're get getting at with these

17 recommendations?

18 A. I think what we're at, it's a combination of both,

19 actually. So in some cases, we've reviewed

20 mitigation as proposed by the proponent. And in

21 other cases we are looking at some additional

22 measures. And have made those recommendations

23 based on our review. So it is a combination that

24 you see combined there within the Chapter 8.

25 Q. Right. And so a number of these would, I would

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1 think, become conditions of any approval or at

2 least they would be Environment Canada's hope that

3 they would be, a number of these recommendations?

4 A. Not necessarily. This doesn't preclude that they

5 could be.

6 Q. Okay.

7 A. But that's not a foregone conclusion.

8 Q. Are there things that are not in there, then, that

9 you would want to see attached as conditions of

10 this Project?

11 A. No, this submission represents the suite of

12 recommendations that we have.

13 Q. And I want to take you to some of your

14 recommendations specifically, but it looks like a

15 lot of the detail on how to is left to Shell's

16 discretion. And I want to take you to for example

17 to Recommendation 1.

18 A. Okay.

19 Q. If you look at Recommendation 1 (a), it says,

20 "Identify and implement measures":

21

22 "Environment Canada requests

23 the Panel recommend that Shell

24 Canada: Identify and implement

25 measures that avoid direct loss of

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1 species at risk and migratory bird

2 habitat."

3

4 I'm wondering what Environment Canada

5 recommends, what measures would Environment Canada

6 recommend?

7 A. Okay, so I believe Mr. Wiacek will be able to speak

8 to that. Or at least start off.

9 A. MR. WIACEK: Well, there are a number of

10 measures that may be available to Shell to avoid

11 direct loss of habitat. For example, some of their

12 facilities may not be underlain by bitumen, so they

13 maybe have some flexibility in terms of where they

14 may be able to put them. Really, so it's up to

15 Shell to identify those. But we feel that there

16 may be some options for them there.

17 Q. But I'm just curious why Environment Canada doesn't

18 actually recommend those measures. Like, I'm just

19 looking for some specificity I guess from

20 Environment Canada about what it would suggest.

21 And I guess it goes back to Ms. Buss's question to

22 you about, you know, you all bring some expertise

23 here that I think could benefit everybody and,

24 quite frankly, the Panel, and so I'm just wondering

25 where those recommendations are?

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1 A. We certainly bring expertise in terms of wildlife

2 and wildlife habitat use. However, we are not the

3 engineers of the Project, so we do not understand

4 all the technicalities about building an oil sands

5 project, so we may not be able to provide the best

6 options for Shell. I think it's up to them to

7 evaluate that and provide us with options.

8 Q. So you would leave it up to Shell, then, for

9 example in 1 (a), to:

10

11 "Identify and implement

12 measures that avoid a direct loss

13 of species at risk and migratory

14 bird and habitat".

15

16 A. We would leave it up to Shell, yes, to identify

17 measures to avoid as well as lessen effects.

18 Q. And I take it the same is true, then, when you get

19 to sub (b) and sub (c) where it says identify and

20 implement measures, Environment Canada's not

21 suggesting any measures, they are saying Shell has

22 to come up with those measures?

23 A. Well, the technical aspects of avoiding the effects

24 of drawdown, we would certainly look at Shell to

25 provide those details. We certainly aren't

Realtime Connection [email protected] 3297

1 engineers in oil sands mine development.

2 Q. But fair enough. But surely you've considered what

3 possible measures might do the things that you're

4 suggesting be done, isn't that true?

5 A. Well, in this case, it's to avoid the effects of

6 drawdown on the lenticular fen, so that's a

7 particular location on their lease.

8 Q. Well, were there any measures that Environment

9 Canada would suggest that would protect the fen,

10 for example?

11 A. You're referring to technical measures? Or could

12 you be more specific there, please.

13 Q. Well, I'm just trying to understand, I guess, what

14 it is Environment Canada is getting at when it says

15 "Shell should implement measures as necessary to

16 maintain the condition and function of the fen."

17 A. Sorry, would you mind repeating that question.

18 Q. Sure, and I'm looking specifically at

19 Recommendation 1 (d)(2) now. And it talks about

20 first of all it talks about monitoring the

21 condition of the lenticular fen, but then it goes

22 on to say that Shell Canada should:

23

24 "Implement measures, as

25 necessary, to maintain the

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1 condition and function of the fen."

2

3 And I guess the question that I have that

4 comes out of that is what measures could protect

5 the fen? Has Environment Canada turned its

6 collective mind to that?

7 A. We have not provided any specific recommendations

8 to Shell on that. We are aware that measures are

9 being explored for the Suncor Fort Hills Project to

10 maintain the integrity of the McClelland Lake fen,

11 and certainly measures that are being considered

12 and proposed for that project could be applied for

13 this Project.

14 Q. Are you aware of any measures that Shell has

15 proposed to maintain the condition of the end

16 function of the fen?

17 A. I am not aware of any measures they've proposed.

18 In Shell's Environmental Assessment, they indicate

19 I believe about 16 percent of the fen will be

20 directly impacted by mine development and the

21 remainder would be affected by drawdown. I believe

22 they indicated they would monitor it, but I don't

23 believe they are offering any mitigation for loss

24 of the fen.

25 Q. Okay. And just to wrap that up, I mean, is there

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1 anything that you're aware of that might actually

2 either mitigate the drawdown of the fen or the

3 actual removal of the fen?

4 A. Are you referring from again a technical aspect?

5 Q. Well, from your own experiences as an Environment

6 Canada scientist.

7 A. Again, I would refer to the work that's being done

8 on the McClelland Lake fen. I think that's very

9 relevant for this situation.

10 Q. And is that information that Environment Canada has

11 submitted before this Panel?

12 A. No. I have had discussions with the Province. I

13 don't sit on the -- I believe there's a McClelland

14 Lake Wetland Complex Working Group. I do not sit

15 on that group, so I do not have the information

16 from that, but I have spoken to the Province and

17 they've indicated that when the information becomes

18 available, they will be able to provide it to us.

19 Q. Okay. So getting back to this Project, then, there

20 aren't any measures proposed at this point, then,

21 to maintain the condition and function of the fen

22 with respect to this Project?

23 A. Again, in terms of technical measures, we would

24 leave that up to Shell to determine.

25 Q. But I believe you've said there aren't any that you

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1 know of.

2 A. Again, there are measures that are being considered

3 for the McClelland Lake fen that could be applied

4 to this Project.

5 Q. Right, but I'm asking you whether Shell has

6 proposed those. And think your answer is no.

7 A. No, Shell has not proposed yet.

8 Q. And those certainly aren't incorporated into your

9 recommendations?

10 A. Sorry, could you repeat that?

11 Q. The reference to McClelland Lake and the work

12 that's been done there, those aren't incorporated

13 into your recommendations here, are they?

14 A. No, they are not.

15 Q. The Recommendation 1 (e), it says:

16

17 "Consider, in the event that

18 proposed measures cannot mitigate

19 direct and indirect habitat loss

20 for species at risk and migratory

21 birds, the use of conservation

22 allowances."

23

24 Are Treaty Rights for First Nations like

25 Athabasca Chipewyan First Nation, are those

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1 factored into conservation allowances?

2 A. MS. BARANIECKI: They could be, actually,

3 within the operational framework. There is a

4 reference to the fact that within the -- if there

5 is a decision that a conservation allowance is an

6 appropriate mitigation tool, that it could be used

7 as part of that, I guess, those considerations as

8 well.

9 Q. Okay. And has Environment Canada considered doing

10 that in respect of this Project?

11 A. Again to clarify, our recommendation is that it is

12 one of the options that Shell could consider for

13 the mitigation, so we have not specifically

14 considered that, no.

15 THE CHAIRMAN: Mr. Murphy, were you moving

16 on to something else, another area? It's just that

17 at this time of day, we need to give the reporter a

18 break more frequently than we normally would. So

19 could we take 10 minutes now.

20 MR. MURPHY: Oh, sure.

21 THE CHAIRMAN: Back in 10 minutes.

22

23 (Brief Break)

24

25 THE CHAIRMAN: Could we resume, please.

Realtime Connection [email protected] 3302

1 Mr. Murphy, could you take us to about

2 eight o'clock?

3 MR. MURPHY: Yes, thank you. I'd start

4 but I think the people that I'm wanting to question

5 are not quite here yet.

6 Thank you, Panel.

7 Q. Just a couple more questions about the

8 recommendations. If you look at Recommendation

9 2(j). And it says:

10

11 "Environment Canada requests

12 the Panel recommend that Shell

13 Canada: Design the Kearl Lake

14 levee to avoid impacts to aquatic

15 habitats used by migratory birds."

16

17 And again, I'm just wondering whether

18 Environment Canada has any suggestions about how a

19 levee might be designed to avoid impacts to aquatic

20 habitats for migratory birds?

21 A. MS. BARANIECKI: Again, I think not being

22 technical experts or engineers, definitely the

23 design of a levee would be very much outside of our

24 area of expertise.

25 Collectively, these recommendations are made

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1 with respect to those ecosystem components or those

2 species that are of interest or with respect to

3 trying to mitigate specific environmental impacts.

4 So while we may not have had the technical

5 knowledge on how that could be implemented, what

6 we're recommending there is that obviously if there

7 are some mitigation options, why that

8 recommendation is important is to avoid those

9 impacts to those aquatic habitats used by those

10 migratory birds.

11 So again, it's the objective we were getting

12 at, not necessarily the specifics and technical

13 aspects of those recommendations.

14 Q. Okay, thanks for that. So how do you know, then,

15 that a levee would actually be a suitable

16 mitigation, then, in that case?

17 A. I don't think this is so much the design, whether

18 the levee is there or not. It's the design of the

19 levee so that it's - that's taken into

20 consideration in order to avoid those impacts,

21 because I do believe with the current design, I

22 believe

23 Mr. Wiacek is just verifying, that with that

24 current design there would be impacts. So whether

25 or not there's other design considerations that

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1 could mitigate those impacts, that's what we were

2 getting at with that recommendation.

3 A. MR. WIACEK: I guess one point we made in

4 our submission is that the extent and the use of

5 the lake by migrating and nesting birds that may

6 decrease is unknown, and it will depend obviously

7 on the design of that levee. So our recommendation

8 is to design it in such a way that minimizes

9 effects on the migrating nesting birds, then to

10 monitor the use of the levee and then apply

11 adaptive management to address any effects that may

12 be identified on the use of the lake.

13 Q. So just so I understand what you're saying, has

14 Environment Canada then reached a conclusion that

15 the present levee is not suitable?

16 A. It is uncertain whether it is suitable, so we are

17 requesting some monitoring be done. And adaptive

18 management.

19 Q. And the reason I ask that is it says "design the

20 Kearl Lake levee", so I don't know if you're

21 suggesting that it needs to be re-designed or the

22 present levee is just not suitable and there needs

23 to be work on that. I'm just trying to understand

24 what that recommendation is getting at.

25 A. Well, we are concerned that there'll be a change in

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1 the littoral habitat and the use of the lake by

2 migrating birds, but we're uncertain what that

3 change will be, so we're proposing an adaptive

4 management approach where Shell evaluates the use

5 of that lake and applies appropriate mitigation if

6 effects are identified.

7 Q. Okay, so you're leaving that to Shell, then, to do

8 that evaluation and apply other mitigations if

9 Shell deems it suitable?

10 A. That's correct. Well, the mitigation is the

11 responsibility of Shell.

12 Q. Does Environment Canada monitor that mitigation?

13 A. MS. BARANIECKI: Sorry, we're just confirming

14 here.

15 A. So I think it would be a little bit difficult at

16 this point to speculate on the type of monitoring

17 for effectiveness. That could be something that

18 the proponent might do as part of their onsite

19 monitoring with respect to the Project. So, again,

20 depends on what type of mitigation was being

21 proposed, then that would determine the type of

22 appropriate mitigation and then from there the

23 determination of who and how.

24 Q. And I'm not asking you to speculate. I'm sorry if

25 I came across that way. I'm just trying to get a

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1 sense of when Environment Canada says, okay, Shell,

2 we want you to design the levee to avoid impacts to

3 bird habitat, for example, I mean, does Environment

4 Canada play a role, then, in following up to make

5 sure this is done?

6 A. MR. WIACEK: Under CEAA, there's the

7 requirement of a follow-up program, so we would be

8 involved in that program.

9 Q. So that's yes?

10 A. That's a yes.

11 Q. Okay. And is Environment Canada responsible for

12 enforcing the Migratory Birds Convention Act?

13 A. Yes, we are.

14 Q. Okay. Turning your attention to page 26 of your

15 report, it's PDF 68. And the paragraph under "EC's

16 Conclusions:", I wonder if you could have a look at

17 that.

18 A. Okay, I'm there.

19 Q. And so my question about that is in reaching the

20 conclusions that you set out there in that

21 paragraph, did Environment Canada consider the

22 consequences of avian mortality on traditional use

23 in the exercise of Treaty Rights?

24 A. We certainly are aware of ACFN's concerns.

25 Q. And I'm just wondering if Environment Canada looks

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1 at when it's considering the consequences of avian

2 mortality, does it consider the consequences of

3 avian mortality on the traditional use and ACFN's

4 Treaty Rights?

5 A. We focus on the legislative requirements and the

6 science.

7 Q. And when you say "the legislative requirements,"

8 what are you referring to?

9 A. Requirements under the Migratory Birds Convention

10 Act.

11 Q. Okay. You're now referring to the Constitution Act

12 Section 35, I take it?

13 A. No.

14 Q. Okay. At the middle of the following pages, PDF

15 69, page 27 of the Environment Canada Report, in

16 the middle of the page, it says:

17

18 "Environment Canada also

19 recommends that Shell Canada

20 implement additional measures to

21 minimize the surface distribution

22 of oils on process-affected ponds,

23 to reduce the potential risk of

24 mortality should birds land."

25

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1 Again, what does Environment Canada do to

2 ensure that Shell is subject to binding conditions

3 that take into account those additional measures?

4 A. MS. BARANIECKI: So in this case, the

5 Migratory Birds Convention Act obviously is a law.

6 And compliance with a law, irrespective of whatever

7 decisions are taken on a specific project or those

8 specific conditions that might come out, compliance

9 with the law is mandatory. So we do have an

10 enforcement program that does enforce that law.

11 Q. And I'm thinking more in respect of recommendations

12 that might come out of this process, how does

13 Environment Canada then ensure that those

14 recommendations are being complied with? And I'm

15 wondering specifically in relation to that

16 recommendation that I just read to you.

17 A. Depends what happens with this recommendation

18 through this process. Again, I'm not being able to

19 speculate on where this might land, post-Panel

20 report, but you know, that's going to depend.

21 Regardless, the Migratory Birds Convention Act

22 would still apply, so that would still be

23 enforceable. With respect to the specific

24 recommendation, again, the Canadian Environmental

25 Assessment Act does require a follow-up program, so

Realtime Connection [email protected] 3309

1 presumably there would at least be that aspect, but

2 whether or not there'd be an enforceable aspect, we

3 can't say.

4 Q. And you mentioned a moment ago, you said

5 "regardless the Act would apply." And how so in

6 respect of the recommendation there that I just

7 read to you?

8 A. Sorry, could you repeat that question, please.

9 Q. Yes, you had mentioned, you said "regardless the

10 Act would apply." And I was asking, you know, in

11 respect of recommendations that would come out of

12 this process, one of your comments was "regardless

13 the Act would apply." And I'm just wondering, is

14 that the case with respect to that recommendation

15 that you're referring to?

16 A. It's actually with respect to any recommendation.

17 So, for instance, provisions under the Canadian

18 Environmental Protection Act, the Species at Risk

19 Act, the Migratory Birds Convention Act and the

20 Fisheries Act, as described in our submission are

21 sort of the four cornerstone pieces of legislation.

22 Regardless of whatever conditions might be applied

23 to a proponent on a project, they don't supersede

24 the law, obviously the law would still apply.

25 Q. Right. And maybe I'm being misunderstood. I'm

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1 just curious about the actual recommendations. I

2 mean, I understand that you've got the Act, the Act

3 applies and if there are violations of that Act,

4 then presumably there could be enforcement action.

5 But in respect of recommendations that come out of

6 this process, I mean, I don't think you're

7 suggesting that all of the recommendations that

8 come out of this process would get the force of law

9 which could then be enforced under the Migratory

10 Birds Convention Act, are you?

11 A. No.

12 Q. No. So that's what I was just referring to is how

13 then do you ensure those recommendations, like the

14 one I just mentioned, is adhered to?

15 A. So in general, there's the follow-up monitoring

16 programs. There is the opportunity under the new

17 legislation under the Canadian Environmental

18 Assessment Act for enforceable conditions. But

19 we're certainly not there yet.

20 Q. Okay. And are you asking that all of the

21 recommendations that you're making here be part of

22 a follow-up monitoring program?

23 A. It's a requirement under the Canadian Environmental

24 Assessment Act for follow-up, so, in a sense, they

25 would be captured that way.

Realtime Connection [email protected] 3311

1 Q. Thank you. At page 17 of the Environment Canada

2 Report, it's PDF 59.

3 A. Yes.

4 Q. In the summary, it says:

5

6 "Developing integrated

7 management frameworks, monitoring

8 cumulative effects of multiple

9 stressors through an integrated

10 monitoring program, and

11 implementing coordinated mitigation

12 measures are necessary to manage

13 the oil sands region from an

14 economic, social and environmental

15 perspective."

16

17 Where in that suite of perspectives,

18 economic, social and environmental, would you say

19 that the First Nation Rights are considered, or are

20 they?

21 A. I think they would be considered throughout those

22 three categories.

23 Q. And can you say that they have been?

24 A. With respect to any of those three?

25 Q. Yes, I'm just wondering where in there is the, you

Realtime Connection [email protected] 3312

1 know, the Aboriginal perspective, the Aboriginal

2 Rights perspective considered. I mean, it

3 explicitly says "economic, social and environmental

4 perspective," and I'm just wondering where the

5 Aboriginal Rights perspective fits in. And perhaps

6 it doesn't, but I'm just trying to understand.

7 A. I think it does. And in fact throughout our

8 submission and our text, and leading into our

9 recommendations, and even throughout this process,

10 we have taken in the information that we've

11 obtained through information that's been filed

12 through this process, various letters, various

13 dialogue that we've had, and that is taken into

14 consideration that we've had discussions with

15 Aboriginal peoples as we've formulated our own

16 specific recommendations, so those are actively

17 taken into consideration. So we've heard, for

18 instance, where there's an Aboriginal concern with

19 respect to, you know, air quality, and we've looked

20 at that and we've considered that information while

21 we've been doing our own assessment and formulating

22 our recommendations.

23 Q. So does, if I can step it one step further, does

24 Environment Canada acknowledge that protecting

25 First Nation and Aboriginal Treaty Rights is a

Realtime Connection [email protected] 3313

1 priority in terms of the work that you're doing

2 here?

3 A. I think that's really important.

4 Q. And so I guess I'm just trying to understand where

5 in the balancing act here, when you're looking at

6 managing the oil sands region from an economic,

7 social and environmental perspective, where in the

8 balance do Aboriginal Rights fit versus say Shell's

9 economic interests, can you say? I mean, you said

10 "I think so," and I'm just trying to understand.

11 A. That's getting into a policy-level discussion that,

12 you know, really is outside of what we can

13 certainly speak to here.

14 What's really important in this section to

15 appreciate is this section is really actually

16 speaking to cumulative effects and specifically the

17 regional initiatives that are at play, so it wasn't

18 meant to be an all-encompassing description of all

19 of the factors that might be considered.

20 Really, within our submission, we've done two

21 things: We focussed a lot on some very specific

22 project-specific recommendations for mitigation,

23 and then at the same time what we are acknowledging

24 here is the cumulative effects issue, at the large

25 scale. And within that, what we're describing

Realtime Connection [email protected] 3314

1 within this section, and in what's summarized

2 there, is that there's a number of initiatives at

3 play. And we all know about these things. The

4 Joint Canada/Alberta Implementation Plan for Oil

5 Sands Monitoring is a huge piece for us to that.

6 Obviously we have participated in the development

7 of LARP. And we have been an active member of

8 CEMA.

9 And so we are just acknowledging that there's

10 a number of these things at play that collectively

11 are being used to manage cumulative effects to

12 implement the various monitoring to enable

13 decision-making and ultimately that's to enable the

14 adaptive management framework going forward.

15 So it's not exclusive of Aboriginal

16 considerations, because any one of these things,

17 for instance the Joint Canada-Alberta

18 Implementation Plan does include considerations for

19 Aboriginal interests within that. So, again, it's

20 not necessarily explicitly written into this text

21 here because this text was for a different

22 summation, I guess you could say.

23 Q. And that was going to be my question. I didn't see

24 a lot of reference to Aboriginal and Treaty Rights

25 and considerations and so I'm just trying to

Realtime Connection [email protected] 3315

1 understand whether in fact that was an explicit

2 part of this, and I think your answer is, no, it's

3 not?

4 A. It's not explicit in this part of the text.

5 However, throughout our submission we have

6 acknowledged where we had heard Aboriginal concerns

7 as we were considering that information in the

8 formulation of our recommendations. So we've

9 certainly taken a very concerted effort to listen

10 and understand with respect to those issues, as

11 we've formulated these recommendations.

12 Q. Thank you. The summary goes on to say:

13

14 "In addition, the important

15 role of oil sands developers to

16 utilize best available technology

17 in an environment of continuous

18 improvement over the life-time of

19 these projects also work towards

20 the management of cumulative

21 effects by enabling adaptive

22 management."

23

24 And is it fair to say effectiveness of

25 Environment Canada's recommendations here relies

Realtime Connection [email protected] 3316

1 upon oil sands developers utilizing best available

2 technology?

3 A. That's a very broad statement. And I think that's

4 a key component of a number of mitigation options.

5 Obviously better environmental performance, you

6 would see with better technologies that are being

7 used. So I think that's one of the key factors

8 that's important to underline.

9 Q. And I'm just referring to the text there. I'm

10 sorry if it was a broad question. I'm just pulling

11 the text out of the actual summary there.

12 A. For sure. I understand. It's a very broad

13 summary.

14 Q. And I guess one of the assumptions in that summary

15 is that the technology will continuously improve;

16 right?

17 A. Absolutely.

18 Q. And you're also assuming that adaptive management

19 plans will be successful; correct?

20 A. Well, adaptive management in and of itself allows

21 for change over time, so if things aren't working,

22 there's that mechanism to go back and improve upon

23 or make those adjustments in order to achieve the

24 successful outcome that people are trying to

25 achieve.

Realtime Connection [email protected] 3317

1 Q. Now, we've heard in this hearing that the adaptive

2 management plans that Shell has are a little more

3 than a twinkle in their eye. Does that give you

4 much comfort in terms of the conclusions that

5 you're reaching here?

6 A. Well, this isn't with respect to Shell's adaptive

7 management plans necessarily. That's one

8 component. As we've noted here, obviously the

9 proponents have a key role in ensuring proper

10 environmental performance, but there's a number of

11 other mechanisms that would enable adaptive

12 management besides just the proponent's plans.

13 Q. But in fairness in respect of that paragraph, the

14 reference to adaptive management is in the sentence

15 where you talk about the important role of oil

16 sands developers, so I'm just trying to tie it back

17 to what the sentence says.

18 A. That's fair. That's attached within that sentence.

19 We do have other places within our submission where

20 we do talk about adaptive management more

21 generally. And that's not tied to any specific

22 proponent.

23 Q. Okay. And I don't think I asked this specifically,

24 but obviously you're assuming that the developer is

25 going to use the best available technology as they

Realtime Connection [email protected] 3318

1 move through the life of the project?

2 A. That would be the hope.

3 Q. Yes. Now, there's no real way, though, of knowing

4 at this stage whether the best available technology

5 in say 10 years is going to be able to manage

6 environmental effects to any significant level,

7 like, we just don't know that right now, do we?

8 A. No, I don't think we can say for certain what the

9 technology will look like in 10 years.

10 Q. I guess that's part of the struggle and it's one of

11 the things that this Panel is to determine, is we

12 don't actually have an accurate picture of what the

13 cumulative effects are now, never mind 20 years

14 from now; would that be fair?

15 A. I guess just to clarify. The Proponent had

16 modelled with respect to this particular Project, I

17 guess the cumulative impacts at the regional study

18 level, so there is some information available.

19 Q. So some information at the regional level. Let me

20 just then turn your mind to the Kirk Muir report

21 that Ms. Buss took you to. Because I think this is

22 perhaps helpful in the context of the discussion on

23 cumulative effects. And I just can't find the

24 exhibit number. Do you have that abstract before

25 you?

Realtime Connection [email protected] 3319

1 A. We do, thank you.

2 Q. I just don't have the exhibit number here. And

3 from what I understand, and I appreciate that it's

4 just an abstract, but the results are only the

5 initial phases of a monitoring program; is that

6 right?

7 A. MS. CHAMBERS: Yes, it is.

8 Q. I take it more data is required from this

9 particular study that's going on by Kirk and Muir

10 before any sort of informed decision can be made

11 about the significance of cumulative impacts from

12 some of these contaminants showing up in the bottom

13 of these lakes; is that fair?

14 A. Yes, it is. I think the contaminants in the lakes,

15 though, refers to the abstract by Muir at 427. The

16 abstract by Kirk is 424 and it doesn't talk about

17 the lakes, it's the snow one.

18 Q. Thank you. So certainly further data with respect

19 to the study you just mentioned would be I guess

20 very helpful to try and assess cumulative impacts?

21 A. The lake study?

22 Q. Yes.

23 A. Yes. I think as it says here, it's data from five

24 lakes, yes, five lakes and one reference lake.

25 Q. Okay.

Realtime Connection [email protected] 3320

1 A. And I should point out, too, it's data in it's very

2 early stage of interpretation.

3 Q. And I guess we don't really know when we're going

4 to have enough data to make some more informed

5 decisions about what's happening?

6 A. Well, one certainly hopes as time goes on, but on

7 the basis of what's shown in the abstracts here,

8 this is still in the early stage.

9 Q. Right. Is Environment Canada able to make at this

10 juncture, given what you've just said, is

11 Environment Canada able to make any assessment of

12 whether these deposits that are showing up in the

13 lakes, are these deleterious substances with

14 respect to fish-bearing waters, are you able to

15 make that kind of assessment at this juncture?

16 A. Well, the abstract, and I can only speak to the

17 abstract because I'm not the specialist who

18 conducted this work, but I think one of the

19 abstracts says that the concentrations were below

20 guidelines or limits. Actually I think that might

21 be -- I have to check and see which one of these

22 abstracts it is. But of the three that we

23 discussed earlier in the day, certainly one of them

24 says that it was below guidelines. I think it was

25 the Muir abstract which is number 427.

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1 Q. Okay. And that's below guidelines in respect of

2 whether there's deleterious substances?

3 A. Yes, yes. And you'll just have to let me confirm

4 which one it was, but I think it was the Muir one.

5 But when I'm saying guidelines, I'm referring to

6 CCME, the Canadian Council for Ministers of the

7 Environment.

8 Q. Is that something, I understand from the report,

9 the submissions of Environment Canada, that

10 Environment Canada administers Subsections 36(3) of

11 the Fisheries Act which prohibits the deposit of a

12 deleterious substance. So that's why I'm asking

13 you if that's something that you're able to tell

14 from this abstract. And is that something that

15 Environment Canada then keeps its eye on, I mean,

16 thus far given the findings?

17 A. MS. BARANIECKI: So absolutely. The

18 enforcement component of our department obviously

19 does follow up and do -- well, they do inspections

20 with respect to the Fisheries Act. So if they have

21 a suspicion or basically any operating facility

22 that might potentially fall under that Act could in

23 fact be inspected. They do follow up with

24 complaints. And this is all in accordance with

25 their compliance and enforcement policy, which I

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1 can provide that reference if anyone is interested.

2 But there is a very specific policy within

3 our department that guides our enforcement officers

4 as they discharge those duties with respect to the

5 Fisheries Act. So if there was the potential or

6 the deposit of a deleterious substance, that is

7 something that they could go and inspect to

8 determine if in fact there was a violation.

9 Q. And I guess the question is, given these abstracts

10 that we now have before us, is that something then

11 that Environment Canada will be keeping its eye on?

12 A. Our enforcement officers are certainly aware of the

13 work to some extent that's going on within the

14 department. At this point, though, I think there's

15 a difference between let's say a facility that

16 might discharge directly into the river during an

17 accident as an example, versus this is preliminary

18 scientific data, it's not necessarily tied to any

19 particular source. So it would be very, I would

20 assume, not being an enforcement officer, but it

21 would be very difficult to tie this back at this

22 point, being that it's such preliminary data.

23 Q. And that was going to be my next question is how do

24 you actually tie it back to any specific operation?

25 I guess there's no real way to do that?

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1 A. Not to my knowledge. But we do have enforcement

2 officers that are on the ground. They do come up

3 to Fort McMurray. We do have an office here and

4 they go out and do inspections in the area.

5 Q. I'm just trying to understand how if there is a

6 substance which ends up violating Section 36 of the

7 Fisheries Act, how do you actually, how are you

8 able to tie that back to an operator? Is there any

9 way you can do that, that you know of?

10 A. I think at this point we're getting into a very

11 legal type of discussion that an enforcement

12 officer would need to do through their inspections

13 and investigations. We're getting into the type of

14 evidence that they might need to collect and

15 whether or not that could be proven in a court of

16 law. So that's really outside of what we can speak

17 to. But in general, those are all the kinds of

18 steps that are involved.

19 Q. Going to the submissions again at page 32. This is

20 PDF page 74. In the second paragraph, do you have

21 that there?

22 A. Yes.

23 Q. Sort of partway through:

24

25 "Limited information is

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1 available on population trends of

2 most species at risk and migratory

3 birds in the oil sands region..."

4

5 Is that statement still true?

6 A. MR. WIACEK: For most, that's correct.

7 Q. And it goes on to say: "... and the cumulative

8 effects of industrial development." Is that still

9 true?

10 A. In terms of population trajectories, that's

11 correct.

12 Q. Okay. And:

13

14 "Thresholds of habitat loss

15 that trigger changes in population

16 persistence (sustainability) or

17 resilience are also largely

18 unknown."

19

20 Is that still correct?

21 A. That's correct. We have no information on

22 thresholds for most species, whether they actually

23 occur for species.

24 Q. And is that why it goes on to say that you've

25 initiated an integrated monitoring program, and is

Realtime Connection [email protected] 3325

1 that why you've done that is to try and gather that

2 information for terrestrial biodiversity in the oil

3 sands area?

4 A. MS. SONG: Yes, that's part of the

5 reason is to fill in some of those gaps.

6 Q. And when is that program set to begin, do you know?

7 A. It has begun.

8 Q. Oh, okay. When is it going to be fully

9 implemented, do you know?

10 A. Our goal is in three years, so by 2015. But we've

11 said it's an adaptive management approach, and I

12 certainly anticipate that we'll be learning and

13 changing the program in the response to the

14 information we gain.

15 Q. All right. So you're still learning as you go and

16 you're going to presumably make some modifications

17 or changes as you go along?

18 A. Yes.

19 Q. Yes.

20 MR. MURPHY: I believe I'm just about done,

21 Mr. Chair. I'll just have one moment. Thanks. I

22 think I'm going to turn things over to my

23 colleague, Jenny Biem.

24 I note the time and I wonder if we should

25 just resume in the morning.

Realtime Connection [email protected] 3326

1 THE CHAIRMAN: That's probably a good plan,

2 sir.

3 MR. MURPHY: Thank you, Panel.

4 THE CHAIRMAN: Thank you, panel. See you at

5 8:30.

6

7 (The Proceeding Adjourned at 7:46 p.m.)

8 (The hearing to resume on Thursday,

9 November 15th, 2012 at 8:30 a.m.)

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1 REPORTER'S CERTIFICATION

2

3 I, Nancy Nielsen, RCR, RPR, CSR(A), Official

4 Realtime Reporter in the Provinces of British Columbia

5 and Alberta, Canada, do hereby certify:

6

7 That the proceedings were taken down by me in

8 shorthand at the time and place herein set forth and

9 thereafter transcribed, and the same is a true and

10 correct and complete transcript of said proceedings to

11 the best of my skill and ability.

12

13 IN WITNESS WHEREOF, I have hereunto subscribed

14 my name this 13th day of November, 2012.

15

16

17

18 ______

19 Nancy Nielsen, RCR, RPR, CSR(A)

20 Official Realtime Reporter

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Realtime Connection [email protected] 1 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

# 017-048 [3] - 2984:3; 3059:24; 3157:16; 3065:22; 3090:4; 3091:2; 3238:13, 15 3207:12, 17 3094:7; 3096:7; 3103:23; 017-049 [2] - 2984:5; 3248:8 150 [1] - 3036:8 3104:2; 3105:8; 3123:19; #175 [1] - 2978:17 017-050 [3] - 2984:8; 151 [1] - 2976:24 3140:14; 3143:18; #468 [1] - 2978:13 3261:25; 3262:2 1554388 [1] - 2976:4 3165:22; 3167:16, 22 039 [2] - 3109:15 15th [2] - 3091:19; 3326:9 $ 041 [1] - 3152:22 15TH [1] - 2982:20 2 042 [2] - 3153:3 16 [3] - 3157:17; 3159:15; 043 [1] - 3162:15 3298:19 $160,000 [1] - 3068:15 2 [10] - 2984:3; 3009:21; 049 [1] - 3248:5 17 [4] - 3163:2; 3226:21; $35,000 [1] - 3013:25 3039:19; 3082:21; 3279:5; 3311:1 3222:19; 3237:21; 3238:9, 1714 [2] - 3001:1, 5 ' 1 15; 3253:17; 3254:11 18 [4] - 2998:5; 3219:10, 13; 2(j) [1] - 3302:9 3221:2 1 [51] - 2978:19; 2980:5, 2,612 [1] - 3106:21 '30s [1] - 3048:16 18,000 [1] - 3232:4 9-10, 12-13, 17-18, 22; 2.5 [1] - 3190:13 '70s [3] - 3023:3; 3045:15; 1800s [1] - 3084:24 2981:2; 2988:11; 2989:21; 20 [21] - 3019:12; 3049:10; 3190:3 1867 [2] - 3048:3, 9 2990:12; 2992:16; 2993:4; 3065:5; 3108:14; 3112:8; '80s [3] - 3053:9; 3242:14, 18 1869/'70 [1] - 3035:15 2994:1, 8; 3018:1; 3019:1; 3117:20; 3143:17; 3191:8; 1870 [2] - 3036:6; 3052:15 3020:8; 3055:21, 23; 3192:25; 3208:13; 1885 [1] - 3035:18 0 3060:16, 25; 3061:4; 3226:23; 3227:11; 3229:5, 19 [2] - 2976:10; 3221:5 3063:20; 3064:6; 3068:21; 9; 3232:25; 3262:9; 1900s [1] - 3084:25 0.2 [2] - 3210:23; 3211:1 3069:5; 3070:25; 3073:24; 3279:5; 3284:23; 3287:10; 1905 [1] - 3036:13 001-001J [1] - 2996:20 3074:1; 3076:1; 3077:18; 3318:13 1906 [1] - 3076:19 001-006A [2] - 3070:17, 20 3080:23; 3137:5; 3150:23; 20-30 [1] - 3233:11 1909 [2] - 2992:22; 2993:6 001-051E [1] - 3110:8 3203:5; 3257:13; 3294:17, 20.5 [1] - 3106:22 193 [1] - 2992:6 001-051F [1] - 3061:1 19; 3296:9; 3297:19; 2000 [2] - 2976:7 1930 [1] - 3021:4 001-051R [1] - 2998:5 3300:15 2001 [2] - 3237:11, 14 1930s [3] - 3010:6, 18; 001-061 [1] - 3070:18 1.0 [2] - 2983:7; 3107:21 2003 [4] - 3039:12; 3049:15; 3026:7 005-002 [1] - 3193:17 1.5 [2] - 3183:6, 9 3218:16 1933 [2] - 3027:18, 20 [17] 2004 [1] - 3053:18 005-020 [4] - 3123:20; 10 - 3019:13; 3071:2; 1935 [13] - 2988:23; 2989:4; 3203:7; 3264:10; 3279:4 3088:6; 3116:7, 9; 3117:3; 2005 [5] - 3105:15; 3163:2; 2998:9, 20; 3012:10, 18; 005-026 [4] - 2983:5; 3183:18, 21; 3203:7; 3218:15, 19; 3219:18 3023:23; 3024:4; 3029:20; 3093:21, 23; 3179:5 3286:10, 16; 3287:7, 9; 2006 [8] - 2985:16; 3154:16; 3301:19, 21; 3318:5, 9 3033:19; 3056:17; 3057:2; 3177:22; 3220:9; 3224:15; 010-004 [1] - 3026:23 3058:14 100 [6] - 3071:5; 3093:19; 3225:23; 3226:4, 8 010-004A [1] - 3059:23 1939 [1] - 3048:10 3187:13; 3218:1; 3276:25; 2007 [11] - 2996:19; 3001:2, 010-006 [4] - 2990:23; 1958 [1] - 3215:18 3009:21; 3020:9; 3026:24 3277:5 7, 18; 3061:9; 3071:8; 105 [1] - 3072:1 1970s [3] - 3007:10; 3028:20; 3109:19; 3212:9; 3220:14; 010-025 [1] - 3012:12 10:16 [1] - 3065:4 3190:3 3237:13; 3238:22 010-027 [3] - 2983:3; 1971 [1] - 3034:16 3087:22, 24 11 [3] - 3060:1; 3219:9, 11 2008 [12] - 2985:6; 2991:21; [1] 11th [1] - 3091:18 1976 - 3047:4 3042:3; 3058:15; 3156:10; 017-037 [4] - 2985:8; 1978 [1] - 3023:10 3167:9; 3177:11, 18; 3177:25; 3178:7, 15 12 [11] - 3100:10; 3154:11; 3207:11, 15-16; 3219:7; 1980s [2] - 3047:16; 3051:9 3219:3, 17, 25; 3222:2 017-039 [3] - 2983:6; 1981 [1] - 3046:20 2009 [6] - 3071:8; 3176:7; 3107:18, 20 3286:10, 16, 20; 3287:7 121 [1] - 3275:4 1982 [1] - 3034:21 3189:6; 3190:21, 25; 017-040 [3] - 2983:8; 3119:1, 1983 [2] - 3034:13, 19 3215:18 3 125 [3] - 2998:14; 3056:16; 3065:24 1987 [1] - 3001:11 2010 [17] - 2983:9; 2985:6; 017-041 [2] - 2983:10; 1992 [3] - 3047:17; 3048:24; 3109:18; 3119:4; 3143:19; 3152:25 126 [1] - 3001:8 12:00 [2] - 3104:20, 25 3129:13 3167:16; 3176:7; 3177:11, 017-042 [2] - 2983:11; 3153:6 12:10 [2] - 2982:5; 3120:19 1993 [2] - 3045:17; 3049:13 19; 3183:16; 3188:9; 017-043 [2] - 2983:13; 1994 [2] - 3029:18; 3076:15 3189:3; 3190:21, 25; 3162:17 12:15 [1] - 3104:25 1996 [1] - 3008:12 3221:12; 3222:24; 3225:17 017-044 [3] - 2983:15; 13 [5] - 2976:17; 3182:24; 1997 [1] - 3237:13 2010/055 [2] - 2983:22; 3172:3, 6 3183:5, 9 1998 [1] - 3053:18 3238:1 017-045 [3] - 2983:17; 135 [1] - 3065:24 1999 [1] - 3238:22 2011 [15] - 3140:22; 3142:21, 3201:12, 14 13th [1] - 3327:14 1:00 [2] - 3121:1, 3 23; 3157:23; 3158:23; 017-046 [3] - 2983:20; 14 [4] - 2976:16; 2980:3; 1:1 [2] - 3233:6; 3285:11 3180:8; 3182:20; 3199:23; 3222:10, 12 2987:1; 3144:16 1:10 [3] - 2982:5; 3120:16, 20 3220:23; 3221:5; 3237:14, 017-047 [3] - 2983:21; 14-jurisdiction [1] - 3161:15 1st [17] - 3027:20; 3059:19; 16; 3238:6; 3244:20 3237:23, 25 15 [6] - 3023:13; 3046:1;

Realtime Connection - the Realtime EXPERTS - [email protected] 2 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

2012 [28] - 2976:10, 16; 3284:24 42 [2] - 2986:3; 3261:4 3119:4; 3203:7; 3219:10, 2980:3; 2982:20; 2984:9; 3055 [1] - 2980:17 424 [6] - 2985:12; 3179:16; 12; 3262:3 2987:1; 2998:2; 3001:2, 3065 [1] - 2980:20 3187:25; 3192:3, 12; 7.1 [2] - 3208:16 18; 3060:25; 3061:21; 3073 [2] - 2980:21; 2981:2 3319:16 7.2 [2] - 3234:19; 3236:5 3064:1; 3110:8; 3138:16; 3087 [2] - 2981:5; 2983:3 425 [4] - 2985:12; 3191:14; 70 [2] - 3109:20; 3277:5 3158:22; 3163:6; 3169:25; 3088 [2] - 2981:6 3192:3, 12 74 [1] - 3323:20 3180:9; 3182:20; 3197:10; 3090 [1] - 2981:23 427 [7] - 2985:12; 3188:19; 75 [1] - 3009:24 3224:4; 3246:10; 3247:5; 3093 [1] - 2983:5 3191:14; 3192:4, 12; 77 [1] - 3264:10 3262:4; 3326:9; 3327:14 3095 [1] - 2981:24 3319:15; 3320:25 79(2 [4] - 3144:13, 22; 2013 [3] - 3042:21; 3157:12; 31 [1] - 3023:12 43 [2] - 2986:7; 3289:13 3145:12, 25 3160:20 3104 [1] - 2982:2 44 [1] - 3270:20 79-2 [1] - 3119:17 2014 [1] - 3160:20 3107 [1] - 2983:6 46 [3] - 3070:7; 3167:23; 7:46 [2] - 2982:19; 3326:7 2015 [2] - 3160:20; 3325:10 3119 [1] - 2983:8 3272:18 2016 [1] - 3160:20 3120 [2] - 2982:4, 6 48-page [2] - 3070:6, 8 8 2020 [5] - 3163:2, 8, 22, 25; 3123 [1] - 2982:7 3164:7 3152 [1] - 2983:10 5 8 [6] - 3138:11; 3275:2, 5; 2025 [2] - 3272:24; 3273:3 3153 [1] - 2983:11 3291:16; 3292:3; 3293:24 2041 [3] - 3106:3, 20; 3107:8 3162 [1] - 2983:13 5 [6] - 2998:3; 3062:25; 80 [1] - 3023:11 21 [1] - 3211:4 3172 [2] - 2982:9; 2983:15 3114:21; 3173:25; 81 [2] - 3212:20; 3239:9 22 [3] - 3127:3; 3234:18; 3177 [1] - 2985:4 3291:22; 3293:9 85 [1] - 3010:5 3236:4 3178 [1] - 2985:8 5,221 [1] - 3107:9 86 [1] - 3270:21 2207 [1] - 3117:19 3192 [1] - 2985:12 5-22 [1] - 3072:4 88 [1] - 3006:9 22nd [1] - 3121:22 3193 [1] - 2982:11 5-71 [1] - 3105:24 8:00 [1] - 3263:11 23 [4] - 2998:6; 3132:20; 32 [2] - 3142:8; 3323:19 5-74 [1] - 3106:16 8:30 [6] - 2980:4; 2982:20; 3190:14; 3208:15 3201 [1] - 2983:17 5-77 [1] - 3107:5 2331 [3] - 3001:7; 3006:3; 2987:2; 3193:8; 3326:5, 9 3222 [1] - 2983:20 3011:7 5.1 [1] - 3212:20 8th [1] - 3058:15 3226 [1] - 2985:16 50 [15] - 2985:6; 3036:8; 23rd [1] - 3121:22 3237 [1] - 2983:21 3143:10; 3176:6; 3177:10, 24 [1] - 3211:6 9 3238 [1] - 2984:3 18; 3183:7, 19; 3186:6, 15, 25 [6] - 3072:6; 3170:7, 20; 3248 [1] - 2984:5 3187:13; 3234:19; 3265:8 18; 3187:3, 10; 3216:24; 3256 [1] - 2985:18 3270:11 90 [2] - 2996:22; 3109:21 25.5 [1] - 3106:7 3261 [1] - 2986:3 50-year [1] - 3216:5 91-24 [3] - 3048:3, 9, 14 25.8 [1] - 3107:10 3262 [1] - 2984:8 51,244 [1] - 3207:25 92 [1] - 3070:22 26 [2] - 3060:2; 3306:14 3263 [1] - 2982:14 52 [3] - 2976:10; 3291:1, 19 94 [1] - 3291:18 27 [1] - 3307:15 3278 [1] - 2982:17 55 [1] - 3048:25 95 [1] - 3268:15 28th [2] - 3169:24; 3266:2 3289 [1] - 2986:7 59 [1] - 3311:2 97 [1] - 3008:18 2976 [1] - 2976:18 33 [1] - 3248:14 59540 [1] - 2976:5 98 [1] - 3008:18 2986 [1] - 2980:3 3326 [1] - 2982:19 5:08 [2] - 2982:15; 3263:7 99-year [1] - 3032:20 2988 [2] - 2980:5, 8 34 [3] - 3023:12; 3145:18; 5C5 [1] - 2976:25 2989 [1] - 2980:9 3251:16 A 2990 [1] - 2980:12 35 [9] - 3046:16-18; 3049:12; 6 2991 [1] - 2980:16 3076:9; 3188:23; 3264:9, 29th [1] - 3266:2 14; 3307:12 A.M [2] - 2980:4; 2982:20 a.m [3] - 2987:2; 3193:8; 2:1 [1] - 3285:21 35(2 [4] - 2986:8; 3288:20; 6 [4] - 3270:20; 3288:1, 6; 2:51 [1] - 3192:24 3289:8, 14 3292:9 3326:9 abandoned [1] - 3051:24 36 [1] - 3323:6 60 [1] - 3122:16 ability [16] - 3021:23; 3031:2; 3 36(3 [1] - 3321:10 61 [1] - 3070:21 3069:12; 3075:6; 3083:6, 37 [2] - 2985:4; 3177:15 62 [1] - 3239:16 14; 3095:17; 3141:23; 38 [2] - 2985:8; 3178:7 63 [1] - 2992:13 3 [7] - 2990:22; 3020:7, 10; 3228:9; 3236:2; 3241:15; 39 [4] - 2985:12; 3192:11; 66 [1] - 3023:15 3059:24; 3060:2, 22; 3256:7; 3281:3; 3286:22; 3212:19; 3213:18 662 [1] - 3009:21 3183:6 3287:6; 3327:11 68 [1] - 3306:15 3-23 [1] - 3110:9 able [61] - 2996:2, 8-9; 69 [1] - 3307:15 3.1.1.2 [1] - 2997:11 4 3007:9; 3010:9; 3011:21; 6:00 [3] - 2982:16; 3263:4, 8 3.2.2.1 [1] - 2996:22 3016:13; 3017:16; 6th [1] - 3219:3 3.3.2.3 [1] - 3008:17 4 [3] - 3113:9; 3114:7, 17 3047:20; 3054:18; 3.4.6 [1] - 3001:8 4,256 [1] - 3106:6 7 3059:16; 3070:5; 3074:16; 3.4.6.1 [2] - 3001:10; 3002:1 40 [6] - 2985:16; 3007:16; 3089:25; 3092:25; 30 [7] - 2998:2; 3227:11; 3112:9; 3143:10; 3226:8 3095:13; 3096:22; 3229:5, 9; 3232:25; 41 [2] - 2985:18; 3256:14 7 [8] - 2983:9; 2984:9; 3129:18; 3148:2; 3167:3;

Realtime Connection - the Realtime EXPERTS - [email protected] 3 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

3168:21; 3169:2, 5, 17; accommodated [4] - 3013:3; 16; 3306:12; 3307:10; 3064:19; 3066:14; 3174:22; 3175:4; 3176:4, 3049:2; 3081:12 3308:5, 21, 25; 3309:5, 10, 3069:16; 3090:19; 10; 3186:13; 3196:15, 25; accommodation [9] - 13, 18-20; 3310:2, 10, 18, 3100:18; 3103:19; 3245:5; 3199:8; 3200:21; 3201:21, 3037:12; 3038:10, 17-18; 24; 3321:11, 20, 22; 3260:7; 3263:14, 21, 25; 23; 3205:1; 3228:7; 3039:9, 21; 3041:9; 3322:5; 3323:7 3283:1; 3304:11 3233:2; 3235:9; 3267:18; 3051:6; 3280:16 act [2] - 3248:2; 3313:5 ADDRESSED [2] - 2985:21; 3268:23; 3273:18; 3274:8; accommodations [1] - ACT [5] - 2976:7, 10; 3256:19 3280:23; 3285:14, 25; 3122:10 2983:10; 3152:25 addressed [6] - 3059:13; 3286:8; 3287:5, 12; accompanying [1] - 3030:8 Act's [1] - 3115:11 3123:5; 3200:9; 3255:20; 3288:7; 3295:7, 14; accord [1] - 3048:23 Acting [1] - 3097:25 3263:17; 3282:24 3296:5; 3299:18; 3308:18; Accord [4] - 3047:22; action [4] - 3148:7; 3165:10; Addressing [3] - 3143:22; 3318:5; 3320:9, 11, 14; 3049:1, 5 3245:17; 3310:4 3144:2, 7 3321:13; 3323:8 accordance [2] - 3212:1; actions [5] - 3116:24; addressing [3] - 3080:8; Aboriginal [38] - 2991:19, 3321:24 3117:2; 3148:16, 19; 3115:3; 3163:14 22; 2993:15; 2994:9, 19; according [2] - 3128:24; 3165:15 adequacy [2] - 3095:8, 11 3001:9; 3021:23; 3028:19; 3129:1 active [3] - 3074:10; 3277:3; adequate [2] - 3204:10; 3034:15, 24; 3035:3; account [9] - 3077:4; 3080:7; 3314:7 3280:3 3042:13; 3045:15; 3081:25; 3217:6; 3252:13; actively [1] - 3312:16 adequately [1] - 3251:8 3046:25; 3048:10; 3049:4; 3271:18; 3291:9; 3308:3 activities [3] - 2997:23; adhered [1] - 3310:14 3075:19; 3076:18; 3094:9; accumulates [1] - 3184:2 3167:25; 3251:23 adjourned [3] - 3120:19; 3095:1, 13, 15-16; accuracy [1] - 3268:17 activity [3] - 3079:3; 3263:7; 3326:7 3200:19; 3236:13; ACCURATE [2] - 2985:10; 3276:25; 3277:20 ADJOURNED [3] - 2982:5, 3255:19; 3287:19; 3312:1, 3178:10 actual [14] - 3033:13; 3051:7; 15, 19 5, 15, 18, 25; 3313:8; accurate [9] - 3140:17; 3071:20; 3112:5; 3140:23; adjournment [5] - 3065:7; 3314:15, 19, 24; 3315:6 3178:4, 15; 3180:22; 3148:16; 3152:16; 3088:9; 3120:18; 3193:3; abridge [1] - 3090:14 3205:11; 3223:1; 3228:18; 3153:19; 3216:13; 3263:6 absence [1] - 3094:13 3245:24; 3318:12 3230:18; 3249:22; 3299:3; ADJOURNMENT [5] - absolutely [4] - 2987:22; accurately [1] - 3002:10 3310:1; 3316:11 2980:20; 2981:6; 2982:4, 3201:9; 3316:17; 3321:17 ACFN [18] - 2998:17; Adams [1] - 2977:7 11, 14 ABSTRACT [2] - 2985:14; 3001:14; 3021:22; 3068:8, adaptive [22] - 3149:20; adjustments [1] - 3316:23 3192:15 10, 14, 16; 3074:21; 3249:5, 12-13, 18; 3250:1, administers [1] - 3321:10 Abstract [2] - 3091:20; 3279:8, 12, 20; 3280:17; 4, 17; 3251:12; 3304:11, administrative [2] - 3080:22 3092:22 3281:2; 3282:16; 3283:2; 17; 3305:3; 3314:14; administrator [1] - 3019:8 abstract [25] - 3091:7, 23; 3285:6, 24; 3287:12 3315:21; 3316:18, 20; administrators [1] - 3018:20 3092:4; 3179:4, 16; ACFN's [8] - 2999:5; 3317:1, 6, 11, 14, 20; admit [1] - 3044:20 3181:1, 4, 10; 3182:14, 22; 3000:24; 3280:3, 7; 3325:11 Adobe [2] - 3059:24; 3072:1 3187:9, 24; 3188:4, 19, 22; 3281:20; 3283:22; adaptively [2] - 3205:14, 16 adopt [2] - 3113:15; 3130:10 3191:14; 3192:7; 3318:24; 3306:24; 3307:3 add [8] - 3085:25; 3111:4; adopted [4] - 3078:12; 3319:4, 15-16; 3320:16, achieve [2] - 3316:23, 25 3121:11; 3161:17; 3082:13; 3095:19; 3118:15 25; 3321:14 acid [1] - 3160:9 3202:13; 3259:21; 3260:2; advance [4] - 3066:22; abstracts [8] - 3092:5, 16; acids [10] - 3157:20; 3158:7, 3281:4 3094:16; 3095:17; 3162:5 3093:13; 3320:7, 19, 22; 14, 18; 3159:4, 6, 9; adding [1] - 3001:25 advantage [1] - 3012:8 3322:9 3160:5, 13; 3161:5 addition [8] - 2992:18; adverse [8] - 3113:5, 7; academic [5] - 2991:18; acknowledge [4] - 3168:12; 2993:11; 2994:1; 2997:11; 3114:4; 3140:6; 3142:15; 2993:13, 17; 3251:22; 3285:11; 3312:24 3006:1; 3128:6; 3251:19; 3144:24; 3145:10; 3205:8 3252:19 acknowledged [4] - 3115:23; 3315:14 advice [7] - 3038:20; academic-based [2] - 3124:7; 3164:2; 3315:6 additional [25] - 3002:10; 3100:14; 3173:1, 10, 12; 3251:22; 3252:19 acknowledging [3] - 3040:8; 3006:3; 3068:17; 3098:4; 3235:20; 3256:8 academics [1] - 3230:24 3313:23; 3314:9 3113:19; 3132:24; ADVISE [6] - 2985:22; accept [2] - 3131:4; 3244:17 acknowledgment [1] - 3133:14; 3140:22; 2986:3, 7; 3256:19; acceptable [2] - 3267:25; 3033:13 3148:25; 3156:17, 25; 3261:5; 3289:13 3268:1 acquisition [1] - 3250:3 3169:19; 3174:6; 3181:13, advise [4] - 3103:16; 3228:6; accepted [4] - 3012:16; acre [1] - 3032:19 17; 3198:9; 3202:12; 3255:21; 3260:23 3241:25; 3247:24; 3248:25 Act [58] - 3034:21; 3048:3, 3205:2; 3208:17, 19; advised [4] - 3065:13, 16; access [12] - 3015:19; 7-8; 3084:17; 3113:1, 9; 3264:19; 3293:11, 21; 3066:3; 3175:5 3063:2; 3228:7; 3230:23; 3114:1, 7-8, 18-19, 25; 3307:20; 3308:3 advising [1] - 2987:9 3279:12, 21; 3280:14, 21; additionally [5] - 2999:18; 3115:2, 4, 7; 3132:2, 6, 9, advisories [1] - 3235:21 3283:6, 12; 3286:8 3005:13; 3012:9; 3024:15; 13; 3141:21; 3143:22, 24; advisors [1] - 3033:15 accessible [1] - 3280:19 3025:24 3144:1, 4, 7, 9; 3146:23, ADVISORY [4] - 2983:21; accident [1] - 3322:17 25; 3209:25; 3288:1, 12, address [14] - 3050:1; 2984:5; 3237:25; 3248:8

Realtime Connection - the Realtime EXPERTS - [email protected] 4 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

Advisory [5] - 3222:17; agreed [8] - 3039:17; 3243:9; 3245:13; 3246:9; Analysis [2] - 3021:2; 3223:7; 3243:17; 3244:14; 3042:18; 3045:21; 3247:1; 3253:8; 3254:18; 3145:19 3247:16 3046:24; 3047:9; 3223:9, 3255:11; 3256:4; 3288:5; analysis [17] - 2999:13; AENV [3] - 3154:21; 3155:18; 22 3314:17; 3327:5 3001:4; 3038:23; 3112:2; 3156:4 agreement [17] - 2988:19; ALBERTA [16] - 2976:2, 11; 3128:20, 24; 3129:1; aerial [1] - 3176:7 2989:5, 7; 3038:1; 2980:5, 9, 12, 17, 21; 3137:7; 3142:20, 25; aerosol [1] - 3184:9 3039:14; 3040:6, 15, 21; 2981:2; 2985:20; 2988:11; 3143:3; 3182:21; 3194:21; affair [1] - 3123:3 3044:11; 3051:4, 7; 2989:20; 2990:12; 3199:4; 3258:5, 23 Affairs [1] - 3042:14 3068:7; 3121:16; 3161:16; 3055:21; 3073:24; 3256:16 analyst [4] - 3100:1, 5; affect [9] - 3078:9; 3208:22; 3223:12, 15 Alberta's [4] - 3049:3; 3102:22, 25 3209:3, 12; 3211:16; Agreement [1] - 3084:20 3059:19; 3147:24; 3148:3 analytical [1] - 3158:14 3221:17; 3242:5 agreements [9] - 2989:1; Albian [2] - 2989:6; 3154:15 analyze [3] - 3181:16; affected [14] - 3078:2, 23; 3039:23; 3068:19, 22; Alex [1] - 2977:4 3194:20; 3240:9 3079:4, 7; 3080:1; 3083:2, 3082:17; 3288:2, 4, 11, 17 alive [2] - 3007:7, 24 analyzed [4] - 3143:14; 9; 3126:20; 3140:2, 17; agrees [1] - 3255:22 all-encompassing [1] - 3182:3, 16; 3259:2 3171:6; 3240:4; 3298:21; AGREES [2] - 2985:22; 3313:18 analyzing [1] - 3190:8 3307:22 3256:20 allow [2] - 3088:2; 3249:5 AND [56] - 2976:3, 5-6, 8-9, affecting [2] - 3014:17; Agricultural [1] - 3027:19 allowance [12] - 3133:24; 11; 2980:5, 9-10, 12, 3126:24 Aguas [1] - 2977:14 3134:5, 25; 3135:11; 17-18, 22; 2981:3, 8; Affidavit [1] - 3010:13 ahead [8] - 2988:9; 3007:8; 3137:9; 3138:1, 6, 12; 2983:10, 17-18; 2984:9; AFFIRMED [6] - 2980:14; 3014:2; 3067:11; 3089:19; 3150:12; 3152:5; 3301:5 2985:6, 11-12, 20; 2986:5; 2981:7; 2990:15; 3088:12 3119:21; 3165:3; 3283:5 Allowance [1] - 3138:11 2988:11-13; 2989:21; affirmed [1] - 3129:24 ahold [1] - 3084:3 Allowances [1] - 3152:14 2990:12; 3055:22; affirming [1] - 3089:21 aid [1] - 3169:21 allowances [10] - 3133:21; 3073:25; 3088:14; 3153:1; afford [2] - 3269:24; 3281:7 aide [2] - 3118:18; 3290:10 3134:8, 11, 14; 3138:22; 3177:18; 3178:11; afforded [2] - 3076:9; aide-memoire [2] - 3118:18; 3149:6; 3150:7; 3151:6; 3192:12; 3201:14, 16; 3146:22 3290:10 3300:22; 3301:1 3256:16; 3261:8; 3262:4 afield [1] - 3290:14 aids [1] - 3118:24 ALLOWANCES [2] - AND/OR [2] - 2981:7; afraid [4] - 3108:19; 3165:4; ain't [1] - 3047:12 2983:12; 3153:7 3088:11 3175:24; 3176:9 air [13] - 3099:19, 23; 3100:1, allows [1] - 3316:20 animals [3] - 3010:23; Afshan [1] - 2977:19 5, 7; 3174:21; 3176:20; alluded [1] - 3024:3 3015:18; 3062:19 AFTERNOON [1] - 2982:11 3177:3, 5; 3185:8; almost [3] - 3049:10; 3055:9; Ann [1] - 3058:20 afternoon [7] - 3120:23; 3270:19; 3312:19 3270:3 ann [1] - 3058:21 3121:13; 3172:11; 3193:3; Air [2] - 3079:11; 3099:21 alphabetical [1] - 2978:5 Anna [2] - 2978:15; 2979:11 3212:23; 3234:2 airborne [1] - 3177:8 Altalink [1] - 2992:17 Anne [1] - 3058:18 afterwards [1] - 3127:4 AIRBORNE [2] - 2985:4; alteration [2] - 3207:25; annotated [1] - 3008:17 agency [2] - 3288:23; 3289:9 3177:16 3209:20 annual [1] - 3085:10 AGENCY [5] - 2976:5; al [2] - 3109:18; 3189:1 alterations [1] - 3236:22 ANOTHER [2] - 2986:9; 2977:6; 2986:9; 3289:16 Alberta [92] - 2976:24; alternative [1] - 3206:16 3289:15 Agency [2] - 3289:20; 3290:2 2978:18, 24; 2987:11, 21; Amanda [2] - 2977:12; answer [42] - 3008:9; 3017:5; ago [10] - 3033:25; 3035:7; 2991:17, 23; 2992:15; 3089:23 3019:8; 3076:11; 3078:4; 3038:14; 3041:11; 2993:4, 24; 2994:8, 18, 22; ambient [3] - 3273:23; 3090:11; 3093:1; 3094:5; 3042:23; 3081:17; 3007:12; 3012:17; 3021:4, 3274:3, 9 3095:1, 9; 3097:12, 20; 3082:20; 3122:25; 9, 24; 3027:18; 3030:13, amended [1] - 3260:14 3098:2, 11, 21; 3099:2, 7, 3130:16; 3309:4 23; 3036:14, 19; 3037:8, amendment [1] - 3048:2 16, 22; 3100:2, 6; 3101:12; agree [47] - 2999:5; 3046:7; 11, 14-16; 3038:4, 16, 19, Amiot [1] - 3001:9 3103:2; 3114:15; 3125:24; 3063:10; 3075:18; 24-25; 3041:25; 3043:8, amount [16] - 3031:11; 3131:4, 18; 3135:16; 3112:15, 18, 23-24; 22; 3045:8; 3051:1; 3108:25; 3119:11; 3120:1; 3142:6; 3175:20; 3177:1; 3115:7; 3117:1, 21; 3060:16; 3069:4; 3076:2, 3143:13; 3164:24; 3194:24; 3231:12; 3244:1; 3118:3; 3119:7; 3126:3, 9; 22, 24; 3078:16; 3079:12; 3165:25; 3166:17; 3245:22; 3253:16; 3280:9, 3134:6, 15, 18; 3135:5; 3080:5, 20; 3081:15, 20; 3168:22; 3177:22; 3190:7, 23; 3285:9; 3287:13; 3136:25; 3137:12, 17, 21; 3082:14; 3083:1, 17; 10; 3229:1; 3230:15; 3300:6; 3315:2 3147:23; 3164:5; 3165:13; 3098:13; 3099:17, 24; 3232:11 answered [2] - 3234:21; 3168:24; 3171:8, 17; 3102:3, 16; 3126:18; amounts [1] - 3068:14 3277:24 3183:13; 3191:1; 3207:21; 3146:17; 3147:6, 9, 20; amplitude [1] - 3116:21 answering [5] - 3075:17; 3213:1; 3214:4; 3215:14; 3148:1, 8, 13, 22; 3149:1; AN [4] - 2984:6; 2985:17; 3111:3; 3129:16; 3139:22; 3216:3, 7; 3217:16; 3154:21; 3157:2; 3162:5, 3226:10; 3248:9 3214:6 3219:24; 3226:12; 8; 3171:14, 19; 3174:24; analogy [1] - 3084:2 answers [1] - 3216:20 3241:22, 24; 3243:10; 3180:1; 3206:11; 3220:21; analyses [2] - 3142:12; anticipate [2] - 3167:4; 3249:10; 3252:13, 20 3237:8; 3241:14; 3242:10; 3268:4 3325:12

Realtime Connection - the Realtime EXPERTS - [email protected] 5 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

anticipated [2] - 3205:20; approve [2] - 3261:20; 3083:3 3143:5; 3168:18; 3176:24; 3231:9 3291:1 argue [1] - 2995:10 3203:25; 3205:21; anticipation [1] - 3200:17 approved [5] - 3060:18; argues [1] - 2997:12 3206:23; 3217:24; 3218:9; Antoine [1] - 3003:11 3061:21; 3069:9; 3196:23; argument [6] - 3121:7, 24; 3237:12; 3238:21; Anuik [1] - 3024:21 3246:10 3122:8, 17; 3123:2; 3193:7 3239:23; 3241:22; anyway [7] - 3019:24; approving [1] - 3230:3 Argyll [1] - 3193:9 3243:15; 3246:19; 3272:5; 3047:13; 3050:8, 18; approximate [1] - 3019:13 arise [2] - 3093:6, 10 3312:21; 3320:11, 15 3189:9; 3239:6; 3248:3 April [1] - 3027:20 arising [2] - 2989:15; ASSESSMENT [3] - 2976:5, anyways [1] - 3015:9 aquatic [13] - 3098:12; 3172:18 10; 2977:6 Anzac [2] - 3015:12; 3023:13 3099:10; 3158:17; AROMATIC [2] - 2983:17; Assessment [28] - 2995:8; AOSERP [2] - 3023:2 3210:21, 25; 3234:5, 14; 3201:15 3006:2; 3097:11, 19; apologies [1] - 3219:14 3240:7, 23; 3282:7; Aromatic [3] - 3187:20; 3101:2, 6; 3108:19; apologize [3] - 2994:25; 3302:14, 19; 3303:9 3199:21; 3271:21 3112:19; 3113:1; 3114:18; 3027:2, 17 AR6 [1] - 3186:10 arose [1] - 3284:11 3136:15; 3143:24; 3144:4, appear [4] - 3182:22; 3202:5; Archival [1] - 3029:5 arranged [1] - 3121:10 9; 3182:6; 3194:8; 3196:8; 3248:23; 3252:10 Archives [2] - 3002:11; arrived [1] - 3193:21 3205:11; 3213:13; 3215:5; APPEARANCES [1] - 2977:1 3030:23 ARSENIC [4] - 2985:6, 11; 3234:11; 3267:6; 3275:10; 3298:18; 3308:25; appearing [1] - 3098:8 archives [2] - 3030:13, 25 3177:19; 3178:11 3310:18, 24 Appendix [2] - 2998:3; arctic [3] - 3243:3, 5, 8 arsenic [5] - 3176:5; 3060:25 ARE [2] - 2985:10; 3178:10 3177:12; 3178:18; 3183:2 Assessment" [1] - 2998:4 Assessments [4] - 2994:12; applicable [2] - 3041:12; area [75] - 2991:2; 2992:24; artefacts [1] - 3002:3 3001:2; 3015:8; 3196:3 3253:1 2995:14; 2998:11; article [4] - 2993:23; assessments [10] - 2999:7; APPLICANT [1] - 2978:1 3001:20; 3002:17; 3004:4, 3091:10; 3290:8; 3291:11 3113:1, 22; 3114:1, 3, 9; application [1] - 3101:8 15; 3007:5, 15, 23; 3008:1, articles [2] - 2993:14; 3136:14; 3146:2; 3177:5; Application [3] - 3056:3; 7; 3009:18; 3010:4, 18; 3109:17 3195:10 3142:23; 3234:11 3011:9, 16, 19, 24; 3013:7, artifical [1] - 3076:20 assist [6] - 3048:15; 3097:3; APPLICATION [1] - 2976:4 10, 23; 3015:5-7, 24; artificial [2] - 3022:13; 3118:19; 3149:23; applied [5] - 3126:2; 3029:3, 9, 22-23; 3030:19; 3036:15 3173:18; 3177:24 3275:24; 3298:12; 3300:3; 3031:22; 3032:20; Arts [1] - 2991:14 assistance [3] - 3090:10; 3309:22 3035:19; 3040:20, 22; ascertaining [1] - 3197:17 3175:18; 3268:2 applies [2] - 3305:5; 3310:3 3045:9; 3058:4; 3061:7; aside [2] - 3000:7; 3134:4 assisted [1] - 3102:25 apply [10] - 3113:4; 3157:9; 3062:9; 3076:2; 3077:12; aspect [10] - 3041:23; 3214:12; 3304:10; 3305:8; 3079:8, 14, 22; 3102:4; 3043:14; 3044:17; associated [10] - 3091:20; 3308:22; 3309:5, 10, 13, 3111:22; 3126:11; 3050:11; 3135:19; 3270:1; 3204:12, 22-23; 3216:7, 24 3127:22; 3128:4; 3134:4; 3299:4; 3309:1 10; 3219:21; 3227:3; 3229:3; 3271:8 appointed [1] - 3247:16 3150:20; 3163:12; 3171:6; aspects [7] - 3045:14; Association [2] - 2978:12; appreciate [5] - 2990:9; 3175:3, 7; 3176:16; 3098:12; 3099:3, 16; 3253:7 3055:8, 10; 3313:15; 3177:2; 3191:4; 3195:3; 3174:16; 3296:23; 3303:13 3198:18; 3231:21; association [1] - 3035:3 3319:3 assemble [1] - 3088:2 3234:12; 3241:20; ASSOCIATION [4] - 2984:8; approach [18] - 2999:6; assembled [3] - 3089:22; 3002:20; 3021:24; 3053:5; 3242:23; 3290:4; 3301:16; 3090:11, 17 2985:19; 3256:15; 3262:2 3302:24; 3323:4; 3325:3 assume [7] - 3076:1; 3078:6, 3161:3, 11; 3189:9; assembling [1] - 3101:7 Area [19] - 2994:14; 2997:22; 20; 3079:16; 3244:7; 3210:4; 3213:1; 3214:13; Assembly [1] - 3040:11 2998:21; 2999:16, 22; 3267:1; 3322:20 3223:24; 3268:21; assert [2] - 3001:15; 3076:8 3001:6; 3006:21; 3031:19; assumed [1] - 3264:17 3269:11; 3287:14; 3305:4; assertions [1] - 3252:3 3058:1; 3126:5, 8; 3136:6, assumes [1] - 2998:15 3325:11 assess [9] - 3093:9; 3095:7; 8; 3143:14; 3171:22 assuming [7] - 3041:22; approaches [2] - 3213:7; 3158:13; 3228:9; 3234:6; areas [31] - 2996:25; 2997:1; 3114:25; 3178:22; 3248:23 3260:8; 3265:24; 3287:5; 3004:18, 24; 3005:1; 3193:13; 3232:24; approaching [1] - 3206:17 3319:20 3013:23; 3015:19; 3316:18; 3317:24 appropriate [18] - 2997:20; assessed [2] - 3114:22; 3021:25; 3027:12; 3031:6; assumption [2] - 3215:21; 3104:21; 3113:4; 3135:11; 3203:14 3074:8; 3079:18; 3090:17; 3216:1 3137:13, 16, 18; 3154:25; assessing [7] - 3108:10; 3105:8; 3155:1; 3157:9; assumptions [11] - 3213:21; 3155:23; 3204:15; 3113:24; 3119:9; 3213:1; 3171:10; 3172:13; 3173:2, 3265:1; 3269:21; 3271:7, 3206:12; 3240:14; 3215:23; 3236:10; 3240:2 17; 3187:12, 17; 3210:10; 11, 14, 17, 19; 3272:4; 3254:21; 3256:5; 3301:6; Assessing [1] - 3238:9 3213:4; 3236:19; 3239:25; 3273:12; 3316:14 3305:5, 22 ASSESSING [2] - 2984:3; 3279:13; 3280:14, 21 assurance [2] - 3257:19; appropriately [1] - 3240:9 3238:15 Areas [3] - 2997:7, 20; 3258:14 approval [4] - 3206:7; assessment [26] - 2998:15; 3063:6 assure [1] - 3254:21 3209:18; 3292:22; 3294:1 3095:10; 3102:22, 25; arguably [2] - 3077:10; assured [1] - 3166:22 approvals [1] - 3260:14 3109:9, 11; 3112:19, 25;

Realtime Connection - the Realtime EXPERTS - [email protected] 6 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

AT [9] - 2976:15; 2982:5, 3288:22 B 2993:21, 25; 3023:11-13; 15-16, 19-20; 2983:10; authorization [3] - 3209:25; 3040:16; 3041:1; 3061:21; 3152:25 3288:20; 3289:8 3137:5; 3169:14; 3182:14, Athabasca [44] - 2978:7; AUTHORIZATION [2] - B.C [2] - 3042:14; 3171:10 19; 3190:7; 3212:12; 2993:3; 2994:2; 2997:4; 2986:8; 3289:14 BA [1] - 2991:12 3225:5; 3227:8; 3232:8; 3011:25; 3022:5; 3023:3; authors [2] - 3178:24; BACK [2] - 2985:16; 3226:8 3251:22; 3252:19; 3030:6; 3060:15; 3061:17; 3192:6 background [4] - 2995:22; 3266:24; 3267:17; 3271:3, 3186:11; 3188:7; 3199:22; AUTHORS [2] - 2985:14; 3006:23; 3091:4; 3157:22 7; 3272:3, 22; 3275:21; 3201:1, 3; 3202:8; 3192:14 backwards [1] - 3175:17 3276:1, 9, 19; 3293:23 3203:20; 3204:6, 24; automatically [1] - 3147:15 bacterial [2] - 3276:25; based) [1] - 3251:4 3208:21; 3210:16; 3213:2, availability [4] - 3181:16; 3277:20 baseline [10] - 3008:14; 5; 3214:13; 3215:13, 15; 3208:23; 3263:18; 3273:14 bad [3] - 3010:7; 3278:15, 17 3240:5; 3241:4; 3242:3, 3219:22; 3220:4; 3223:5; available [52] - 2995:21; Baird [1] - 3247:23 17, 21; 3243:8, 13; 3245:7; 3225:11; 3232:2, 17; 2998:15; 3007:1; 3013:24; balance [1] - 3313:8 3286:11 3234:5; 3278:11; 3281:25; 3015:3; 3020:21; 3021:8; balanced [1] - 3248:24 baselines [2] - 3241:11; 3282:5; 3283:25; 3287:17; 3028:17; 3030:13; balancing [1] - 3313:5 3242:7 3288:6; 3300:25 3031:13; 3033:9; 3091:7; Balazs [2] - 3020:25; Basin [4] - 3008:13, 19; ATHABASCA [8] - 2982:17; 3094:2; 3098:7; 3101:18, 3021:15 3028:5; 3204:5 2983:18, 23; 3201:16; 23; 3102:6; 3135:14; Ball [2] - 3100:21; 3101:1 basis [8] - 2997:21; 3044:9; 3238:2; 3278:5 3137:8; 3139:24; 3151:22; BALL [4] - 2981:19; 3089:10; 3046:14; 3073:7; 3077:17; atmosphere [3] - 3184:8, 23; 3153:17, 20; 3173:22; 3100:23; 3103:25 3123:1; 3212:8; 3320:7 3185:3 3179:24; 3181:20; ball [1] - 3103:22 Batoche [1] - 3035:19 Atmospheric [1] - 3179:25 3191:12; 3192:2, 7; ballot [1] - 3085:16 Bay [3] - 3035:16; 3079:14 attached [3] - 3168:16; 3199:2, 10; 3200:16; ballot-box [1] - 3085:16 BE [4] - 2985:14; 2986:9; 3294:9; 3317:18 3201:24; 3202:22; ballpark [2] - 3160:16, 18 3192:14; 3289:15 attain [1] - 3268:13 3233:14; 3252:25; 3254:9; band [1] - 3084:15 Beach [1] - 3091:19 attempt [3] - 2993:12; 3257:9; 3258:11, 22; Band [1] - 2978:17 bear [3] - 3059:20; 3070:23; 3223:10; 3266:18 3267:19; 3269:1; 3272:13; BAOLIN [2] - 2981:20; 3106:23 attempts [1] - 3205:3 3280:19; 3295:10; 3089:13 bearing [2] - 3080:24; attend [1] - 3121:21 3299:18; 3315:16; 3316:1; Baraniecki [9] - 3096:9, 13; 3320:14 attendance [1] - 3072:14 3317:25; 3318:4, 18; 3104:1; 3131:4; 3172:19; Beauval [2] - 3079:16, 22 attended [1] - 3014:23 3324:1 3174:14; 3199:17; Beaver [2] - 3012:3 attending [1] - 3198:3 AVAILABLE [2] - 2985:14; 3255:22; 3291:21 beaver [1] - 3012:5 attention [2] - 3146:3; 3192:14 BARANIECKI [37] - 2981:11; became [3] - 3003:17; 3306:14 avian [3] - 3306:22; 3307:1, 3 3088:20; 3096:11; 3104:4; 3015:14; 3036:16 ATTORNEY [13] - 2981:7, 24; avoid [23] - 3119:18; 3120:9; 3110:10; 3114:6; 3129:20; become [8] - 3007:19; 2982:2, 7, 9, 12, 17; 3133:12; 3134:16; 3133:22; 3134:24; 3137:3; 3011:17; 3013:23; 3088:11; 3095:24; 3144:24; 3145:13; 3150:5, 3142:1; 3149:16; 3150:21; 3024:19; 3217:14; 3233:8; 3104:13; 3123:15; 3172:9; 9, 17-18; 3151:13; 3157:8; 3153:10; 3157:21; 3163:5; 3270:6; 3294:1 3278:4 3205:8; 3294:25; 3295:10; 3167:21; 3170:2; 3172:25; becomes [1] - 3299:17 Attorney [2] - 2978:8, 23 3296:12, 17; 3297:5; 3174:19; 3179:6; 3193:18; beforehand [1] - 3118:12 attributed [1] - 3205:22 3302:14, 19; 3303:8, 20; 3194:6; 3200:2; 3201:22; beg [1] - 3123:13 audience [1] - 3027:4 3306:2 3244:21; 3247:22; 3253:5; began [3] - 3158:17; audit [2] - 3239:2, 14 avoidance [6] - 3069:15; 3255:24; 3259:20; 3220:14; 3246:11 audited [1] - 3237:11 3133:16; 3134:10, 13; 3261:11; 3291:20; 3301:2; begin [3] - 3158:18; 3197:10; AUDITOR [2] - 2983:20; 3149:12; 3151:3 3302:21; 3305:13; 3308:4; 3325:6 3222:12 avoided [2] - 3113:2; 3136:4 3321:17 beginning [3] - 3044:15; Auditor [7] - 3218:25; avoiding [1] - 3296:23 Barb [8] - 3001:20; 3002:5; 3046:9; 3121:21 3219:2; 3222:2; 3224:13; aware [32] - 3008:6; 3015:4; 3003:1; 3004:5, 16; begins [1] - 3257:14 3237:10; 3238:11; 3239:3 3033:6; 3056:22; 3057:2; 3005:3, 13 begun [1] - 3325:7 3058:13, 24; 3059:6; Auditor's [1] - 3241:6 barrel [1] - 3274:18 behalf [7] - 2979:5, 10-11; August [2] - 3219:1, 3 3064:22; 3139:25; Barrie [1] - 3098:24 3066:16; 3174:9; 3246:14 3140:10; 3193:19, 22-23; auspices [1] - 3246:13 BARRIE [2] - 2981:12; behind [5] - 3084:19; 3099:5; 3197:24; 3227:2; 3228:4; Austin [1] - 2977:21 3088:22 3101:20; 3102:1, 23 3273:1, 4; 3279:8, 11; author [2] - 3033:14; Barter [1] - 2977:13 BEING [2] - 2986:6; 3261:9 3282:15; 3288:10, 19; 3180:15 base [4] - 3037:5, 20; believes [4] - 3070:12; 3289:2; 3298:8, 14, 17; authoritative [1] - 3258:2 3046:15; 3051:10 3203:22; 3254:4 3299:1; 3306:24; 3322:12 authoritatively [1] - 3258:15 Base [3] - 3223:3; 3224:5; below [14] - 3058:3; 3108:14; awareness [1] - 3180:18 authorities [1] - 3240:8 3225:9 3116:7, 9; 3117:2; 3143:6, awkward [1] - 3166:10 authority [2] - 3048:6; based [32] - 2991:18; 11; 3163:2; 3223:5, 13, 17;

Realtime Connection - the Realtime EXPERTS - [email protected] 7 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

3320:19, 24; 3321:1 20 bitumen [4] - 3072:25; 3080:23 Bench [1] - 3076:16 BICKERTON [2] - 2981:17; 3141:9; 3188:24; 3295:12 boundary [5] - 3036:11; Benchmarks [2] - 3099:8 3089:7 black [3] - 3106:23; 3128:25; 3076:20; 3077:1; 3080:24; beneath [1] - 3018:9 Biem [4] - 2978:7; 3262:24; 3129:10 3143:6 benefit [4] - 3040:6; 3055:2; 3278:13; 3325:23 Black [3] - 2977:12; 3089:24; bounds [2] - 3116:17; 3274:5; 3295:23 big [5] - 3053:14; 3054:22; 3125:20 3269:21 benefited [1] - 3100:10 3070:25; 3204:19; 3246:3 Black-throated [1] - 3125:20 box [1] - 3085:16 benefits [1] - 3069:14 bigger [1] - 3232:17 block [1] - 3079:18 boxes [1] - 3053:19 BENNETT [2] - 2981:12; biggest [1] - 3021:17 blocking [1] - 3063:2 Boychuk [1] - 2977:16 3088:21 bill [2] - 3024:3; 3214:7 BOARD [6] - 2976:4, 11; Break [1] - 3301:23 Bennett [2] - 3098:6; Bill [2] - 3072:13; 3214:23 2977:9; 2980:23; 2981:4; break [15] - 3059:17; 3065:1, 3129:15 BILL [2] - 2980:6; 2988:13 3074:1 13; 3104:22, 24; 3111:11; benthic [1] - 3215:4 binder [1] - 3023:7 Board [6] - 2977:10; 3037:3; 3115:16; 3120:14; 3121:2; berries [1] - 3015:18 binders [1] - 3019:20 3173:18; 3179:10 3192:18, 22; 3262:11; Berryman [2] - 3102:24; binding [1] - 3308:2 bodied [5] - 3227:17; 3301:18 3228:19 bio [1] - 3184:1 3229:15; 3284:17; 3286:5 breaks [1] - 3121:3 BERRYMAN [3] - 2981:10; bioassays [2] - 3160:7; bodies [5] - 3036:23; 3039:5; breeding [1] - 3126:21 3088:17; 3228:23 3161:5 3047:2; 3083:11 breeds [1] - 3027:23 berryman [1] - 3102:24 biodiversity [9] - 3097:15; body [11] - 3034:10; 3039:3; brevity [1] - 3179:16 Bertolin [1] - 2978:18 3128:13, 18, 21; 3129:2, 7, 3047:2; 3049:24; 3050:10, Brian [2] - 3102:11, 14 beside [2] - 3079:13, 17 12; 3136:8; 3325:2 12; 3082:19; 3085:7; BRIAN [2] - 2981:9; 3088:15 best [24] - 2994:10; 3016:18; Biodiversity [1] - 3097:16 3173:13; 3195:23; 3229:22 brief [6] - 2995:5; 3069:25; 3018:6; 3052:2; 3055:5; Biological [2] - 3129:14; boilers [1] - 3184:13 3088:9; 3092:7; 3115:15; 3070:5; 3072:18; 3083:21; 3132:4 Bolton [2] - 2977:4; 3103:7 3172:19 3093:9; 3116:17; 3121:5; biological [5] - 3130:1; bombing [1] - 3079:13 Brief [1] - 3301:23 3132:18; 3178:23; 3132:15; 3213:16; 3215:2 BONSAL [8] - 2981:12; BRIEF [1] - 2981:6 3181:19; 3199:5; 3252:24; Birchall [1] - 2977:7 3088:22; 3170:10; briefed [2] - 3288:8; 3289:3 3256:7; 3267:14; 3296:5; Bird [1] - 3199:22 3212:22; 3214:17, 21; briefly [4] - 3033:3; 3087:9; 3315:16; 3316:1; 3317:25; bird [7] - 3124:2; 3128:14; 3215:16; 3264:12 3120:24; 3243:24 3318:4; 3327:11 3139:21; 3201:1; 3295:1; Bonsal [4] - 3098:25; 3099:2; bring [8] - 3022:1; 3046:4; bet [1] - 3270:10 3296:14; 3306:3 3212:20; 3264:11 3050:2; 3070:18; 3083:3; better [16] - 2992:19; 3013:2; birds [28] - 3062:16; bonus [1] - 3287:22 3246:16; 3295:22; 3296:1 3022:4, 11; 3024:18; 3097:13, 21; 3114:23; Book [2] - 3091:20; 3092:23 brink [2] - 3114:12; 3115:9 3030:5; 3166:10; 3189:21; 3124:16; 3133:3, 10; BOOK [2] - 2983:5; 3093:23 Britain [1] - 3034:20 3205:13; 3244:1; 3267:3; 3139:17; 3140:1, 5, 11, 16, book [10] - 2992:3; 3011:9; British [6] - 3036:22; 3268:14; 3269:11; 19, 24; 3141:9, 19, 24; 3027:10; 3033:12; 3041:15, 17; 3042:1; 3279:19; 3316:5 3142:16; 3202:7; 3300:21; 3086:20, 24; 3091:23; 3043:9; 3327:4 Betts [2] - 3110:7, 21 3302:15, 20; 3303:10; 3092:4; 3093:15 broad [8] - 3037:22; 3052:5; between [28] - 3015:24; 3304:5, 9; 3305:2; bookkeeping [1] - 3161:13 3076:11; 3096:22; 3017:9, 22; 3035:7; 3307:24; 3324:3 booklet [1] - 3056:8 3224:22; 3316:3, 10, 12 3038:2; 3039:23; 3043:8; Birds [7] - 3141:20; 3306:12; books [1] - 2993:14 broader [1] - 3280:22 3056:4, 16, 18; 3058:14; 3307:9; 3308:5, 21; Booty [3] - 3098:19, 21; broadly [2] - 3062:9; 3080:18 3059:5; 3071:17; 3074:9; 3309:19; 3310:10 3214:7 brought [4] - 3000:10; 3082:17; 3083:1; 3111:20; Bishop [4] - 2978:19; BOOTY [6] - 2981:13; 3042:21, 25; 3072:24 3176:7; 3177:11; 3236:23; 2987:25; 3068:5; 3086:12 3088:23; 3214:7, 19; bubbles [1] - 3277:16 3237:13; 3246:9; 3264:23; BISHOP [12] - 2988:1, 15; 3215:7; 3270:13 Buffalo [6] - 2979:3; 3265:17; 3288:2, 17; 2989:13; 2990:9, 18; border [4] - 3040:19; 3076:4, 3026:13; 3029:9; 3045:3, 3322:15 3020:5; 3057:4, 8; 22 20; 3137:22 BETWEEN [2] - 2985:6; 3065:11; 3086:13; 3087:4, Boreal [1] - 3146:14 build [1] - 3073:1 3177:18 19 boreal [5] - 3098:2; 3146:19; BUILDING [2] - 2984:6; Bevan [1] - 2977:18 bit [26] - 3000:8; 3006:23; 3147:5, 25; 3227:9 3248:9 beyond [4] - 3039:18; 3007:8; 3008:12; 3013:14; born [3] - 3003:6; 3009:23; building [2] - 3247:20; 3041:1; 3077:24; 3280:8 3014:2; 3018:10; 3025:12; 3010:5 3296:4 bibliography [2] - 3008:17; 3029:2, 6; 3036:11; bottom [7] - 3116:22; built [2] - 3031:21; 3232:24 3020:6 3037:17; 3056:15; 3060:6, 3190:9; 3203:8; 3207:14; bulldozed [1] - 3031:22 Biche [14] - 2992:24; 3003:6, 10; 3061:25; 3115:5; 3219:9; 3254:12; 3319:12 bullet [2] - 3170:24 17; 3015:12; 3025:3, 15; 3141:6; 3183:10; 3184:5; Boucher [1] - 2990:2 bullets [1] - 3150:24 3026:7; 3076:3; 3077:6; 3194:7; 3232:17; 3245:21; bound [5] - 3116:9; 3183:23; bunch [2] - 3072:24; 3137:14 3078:5, 21, 25 3290:13; 3305:15 3184:2, 11, 14 burbot [1] - 3287:18 Bickerton [3] - 3099:13, 15, bits [2] - 3246:11, 17 boundaries [2] - 3036:15; Burlington [3] - 3098:11, 21;

Realtime Connection - the Realtime EXPERTS - [email protected] 8 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

3099:15 17; 2983:15, 19-20; 3261:19; 3264:10; 3188:8; 3198:17; 3206:24; burned [1] - 3171:10 2985:5, 9, 22; 3055:23; 3270:21; 3272:18; 3279:3; 3207:2; 3214:3; 3242:21; bush [1] - 3063:3 3088:11, 14, 19; 3089:9, 3290:1; 3291:23; 3294:2; 3263:24; 3289:22; 3297:5; business [1] - 2994:3 15; 3095:24; 3104:13; 3296:20; 3315:25 3303:16; 3308:4; 3309:14 businesses [1] - 2989:2 3123:15; 3172:6, 9; Canada-Alberta [5] - Case [7] - 3106:2, 20; BUSS [38] - 2982:10, 13; 3177:17; 3178:9; 3201:17; 3098:13; 3099:17, 24; 3107:8; 3143:3; 3273:9 3104:9; 3172:10; 3177:21; 3222:13; 3256:20; 3278:4 3174:24; 3314:17 Cases [1] - 3274:6 3178:16, 19, 22; 3179:3, 9, Canada [164] - 2978:2, 9; Canada/Alberta [1] - 3314:4 cases [12] - 3044:22; 3046:1; 12; 3192:1, 17, 23; 3193:1, 2979:7; 2987:10; 3005:21; Canadian [17] - 2991:19; 3049:15; 3050:20; 3077:8; 11; 3201:10; 3202:3; 3034:14, 20-21; 3035:8, 2993:15; 3112:19, 25; 3078:14; 3116:24; 3221:24; 3222:5, 8, 15; 17; 3037:15; 3039:13; 3114:17; 3143:23; 3144:3, 3134:21; 3135:7; 3140:11; 3226:2, 12, 21; 3237:19; 3046:22; 3048:11; 8; 3158:3; 3161:14, 23; 3293:19, 21 3238:4, 18; 3248:4, 12; 3090:5-7; 3092:3; 3096:10, 3253:6; 3308:24; 3309:17; Cassady [1] - 3140:21 3261:23; 3262:8, 14; 15, 21; 3098:13; 3099:17, 3310:17, 23; 3321:6 castor [4] - 3009:23; 3263:13; 3264:4, 7; 24; 3100:13, 16, 22, 25; CANADIAN [7] - 2976:5, 9; 3011:14, 21; 3012:1 3277:23 3101:2, 4, 16, 22; 3102:16; 2977:6; 2984:8; 2985:19; Castor [24] - 3006:20; Buss [21] - 2978:11; 2979:1; 3103:5, 11, 14, 22; 3104:1; 3256:15; 3262:2 3007:4, 8; 3009:17; 3091:6, 23; 3104:8; 3125:14; 3126:17; Canadians [1] - 3048:25 3010:5; 3011:12, 17; 3105:5; 3172:1, 12; 3132:14; 3133:19; cancelled [1] - 3031:1 3012:6, 13, 20, 23; 3013:4; 3193:10; 3194:24; 3138:18; 3139:5, 7, 9, 19; CanmetENERGY [1] - 3014:4, 11; 3028:7; 3261:11; 3262:6; 3263:1, 3141:17, 22; 3144:5, 3102:3 3031:18, 25; 3032:1; 12; 3278:1, 15; 3279:2; 10-11; 3151:15; 3152:15; cannot [2] - 3127:7; 3300:18 3058:7, 10, 17; 3059:1, 9 3282:25; 3284:8; 3285:2; 3154:3, 20; 3156:4; canvass [1] - 3122:25 Castor's [3] - 3006:12; 3318:21 3158:12; 3160:4; 3161:7; capability [1] - 3251:13 3010:17; 3011:16 Buss's [1] - 3295:21 3163:11, 20; 3164:1; capacity [17] - 3017:12; Castors [1] - 3011:8 buy [2] - 3013:20; 3265:19 3167:14, 20; 3168:3, 9; 3020:15; 3053:15, 21; categories [1] - 3311:22 buys [1] - 3000:14 3169:5, 16, 23-24; 3054:4; 3061:4; 3062:10; category [1] - 3293:14 BY [44] - 2976:2, 11; 2980:8, 3170:11, 15, 18; 3172:20; 3064:7, 15; 3068:15, 23; caused [2] - 3140:1; 3171:18 3174:2, 24; 3177:10; 11, 16, 18-19, 23; 2981:4, 3069:18; 3071:12; causes [1] - 3216:12 3178:3; 3179:19, 23; 23; 2982:3, 8, 10, 13, 3074:18; 3075:2; 3240:6, caution [1] - 3112:12 3180:18; 3181:3; 3186:22; 17-18; 2985:5, 13, 17; 22 cautious [1] - 3111:15 3191:13; 3193:13; 3194:3, 2988:14; 2989:22; 2991:7; CAPP [3] - 3254:13; 3260:13; caveat [2] - 3118:6; 3276:18 9; 3198:12; 3199:15; 3055:23; 3074:1; 3090:3; 3261:23 CCME [1] - 3321:6 3201:7; 3203:2, 12, 16; 3104:14; 3123:16; CAPP's [1] - 3261:1 CDs [2] - 3019:19; 3053:16 3205:19; 3210:10; 3172:10; 3177:17; CAPP'S [2] - 2986:5; 3261:8 CEAA [10] - 2977:6; 3113:3, 3212:25; 3215:14; 3192:14; 3226:9; 3278:4 captive [1] - 3027:4 24; 3138:16; 3143:19, 21; 3218:25; 3230:25; captured [1] - 3310:25 3290:25; 3291:1; 3306:6 3238:12; 3241:16; C Cardinal [2] - 3058:21 CEAA's [1] - 3112:24 3243:20; 3244:3, 17; cards [1] - 3039:16 CEAR [1] - 2976:5 3245:12; 3246:9, 14; care [2] - 3050:11; 3278:16 CEMA [12] - 3250:10; 3253:3; c) [1] - 3027:17 3249:10; 3253:2; 3255:22; careful [3] - 2996:6; 3051:16; 3254:4, 7, 17; 3255:1; C.0-7 [1] - 2976:8 3259:3, 10, 13; 3264:17; 3257:4 3256:1, 3, 7; 3261:14, 21; C1-C4-alkylated [1] - 3265:25; 3266:5; 3291:16, carefully [1] - 3012:9 3314:8 3189:23 19; 3292:11, 20; 3294:22, caribou [8] - 3015:4; 3098:3; Centre [2] - 3099:1; 3199:16 cabin [9] - 3002:3, 5-6; 24; 3295:4, 17, 20; 3297:9, 3146:10, 16, 19; 3147:5, certain [9] - 3090:25; 3006:10, 12, 19; 3011:12; 14, 22; 3298:5; 3299:6, 10; 25 3124:20; 3157:9; 3164:23; 3032:21 3301:9; 3302:11, 13, 18; Caribou [1] - 3146:14 3217:15; 3268:12; cabinet [1] - 3037:2 3304:14; 3305:12; 3306:1, carried [2] - 2997:23; 3268:4 3292:19; 3318:8 cabins [6] - 3015:22; 3022:9; 4, 11, 21, 25; 3307:15, carry [3] - 3082:21; 3121:2; certainly [45] - 3033:11; 3031:11; 3074:7, 9 18-19; 3308:1, 13; 3311:1; 3281:5 3055:1; 3059:10; 3077:17; calculate [2] - 3190:9; 3312:24; 3314:17; 3320:9, carrying [2] - 3240:6, 22 3079:1; 3080:7; 3093:8; 3207:24 11; 3321:9, 15; 3322:11; carve [1] - 3084:25 3124:16; 3125:7; 3126:3, Calgary [1] - 2991:13 3327:5 carved [1] - 3260:18 7; 3127:1; 3131:22; calibrate [2] - 3268:11, 20 Canada's [31] - 3034:25; case [34] - 3001:5; 3037:11; 3134:12; 3135:21; 3137:9; calibrated [1] - 3266:12 3096:19; 3097:2, 6; 3038:5; 3039:12; 3040:17; 3140:7; 3143:12; 3149:18; calibration [1] - 3267:10 3102:17, 21; 3103:16; 3041:12; 3042:13; 3164:2, 11; 3196:18; California [1] - 3091:19 3121:13; 3129:13, 19; 3048:11, 20; 3050:7, 22; 3200:11; 3228:14; CANADA [39] - 2976:2, 12; 3130:7; 3131:16; 3132:3; 3081:14; 3085:4; 3108:13; 3252:20; 3256:1, 10; 2980:19; 2981:7, 11, 18, 3162:25; 3163:3; 3164:6; 3131:21; 3135:10, 20; 3262:14; 3263:2; 3278:25; 21, 25; 2982:3, 8, 10, 13, 3173:8; 3193:16; 3196:21; 3212:19; 3238:21; 3136:19, 23; 3138:20; 3296:1, 24-25; 3298:11;

Realtime Connection - the Realtime EXPERTS - [email protected] 9 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

3300:8; 3306:24; 3310:19; 3258:13; 3270:1; 3319:7 chemical [3] - 3184:11, 21; 3065:20; 3068:11; 3075:4, 3313:13; 3315:9; 3319:18; chance [3] - 3014:21; 3258:19 13; 3130:14; 3132:20; 3320:6, 23; 3322:12; 3091:3; 3287:8 chemicals [5] - 3099:10; 3147:13; 3156:9; 3159:24; 3325:12 Change [1] - 3169:23 3161:2, 25; 3184:24; 3178:24; 3192:9; 3249:15 certainty [1] - 3270:6 change [34] - 3054:2; 3077:1; 3188:1 clearly [13] - 2995:10; CERTIFICATION [1] - 3327:1 3099:3; 3105:7; 3111:7; chemistry [3] - 3102:5, 7; 3023:17; 3059:1; 3064:3; certify [1] - 3327:5 3112:9; 3157:19; 3162:23; 3185:24 3066:7; 3069:7; 3083:16; cetera [3] - 3024:13; 3170:5; 3171:18; 3175:16; Chemistry [1] - 3091:17 3094:24; 3124:6; 3148:20; 3068:18; 3069:14 3212:18; 3213:2, 20; CHERYL [2] - 2981:11; 3174:7; 3248:24; 3249:2 chain [1] - 3026:9 3214:14; 3215:23; 3216:8, 3088:20 Clearwater [1] - 2978:17 Chair [7] - 2977:3; 2990:10; 10; 3217:1, 13, 24; 3218:5, Cheryl [2] - 3096:9, 13 CLEM [2] - 2980:15; 2990:16 3065:11; 3087:19; 3176:9; 7, 9; 3257:6; 3260:18; Chief [2] - 3084:7, 9 Clem [6] - 2990:20; 3025:7; 3203:6; 3325:21 3269:18, 20; 3286:7; Chiefs [1] - 3100:24 3072:20; 3082:24; 3083:7; chaired [1] - 3247:16 3304:25; 3305:3; 3316:21 Chipewyan [19] - 2978:7; 3086:2 Chairman [29] - 3055:18; CHANGE [2] - 2983:16; 2997:4; 2998:14, 25; clients [7] - 3019:6; 3044:22; 3064:25; 3066:25; 3172:7 3015:13; 3017:25; 3049:19; 3065:23; 3067:13; 3086:8; 3089:20; changed [4] - 3018:14; 3018:11; 3025:2, 16; 3066:16; 3087:1 3093:25; 3096:11; 3054:5; 3246:24 3026:4, 12; 3029:17, 25; climate [26] - 3099:3; 3105:7; 3100:23; 3103:6; 3104:19; changes [9] - 3014:14; 3077:11; 3078:10; 3081:3; 3157:18; 3162:23; 3170:5; 3115:13; 3118:11; 3028:2; 3157:5; 3204:22; 3278:11; 3300:25 3171:18; 3212:17; 3213:2, 3120:12; 3122:13, 22; 3207:17; 3241:1; 3267:13; CHIPEWYAN [2] - 2982:17; 20; 3214:14, 22; 3215:23; 3137:3; 3152:7; 3179:3, 9; 3324:15; 3325:17 3278:5 3216:8, 10, 25; 3217:8, 13, 3201:11, 19; 3221:25; changing [4] - 3241:13; choice [1] - 3008:8 24; 3218:5, 7, 9; 3265:4; 3237:19; 3245:2; 3248:5; 3242:9; 3249:6; 3325:13 chose [2] - 3052:19; 3066:9 3269:18, 20 3261:24; 3262:24; 3278:8 channels [1] - 3277:20 chosen [3] - 3003:23; CLIMATE [2] - 2983:16; chairman [1] - 3162:10 CHAPTER [2] - 2984:3; 3006:25; 3035:22 3172:6 CHAIRMAN [76] - 2987:4, 8, 3238:15 Chronic [2] - 3099:8 Climate [1] - 3169:23 14, 23; 2988:8; 2989:15; chapter [3] - 3237:11; circuit [1] - 3218:22 climate-surface [1] - 3265:4 2990:8; 3055:12, 16; 3248:2; 3270:20 circulated [1] - 3191:13 Clinton [1] - 2979:9 3065:3, 9; 3066:23; Chapter [4] - 3238:9; circumstance [1] - 3150:14 close [8] - 2988:4; 3012:3; 3067:11; 3073:21; 3086:9; 3291:16; 3292:3; 3293:24 cited [5] - 3006:17; 3008:16; 3020:17; 3087:10; 3185:6, 3087:3, 12, 17, 22; 3088:6; characterization [2] - 3020:12; 3044:23; 3110:21 13, 15; 3186:17 3089:19; 3093:11, 15, 21; 3246:4; 3292:18 cites [2] - 3109:17; 3110:4 closed [1] - 3131:11 3095:22; 3104:7, 11, 18, characterize [2] - 3161:8; Claim [2] - 3076:16, 21 closely [4] - 3148:13, 15; 23; 3107:18; 3109:14; 3221:13 claim [2] - 3047:4, 24 3155:18; 3156:8 3115:17; 3118:24; characterized [1] - 3292:17 claiming [1] - 3076:17 closer [2] - 3011:23; 3188:1 3120:15, 23; 3122:3, 7, 12, charged [1] - 3045:19 claims [1] - 2994:12 closure [1] - 3127:13 20; 3123:6; 3131:12; Charles [1] - 2977:7 Clair's [1] - 3140:21 Club [1] - 2979:4 3141:1; 3152:12, 18; Charlottetown [4] - 3047:17, CLARIFICATION [2] - CNRL [1] - 2992:17 3153:3; 3162:15; 3172:2; 19, 23; 3049:1 2980:8; 2988:14 co [4] - 3096:21; 3105:5; 3179:11; 3192:20, 24; CHARTIER [7] - 2980:15; clarification [7] - 2988:6; 3185:25; 3194:12 3193:5; 3201:12; 3222:3, 2990:16; 3034:4; 3056:6; 2989:14; 3130:20; co-counsel [1] - 3105:5 6, 10; 3237:23; 3238:13; 3075:21; 3080:17; 3084:12 3145:17; 3201:20; co-ordination [2] - 3096:21; 3248:6; 3261:25; 3262:6, Chartier [7] - 2990:20; 3207:10; 3247:23 3194:12 12, 16, 20; 3263:3, 10; 3029:5; 3033:22; 3034:1; clarify [18] - 2988:3, 18; co-pollutants [1] - 3185:25 3264:2, 6; 3278:1; 3056:1; 3075:10; 3080:10 3060:11; 3066:2; 3067:1; COALITION [2] - 2983:13; 3290:19; 3291:3, 12; chartier [1] - 3055:8 3149:17; 3153:11; 3157:1; 3162:18 3301:15, 21, 25; 3326:1, 4 Chartrand [1] - 3040:14 3160:21; 3172:22; Coalition [4] - 2979:1; challenge [2] - 3076:14; charts [1] - 3178:2 3174:20; 3194:6; 3195:16; 3105:4; 3154:5; 3162:12 3252:2 chase [1] - 3213:9 3214:21; 3215:25; Coast [1] - 3232:16 challenging [2] - 3052:23; check [13] - 2993:8; 3130:4, 3283:17; 3301:11; 3318:15 code [1] - 3009:19 3236:15 25; 3131:2, 5; 3132:11; clarifying [1] - 3172:17 cognizant [1] - 3104:20 Chambers [9] - 3098:10; 3158:11; 3186:16; clarity [1] - 3131:23 cohesive [1] - 3053:5 3178:23; 3180:11-13; 3191:17; 3192:1, 3; class [1] - 3251:5 Cole [1] - 3079:14 3186:19; 3199:24; 3248:13 3225:25; 3320:21 Classics [1] - 2991:17 collaborate [1] - 3154:20 CHAMBERS [13] - 2981:13; CHECK [2] - 2985:12; classify [1] - 3275:15 collaboration [1] - 3082:7 3088:24; 3179:18; 3192:11 clause [2] - 3046:24; 3293:5 colleague [6] - 3104:9; 3180:13; 3186:21; checking [1] - 3130:17 clear [20] - 2989:8; 3012:23; 3117:15; 3172:1; 3262:24; 3193:22; 3196:17; checks [1] - 3131:10 3015:14; 3016:1; 3024:19; 3278:13; 3325:23 3198:15; 3246:8; 3248:17; Chelsea [1] - 2979:4 3041:14; 3045:10; collect [4] - 2996:3; 3005:16;

Realtime Connection - the Realtime EXPERTS - [email protected] 10 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

3157:7; 3323:14 commitments [7] - 3129:19; comparative [2] - 3129:7; comply [1] - 3169:9 collected [8] - 3005:19; 3141:18, 24; 3142:3; 3158:13 component [8] - 3097:16; 3061:11; 3182:19; 3187:8; 3167:19; 3175:11 compare [1] - 2996:4 3098:13; 3099:23; 3199:10; 3259:25; commits [1] - 3231:8 compared [1] - 3269:3 3196:10; 3267:2; 3316:4; 3266:11; 3275:12 committed [6] - 3132:15; compensate [2] - 3231:17, 3317:8; 3321:18 collecting [1] - 3267:10 3164:1, 9; 3167:14; 22 components [4] - 3174:23; collection [2] - 3140:16; 3210:17, 22 compensated [4] - 3208:10; 3242:12; 3245:24; 3303:1 3249:21 Committee [5] - 3027:19; 3231:4; 3233:13 composition [1] - 3094:4 collective [7] - 3052:17, 19; 3233:22; 3244:4, 6, 9 compensates [1] - 3079:20 compound [1] - 3276:11 3081:10; 3123:2; 3298:6 common [2] - 3079:1; 3080:8 compensating [1] - 3205:3 compounded [1] - 3270:6 collectively [3] - 3038:22; Commons [1] - 3044:12 Compensation [12] - Compounds [2] - 3102:8; 3302:25; 3314:10 communal [1] - 3021:25 3186:13, 17; 3226:23; 3271:21 collectives [2] - 3075:20, 22 communicate [1] - 3016:13 3228:21; 3231:15; comprehensive [2] - 3245:4; Colleen [1] - 3140:21 communicating [1] - 3251:8 3235:15; 3280:2, 15, 18; 3246:1 COLONIAL [2] - 2983:18; Communication [1] - 3281:23; 3282:4, 8 compresses [1] - 3000:4 3201:15 2977:13 compensation [26] - 3205:1; computer [1] - 3009:25 Colonial [1] - 3199:21 communications [1] - 3208:10; 3209:14; 3210:5; computers [1] - 3088:3 colonize [1] - 3287:16 3094:7 3230:4; 3231:7, 20, 23; conceivable [2] - 3049:8; colonized [1] - 3287:3 Communications [1] - 3233:1, 5; 3235:3, 6, 11, 3232:13 Columbia [6] - 3036:22; 2977:8 15, 23; 3278:24; 3279:7, concentrated [1] - 3079:9 3041:15, 17; 3042:1; communities [17] - 2993:12; 16, 18; 3281:11; 3282:14, concentration [1] - 3185:14 3043:9; 3327:4 3014:17; 3017:10; 17; 3285:10, 15, 20 concentrations [7] - combination [2] - 3293:18, 3018:22; 3019:17; 3025:9; compensatory [1] - 3278:22 3187:20; 3190:20, 24; 23 3051:12; 3053:2; 3056:5; compilation [1] - 3067:3 3201:2; 3213:15, 25; combined [2] - 3187:18; 3070:10; 3071:18; complaints [1] - 3321:24 3320:19 3293:24 3077:21; 3078:14; 3083:2, complete [15] - 2994:8; concept [1] - 3109:19 combustion [2] - 3185:18, 10; 3084:10 2996:8; 3005:7; 3006:25; Concern [5] - 2989:4; 23 communities' [1] - 3061:9 3012:18; 3024:10; 2990:1; 3012:16, 22; comfort [1] - 3317:4 community [73] - 2988:25; 3062:10; 3064:7; 3068:17; 3029:11 comfortable [2] - 3064:23; 2989:4; 2993:5, 13, 21; 3074:14; 3093:18; concern [14] - 3060:15; 3075:16 3000:15; 3016:19; 3150:25; 3151:8; 3195:5; 3063:10; 3066:18; 3069:3; coming [12] - 2993:22; 3023:21; 3024:23, 25; 3327:10 3117:4; 3209:5; 3224:10, 3003:19; 3019:19; 3025:10, 18, 23; 3026:2; completed [30] - 2991:11, 15; 3252:8; 3254:2; 3034:21; 3040:8; 3048:21; 3041:13; 3045:6, 23; 14; 2992:5, 7, 9, 12; 3260:7; 3285:6; 3312:18 3053:1; 3157:1; 3166:4; 3050:23; 3051:14, 18; 2993:11, 25; 3002:10; concerned [7] - 3013:7; 3274:1; 3278:9; 3293:7 3052:9; 3054:12; 3055:1, 3006:5; 3008:14; 3009:13; 3062:20; 3139:20; commence [3] - 3121:7; 6; 3062:7, 22; 3064:9; 3010:25; 3011:13; 3217:20; 3218:3; 3284:5; 3122:8; 3193:7 3067:5; 3075:19; 3076:10; 3014:19; 3020:25; 3023:2, 3304:25 comment [15] - 3068:2; 3077:7, 14-15, 19; 5, 14; 3024:15; 3025:4; concerning [4] - 2993:15; 3069:21; 3108:17; 3078:13-15; 3080:14-17, 3028:7, 18; 3031:25; 3016:8; 3093:6; 3251:23 3109:12; 3119:15; 3139:3; 21, 25; 3081:4, 9, 19; 3146:24; 3156:14, 24; concerns [60] - 2999:23; 3148:2; 3165:4; 3166:2; 3082:5, 18; 3084:13; 3158:13; 3199:7; 3221:11 3006:6; 3010:11, 16; 3167:3; 3229:12; 3243:20; 3085:6, 21-23; 3092:10; completely [3] - 3075:2; 3012:13, 20, 25; 3014:8, 3256:12; 3288:7 3127:14, 17-18, 21; 3139:25; 3140:10 22; 3015:15, 17, 19-20; commented [1] - 3290:23 3128:7; 3136:12; 3182:2, completing [4] - 2992:14, 3017:4, 6, 13; 3019:21; commenting [1] - 3195:10 7; 3196:25; 3251:9 18; 2993:13; 3148:11 3059:4, 12; 3060:7; comments [6] - 2988:18; Community [1] - 2978:12 Complex [1] - 3299:14 3061:8, 15; 3062:2, 13; 3067:24; 3108:20; community's [1] - 3051:13 complex [4] - 3083:8; 3064:9; 3065:19, 25; 3123:11; 3172:19; 3309:12 Community's [1] - 2994:2 3161:2; 3265:3 3066:12; 3069:2, 6-8, 10, commercial [2] - 3236:12; community-based [1] - complexities [2] - 3160:22, 16-17; 3116:6; 3141:22; 3255:18 2993:21 25 3181:22; 3195:25; commission [1] - 3242:25 community-level [1] - compliance [10] - 3259:11, 3200:18; 3279:8, 11, 20; commissioned [2] - 3051:18 14; 3260:4, 16, 19, 25; 3280:4, 7, 13, 16, 21; 3024:21; 3247:13 community.. [1] - 3128:10 3308:6, 8; 3321:25 3281:2, 20; 3283:2, 6, 22; Commissioner [2] - 3238:7; companies [3] - 2992:16; COMPLIANCE [2] - 2986:5; 3306:24; 3315:6 3244:19 3014:16; 3083:13 3261:7 concerted [1] - 3315:9 Commissioner's [1] - 3242:1 company [3] - 2999:25; complication [1] - 3236:22 conclude [3] - 3200:15; commit [1] - 3273:2 3009:13; 3210:8 complied [1] - 3308:14 3229:24; 3272:19 commitment [5] - 3163:1, 4, Company [1] - 3035:16 compliment [1] - 3172:14 concluded [3] - 3213:10; 7, 10; 3218:21 comparable [1] - 3235:17 complimentary [1] - 3053:7 3263:16, 19

Realtime Connection - the Realtime EXPERTS - [email protected] 11 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

conclusion [18] - 3006:5; confused [2] - 3060:11; 3283:1; 3292:5; 3297:2; contained [3] - 3194:18; 3073:8; 3213:23; 3215:8, 3164:22 3298:11; 3300:2; 3301:9, 3215:9; 3227:23 11; 3223:7; 3241:6; confusing [1] - 3061:25 14; 3311:19, 21; 3312:2, contaminant [4] - 3183:17; 3243:19; 3267:7, 14, 17, confusion [1] - 3001:25 20; 3313:19 3189:20; 3191:4; 3213:14 21; 3273:5; 3275:11, 22; Congress [1] - 3034:15 considering [6] - 3108:5; contaminants [9] - 3176:14, 3294:7; 3304:14 Conklin [3] - 2992:5; 3212:6; 3239:21; 3283:15; 20; 3182:16; 3213:25; conclusions [5] - 3133:11; 3026:16; 3078:21 3307:1; 3315:7 3214:15; 3215:9; 3264:20; 3244:18; 3276:3; 3306:20; connect [1] - 3194:16 consistency [1] - 3053:12 3319:12, 14 3317:4 connected [3] - 3026:15; consistent [2] - 3183:14; Contaminants [1] - 3179:25 Conclusions [1] - 3306:16 3282:6, 11 3187:23 contaminated [1] - 3264:18 concrete [1] - 3070:3 connection [1] - 3006:20 consists [1] - 3096:17 contemplated [1] - 3255:10 concurrence [1] - 3223:4 Connection [1] - 2979:15 constituents [3] - 3049:21; content [3] - 3166:3; concurrently [2] - 3265:23; connections [2] - 3011:24; 3098:16 3226:16; 3263:20 3285:18 3025:11 constitutes [1] - 3223:2 context [7] - 3000:6; 3081:8; condition [11] - 3138:14, 20; consciousness [1] - 3035:14 Constitution [7] - 3034:20, 3093:10; 3114:20; 3206:6; 3242:21; 3256:25; consensus [2] - 3161:16; 25; 3046:20; 3047:10; 3148:18; 3165:14; 3318:22 3297:16, 21; 3298:1, 15; 3221:21 3048:3; 3049:5; 3307:11 continue [16] - 2999:21; 3299:21 consequence [2] - 3125:17; Constitutional [2] - 3049:9; 3018:2; 3023:19; 3035:19; conditions [16] - 3140:6; 3126:4 3095:6 3042:24; 3044:16; 3156:7; 3171:3, 5, 14, 17; consequences [3] - 3306:22; constitutional [3] - 3034:22; 3123:12; 3166:9; 3193:10; 3208:24; 3241:14; 3242:9; 3307:1 3046:13; 3047:16 3229:5; 3230:7; 3256:6; 3292:21; 3294:1, 9; conservation [25] - 3038:18; constraint [2] - 3120:25; 3262:18; 3263:12; 3281:14 3308:2, 8; 3309:22; 3133:21, 23, 25; 3134:1, 5, 3122:1 CONTINUED [1] - 2984:1 3310:18 8, 11, 25; 3137:9, 13, 16; constraints [1] - 3123:3 continued [12] - 2994:13; conduct [2] - 3196:19; 3138:1, 5, 12, 21; 3149:6; constructed [4] - 3227:4; 3003:3; 3011:18, 25; 3198:23 3150:6, 11; 3151:6; 3240:17; 3285:13; 3286:1 3012:2; 3022:15-17; conducted [6] - 3156:3; 3152:4; 3300:21; 3301:1, 5 consult [7] - 3054:3; 3023:17; 3024:14; 3193:23; 3195:17; 3200:3; CONSERVATION [7] - 3068:16, 24; 3084:5; 3125:15; 3223:9 3252:16; 3320:18 2976:4, 6, 8, 11; 2977:9; 3231:10, 13; 3255:4 continues [3] - 3246:22; confer [2] - 3114:14; 3158:19 2983:12; 3153:7 consultant [2] - 3019:12; 3256:4 conference [2] - 3034:22; Conservation [2] - 3138:11; 3045:13 continuing [2] - 3123:17; 3091:21 3152:14 consultants [2] - 3266:3, 8 3254:16 conferences [3] - 2993:18; conservatism [1] - 3273:16 consultants' [2] - 3252:22; CONTINUING [3] - 2982:8, 3047:16, 18 conservative [3] - 3119:8; 3267:17 13; 3123:16 conferencing [1] - 3046:13 3269:22; 3274:24 consultation [36] - 3025:19; continuous [2] - 3157:10; confidence [5] - 3266:12; conserving [2] - 3129:25; 3036:3; 3037:12; 3038:9, 3315:17 3267:21, 24; 3268:12, 15 3132:15 18; 3039:4, 9, 20; 3041:9; continuously [2] - 3197:3; confidential [1] - 3068:7 consider [13] - 2996:3; 3051:6; 3056:16; 3065:18; 3316:15 confirm [44] - 2988:15; 3137:25; 3151:21, 24; 3066:1, 14; 3067:23; contracted [1] - 3272:9 3014:5; 3056:2, 21; 3207:3; 3235:10; 3241:17; 3068:12; 3070:4, 7, 9, contribute [7] - 3164:6, 12; 3059:8; 3064:21; 3071:8; 3252:15; 3278:21; 14-15; 3071:17; 3073:4, 6, 3225:2; 3229:16; 3233:2; 3096:24; 3109:6; 3131:20, 3300:17; 3301:12; 9; 3082:22; 3084:4, 8; 3235:4, 9 24; 3132:1; 3137:4; 3306:21; 3307:2 3085:5; 3095:2, 11, 15; contributes [1] - 3286:14 3143:20; 3150:22; considerable [1] - 3124:13 3221:9, 11, 13; 3231:14 contributing [2] - 3164:10, 3159:21; 3176:4; 3177:8, considerably [2] - 3128:3; Consultation [10] - 3056:4; 13 21, 24; 3178:4, 14; 3181:3, 3129:2 3067:10; 3069:23; contribution [1] - 3174:1 5, 7; 3186:5; 3191:3; consideration [5] - 3151:6; 3070:17; 3071:7, 20; contributor [1] - 3206:25 3200:23; 3202:14, 16; 3152:4; 3303:20; 3312:14, 3075:11, 19; 3094:12; control [3] - 3096:8; 3226:3; 3238:19; 3239:1; 17 3095:8 3103:24; 3104:3 3245:3; 3253:13; 3255:24; considerations [8] - 3135:9; consulted [5] - 2995:21; convenient [1] - 3192:18 3256:1; 3261:12; 3273:18, 3174:6; 3293:11; 3301:7; 3020:22; 3049:24; Convention [9] - 3129:14; 21; 3289:2, 21; 3321:3 3303:25; 3314:16, 18, 25 3050:10, 24 3132:3; 3141:21; 3306:12; CONFIRM [6] - 2985:4, 10, Considerations [3] - consumption [3] - 3230:19; 3307:9; 3308:5, 21; 16; 3177:15; 3178:9; 3143:23; 3144:3, 8 3233:9; 3235:20 3309:19; 3310:10 3226:8 considered [30] - 3108:15; CONT'D [3] - 2981:1; 2982:1; convention [3] - 3129:24; confirmed [5] - 3013:5; 3109:7; 3134:11; 3135:3, 2986:1 3130:8; 3131:16 3131:25; 3201:4; 3202:23; 5, 21; 3136:1; 3137:10, 19; contact [7] - 3011:18; convey [1] - 3204:8 3273:5 3138:3; 3150:16; 3151:18; 3012:3; 3015:24; 3033:5; Cooke [4] - 2977:4; 3017:3; confirming [1] - 3305:13 3211:22; 3235:5, 14; 3035:7; 3141:9, 11 3069:1; 3103:7 conformity [1] - 3082:8 3253:25; 3254:3; 3255:8; contacted [1] - 3153:12 cool [1] - 3184:23

Realtime Connection - the Realtime EXPERTS - [email protected] 12 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

coordinate [2] - 2992:4; 3316:19; 3324:6, 11, covering [1] - 3071:7 3237:12; 3239:21; 3240:2, 3024:5 20-21; 3327:10 covers [1] - 3079:12 12; 3241:19; 3243:1, 4; coordinated [2] - 3250:8; corrected [1] - 3222:3 Craig [2] - 3199:16; 3202:24 3245:10; 3246:19; 3311:11 correctly [9] - 3072:12, 15, create [1] - 3083:23 3255:14; 3260:9; 3311:8; coordinating [3] - 2992:2; 24; 3105:21; 3168:20; created [6] - 3036:15; 3313:16, 24; 3314:11; 3101:7, 9 3174:18; 3218:13; 3076:20; 3133:20; 3315:20; 3318:13, 17, 23; Coordinator [1] - 2977:12 3225:22; 3286:23 3276:23; 3277:17; 3282:1 3319:11, 20; 3324:7 coordinators [1] - 3194:14 corridor [1] - 3026:17 creates [1] - 3276:15 CUMULATIVE [2] - 2984:4; copies [10] - 3094:2; Corrina [1] - 3099:25 creating [2] - 3125:9; 3238:15 3118:11, 13; 3144:12; cost [1] - 3254:22 3281:16 curious [5] - 3154:11; 3154:8; 3179:14; 3199:19; costs [1] - 3240:20 credentials [1] - 2994:6 3279:17; 3285:22; 3222:4; 3253:20 Council [21] - 3034:3, 11-12, Cree [8] - 2978:17, 21; 3295:17; 3310:1 copy [23] - 3060:1; 3070:24; 14, 18; 3035:23; 3036:25; 2992:10; 2997:5; 3003:14; current [10] - 2996:24; 3071:4; 3072:4; 3091:22; 3037:4, 9; 3038:11; 3005:17; 3035:9; 3074:21 3000:3, 11; 3002:3; 3106:17; 3110:12; 3039:2; 3042:2; 3046:11, criteria [6] - 3109:12; 3039:11; 3158:13; 3163:3; 3143:24; 3152:16; 22; 3047:21; 3083:3; 3135:22, 25; 3176:13, 20; 3271:1; 3303:21, 24 3153:14; 3170:19; 3179:7, 3084:7, 10; 3158:4; 3249:11 CURRENTLY [2] - 2986:6; 10; 3213:19; 3219:15; 3161:14; 3321:6 critical [14] - 3109:19, 22; 3261:9 3222:9, 17, 21; 3253:12; councils [4] - 3082:18; 3110:24; 3111:6, 16, 18, curse [1] - 3269:14 3264:12; 3290:7 3084:13, 15; 3085:6 20, 23; 3112:1, 5, 15; customs [1] - 3035:12 Core [1] - 3180:2 counsel [11] - 3000:10, 24; 3145:1; 3146:4; 3147:2 cut [1] - 3213:9 cores [3] - 3189:6, 12; 3001:14; 3089:23; 3094:8; critically [1] - 3219:19 CV [2] - 2993:7; 3098:5 3190:8 3105:5; 3122:24; 3123:2, cross [12] - 3065:12, 14; CVs [1] - 3195:6 CORINNA [2] - 2981:16; 8; 3154:3; 3199:17 3066:13, 15; 3067:2; cycles [2] - 3216:14, 19 3089:5 Counsel [4] - 2977:7, 10 3068:4, 8; 3087:6; Cynthia [1] - 2978:18 Corner [1] - 3167:10 count [2] - 3233:1; 3235:3 3090:14, 20; 3118:25; cornerstone [1] - 3309:21 counterpart [1] - 3247:1 3201:21 D correct [131] - 3026:22; country [2] - 3100:12; 3290:1 CROSS [13] - 2980:9, 17; 3034:4; 3058:8, 11; couple [16] - 2992:22; 2982:2, 7, 9, 12, 17; d)(2 [1] - 3297:19 3075:8, 25; 3104:4; 3020:2; 3023:6; 3038:13; 2989:20; 3055:21; 3105:22; 3106:12, 17; 3041:11; 3074:3; 3109:17; 3104:13; 3123:15; 3172:9; dad [1] - 3001:22 3107:2, 13-14; 3108:15, 3144:15; 3172:12; 3186:9; 3278:4 DALE [2] - 2981:22; 3089:16 Dale [2] - 3103:5, 9 22; 3109:9, 25; 3110:22, 3213:3; 3246:23; 3276:2; cross-examination [6] - 24; 3112:17; 3114:6; 3284:11; 3289:18; 3302:7 3065:12; 3068:4, 8; damage [1] - 3209:21 3115:21; 3116:10; coupling [1] - 3264:23 3090:14, 20; 3118:25 Dan [1] - 2978:3 3119:10, 13; 3128:1; course [23] - 3001:21; CROSS-EXAMINATION [13] Dana [1] - 3058:21 3129:17; 3130:3; 3131:6; 3002:5; 3003:12; 3004:1; - 2980:9, 17; 2982:2, 7, 9, Daniel [1] - 2977:19 3132:8, 16-17; 3133:21; 3025:15; 3035:6; 3036:14; 12, 17; 2989:20; 3055:21; Daniela [1] - 2978:22 3134:24; 3139:8; 3140:12, 3041:21; 3043:22; 3044:5; 3104:13; 3123:15; 3172:9; Daniels [2] - 3046:21; 20; 3141:20; 3145:5, 3045:2, 6; 3077:10; 3278:4 3048:20 11-12; 3146:7, 17; 3081:7; 3084:18; 3092:10; cross-examine [4] - 3066:13; Darin [1] - 2977:13 3147:10, 17-18; 3156:12; 3121:15; 3135:21; 3067:2; 3087:6; 3201:21 darned [1] - 3015:1 3157:15; 3158:15; 3164:7; 3181:15; 3188:15; Crown [6] - 3075:11, 18; data [68] - 2995:23; 3140:15; 3165:8, 19, 21; 3168:23; 3246:13; 3266:21; 3284:4 3094:11; 3095:8, 19 3178:1; 3181:12, 17, 21; 3169:3; 3170:12; 3172:24; Court [5] - 3039:13; 3048:11, CSR(A [3] - 2979:15; 3327:3, 3182:17; 3197:9, 11; 3173:20, 24; 3174:13, 19; 21; 3076:16; 3077:8 19 3198:16; 3199:9, 12; 3180:10; 3183:3; 3193:15, COURT [3] - 2979:14; cubic [3] - 3207:25; 3210:23; 3216:3, 6, 25; 3234:13; 18; 3195:11; 3203:3; 2981:10; 3088:17 3212:14 3237:5-8; 3241:11; 3242:4, 3212:9, 11; 3215:6; court [4] - 3050:19; 3089:21; cultural [2] - 3002:19; 8; 3243:14; 3245:8; 3219:22; 3220:10, 18; 3102:24; 3323:15 3003:12 3249:21; 3250:3; 3258:4, 3221:12, 22; 3223:20; courteously [1] - 3290:7 Cultural [8] - 2994:12; 11, 14, 17-19, 21, 24; 3224:2, 6; 3225:12, 14-15, Courtney [1] - 2977:20 2995:6; 2996:19; 2998:3; 3259:1, 5, 23-24; 3266:11, 19, 24; 3234:7; 3235:24; courts [4] - 3039:15; 3046:7; 3001:2; 3006:2; 3015:8 19; 3267:3, 10, 19; 3241:4; 3242:11; 3247:14; 3049:13; 3050:2 culture [1] - 3035:12 3268:14, 19, 23; 3269:1, 5, 12-13; 3275:12; 3276:1, 5, 3251:14; 3253:3-5; Courts [5] - 3041:15; Cumulative [1] - 3238:10 3258:25; 3262:23; 3271:4, 9; 3319:8, 18, 23; 3320:1, 3046:10; 3050:4, 9 cumulative [37] - 3064:4; 9-10, 13, 16, 22-23; 4; 3322:18, 22 coverage [4] - 3090:25; 3143:4; 3154:23; 3203:12; 3272:1, 21, 24; 3273:21; 3091:9; 3092:15; 3236:18 3204:4, 15; 3207:1; DATA [2] - 2985:9; 3178:9 3274:14; 3275:10; [1] covered [4] - 3003:19; 3208:14; 3210:2, 7, 14, 16; dataset - 3236:19 3282:18; 3292:1; 3305:10; 3082:24; 3086:3; 3239:11 3211:9; 3219:20; 3234:6; date [11] - 3042:10; 3064:22;

Realtime Connection - the Realtime EXPERTS - [email protected] 13 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

3121:19; 3147:24; 3277:4; 3304:6 2989:17, 23-24; 2990:7; detailed [4] - 2995:19; 3156:17; 3158:20; 3167:8; decreasing [5] - 3111:10; 3122:13; 3201:19; 3202:2 2996:9; 3008:22; 3031:5 3236:16; 3237:5, 15; 3215:15, 20; 3216:4, 21 deny [1] - 3289:3 detailing [1] - 3030:24 3243:16 deems [1] - 3305:9 denying [1] - 3083:8 details [9] - 2993:8; 3031:10; dated [2] - 3219:1; 3237:15 defend [1] - 3045:19 Department [8] - 3090:6; 3041:10; 3059:15; DATED [2] - 2984:8; 3262:3 defending [1] - 3049:13 3102:11; 3174:10; 3169:20; 3175:14; 3266:4; dates [3] - 3057:7; 3064:18, deficiencies [5] - 2999:9; 3197:16; 3203:1; 3219:5; 3296:25 21 3140:7; 3243:13; 3244:23; 3238:20; 3253:25 detect [1] - 3234:6 DAVE [2] - 2981:14; 3088:25 3250:23 department [11] - 3096:24; detectable [1] - 3210:13 David [3] - 3040:14; 3100:4 define [3] - 3034:23; 3173:13; 3174:10; 3194:9, deterioration [1] - 3271:15 Dawn [1] - 3020:25 3083:15; 3223:10 16; 3200:5; 3241:25; determination [7] - 3005:10; days [5] - 3033:25; 3083:25; defined [8] - 3025:10; 3257:1; 3321:18; 3322:3, 3046:15; 3081:1; 3097:4; 3123:9; 3181:14; 3199:6 3046:7, 9; 3080:18; 14 3119:14; 3155:16; 3305:23 DBTs [1] - 3189:17 3108:18; 3110:18; 3111:7; Department's [1] - 3047:5 determine [21] - 2995:15; deal [16] - 3009:16; 3030:19; 3248:25 departmental [1] - 3256:11 3049:23; 3080:21; 3044:7; 3047:21; 3048:5; defining [3] - 2997:21; DEPARTMENTS [2] - 3119:24; 3121:14; 3126:6; 3052:19; 3059:14, 17; 3046:5, 25 2983:14; 3162:19 3135:10; 3155:4; 3174:3; 3093:5; 3124:18; 3125:4; definitely [10] - 3031:23; Departments [3] - 3090:5; 3190:10; 3195:13; 3160:25; 3176:13; 3133:16; 3135:25; 3239:1; 3154:6; 3162:14 3225:21; 3230:18; 3232:8; 3208:14; 3210:1; 3291:4 3244:9; 3269:16; 3270:16; departments [6] - 3090:8, 3256:10; 3268:1; 3274:8; dealing [9] - 3039:25; 3274:5; 3276:24; 3302:22 16; 3096:2, 4; 3179:23 3299:24; 3305:21; 3042:6; 3052:4; 3117:10; definitive [1] - 3156:17 departure [1] - 3263:15 3318:11; 3322:8 3134:20; 3135:7; 3207:17 definitively [1] - 3273:8 dependent [1] - 3124:10 determined [10] - 3050:3, 6; deals [3] - 3043:3; 3083:23; degradation [1] - 3240:19 deposit [3] - 3185:3; 3125:11; 3156:10; 3275:3 degree [7] - 3191:5; 3265:24; 3321:11; 3322:6 3195:18; 3206:20; 3212:4, dealt [3] - 3040:3; 3052:16; 3266:16; 3267:5, 20; deposited [1] - 3190:11 9; 3224:24 3079:20 3268:3; 3275:9 depositing [1] - 3185:6 determining [4] - 3119:9; Deb [1] - 3070:24 degrees [1] - 3078:23 Deposition [1] - 3179:25 3156:20; 3265:16; 3268:2 debatable [1] - 3017:19 delay [2] - 3117:1; 3285:12 deposition [2] - 3185:14; deterministic [2] - 3268:24; debate [3] - 3021:12; delaying [1] - 3116:9 3186:3 3269:4 3027:15, 21 DELEGATED [2] - 2986:9; deposits [1] - 3320:12 deterrent [1] - 3140:8 debated [1] - 3254:7 3289:15 Depression [1] - 3048:17 Detour [1] - 3040:4 Debbie [3] - 2978:19; 2991:8; delegated [2] - 3288:22; depth [2] - 3071:15 dev [1] - 3042:25 3011:2 3289:9 Deranger [2] - 2978:10 develop [11] - 3039:20; Deborah [1] - 2977:21 delegating [1] - 3288:25 describe [1] - 3077:12 3051:24; 3056:25; decades [2] - 3161:21; deleterious [4] - 3320:13; described [2] - 3080:18; 3155:19; 3158:5; 3159:4; 3246:15 3321:2, 12; 3322:6 3309:20 3160:8; 3161:18; 3221:10; December [1] - 3058:15 deliver [1] - 3038:5 describes [2] - 3114:18, 21 3255:5; 3285:14 decide [2] - 3017:22; delivered [1] - 3053:20 describing [2] - 3072:20; developed [8] - 3080:5; 3267:23 delivering [1] - 3012:2 3313:25 3082:8; 3155:25; 3156:2; decided [1] - 3266:4 DELTA [2] - 2983:19; description [2] - 3191:22; 3164:17; 3169:10; decision [14] - 3002:22; 3201:17 3313:18 3257:20; 3275:23 3005:10; 3040:16; Delta [3] - 3199:23; 3207:6; DESCRIPTION [3] - 2980:2; developer [1] - 3317:24 3048:21; 3050:20; 3249:4, 3288:6 2983:2; 2985:2 developers [3] - 3315:15; 16; 3259:13; 3288:25; delta [2] - 3201:1; 3203:22 Desert [1] - 3272:10 3316:1; 3317:16 3290:25; 3291:1; 3301:5; demand [2] - 3199:18; deserved [1] - 3013:1 developing [4] - 3148:9, 14; 3314:13; 3319:10 3211:18 design [14] - 3236:23; 3254:10; 3311:6 Decision [6] - 3138:15, 21; demands [2] - 3197:1 3240:15; 3251:4; 3302:13, development [19] - 2996:25; 3139:4, 15; 3154:16; democratic [1] - 3085:17 23; 3303:17, 21, 24-25; 2999:24; 3037:6; 3042:6, 3157:24 demonstrate [5] - 2995:10; 3304:7, 19; 3306:2 11, 20; 3092:11; 3127:11; decision-making [3] - 3008:5; 3023:20; 3024:13; designed [3] - 3250:16; 3129:7; 3160:24; 3195:21; 3249:4, 16; 3314:13 3231:6 3302:19; 3304:21 3202:6; 3236:11; 3260:10; decisions [7] - 3038:24; demonstrated [1] - 3142:12 Desjarlais [1] - 3004:20 3287:2; 3297:1; 3298:20; 3314:6; 3324:8 3197:25; 3205:13; demonstrating [2] - 2995:25; destroyed [2] - 3149:10; 3235:21; 3274:6; 3308:7; 3023:17 3151:15 Development [5] - 2997:7; 3042:15; 3143:4; 3238:8; 3320:5 Dene [1] - 3035:9 destruction [2] - 3015:22; 3244:20 decline [1] - 3111:12 denied [1] - 3043:25 3209:21 development's [1] - 3007:17 declines [4] - 3109:23; Denstedt [3] - 2978:2; detail [7] - 2999:25; 3074:21; 3111:1; 3114:13; 3115:10 2989:16; 3130:11 3092:7; 3121:12; 3168:2, developments [1] - 3204:13 devices [1] - 3247:3 decrease [3] - 3228:25; DENSTEDT [8] - 2980:11; 14; 3294:15

Realtime Connection - the Realtime EXPERTS - [email protected] 14 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

devolved [1] - 3037:25 3094:14; 3096:8, 25; district [1] - 2992:23 3288:21; 3297:4; 3299:7; Devon [1] - 3102:3 3102:17; 3103:18; 3152:6 District [1] - 3102:15 3300:12; 3304:17; 3306:5; devote [1] - 3220:22 directly [15] - 3004:3, 14; disturbance [1] - 3097:15 3313:20; 3325:1, 20 DFO [49] - 2981:8; 2985:17; 3010:4; 3011:5-7; 3014:9; disturbed [3] - 3134:4; Donna [2] - 2978:10 2986:8; 3088:14; 3174:9; 3037:25; 3039:3; 3058:10; 3242:24; 3277:10 doped [1] - 3277:2 3186:14; 3203:22; 3206:3; 3078:2; 3079:4; 3175:25; diversion [6] - 3016:3; double [2] - 3225:25; 3218:17; 3219:17, 25; 3298:20; 3322:16 3279:9, 22; 3280:4, 7; 3274:18 3220:20; 3221:3; 3222:18, Director [1] - 3096:14 3283:13 double-barrel [1] - 3274:18 24; 3226:5, 10; 3227:2; Directorate [2] - 3096:15; Diversity [2] - 3129:14; double-check [1] - 3225:25 3230:4, 22, 24; 3233:21; 3194:11 3132:4 doubt [2] - 3161:1; 3235:6 3237:20; 3241:22; 3253:2; dirty [1] - 3048:16 diversity [2] - 3130:1; doubts [1] - 3272:22 3254:4, 25; 3256:23; disagree [6] - 3163:5; 3132:15 DOUG [2] - 2981:15; 3089:3 3257:11; 3278:20; 3279:8, 3164:15, 19; 3244:13, 16; divide [2] - 3210:7; 3262:25 Doug [1] - 3099:5 11, 17; 3280:1; 3281:21; 3273:11 divided [2] - 2994:24; 2995:4 Dowdeswell [2] - 3247:17 3282:15; 3283:1, 7, 14; disappointing [1] - 3014:12 Division [3] - 3048:21; down [22] - 2992:23; 3288:2, 17, 21, 24-25; disbelieve [1] - 3181:2 3099:21; 3101:3 3001:12; 3009:25; 3011:2, 3289:7, 13 discharge [3] - 3264:18; division [4] - 3037:17; 13; 3022:9; 3025:2; DFO's [11] - 3103:3; 3219:16; 3322:4, 16 3177:3; 3197:19; 3198:10 3029:1; 3040:19; 3048:22, 3221:3, 7; 3222:1; discipline [1] - 3173:14 DO [2] - 2986:6; 3261:8 25; 3075:14; 3116:21; 3234:19; 3279:3, 6; disciplines [1] - 3174:21 DOCUMENT [2] - 2983:6; 3183:11; 3188:19; 3202:7; 3280:12, 25; 3281:11 discounted [4] - 3043:19; 3107:20 3225:6; 3254:18; 3255:1, dialogue [5] - 3059:5; 3080:13; 3081:25 document [46] - 2996:23; 25; 3261:21; 3327:7 3061:10; 3063:16; discover [1] - 3196:15 2997:2, 11, 13; 3000:2; download [1] - 3258:22 3085:21; 3312:13 discretion [1] - 3294:16 3024:8; 3065:14; 3070:6, downstream [4] - 3203:13; Diane [1] - 3058:18 discuss [5] - 3020:12; 8, 25; 3071:23; 3072:1, 3204:6; 3227:24; 3233:2 dibenzothiophenes [1] - 3166:19; 3255:4; 3257:8; 19-20; 3083:23; 3093:18; Downsview [1] - 3099:21 3189:19 3266:3 3107:16; 3108:2; 3118:17; DR [2] - 2986:3; 3261:4 died [1] - 3010:24 discussed [5] - 3187:24; 3130:5; 3138:10; 3143:16, Dr [44] - 2999:6; 3091:12; difference [4] - 2996:15; 3197:4; 3261:15; 3266:1; 19; 3144:7, 14, 16; 3097:10, 12; 3098:9, 11, 3019:16; 3084:15; 3322:15 3320:23 3152:15, 20; 3153:12, 16, 19, 21, 24; 3099:2, 5, 7, differences [2] - 2996:4; discussing [2] - 3076:23; 19; 3162:11; 3167:10, 13, 20, 22; 3101:1, 15, 17, 3269:19 3230:10 17, 20; 3170:1, 3; 3182:12; 20-21; 3102:2, 5; 3111:4; different [32] - 2996:11; discussion [18] - 2999:9; 3218:24; 3219:7; 3221:2, 3115:19; 3139:22; 2999:2; 3005:22; 3022:2; 3013:4; 3022:23; 3049:18; 6; 3239:9; 3290:17 3158:19; 3160:21; 3027:11; 3044:18; 3067:4, 3069:13; 3080:15; 3083:7; documented [3] - 3012:14; 3180:12; 3184:4; 3186:19; 8; 3068:6; 3078:9; 3113:22; 3122:24; 3167:1; 3095:5; 3200:24 3187:15; 3188:20; 3083:16; 3086:4; 3109:1; 3226:22, 24; 3255:12; documents [8] - 3065:17; 3199:24; 3202:12; 3214:7; 3124:25; 3172:13; 3213:4, 3279:16; 3288:9; 3313:11; 3066:4, 19; 3083:15; 3248:13; 3260:1, 22; 6; 3214:19; 3216:12, 14, 3318:22; 3323:11 3093:7; 3163:20; 3239:5 3263:15, 21; 3264:11; 20; 3244:12; 3259:5; discussions [10] - 3041:20; domestic [1] - 3040:25 3275:3 3265:18; 3266:21; 3043:1, 12; 3051:5; dominance [1] - 3129:10 Draft [1] - 3230:6 3268:16; 3269:2; 3279:24; 3082:12; 3175:13; 3289:2, dominant [2] - 3078:15; draft [8] - 3042:19; 3083:14; 3282:3; 3284:2; 3314:21 6; 3299:12; 3312:14 3128:23 3153:16; 3165:5, 23; difficult [11] - 3070:3; disparate [1] - 3246:17 dominated [3] - 3127:10, 12, 3166:23; 3167:5; 3272:14 3085:9; 3108:17; 3109:3; disposal [1] - 3101:24 19 drafting [1] - 3166:24 3142:3; 3165:2; 3236:24; dispossessed [2] - 3043:24; Don [2] - 2977:18; 2978:21 drainage [1] - 3207:7 3245:21; 3305:15; 3322:21 3052:22 done [52] - 2996:16; 3003:9; drained [1] - 3063:21 difficulty [1] - 3086:20 dispossession [1] - 3084:24 3004:13; 3009:22; 3018:9; dramatic [1] - 3122:19 digitally [1] - 3059:21 dissected [1] - 3036:10 3028:19, 21; 3030:5; drastic [2] - 3109:23; 3111:1 Dilay [4] - 2977:3; 3088:1; dissertation [1] - 2991:16 3031:8; 3036:2; 3061:9; draw [2] - 2994:16; 2999:18 3104:5, 15 dissociate [1] - 3274:12 3108:10; 3109:5; 3111:25; drawdown [5] - 3136:4; diluted [2] - 3188:12, 15 distinct [3] - 3035:5, 10; 3112:2; 3128:21; 3131:9; 3296:24; 3297:6; 3298:21; DINNER [1] - 2982:14 3049:2 3148:6; 3150:10, 19; 3299:2 dinner [2] - 3262:13; 3263:6 distinction [2] - 3003:13; 3155:9; 3157:6; 3161:20; drawn [1] - 3020:19 direct [10] - 3059:5; 3066:15; 3075:5 3164:3, 16; 3180:4; drier [3] - 3171:3, 14, 17 3079:21; 3086:12; distinguish [1] - 3074:9 3197:23; 3202:10; drive [1] - 3045:5 3090:14; 3294:25; distinguishing [1] - 3074:13 3206:19; 3210:5, 10; Drive [1] - 2976:24 3295:11; 3296:12; 3300:19 distribution [2] - 3243:8; 3214:2, 9; 3224:10; driven [1] - 3143:6 directed [1] - 3154:2 3307:21 3249:23; 3272:16; driver [1] - 3213:22 direction [7] - 3083:5; distributions [2] - 3269:1 3273:19; 3276:23; drivers [1] - 3269:18

Realtime Connection - the Realtime EXPERTS - [email protected] 15 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

drop [2] - 3284:16, 25 20; 3311:14, 18; 3312:3; 3218:18; 3219:18; 3315:9 3177:6, 8; 3185:5, 20; droplet [1] - 3184:10 3313:6, 9 effort.. [1] - 3159:14 3270:20, 23; 3271:2, 20; dropped [1] - 3053:16 Economic [1] - 3042:15 efforts [3] - 3147:24; 3148:3; 3272:2, 6, 20; 3273:6, 22, dropping [1] - 3019:19 economics [2] - 3221:18 3252:4 24; 3274:7, 12, 20; 3275:7, Ducharme [9] - 3001:22; ecosite [3] - 3125:2; 3128:22 eggs [2] - 3187:4; 3201:1 14, 20 3002:2, 14, 16; 3003:6, 11; ecosystem [10] - 3127:11; EGGS [2] - 2983:18; 3201:16 emitted [8] - 3164:24; 3011:9; 3025:14 3235:5, 10, 12; 3236:3; Eggs [1] - 3199:22 3184:13, 16; 3185:25; Ducharme's [1] - 3002:25 3240:25; 3282:7; 3286:15; EIA [9] - 3008:3; 3105:15, 19, 3271:25; 3273:20; 3274:4 due [2] - 3015:23; 3170:4 3303:1 24; 3109:7; 3110:4; employed [1] - 3151:2 Duncan [2] - 3042:13, 22 Ecosystem [1] - 3225:9 3234:15; 3275:13, 16 employee [1] - 3019:7 Duncanson [4] - 2978:2; ecosystems [4] - 3125:2; EIAs [2] - 3105:11; 3108:10 employees [1] - 3033:15 3055:17; 3066:24; 3073:21 3240:4, 7, 23 eight [4] - 3043:22; 3212:14; employing [1] - 3231:1 DUNCANSON [10] - 2980:19; edible [1] - 3286:6 3285:4; 3302:2 employment [1] - 3037:25 3055:18, 24-25; 3057:6, editorial [1] - 3033:15 EIS [1] - 3194:19 enable [4] - 3135:3; 3314:12; 10; 3064:25; 3066:25; Edmond [6] - 3001:22; either [13] - 3001:1, 18; 3317:11 3067:12; 3073:19 3002:2, 14, 16; 3003:6; 3009:12; 3054:4; 3061:12; enabling [1] - 3315:21 during [11] - 3048:16; 3025:14 3075:7; 3080:22; 3083:12; enacted [3] - 3130:7; 3097:8; 3115:23; 3116:5; Edmonton [8] - 3091:10; 3176:4; 3184:9, 19; 3131:15; 3132:2 3130:11; 3140:2, 6; 3094:21; 3097:12, 20; 3186:1; 3299:2 enacting [1] - 3167:14 3232:25; 3293:1; 3322:16 3100:1; 3121:8, 11; 3193:9 elaborate [1] - 3128:17 Enbridge [1] - 3043:11 dust [2] - 3184:12, 15 education [3] - 2991:2; elaborating [1] - 3224:9 encompasses [1] - 3292:11 dust-like [1] - 3184:15 3054:18, 21 Elder [1] - 3029:16 encompassing [1] - 3313:18 duties [1] - 3322:4 effect [8] - 3191:2; 3210:7, Elders [9] - 3045:17; encourage [3] - 3031:24; duty [1] - 3119:23 13; 3215:22; 3228:12; 3058:14; 3061:9, 15; 3041:18; 3254:17 dynamic [2] - 3117:21; 3229:19; 3243:4 3072:25; 3096:12; end [16] - 3016:5; 3040:12; 3118:4 effective [9] - 3137:20; 3100:24; 3102:13; 3103:7 3075:1; 3102:23; 3151:5; 3149:8, 24; 3150:1, 4, 14, Elders' [1] - 3061:7 3156:17; 3158:24; E 16; 3173:23; 3235:6 elections [1] - 3085:13 3175:16; 3199:8, 11; effectiveness [7] - 3123:25; electricity [1] - 3163:16 3215:9; 3231:14; 3248:2; 3138:5; 3229:12; 3231:7; electronically [1] - 3086:21 3257:14; 3298:15 E&P [1] - 2979:8 3238:20; 3305:17; 3315:24 elemental [3] - 3184:21; endorse [1] - 3282:16 e) [2] - 3023:1; 3026:21 Effects [3] - 3099:8; 3238:10 3185:7, 9 ends [3] - 3231:7; 3286:4; E-10 [1] - 2976:7 effects [81] - 2997:16; elements [3] - 3016:2; 3323:6 e-mail [2] - 3094:7; 3153:15 3064:4; 3113:4, 7; 3114:5, 3138:3; 3250:7 ENERGY [4] - 2976:3, 6, 11; Eamon [2] - 2978:7; 3278:10 22; 3119:18; 3120:9; elevated [9] - 3227:10; 2977:9 early [10] - 3028:20; 3065:19; 3124:1; 3125:16; 3126:3, 3229:17; 3230:16; Energy [5] - 2992:17; 3084:25; 3092:19; 3190:3; 7; 3133:1, 9, 13, 16-17; 3232:24; 3233:18; 3203:12; 3289:20; 3290:2 3191:16; 3192:20; 3266:1; 3134:10, 13, 17-18; 3234:23; 3235:8, 13; Energy's [1] - 3203:16 3320:2, 8 3136:3, 17; 3142:15; 3284:24 enforce [2] - 3041:3; 3308:10 [1] easier - 3143:25 3143:5; 3144:24; 3145:3, elevated" [1] - 3234:25 enforceable [3] - 3308:23; [1] easiest - 3056:11 10, 13; 3149:13, 21, 23; Elford [1] - 2978:9 3309:2; 3310:18 easily [3] - 3084:22; 3277:15, 3150:10, 17; 3169:6, 17; eliciting [1] - 3118:19 enforced [1] - 3310:9 19 3174:4; 3203:13; 3204:11, eloquently [1] - 3003:2 enforcement [9] - 3308:10; eastern [10] - 2991:23; 15; 3205:8; 3207:1; elsewhere [3] - 3044:12; 3310:4; 3321:18, 25; 3076:24; 3126:18; 3208:14; 3209:10; 3091:14; 3141:11 3322:3, 12, 20; 3323:1, 11 3146:17; 3147:5, 9, 20, 25; 3211:12; 3212:3; 3213:16; Elsie [1] - 3058:18 enforcing [1] - 3306:12 3243:9 3217:12; 3219:21; 3234:6; elucidate [1] - 3172:15 engage [8] - 2993:12; easy [1] - 3085:2 3239:22; 3240:3, 10, 13; embark [1] - 3130:18 2999:9; 3014:16; 3019:9; eat [1] - 3235:22 3241:19; 3246:19; 3251:4; emergency [1] - 3094:20 3040:23; 3042:4; 3083:11; EBF [6] - 2985:17; 3223:2; 3255:14, 16-17; 3267:8, Emission [1] - 3272:12 3095:12 3224:7; 3225:21; 3226:5, 15; 3296:17, 23; 3297:5; emission [5] - 3185:13; engaged [8] - 3041:2; 10 3304:9, 11; 3305:6; 3186:4; 3271:3, 6; 3274:15 3042:10, 12; 3045:13; ec [1] - 3042:25 3311:8; 3313:16, 24; EMISSIONS [2] - 2985:4; 3051:19, 22; 3055:3 EC [4] - 2981:11; 3088:19; 3314:11; 3315:21; 3318:6, 3177:16 engagement [2] - 3017:8; 3155:17; 3159:3 13, 23; 3324:8 emissions [45] - 3163:1, 21; 3095:5 EC's [2] - 3111:14; 3306:15 EFFECTS [2] - 2984:4; 3164:10, 12, 20-21, 24; engagements [1] - 3083:13 ec-dev [1] - 3042:25 3238:16 3165:7, 11, 16, 20, 25; engineers [3] - 3296:3; efficiency [1] - 3254:23 Ecological [3] - 3115:24; 3166:6, 14, 17; 3167:15; 3297:1; 3302:22 efficient [1] - 3110:13 3223:3; 3224:5 3168:6, 22; 3169:2, 7; engines [1] - 3185:18 effort [5] - 3159:2; 3160:2; economic [8] - 3042:5, 10, 3175:20; 3176:1, 5-6; English [1] - 3153:17

Realtime Connection - the Realtime EXPERTS - [email protected] 16 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

ensure [15] - 3042:23; 23; 3292:11, 20; 3294:2, erased [1] - 3002:21 3012:11; 3014:24; 3015:2; 3043:2; 3053:12; 3054:23; 22; 3295:4, 17, 20; ERCB [7] - 2976:4; 2977:9, 3020:1; 3021:22; 3026:2, 3112:20; 3113:5; 3220:22; 3296:20; 3297:8, 14; 13; 2980:23; 2981:4; 4; 3032:3; 3065:23; 3233:3; 3281:6, 13, 24; 3298:5; 3299:5, 10; 3005:20; 3074:1 3066:5, 15; 3067:22; 3284:16; 3308:2, 13; 3301:9; 3302:11, 18; Erin [1] - 2977:17 3071:16; 3087:11; 3090:7, 3310:13 3304:14; 3305:12; 3306:1, Ernie [1] - 3029:16 12, 15; 3091:1; 3094:6; ensuring [1] - 3317:9 3, 11, 21, 25; 3307:15, 18; err [1] - 3274:23 3095:3, 14, 18; 3096:7; entail [1] - 3166:3 3308:1, 13; 3311:1; errors [1] - 2995:2 3100:13; 3101:13, 18, 23; entangled [1] - 3113:18 3312:24; 3315:25; 3320:9, Eskimos [1] - 3048:13 3102:6; 3103:22; 3104:2; entered [4] - 3040:5, 14; 11; 3321:7, 9-10, 15; especially [3] - 2993:20; 3113:20; 3118:16; 3121:6; 3042:2; 3044:11 3322:11 3066:7; 3217:15 3124:22, 24; 3137:6; ENTERTAINED [2] - 2986:6; environmental [43] - 3101:8; Esq [9] - 2977:7, 10; 2978:2, 3138:25; 3142:23; 3261:9 3102:22, 25; 3114:22; 7, 9, 13, 23; 2979:3 3163:19; 3172:21; 3173:1; entertained [1] - 3261:2 3125:17; 3126:4; 3136:13; essence [1] - 3000:4 3175:3; 3193:21; 3194:2; 3218:6, 10; 3224:15; entities [1] - 3254:19 3146:2; 3173:19; 3174:4; essential [1] - 3281:18 3263:21; 3275:18; entitled [5] - 3145:19; 3195:9; 3205:21; 3219:20; essentially [2] - 3111:6; 3167:10; 3169:23; 3237:12; 3239:22; 3202:8 3290:16; 3323:14 3240:10, 13, 18; 3241:10, EVIDENCE [4] - 2980:8; 3179:24; 3247:19 establish [2] - 3073:5; Entitled [1] - 2998:3 13, 19; 3242:4, 7-9; 3236:25 2983:8; 2988:14; 3119:3 3243:1, 14-15; 3251:22; exact [2] - 3158:20; 3277:8 ENTITLED [2] - 2983:6; ESTABLISHED [1] - 2976:1 3252:19; 3255:16; 3260:9; exactly [12] - 3063:17; 3107:20 established [8] - 3077:8; 3292:15; 3303:3; 3311:14, entrenchment [2] - 3034:25; 3189:14; 3223:4, 13, 23; 3070:9; 3082:13; 3116:13; 18; 3312:3; 3313:7; 3049:4 3225:19; 3245:4; 3251:20 3168:14; 3170:15; 3316:5; 3317:10; 3318:6 3186:11; 3206:19; envelopes [1] - 3054:1 establishes [1] - 3144:23 Environmental [48] - 2979:1; 3216:22; 3218:20; ENVIRONMENT [12] - estimate [4] - 3160:16; 2993:18, 24; 2995:6, 13; 3232:19; 3289:5 2981:11; 2983:15; 2985:9, 3208:6; 3271:1; 3274:11 2996:2, 19; 2997:18; EXAMINATION [13] - 2980:9, 21-22; 3088:19; 3172:6; estimated [2] - 3190:7; 3023:4; 3030:6; 3091:17; 17; 2982:2, 7, 9, 12, 17; 3178:9; 3256:18 3272:3 3096:14; 3097:19; 3101:1, 2989:20; 3055:21; environment [11] - 3113:7; estimates [5] - 3102:8; 3, 6; 3103:10; 3105:4; 3104:13; 3123:15; 3172:9; 3114:4, 10; 3116:16; 3121:5; 3161:20; 3271:19; 3108:19; 3112:19, 25; 3278:4 3210:21, 25; 3234:5; 3274:15 3114:17; 3136:15; examination [9] - 3065:12; 3239:25; 3249:7; 3282:11; et [5] - 3024:13; 3068:18; 3143:23; 3144:3, 8; 3068:4, 8; 3090:14, 20; 3315:17 3069:14; 3109:18; 3189:1 3154:5; 3162:12; 3182:6; 3118:25; 3130:11, 14; Environment [128] - 2987:9; evaluate [4] - 3159:3; 3194:8, 10; 3196:3, 8; 3131:8 3090:7; 3092:3; 3096:10, 3160:4; 3210:6; 3296:7 3205:10; 3213:12; 3215:5; examine [4] - 3066:13; 15, 19, 21; 3097:2, 6; evaluated [7] - 3000:17; 3222:23; 3234:10; 3067:2; 3087:6; 3201:21 3100:13, 16; 3104:1; 3128:21; 3135:23; 3238:10; 3244:19; examined [1] - 2999:25 3133:19; 3138:18; 3139:7, 3151:19; 3152:1; 3232:21 3247:20; 3267:6; 3275:9; examines [1] - 3038:21 9, 19; 3141:22; 3144:5, 10; evaluates [1] - 3305:4 3298:18; 3308:24; examining [1] - 3000:1 3151:15; 3152:15; 3154:2, evaluating [2] - 3224:25; 3309:18; 3310:17, 23 example [43] - 3002:9, 11; 20, 22; 3156:4; 3158:5, 12; 3293:3 ENVIRONMENTAL [9] - 3012:4; 3018:25; 3025:17; 3160:3; 3161:7, 15; evaluation [7] - 2993:2; 2976:5, 9; 2977:6; 3028:9; 3031:4; 3037:24; 3162:8; 3163:20; 3168:9; 2994:1; 2997:16; 3226:5; 2983:13; 2984:4, 6; 3039:7; 3040:4; 3051:9; 3169:4, 16, 23; 3170:11, 3282:21; 3305:8 3162:18; 3238:16; 3248:10 3062:14, 20; 3068:12; 15, 18; 3172:3, 20; 3173:8; EVALUATION [4] - 2983:22; environmentally [1] - 3072:8; 3079:10; 3111:9, 3174:2; 3178:2; 3179:19, 2985:17; 3226:9; 3238:1 3257:21 11; 3112:8; 3134:2; 23; 3180:18; 3181:3; Evaluation [4] - 3222:23; environments [1] - 3227:25 3135:15; 3136:1, 4, 7; 3186:22; 3191:13; 3223:8; 3224:1; 3237:21 3193:12, 16; 3194:3, 9; Environments [1] - 3238:21 3143:8; 3182:6, 14; evaporates [1] - 3000:17 3196:21; 3198:12; EPEA [2] - 3156:7; 3157:3 3185:19; 3191:14; evening [6] - 3033:23; equal [2] - 3069:12; 3134:3 3198:25; 3242:13; 3199:15; 3201:6; 3212:18, 3121:14; 3262:15; 3263:2, equals [1] - 3070:14 3243:10, 17; 3270:11; 25; 3215:14; 3220:21; 10; 3278:9 3230:25; 3237:8; 3238:7; equate [1] - 3109:4 3280:1; 3283:19; 3294:16; event [7] - 3151:12, 14; 3241:16; 3243:18, 20; equates [1] - 3108:25 3295:11; 3296:9; 3297:10; 3263:18, 23; 3291:8; 3244:3, 17; 3245:12; equation [1] - 3161:13 3306:3; 3322:17 3300:17 3246:14; 3247:12; equilibrium [1] - 3287:4 examples [2] - 3005:23; everywhere [1] - 3070:2 3249:10; 3252:13; 3253:2, equipment [1] - 3184:14 3171:9 evidence [61] - 2988:3; 9; 3255:21; 3259:3, 10; equitable [1] - 3248:23 exceedances [1] - 3099:9 2994:13; 2996:14; 3261:19; 3265:25; 3266:5; equivalency [1] - 3135:24 exceeded [2] - 3109:23; 2998:19, 24; 2999:18; 3272:18; 3291:15, 17, 19, equivalent [2] - 3084:9, 12 3110:25 3000:18; 3002:12;

Realtime Connection - the Realtime EXPERTS - [email protected] 17 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

except [3] - 3043:22; Expansion [8] - 3060:18; extended [1] - 3286:21 3011:11, 17 3090:15; 3131:5 3062:4; 3063:11, 22; extends [4] - 3024:25; failed [2] - 3049:7; 3237:19 excerpt [5] - 3071:6; 3101:5; 3108:4; 3186:6; 3025:2; 3076:22; 3077:9 failing [1] - 3163:3 3093:17; 3105:18; 3247:9 extensively [1] - 3066:13 failure [2] - 3047:18; 3240:12 3117:17; 3172:2 EXPANSION [1] - 2976:1 extent [6] - 3029:3; 3127:9; fair [55] - 3002:23; 3019:23; EXCERPT [4] - 2983:5, 8; expansion [1] - 3079:3 3250:10; 3281:13; 3304:4; 3030:4; 3056:15; 3058:25; 3093:23; 3119:3 Expansion.. [1] - 2998:12 3322:13 3061:18, 22-23; 3062:5; excerpts [2] - 3091:22; expect [7] - 3160:17; externally [1] - 3081:13 3063:14; 3073:13; 3221:25 3165:23; 3230:15, 17; extinction [3] - 3109:24; 3109:13; 3114:11; excess [1] - 3039:19 3286:10; 3287:10, 15 3111:1; 3115:9 3118:23; 3120:7; 3126:18; excited [1] - 3027:17 expectation [2] - 3286:18; extinguished [1] - 3047:7 3129:5, 9; 3130:6; exclusive [2] - 3150:24; 3288:24 extirpation [2] - 3111:13; 3139:19; 3150:13; 3159:8; 3314:15 expecting [1] - 3149:2 3114:13 3160:12, 15; 3169:4, 15; EXCUSED [2] - 2981:5; expeditiously [4] - 3088:4; extracts [1] - 3161:7 3173:15; 3182:8, 17; 3087:15 3089:25; 3162:2; 3254:20 extraordinarily [2] - 3014:12; 3196:4; 3197:15; 3207:6; excused [1] - 3087:13 expensive [1] - 3013:11 3030:15 3208:4; 3212:24; 3217:19; exercise [1] - 3306:23 experience [6] - 2991:2; extreme [2] - 3114:13; 3220:24; 3223:6; 3229:4, exerts [1] - 3025:24 2994:21; 3075:15; 3148:4, 3115:9 18, 21; 3235:18, 25; Exhibit [16] - 2990:23; 17 extremely [3] - 3111:15; 3246:4; 3292:18; 3297:2; 2996:20; 2998:5; 3012:12; experienced [1] - 3285:17 3258:1, 4 3315:24; 3317:18; 3020:9; 3059:23; 3061:1; experiences [1] - 3299:5 eye [4] - 3143:8; 3317:3; 3318:14; 3319:13 3070:17; 3110:8; 3123:20; expert [11] - 2994:9; 3321:15; 3322:11 fairly [4] - 2993:10; 3019:4; 3177:25; 3178:15; 3016:12; 3090:8; 3096:21; eyes [1] - 3000:13 3043:12; 3059:13 3193:17; 3203:7; 3264:10; 3097:6; 3101:17; 3102:4; fairness [3] - 3067:20, 24; 3279:4 3200:6; 3214:8; 3228:14, F 3317:13 EXHIBIT [30] - 2983:3, 5-6, 8, 23 fall [4] - 3046:17; 3106:23; 10-11, 13, 15, 17, 20-21; expertise [15] - 2991:19; 3293:13; 3321:22 2984:3, 5, 8; 2985:8; 3090:17; 3173:6, 14; face [1] - 2987:16 fall-back [1] - 3046:17 3087:24; 3093:23; 3174:12; 3195:24; facets [1] - 3246:2 fallback [1] - 3049:11 3107:20; 3119:3; 3152:25; 3224:23; 3229:22; facilitate [1] - 3121:23 familiar [24] - 3033:1; 3153:6; 3162:17; 3172:6; 3230:21; 3234:12; 3256:8; facilities [5] - 3100:12; 3078:17; 3105:15; 3178:7; 3201:14; 3222:12; 3290:4; 3295:22; 3296:1; 3101:25; 3169:8; 3188:24; 3110:19; 3167:11-13, 3237:25; 3238:15; 3248:8; 3302:24 3295:12 17-18; 3170:14; 3176:1, 3, 3262:2 experts [16] - 2999:5; facility [5] - 3260:6, 12; 17, 19, 21; 3180:14; exhibit [26] - 2990:24; 3000:25; 3001:15; 3321:21; 3322:15 3199:24; 3200:12; 2998:4; 3026:22; 3057:4, 3016:13; 3018:22; facility-specific [3] - 3260:6, 3222:20; 3237:10, 18; 8, 11; 3059:16; 3064:18, 3100:10; 3173:9; 3175:8; 12 3238:25; 3253:21 24; 3087:20; 3092:1, 23; 3194:17, 22; 3195:4; fact [40] - 2998:21; 3001:25; familiarity [4] - 3063:25; 3105:19; 3107:17; 3200:10, 16; 3285:3; 3002:17; 3007:4, 7; 3176:15; 3180:11; 3253:24 3118:14, 17; 3152:8; 3302:22 3017:12; 3023:20; 3025:5; families [9] - 3011:18; 3162:11; 3201:11; explain [9] - 3010:3; 3020:4; 3042:25; 3043:5; 3046:6; 3014:1; 3022:3; 3026:11, 3237:22; 3238:5; 3248:5; 3034:5; 3092:7; 3133:23; 3049:10; 3056:3, 18; 14; 3027:11; 3029:9, 13 3261:24; 3290:11; 3141:6; 3142:22; 3189:18; 3057:6; 3059:9; 3062:2; family [26] - 3002:25; 3003:7; 3318:24; 3319:2 3252:6 3077:2; 3087:5; 3092:19; 3004:1, 8-9, 14, 17; exhibits [3] - 2993:15; explained [2] - 3001:10; 3113:15; 3121:9; 3131:6, 3006:20; 3007:4, 23; 3067:4; 3086:18 3068:7 20; 3132:12; 3155:24; 3010:18; 3011:9, 11, 16, EXHIBITS [2] - 2983:1; explaining [2] - 3005:14; 3173:24; 3195:7; 3197:7; 20; 3012:3, 13, 24; 2984:1 3010:19 3199:4; 3225:22; 3229:25; 3022:15; 3025:14; exist [8] - 3000:15; 3015:5; explains [1] - 3002:1 3245:11, 25; 3276:18; 3031:20; 3094:20 3031:2; 3082:10; 3112:6; explanation [1] - 3006:19 3301:4; 3312:7; 3315:1; family's [2] - 3009:17; 3013:8 3321:23; 3322:8 3242:20; 3249:8; 3283:24 explicit [2] - 3315:1, 4 far [19] - 3005:18; 3009:10; factor [2] - 3074:13; 3271:12 existed [1] - 3017:9 explicitly [2] - 3312:3; 3053:8; 3076:3; 3093:1; existence [4] - 3025:17; 3314:20 factored [1] - 3301:1 3097:10; 3166:24; 3179:1; factoring [1] - 3123:7 3026:1; 3077:2; 3281:10 explored [2] - 3006:1; 3298:9 3180:21; 3216:9; 3217:3; [7] existent [1] - 3013:21 exponentially [1] - 3183:24 factors - 3236:24; 3229:13; 3235:3; 3267:18; 3266:17; 3271:3, 6; existing [6] - 3063:3; express [4] - 3014:8, 21; 3268:10; 3282:22; 3284:4; 3142:13; 3204:23; 3017:4, 13 3290:24; 3313:19; 3316:7 3290:14; 3321:16 facts [6] - 2999:14; 3001:17; 3231:25; 3232:3; 3283:19 expressed [6] - 3016:18, farm [2] - 3010:20, 23 exists [3] - 3005:4; 3091:11; 22-23; 3117:4; 3254:2; 3014:6; 3018:7, 12 father [2] - 3003:9; 3010:20 3242:10 3285:6 Faichney [3] - 3006:16; feasible [1] - 3013:25

Realtime Connection - the Realtime EXPERTS - [email protected] 18 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

feature [1] - 3260:23 3103:3; 3195:1 firstly [1] - 3095:2 flight [1] - 3062:15 FEATURE [2] - 2986:4; filed [14] - 2990:21; 3032:5; fish [72] - 3015:18; 3040:24; flip [3] - 3023:15; 3033:13; 3261:5 3065:21; 3076:15; 3090:7; 3187:5, 10; 3188:16; 3071:25 February [4] - 3053:18; 3091:2; 3094:7; 3096:7; 3203:2, 13, 18; 3206:5; flipped [1] - 3071:11 3199:23; 3221:12; 3246:10 3098:5; 3103:23; 3104:2; 3208:1, 23; 3209:2, 4, 6, 9, Flook [1] - 2979:4 Federal [30] - 3037:23; 3175:4; 3218:10; 3312:11 12, 21, 24; 3211:12, 16; FLOW [2] - 2983:22; 3238:1 3038:2, 4, 12-13; 3042:4, files [4] - 3030:22, 24; 3212:3; 3215:3; 3221:17; Flow [4] - 3223:3; 3224:5; 12; 3043:10, 25; 3044:3, 6; 3031:1 3227:10, 17-18, 21-22; 3225:9, 11 3048:4, 12, 20; 3052:18; fill [1] - 3325:5 3229:2, 15; 3230:19; flow [21] - 3052:8; 3110:2; 3084:16; 3094:10; filling [1] - 3286:25 3231:3, 25; 3232:2, 5, 3204:22; 3207:18, 20; 3131:15; 3132:1; 3147:4; final [13] - 3038:23; 3107:4; 14-15; 3233:3, 8, 12, 16; 3208:21; 3212:13; 3148:11, 14, 23; 3154:6; 3121:6, 24; 3122:8, 17; 3235:3, 8, 12, 14, 17; 3215:13; 3216:3, 14-15; 3162:13; 3163:3; 3167:9, 3153:15; 3162:22; 3167:4; 3236:13, 18; 3237:1; 3217:9, 22; 3218:7, 18; 20; 3243:18; 3253:9 3169:21; 3259:13; 3280:6, 19, 22; 3281:3; 3223:4, 12, 17, 23; federal [13] - 3130:6; 3272:15; 3274:16 3282:10, 17; 3284:6, 18, 3225:19 3141:18; 3146:1; 3147:8, finalized [1] - 3156:21 20; 3285:25; 3286:5; Flows [1] - 3222:23 10, 12, 14, 21; 3158:2; finally [7] - 2997:8; 2998:1; 3287:3, 11, 15; 3320:14 flows [5] - 3083:12; 3117:20; 3165:17; 3240:8 3014:18; 3045:17; 3100:4; fish-bearing [1] - 3320:14 3210:20; 3215:14; 3258:20 FEDERAL [4] - 2983:14; 3102:1; 3103:5 fishable [1] - 3286:17 flux [2] - 3190:5 2985:20; 3162:19; 3256:17 financing [1] - 3047:25 fished [1] - 2998:10 fly [1] - 3141:10 Federal/Provincial [1] - findings [6] - 3029:4; fisheries [4] - 3205:19; flycatcher [1] - 3143:9 3260:24 3092:20; 3180:23; 3236:13; 3242:19; 3255:19 flying [1] - 3055:9 FEDERAL/PROVINCIAL [2] - 3244:18; 3321:16 Fisheries [23] - 3090:6; focus [3] - 2999:13; 3083:4; 2986:4; 3261:6 fine [4] - 3047:14; 3087:3; 3102:12, 15-16, 20; 3307:5 Federation [4] - 3036:21; 3127:5; 3192:23 3174:10; 3194:3; 3197:16, focused [5] - 3022:21; 3040:11, 14; 3041:4 finish [2] - 3065:2; 3278:18 19; 3203:1; 3209:25; 3026:3; 3186:9; 3249:3; Feds [1] - 3048:14 finished [1] - 2987:20 3219:5; 3238:20; 3241:15; 3251:2 fee [1] - 3052:21 finishes [1] - 3065:12 3253:25; 3288:1, 12, 16; focusing [1] - 3218:3 feedback [1] - 3265:17 finishing [1] - 3121:6 3309:20; 3321:11, 20; focussed [1] - 3313:21 3322:5; 3323:7 Felix [1] - 3012:3 fire [1] - 3171:10 FOIP [2] - 3031:3, 7 FISHERIES [2] - 2981:8; fell [1] - 3036:11 Firebag [1] - 3004:25 folks [4] - 3008:1; 3199:6; felt [4] - 2988:25; 3012:17; fires [1] - 3171:6 3088:14 3200:20; 3230:25 fisherman [1] - 3029:21 3035:1; 3268:23 FIRM [2] - 2986:4; 3261:5 follow [23] - 3012:18; fen [18] - 3136:5, 7; 3297:6, firm [1] - 3260:23 fishery [1] - 3233:14 3050:20; 3080:10; 9, 16, 21; 3298:1, 5, 10, firmly [1] - 3256:23 fishery's [1] - 3242:23 3108:12; 3115:6; 3153:22; 16, 19, 24; 3299:2, 8, 21; first [42] - 2988:22; 2995:5; fishing [11] - 3003:8; 3155:9; 3193:12; 3202:18, 3300:3 2996:17, 23; 3000:1; 3079:23; 3227:25; 3228:1; 20; 3204:9, 14, 19; 3205:6, few [25] - 2995:2; 3005:15; 3020:24; 3022:2; 3023:11; 3232:16; 3279:12; 3280:8, 9; 3306:7; 3308:25; 3007:3; 3008:13; 3025:7; 3024:4; 3035:15; 3056:14, 14; 3281:23; 3283:3, 12 3310:15, 22, 24; 3321:19, 3031:9; 3033:25; 3054:1; 21; 3068:10; 3074:4; Fishing [1] - 3063:6 23 3055:19; 3056:10; 3090:21; 3105:10; fit [3] - 3233:9; 3235:22; follow-up [15] - 3153:22; 3060:10; 3071:6; 3086:14; 3133:16; 3136:3, 16; 3313:8 3155:9; 3193:12; 3202:20; 3094:1; 3115:19; 3122:16; 3139:5; 3143:17; 3170:13, fits [1] - 3312:5 3204:9, 14, 19; 3205:6, 9; 3128:14; 3154:10; 24-25; 3172:14, 18; five [13] - 3036:23, 25; 3306:7; 3308:25; 3310:15, 3162:24; 3199:6; 3210:3; 3179:15; 3191:10; 3042:13; 3062:5; 3085:15; 22, 24 3216:12; 3219:14; 3246:7; 3218:11; 3220:8; 3231:9, 3088:1; 3093:20; 3162:2; followed [2] - 3133:16; 3279:6 11, 22; 3248:18; 3251:16; 3188:23; 3190:22; 3149:13 fewer [2] - 3009:2; 3179:13 3275:22; 3276:8, 18; 3262:11; 3319:23 following [9] - 3025:5; fiddler [1] - 3003:10 3278:19; 3297:20 five-minute [1] - 3262:11 3125:21; 3127:13; 3128:4; field [6] - 3016:12; 3069:13; FIRST [2] - 2982:18; 3278:5 fix [1] - 3244:23 3210:18; 3220:8; 3231:8; 3174:12; 3176:13; First [36] - 2978:7, 11, 13, fixing [1] - 3002:4 3306:4; 3307:14 3190:22; 3197:10 16, 22; 2992:8, 10; 2993:5; flammable [1] - 3171:4 follows [3] - 3021:15; fields [1] - 3173:6 2996:5; 2997:4-6; 3000:16; fleet [12] - 3185:18, 20; 3133:15; 3139:15 fieldwork [3] - 3092:8, 20; 3007:14; 3013:19; 3270:23; 3271:2, 20; footprint [2] - 3127:22; 3193:23 3017:16, 19, 23; 3019:14; 3272:6, 19; 3273:6, 13, 21; 3281:12 fifth [1] - 3071:25 3028:21; 3035:8; 3041:7; 3274:8, 12 FOR [22] - 2983:12, 22; fifty [1] - 3270:13 3070:9, 13, 15; 3074:22; fleets [1] - 3272:2 2984:6; 2985:6, 10, 12, 20; figure [5] - 3025:20; 3196:12; 3084:2, 5; 3278:11; flexibility [5] - 3104:24; 3153:6; 3177:18; 3178:9; 3218:2; 3225:3 3288:11, 17; 3300:24; 3121:18, 25; 3122:3; 3192:11; 3238:2; 3248:9; file [4] - 2989:25; 3018:3; 3311:19; 3312:25 3295:13 3256:16

Realtime Connection - the Realtime EXPERTS - [email protected] 19 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13 forage [1] - 3287:23 fortuitous [1] - 3196:15 3256:14 G force [5] - 3034:21; 3147:1; fortunately [1] - 3262:8 front [5] - 3027:1; 3091:10; 3167:5, 7; 3310:8 forum [1] - 3255:12 3132:7; 3174:8; 3225:2 forced [1] - 3022:13 forward [14] - 2987:6; front-page [1] - 3091:10 gain [1] - 3325:14 foregone [1] - 3294:7 3041:19; 3085:20; 3090:1; froth [2] - 3276:10, 14 Galosky [1] - 3058:23 forest [3] - 3134:21; 3171:3; 3093:8; 3094:23; 3095:21; frustrating [4] - 3015:9; game [1] - 3097:13 3227:9 3116:3; 3136:23; 3149:3; 3016:16; 3141:23; 3142:2 gap [1] - 3242:10 forests [2] - 3171:2, 14 3162:8; 3218:6; 3266:9; fulfill [1] - 3156:5 gaps [1] - 3325:5 forever [1] - 3254:7 3314:14 FULL [2] - 2985:13; 3192:12 garden [1] - 3032:21 forget [2] - 3238:4; 3263:15 Foundation [1] - 3247:19 full [17] - 2993:7; 3002:3; Gardiner [1] - 3063:5 form [19] - 3036:24; 3037:2; FOUNDATION [2] - 2984:6; 3006:25; 3020:16; Gardiner-Namur [1] - 3063:5 3081:4; 3184:8, 10, 15, 3248:9 3151:21; 3152:3; 3160:7; Gary [1] - 2977:10 17-18, 20-21; 3185:1, 8, four [11] - 3039:13; 3047:15, 3179:24; 3180:6; 3191:11; gas [16] - 3163:1; 3165:20, 21; 3191:22; 3259:6; 18; 3085:14; 3086:19; 3192:5; 3207:16; 3211:5; 25; 3166:6, 13-14, 23; 3280:6 3093:19; 3096:1; 3190:22; 3222:9; 3251:16 3167:15; 3168:5, 17, 19; formalize [1] - 3039:24 3264:14; 3266:17; 3309:21 fuller [2] - 3191:21, 23 3169:6, 9; 3184:9; format [3] - 3093:19; 3251:7 four-point [1] - 3039:13 fully [13] - 3014:16; 3051:18, 3277:16, 20 formed [6] - 3034:15, 18; fourth [2] - 3236:5; 3265:2 20-21; 3062:11; 3069:19; gaseous [7] - 3184:8, 18-20; 3035:10, 14; 3046:10; FOX [6] - 2981:14; 3088:25; 3182:2; 3242:12, 15; 3185:2, 9; 3186:2 3206:21 3166:12; 3168:11; 3243:6; 3265:11; 3325:8 gases [2] - 3164:25; 3184:22 former [3] - 3013:8, 18; 3175:23; 3270:25 fulsome [1] - 3192:5 gather [2] - 3231:1; 3325:1 3218:8 fox [1] - 3166:11 FULSOME [2] - 2985:13; gathered [2] - 3236:21; forms [4] - 3184:17; 3282:14, Fox [6] - 3100:4, 6; 3175:19; 3192:13 3241:4 17; 3285:19 3270:24; 3272:23 function [7] - 3196:6; Gathering [1] - 3063:6 formulated [2] - 3312:15; fragmented [2] - 3053:4; 3204:24; 3281:15; GCOSs [1] - 3007:18 3315:11 3077:24 3297:16; 3298:1, 16; gears [2] - 3146:9; 3153:21 formulating [1] - 3312:21 frame [1] - 3279:24 3299:21 genealogical [1] - 3025:11 formulation [2] - 3195:19; framed [2] - 3145:6; 3226:17 functional [4] - 3124:15; genealogy [1] - 3025:6 3315:8 Framework [13] - 3115:24; 3125:10; 3281:7, 10 GENERAL [15] - 2981:7, 24; FORT [1] - 2976:2 3138:11; 3152:8, 13; functioning [1] - 3286:22 2982:3, 8, 10, 13, 17; Fort [53] - 2976:24; 3210:19; 3211:5, 21, 24; functions [1] - 3267:4 2983:20; 3088:11; 2978:11-13, 15; 2992:8, 3220:9, 11; 3221:5; funding [8] - 2996:12; 3095:24; 3104:13; 12; 2993:4; 2997:3, 5; 3222:19; 3237:22 3047:3, 8; 3175:1, 10, 12; 3123:15; 3172:9; 3222:12; 2998:8, 13, 25; 3005:25; FRAMEWORK [2] - 2983:11; 3220:22 3278:4 3007:5, 11; 3009:24; 3153:6 funds [6] - 2994:8; 3005:7; general [28] - 3015:23; 3011:22; 3012:1, 24; framework [9] - 3116:2; 3031:16; 3068:9; 3074:14; 3037:6; 3039:6; 3051:25; 3015:12; 3017:15, 17, 3133:20; 3137:24; 3138:2; 3083:11 3052:9; 3068:21; 3085:10; 22-23, 25; 3018:11; 3167:10; 3212:1; 3218:19; funny [3] - 3000:9; 3013:13; 3099:11; 3105:10, 16; 3019:11; 3023:12; 3025:2, 3301:3; 3314:14 3161:22 3114:19; 3120:5; 3126:19; 16; 3026:4, 12, 15; frameworks [1] - 3311:7 Fur [1] - 2997:19 3128:2; 3139:18; 3168:13; 3029:17-19, 25; 3074:22; frankly [1] - 3295:24 fur [2] - 3035:7; 3079:18 3194:25; 3198:17; 3077:10; 3078:10; 3081:3; Fraser [1] - 3030:1 FURTHER [2] - 2980:9; 3207:22; 3211:23; 3121:10; 3298:9; 3323:3 Fred [1] - 3030:1 2989:20 3223:12, 15; 3240:25; forth [3] - 3045:24; 3135:24; free [1] - 3068:1 furthermore [5] - 3001:3; 3241:23; 3260:11; 3327:8 freely [1] - 3030:13 3003:23; 3011:3; 3033:14; 3287:14; 3310:15; 3323:17 Fortna [26] - 2990:19, 21, 25; French [2] - 3003:14; 3072:23 General [9] - 2978:8, 23; 2991:4; 3020:5; 3026:18, 3153:17 future [23] - 3112:21; 3040:11; 3218:25; 3219:2; 23; 3027:16; 3033:21; frequently [2] - 3177:3; 3116:18; 3130:22; 3222:2; 3224:14; 3238:12; 3056:10, 15; 3057:24; 3301:18 3142:14; 3149:1; 3205:14; 3239:3 3059:18; 3060:24; Friday [3] - 3120:25; 3216:1; 3217:3, 9, 11, 14, General's [1] - 3237:10 3067:15, 20; 3070:16; 3121:22; 3263:19 21, 25; 3270:4, 7; 3273:19; generalists [1] - 3195:4 3071:6, 16; 3073:5, 19; friend [8] - 3065:12, 14; 3280:5, 18; 3281:5, 15; generally [9] - 3020:14; 3074:4; 3080:9; 3082:22; 3066:2; 3107:25; 3110:1; 3291:7 3038:3; 3114:15; 3129:11; 3085:25; 3087:8 3113:16; 3214:18; 3290:6 Future [4] - 3247:20; 3273:9; 3173:21; 3254:1; 3259:14, FORTNA [13] - 2980:14, 16; friend's [1] - 3130:21 3274:6 17; 3317:21 2983:4; 2990:15; 2991:7; friends [5] - 3004:5; 3066:18; FUTURE [2] - 2984:6; 3248:9 generate [2] - 3230:11; 3057:15; 3068:2; 3074:11; 3094:15, 22; 3122:10 3269:1 3080:11; 3082:24; 3086:2; FROM [10] - 2983:8, 18; generated [1] - 3008:22 3087:24 2985:5, 9, 19; 3119:3; generations [1] - 3112:21 Fortna's [1] - 3087:21 3177:16; 3178:9; 3201:16; gentleman [1] - 3058:6

Realtime Connection - the Realtime EXPERTS - [email protected] 20 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

gentlemen [1] - 3086:7 3085:1, 15; 3113:25 3164:25; 3165:20, 25; 3319:19; 3320:3; 3322:9, Gentlemen [5] - 3096:12; government [26] - 3035:15, 3166:6, 13, 23; 3167:15; 25 3100:25; 3102:14; 3103:8; 18, 24; 3036:4; 3037:2, 5; 3168:5, 16, 19; 3169:6, 9 guessing [2] - 3143:17, 19 3193:5 3039:11; 3044:9, 14; GREG [2] - 2981:17; 3089:7 guidance [3] - 3051:25; Geological [2] - 3101:16, 21 3046:16; 3047:25; 3048:2, Greg [1] - 3099:13 3137:25; 3138:2 Geologist [1] - 3099:14 14; 3050:12, 14, 16; grew [1] - 3004:11 Guide [1] - 3143:21 geotechnical [1] - 3101:22 3051:10; 3052:18; Grolosky [1] - 3058:22 GUIDELINE [2] - 2983:10; Gertie [1] - 3032:1 3054:24; 3082:20; 3083:6, ground [10] - 3037:8, 13; 3153:1 Gill [1] - 2979:16 12; 3085:18; 3254:9 3074:15; 3078:1; 3079:24; guideline [2] - 3144:1; given [19] - 3067:13; 3085:5; GOVERNMENT [3] - 3081:2; 3082:4; 3246:24; 3160:24 3087:5; 3092:11, 17, 19; 2976:12; 2983:14; 3162:19 3249:22; 3323:2 Guidelines [2] - 3099:6; 3107:25; 3114:9; 3117:21; Government [41] - 3007:12; ground-truthing [1] - 3161:24 3118:4; 3130:13; 3181:25; 3012:17; 3034:9; 3037:20, 3074:15 guidelines [8] - 3052:8; 3197:22; 3201:6; 3240:6, 23; 3038:2, 4, 12-13, 24; grounded [1] - 2999:14 3054:2; 3084:4; 3235:20; 22; 3320:10; 3321:16; 3039:25; 3042:4; 3043:10; grounds [3] - 3126:21, 23; 3320:20, 24; 3321:1, 5 3322:9 3044:1, 7; 3048:4, 12; 3279:21 guides [1] - 3322:3 Gladue [1] - 3028:24 3052:18; 3081:14; groundwater [3] - 3099:16; guys [1] - 3020:1 Gladys [1] - 2977:15 3082:14; 3083:1, 18; 3101:19; 3265:4 glasses [1] - 3183:11 3132:14; 3138:19; 3139:4; group [15] - 3050:23; 3096:5; H glean [1] - 2987:17 3141:17; 3147:23; 3148:2, 3161:2, 9; 3175:8; global [1] - 3217:7 11, 23; 3154:6; 3162:4, 13; 3194:10; 3200:4, 7; habitat [84] - 3097:15; globe [1] - 3185:10 3163:11; 3164:1; 3167:9, 3223:9; 3234:9; 3254:5, 9; 14, 19 3106:8, 10, 23, 25; Globe [1] - 3290:8 3255:3; 3265:9; 3299:15 Government's [1] - 3021:24 3107:11; 3108:14, 21, goal [3] - 3000:1; 3161:23; Group [1] - 3299:14 24-25; 3109:1, 8, 21; 3325:10 government's [1] - 3141:23 group's [1] - 3029:7 government-to- 3111:10; 3112:9; 3119:12; goals [2] - 3112:18; 3282:7 groups [14] - 2978:19; government [2] - 3044:9, 3120:1; 3124:2, 10; GOING [2] - 2986:8; 3289:14 2991:22; 2993:3, 6; 14 3125:9; 3126:10-12, 16, Gold [1] - 3040:4 2994:9, 20, 22; 2996:12; governments [9] - 3035:14; 25; 3127:1, 24; 3128:3; Golder [28] - 2996:20; 3036:3; 3084:6; 3094:9; 3133:2, 19; 3135:4; 2999:4, 7; 3000:3, 11, 17, 3040:8; 3043:19; 3051:18; 3095:13; 3255:7; 3287:19 3138:7; 3141:25; 3142:14; 20; 3002:1, 9, 20; 3006:2, 3052:3; 3081:14; 3084:14; GROUPS [11] - 2980:5, 10, 3143:13; 3145:1; 3146:5; 9, 18; 3008:2, 5, 9, 16, 18; 3085:20; 3158:3 12, 18, 22; 2981:3; 3147:2, 25; 3148:17; 3009:10; 3011:10; 3012:9; Governors [1] - 3037:3 2988:12; 2989:21; 3155:2; 3203:2, 18; 3030:4; 3031:5; 3032:25; graduation [1] - 3080:2 2990:13; 3055:22; 3073:25 3206:5; 3207:13, 21; 3033:6; 3213:13; 3214:2, grammar [1] - 2995:2 growing [1] - 3004:5 3208:1, 5, 9, 22-23; 14 Grand [1] - 3043:7 growth [3] - 3124:14; 3209:2, 4, 6, 9, 12, 22, 24; grandfather [1] - 3003:11 3134:21; 3224:24 Golder's [1] - 3018:7 3211:12, 16; 3212:3; Grant [4] - 3003:25; 3028:9, guaranteed [2] - 3286:17 Golosky [2] - 3028:9, 15 3221:17; 3231:3; 3232:5, 15; 3032:8 Guertin [2] - 3032:14; Goodjohn [3] - 3033:2, 10 8-9, 11; 3233:1, 8, 12; graphics [1] - 3036:6 3062:14 Goodon [1] - 3040:17 3236:14; 3278:22; GRAPHS [2] - 2985:9; guess [61] - 3006:22; 3010:5; goodwill [1] - 3085:19 3282:17; 3284:7; 3288:3, 3178:8 3011:11; 3012:15; Googleable [1] - 2993:10 5, 18; 3295:2, 11; 3296:2; graphs [1] - 3178:1 3026:21; 3058:25; GORRIE [32] - 2982:3, 8; 3300:19; 3305:1; 3306:3; grateful [1] - 3262:10 3066:17; 3067:12; 3068:2; 3104:14, 19; 3105:2; 3324:14 grave [2] - 3005:3; 3015:22 3069:11, 21; 3074:25; 3107:15; 3108:7; 3109:16; habitat" [1] - 3296:14 grayling [4] - 3242:14; 3075:16; 3080:2; 3098:18; 3110:6; 3113:21; 3115:13, habitats [24] - 3124:11, 3243:3, 6, 9 3116:17; 3122:16; 18; 3118:23; 3119:6; 13-14, 21, 25; 3127:20; Great [1] - 3034:20 3131:19; 3132:10; 3120:12; 3123:16; 3128:2, 25; 3129:3, 11; great [13] - 2990:7; 2991:8; 3153:23; 3161:3, 12; 3130:24; 3131:3, 13; 3136:17; 3203:13; 3009:16; 3017:15, 24; 3187:15; 3189:16; 3132:1; 3141:4; 3152:6, 3204:23, 25; 3205:1; 3030:19; 3031:11; 3194:24; 3195:4; 3196:12, 13, 23; 3153:4, 9; 3162:10, 3281:6, 10, 14; 3282:12; 3124:18; 3125:4; 3144:20; 17; 3200:23; 3216:2; 21; 3171:24; 3172:4 3302:15, 20; 3303:9 3153:21; 3154:15; 3160:11 3224:10; 3227:22; Gorrie [10] - 2979:1, 6, 9, 11; HADD [3] - 3206:7; 3209:18, greater [6] - 3134:3; 3176:6; 3240:25; 3245:1, 24; 3104:11; 3105:3; 3109:14; 20 3190:14; 3205:20; 3231:9; 3246:4; 3259:24; 3269:17, 3123:13; 3141:1; 3153:10 half [6] - 3019:5, 7; 3027:23; 3285:11 25; 3280:17; 3286:17; governance [2] - 3036:19; 3045:5; 3070:10; 3262:9 greatest [2] - 3201:2; 3208:7 3293:8; 3295:19, 21; 3080:20 halfway [1] - 3163:13 Green [2] - 3077:6; 3125:20 3297:13; 3298:3; 3301:7; governing [11] - 3036:24; Hamelin [1] - 3058:18 green [1] - 3024:6 3304:3; 3313:4; 3314:22; 3037:1, 7; 3038:1; 3039:3; hampered [1] - 3251:13 3049:24; 3050:12; 3052:1; greenhouse [13] - 3163:1; 3316:14; 3318:10, 15, 17;

Realtime Connection - the Realtime EXPERTS - [email protected] 21 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

hand [8] - 3010:22; 3020:17; Hebert [3] - 3199:16; 3202:8, 2992:7, 9, 12, 25; 2995:19; hydraulic [2] - 3264:8, 15 3113:23; 3165:5; 3171:25; 24 2996:23; 2999:14; 3000:3, Hydro [1] - 3099:14 3195:23; 3293:1 held [2] - 3030:12; 3040:17 6; 3006:3; 3015:21; hydrocarbons [1] - 3276:11 handed [2] - 3239:10; Held [1] - 2976:23 3018:7; 3024:12, 20; Hydrocarbons [2] - 3187:21; 3247:11 help [9] - 2991:9; 2997:8; 3030:24; 3032:2; 3074:10; 3199:21 Hannon [3] - 3109:18; 3041:2; 3165:12; 3168:4, 3218:7 HYDROCARBONS [2] - 3110:7, 21 17; 3197:24; 3198:11; historically [2] - 3029:13; 2983:17; 3201:15 happy [5] - 3100:18; 3228:25 3217:23 hydrogeology [1] - 3101:17 3103:19; 3130:25; helped [5] - 2992:4; 3024:13, History [3] - 2991:12, 14, 16 Hydrology [1] - 3099:1 3169:22; 3226:3 18; 3172:15 history [18] - 2991:19; hypothesis [3] - 3251:2; hard [16] - 2988:24; 3023:7; helpful [12] - 3021:18; 2993:16, 20; 3000:4, 12, 3267:9, 15 3060:1; 3070:24; 3071:4, 3040:1; 3110:3, 14; 25; 3001:1, 17; 3002:21; 14; 3072:4; 3073:12; 3122:20; 3148:10; 3003:21; 3007:21; I 3086:3; 3182:17; 3213:19; 3175:15; 3188:16; 3021:16; 3024:8; 3030:8; 3244:13; 3245:14; 3195:15; 3318:22; 3319:20 3078:24; 3116:15 3274:11; 3293:4 helping [2] - 3018:4; 3019:3 hmm [5] - 3058:5; 3060:9; i.e [1] - 3251:3 hare [1] - 3107:10 helpless [1] - 3016:20 3063:23; 3190:15; 3248:15 idea [9] - 3070:3; 3071:19; harmful [1] - 3209:20 hence [2] - 3270:11 hold [2] - 2991:15; 3183:10 3092:16; 3116:12, 19; 3156:13; 3172:24; Harry [1] - 3046:21 Henry [1] - 3030:17 holders [1] - 3030:18 3231:15; 3254:8 harvest [3] - 3228:10; herds [1] - 3146:16 holistic [3] - 3249:1, 14; identifiable [2] - 3084:16, 22 3286:12; 3287:12 hereby [1] - 3327:5 3250:17 identification [4] - 3118:25; harvester [1] - 3039:16 herein [1] - 3327:8 holistically [1] - 3249:25 3152:11, 19; 3156:6 harvesters [3] - 3015:25; hereunto [1] - 3327:13 home [2] - 3013:8; 3086:17 identified [23] - 3001:7; 3016:25; 3063:3 Heritage [1] - 2991:12 homeland [4] - 3022:6; 3006:10; 3011:8, 10-11; harvesting [7] - 3015:18; Hermansen [4] - 3001:21; 3036:9; 3076:25 3066:7; 3094:18; 3101:14; 3039:14; 3040:15, 24; 3003:1, 24 homestead [1] - 3032:12 3119:19; 3134:3; 3136:11; 3043:24; 3083:19; 3280:19 Hermansen's [3] - 3027:10; homesteaded [1] - 3003:16 3146:20; 3147:3, 6; HAS [4] - 2985:9; 2986:3; 3064:12; 3086:24 honest [2] - 3058:25; 3148:19; 3243:12; 3178:8; 3261:4 hi [1] - 3104:19 3061:12 3244:23; 3264:19; hate [2] - 3044:20; 3110:1 hidden [1] - 3085:24 honestly [1] - 3161:22 3266:17; 3304:12; 3305:6 Head [1] - 3098:19 hierarchy [5] - 3133:15; hope [8] - 3014:13; 3033:11; identifies [1] - 3023:15 head [4] - 3018:3; 3036:4; 3134:9; 3150:8; 3231:19 3058:19; 3220:5; 3268:13; Identify [1] - 3294:20 3097:11; 3111:12 high [10] - 3054:20; 3109:9; 3286:16; 3294:2; 3318:2 identify [11] - 3034:23; headed [1] - 3163:24 3114:20; 3125:15, 17; hopes [1] - 3320:6 3057:19, 25; 3113:1, 3; heading [2] - 3114:12; 3126:3, 7; 3136:8; hoping [7] - 2993:22; 3264:14; 3294:24; 3239:16 3142:12; 3216:14 3060:11; 3067:2, 14; 3295:15; 3296:11, 16, 19 healthy [1] - 3281:19 high-flow [1] - 3216:14 3199:3, 7 IF [2] - 2985:13; 3192:12 hear [5] - 3093:5; 3121:24; high-level [1] - 3114:20 hospital [1] - 3010:9 IFN [3] - 2983:22; 3219:18; 3130:17; 3174:11, 17 higher [9] - 3112:8; 3183:7, hot [2] - 3184:22; 3199:18 3238:2 heard [11] - 2990:6; 3007:19; 9, 18; 3185:14; 3187:20; hour [2] - 3045:5; 3262:9 ignored [1] - 3007:16 3019:17; 3053:15; 3073:9; 3188:1; 3214:1; 3235:16 House [1] - 3044:11 II [7] - 3210:18; 3211:22; 3081:11; 3130:16; highest [1] - 3183:21 house [4] - 3269:15, 25; 3220:14, 23; 3221:4, 10, 3234:23; 3312:17; 3315:6; highlights [1] - 2992:1 3270:10; 3276:23 21 3317:1 highly [1] - 3171:4 housekeeping [4] - 2987:24; ill [2] - 3014:4; 3098:7 hearing [21] - 2992:11; Hills [1] - 3298:9 2988:2; 3086:14; 3263:14 imagine [1] - 3228:24 3013:5; 3014:18, 24; himself [2] - 3014:4; 3058:17 However..." [1] - 3144:18 immediate [1] - 3103:12 3096:19; 3101:10; hindered [1] - 3241:15 HU [1] - 3108:22 immediately [4] - 3055:9; 3115:20, 23; 3116:5; hinged [1] - 3024:24 huddle [1] - 3166:9 3097:24; 3098:24; 3099:5 3117:10; 3121:21; hints [1] - 2996:10 Hudson's [1] - 3035:16 Impact [6] - 3182:6; 3196:3; 3163:19; 3218:12; 3220:9; hire [3] - 3016:13; 3018:22; huge [2] - 3276:11; 3314:5 3213:12; 3215:5; 3234:10; 3263:7, 19; 3289:24; 3053:22 human [1] - 3235:20 3291:3; 3317:1; 3326:8 3275:9 hired [3] - 3010:22; 3024:5 hundred [3] - 3035:7; 3079:5 Hearing [1] - 2977:12 impact [21] - 3015:17; historian [3] - 3025:21; Hunt [1] - 3041:2 3040:5; 3061:16; 3062:8, HEARING [4] - 2976:15; 3027:3; 3061:14 hunted [1] - 2998:10 2982:15, 19 18; 3069:14, 19; 3101:8; historic [12] - 2995:25; Hunting [1] - 3063:5 3155:5; 3195:9; 3205:3; hearings [1] - 3220:17 3004:17, 20-21; 3007:5, hunting [7] - 3003:8; 3009:7; 3208:7; 3209:24; 3210:24; HEATHER [2] - 2981:14; 22; 3015:22; 3024:23, 25; 3040:17; 3279:13, 21; 3215:2, 23; 3224:19; 3089:1 3025:22; 3027:8; 3029:9 3280:14; 3283:6 3228:21; 3242:23; 3243:5; Heather [2] - 3099:20; Historic [1] - 2995:23 HUs [5] - 3106:6, 21; 3107:9; 3184:4 3260:9 historical [21] - 2991:24; 3108:22, 24

Realtime Connection - the Realtime EXPERTS - [email protected] 22 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

impacted [8] - 3012:20; 16; 3258:1; 3303:8; incorrect [1] - 3181:7 inform [7] - 3155:16; 3157:7; 3028:1; 3077:14, 19, 22; 3313:3, 14; 3315:14; increase [8] - 3111:12; 3193:15; 3197:25; 3078:25; 3079:19; 3298:20 3316:8; 3317:15 3164:20; 3171:5, 10, 18; 3198:11, 20; 3274:5 impacting [1] - 3062:15 important" [1] - 3239:17 3177:22; 3190:2 information [102] - 2987:16; impacts [64] - 2995:16; impossible [2] - 3142:4; INCREASED [2] - 2985:5; 2995:9, 20, 22; 2997:8; 2997:9; 3006:7; 3014:22; 3168:25 3177:17 2998:13; 3005:9, 19; 3018:23; 3062:11, 23; impression [1] - 3059:2 increased [9] - 3165:7; 3006:1, 4; 3008:10; 3063:17; 3080:3; 3100:15; improve [6] - 3267:3; 3176:6; 3177:10; 3183:24; 3009:16; 3010:10; 3105:6; 3108:9, 11; 3268:14, 18; 3292:15; 3191:8; 3210:20; 3240:19; 3028:17; 3030:16, 20; 3109:7; 3113:1; 3119:9, 3316:15, 22 3245:7; 3266:25 3031:4, 12; 3033:9, 17; 12; 3120:2, 7; 3126:1; improvement [1] - 3315:18 increases [1] - 3201:2 3056:25; 3061:11; 3067:1, 3134:7, 20; 3139:20, 25; improving [1] - 3266:19 increasing [4] - 3165:11; 6, 8-9; 3072:17; 3074:17; 3140:11, 19; 3148:6; IN [15] - 2976:1, 3, 5-6, 8-9; 3170:6; 3200:25; 3216:21 3090:9; 3091:1, 13; 3154:23; 3169:13; 3170:4, 2983:17; 2985:5, 8, 16; indeed [2] - 3122:6; 3291:6 3093:2, 5, 9; 3096:6; 6; 3171:14; 3173:20; 3177:17; 3178:8; 3201:15; independently [3] - 3265:12, 3097:3; 3101:9; 3109:4; 3198:7; 3204:5; 3205:19, 3226:8; 3327:13 15 3110:4; 3122:14; 3125:3; 22; 3210:1; 3213:2; in-house [1] - 3276:23 INDEX [7] - 2980:1; 2981:1; 3139:2; 3141:12; 3148:10; 3215:3; 3218:5; 3220:3; in-stream [1] - 3218:18 2982:1; 2983:1; 2984:1; 3149:22; 3151:20; 3157:7; 3221:18; 3231:9; 3234:14; In-Stream [1] - 3225:11 2985:1; 2986:1 3168:9; 3169:14; 3171:13; 3237:12; 3243:1; 3245:8; inability [6] - 3020:15; Indian [5] - 3046:25; 3048:7; 3173:5, 11; 3174:11; 3255:18; 3284:6; 3285:16; 3164:6, 11, 13-14; 3252:5 3081:19; 3084:17 3175:14; 3176:9, 11; 3292:19; 3302:14, 19; Inc [1] - 2979:15 Indians [5] - 3048:5, 8-9, 13 3177:4; 3178:15; 3182:5; 3303:3, 9, 20, 24; 3304:1; incidents [1] - 3140:5 indicate [8] - 3074:7; 3096:6; 3191:19; 3194:21; 3306:2; 3318:17; 3319:11, 3195:18, 23; 3197:21; INCLUDE [2] - 2986:5; 3097:7; 3191:6; 3202:4; 20 3261:7 3251:12; 3290:16; 3298:18 3198:10; 3202:13; 3204:9; Impacts [1] - 3169:24 3206:13; 3228:15, 17; include [20] - 2992:1; indicated [10] - 2990:4; IMPACTS [2] - 2983:16; 3008:10; 3028:4; 3031:14; 3091:24; 3095:12; 3116:5; 3230:9, 11, 22; 3231:1; 3172:7 3046:25; 3142:19; 3166:6, 3122:23; 3138:4; 3149:11; 3236:16, 21; 3240:3, 5; imperative [1] - 3250:3 14; 3168:1; 3171:21; 3298:22; 3299:17 3241:4; 3242:18; 3258:23; 3267:12; 3274:2; 3286:11; Imperial [2] - 3203:17; 3183:2; 3203:11; 3212:12; indicates [7] - 3092:2; 3220:17 3225:8; 3227:16; 3259:11; 3136:6; 3143:12; 3157:4; 3289:4; 3291:10; 3293:3; implement [10] - 3221:4; 3260:25; 3271:20; 3164:23; 3216:3; 3236:17 3299:10, 15, 17; 3312:10, 20; 3315:7; 3318:18; 3245:14; 3294:20, 24; 3284:17; 3314:18 indicating [1] - 3217:12 3323:25; 3324:21; 3325:2, 3296:11, 20; 3297:15, 24; included [28] - 3001:18; indication [1] - 3217:2 14 3307:20; 3314:12 3003:22; 3004:22; 3005:6, indirect [3] - 3207:13; INFORMATION [2] - Implementation [2] - 3314:4, 24; 3008:3, 14; 3015:7; 3208:4; 3300:19 2983:14; 3162:18 18 3017:18, 20, 24-25; individual [8] - 2989:1; Information [7] - 2995:7; implementation [3] - 3018:1, 5; 3020:4, 6, 18; 3052:21; 3150:24; 3153:25; 3154:5, 11; 3227:12; 3229:10; 3240:16 3027:6; 3028:12, 16, 24; 3155:23; 3203:23; 3157:16; 3162:13; 3195:20 implemented [9] - 3169:11; 3030:21; 3091:1; 3142:23; 3206:22; 3259:12; 3268:5 informed [8] - 3022:23; 3212:7; 3220:23; 3245:5; 3208:10; 3209:14; 3221:14 individualized [1] - 3052:20 3094:8; 3196:20; 3243:14; 3246:21; 3247:3; 3292:14; includes [5] - 2998:11; individually [1] - 3053:2 3248:13; 3252:14; 3303:5; 3325:9 3152:3; 3219:4; 3237:7; INDIVIDUALS [11] - 2980:5, 3319:10; 3320:4 implementing [3] - 3036:3; 3271:24 10, 12, 17, 22; 2981:3; informing [1] - 3156:19 3246:11; 3311:11 including [20] - 2992:17; 2988:11; 2989:21; informs [2] - 3234:13, 16 importance [1] - 3255:2 2993:3; 3001:1; 3015:11, 2990:12; 3055:22; 3073:25 initial [3] - 3092:20; 3275:11; important [55] - 3001:16; 16; 3016:2; 3042:5; individuals [6] - 2978:19; 3319:5 3002:7, 17, 19; 3003:12, 3043:11; 3058:4, 17; 3022:13; 3052:16; 21; 3004:17; 3005:1, 17; 3065:24; 3074:15; 3075:24; 3094:18; 3173:13 initiate [2] - 3014:7; 3085:21 initiated [2] - 3041:7; 3007:20, 25; 3017:17; 3114:10; 3124:20; Industrial [1] - 3143:3 3324:25 3030:16; 3035:5; 3040:9; 3126:21; 3203:14, 21; industrial [1] - 3324:8 3073:16; 3087:1; 3125:8; initiative [2] - 3155:3; 3231:19; 3240:5; 3250:23 INDUSTRY [2] - 2985:5; 3174:17 3134:6, 19; 3135:6, 19; inclusion [1] - 3043:14 3177:17 3136:17; 3137:1; 3165:9; initiatives [4] - 2993:2; income [1] - 3009:8 industry [16] - 3019:9; 3257:3; 3313:17; 3314:2 3183:25; 3195:13; incompatible [1] - 3126:9 3040:2; 3043:2, 11, 19-20; inorganic [1] - 3098:15 3196:13; 3200:19; 3202:6; incomplete [3] - 3241:10; 3053:1; 3085:20; 3177:9; 3205:7, 9, 12, 25; 3206:2, 3242:3, 7 3210:4; 3220:3, 21; Inorganic [1] - 3179:25 19; 3218:8; 3219:19; incorporate [1] - 3240:14 3224:16, 25; 3259:16; input [4] - 3077:25; 3193:6; 3239:24; 3249:25; 3252:1, incorporated [3] - 3247:8; 3260:20 3269:3 12, 14; 3254:6, 21; 3257:7, inputs [5] - 3213:20; 3300:8, 12 influence [1] - 3236:10

Realtime Connection - the Realtime EXPERTS - [email protected] 23 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

3214:20, 22; 3217:9; 3314:19 involvement [2] - 3054:25; 8, 17, 21; 3063:11, 21; 3218:4 Interim [1] - 3220:9 3077:25 3101:5; 3108:4; 3109:3, 5; inquire [3] - 3091:3; 3198:4; internally [3] - 3039:24; IRCs [1] - 3068:6 3186:5; 3203:17; 3218:12; 3289:10 3067:5; 3081:13 ironic [1] - 3000:24 3220:8 inquiries [2] - 3194:2; 3198:1 international [2] - 3091:16; irrespective [1] - 3308:6 jackpine [2] - 3128:25; inside [1] - 3230:24 3141:18 irreversible [5] - 3134:22; 3129:11 inspect [1] - 3322:7 International [2] - 3289:20; 3135:8, 18; 3224:20; JACKPINE [1] - 2976:1 inspected [1] - 3321:23 3290:2 3241:1 Jamault [1] - 2977:8 inspections [3] - 3321:19; internationally [1] - 3037:22 IS [6] - 2986:3, 6, 8; 3261:5, James [2] - 2978:9; 3030:2 3323:4, 12 internet [1] - 3153:19 9; 3289:13 Jane [1] - 3179:18 installed [2] - 3247:3, 5 interpret [2] - 3197:12, 14 island [1] - 3004:9 Janet [1] - 3179:17 instance [6] - 3114:23; interpretation [2] - 3260:5; Island [5] - 2976:23; JANOWICZ [6] - 2981:9; 3196:9; 3243:9; 3309:17; 3320:2 3009:25; 3010:1, 3; 3011:5 3088:16; 3234:3; 3237:7; 3312:18; 3314:17 interpreted [2] - 3258:15; isolate [1] - 3233:3 3244:8; 3287:14 instead [3] - 2999:10, 13; 3259:7 isolated [4] - 3082:6; Janowicz [8] - 3102:19; 3012:15 interpretive [1] - 3259:3 3233:16; 3234:24; 3235:4 3233:25; 3238:18; Institute [5] - 3038:7; interrelated [1] - 3026:16 isolation [4] - 3055:4; 3239:14; 3244:5, 7; 3098:20; 3099:15; interrupt [2] - 3110:1; 3141:2 3227:18, 20; 3284:20 3287:13 3186:23; 3272:10 interval [1] - 3268:15 issue [29] - 3037:12; 3042:7; Jans [1] - 3079:14 institutional [1] - 3252:5 INTERVENERS [1] - 2978:5 3051:2; 3054:22; 3064:17; January [6] - 3042:17; INSTREAM [2] - 2983:22; interview [13] - 3003:23; 3066:7; 3083:8; 3094:17, 3046:20; 3053:18; 3238:1 3009:20; 3011:14; 3028:6, 23; 3095:10; 3105:13; 3157:23; 3167:16; 3220:23 insufficient [3] - 3133:8, 12; 16, 18, 24-25; 3029:15; 3108:9; 3112:15; 3124:12; Jean [1] - 2977:20 3147:24 3031:24; 3032:6, 8, 14 3139:17; 3149:4; 3175:6; Jean-Pierre [1] - 2977:20 Integrated [4] - 3097:16; interviewed [3] - 3004:7; 3194:5; 3200:6, 8; Jeerakathil [1] - 2978:13 3098:19; 3099:24; 3174:24 3029:25; 3030:17 3207:17; 3210:14, 16; Jefferson [5] - 2989:18; integrated [5] - 3250:8; interviews [12] - 3004:13; 3212:18, 20; 3213:6; 3017:3, 5; 3067:17, 21 3259:23; 3311:6, 9; 3014:20; 3015:14; 3024:2, 3228:8; 3229:5; 3313:24 Jefferson's [1] - 3068:25 3324:25 16-17; 3028:5, 8, 14, 22; issued [3] - 3138:15; 3139:4, Jenny [4] - 2978:7; 3262:24; integration [2] - 3250:18; 3030:12 16 3278:13; 3325:23 3281:18 intimately [1] - 3222:20 issues [30] - 3015:17; Jill [1] - 2977:7 integrity [1] - 3298:10 introduce [5] - 2990:18; 3016:14; 3038:22; 3042:5, Jim [1] - 2977:3 intend [4] - 3066:19, 21; 3065:17; 3090:16; 3096:4; 8; 3059:21; 3068:23; job [6] - 3010:23; 3015:1; 3152:9; 3206:9 3097:5 3083:24; 3086:14; 3093:5; 3025:21; 3030:8; 3196:2; intended [3] - 3114:3, 10; introduction [3] - 3096:1; 3094:11; 3098:5; 3115:3; 3269:12 3258:10 3097:8; 3292:8 3122:17; 3163:14; jobs [1] - 3054:14 intending [1] - 3094:25 INTRODUCTION [4] - 3172:16; 3195:3; 3198:1; John [2] - 2978:15; 3032:8 intends [1] - 3065:17 2981:24; 2983:7; 3095:24; 3227:3; 3252:7; 3255:4; Johnny [1] - 3003:25 intense [1] - 3217:14 3107:21 3257:8; 3276:2, 7; Johnston [2] - 2978:15; intent [4] - 3115:8; 3130:21; Inuit [3] - 3047:1; 3048:12, 3277:12; 3286:8; 3315:10 2979:8 3166:1, 16 15 IT [4] - 2986:3, 6; 3261:5, 8 join [1] - 3246:17 intention [3] - 3066:3; invasion [1] - 3026:9 it.. [1] - 3232:10 Joint [9] - 2977:7; 3098:13; 3153:20; 3228:6 inventory [1] - 3199:9 item [6] - 3022:25; 3062:5, 3099:17, 23; 3174:23; intents [1] - 3225:7 Inventory [2] - 3175:22 25; 3063:20; 3072:6; 3203:10; 3220:16; 3314:4, interactions [2] - 3036:5; invertebrates [1] - 3215:4 3160:22 17 3265:4 investigated [2] - 2995:15; items [3] - 3019:2; 3071:23; JOINT [5] - 2976:1; 2977:2; interchangeably [1] - 3141:15 3138:4 2986:4; 3261:6 3134:15 investigations [1] - 3323:13 itself [13] - 3022:7; 3039:22; joint [15] - 3043:8; 3174:17; interest [7] - 3011:19; invite [4] - 3090:15; 3092:23; 3041:4; 3051:11; 3122:7; 3244:24; 3245:13, 18, 23; 3027:13; 3042:1; 3080:8; 3096:3; 3108:5 3146:15; 3172:23; 3246:9; 3259:10, 19; 3188:18; 3213:3; 3220:3; 3094:19; 3144:15; 3303:2 invited [1] - 3094:15 3260:4, 17, 24 3282:9; 3290:12; 3316:20 interested [3] - 3002:4; invoke [1] - 3210:6 JOSLYN [2] - 2983:8; 3119:3 IV [3] - 3272:24; 3273:3, 14 3261:13; 3322:1 involved [19] - 2988:25; Joslyn [2] - 3115:20; interesting [5] - 3023:5, 9; 2993:1; 3029:7; 3033:8; 3157:23 3027:22; 3189:15; 3209:8 3044:23; 3045:11; 3055:3; J journal [1] - 3201:8 interestingly [2] - 3009:10; 3077:19; 3081:6; 3105:16; Journal [1] - 3091:10 3190:20 3113:24; 3146:11; JPME [3] - 3124:1; 3133:1; J.L [1] - 3186:20 interests [8] - 3000:19; 3169:20; 3174:22; 3175:9; 3247:8 Jackpine [17] - 2989:11; 3003:3; 3008:1; 3035:21; 3180:15; 3200:4; 3306:8; [1] 2998:11; 3060:17; 3062:3, JRP - 3139:16 3055:5; 3078:7; 3313:9; 3323:18 judging [1] - 3195:6

Realtime Connection - the Realtime EXPERTS - [email protected] 24 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

Julian [2] - 3028:24 3259:20; 3261:15; 3230:2, 14, 18; 3232:24; 3308:19 July [1] - 3247:2 3287:21; 3320:15 3233:1; 3278:24; 3285:7, LAND [2] - 2983:6; 3107:21 Jumbo [3] - 3018:19; kinds [1] - 3323:17 13, 15; 3286:1, 14, 16, 25; Land [5] - 2992:15; 3005:8; 3019:17, 20 Kirk [11] - 2978:8; 3178:25; 3287:3, 16, 21; 3304:5, 12; 3035:17; 3038:6; 3074:14 jump [1] - 3212:17 3179:17; 3186:7; 3187:25; 3305:1, 5; 3319:21, 24 landed [1] - 3140:16 jumping [2] - 3007:8; 3014:2 3318:20; 3319:9, 16 LAKE [2] - 2983:18; 3201:16 landing [2] - 3140:5, 19 juncture [2] - 3320:10, 15 Kirkland [2] - 3103:5, 9 Lake [37] - 3004:25; 3005:1, lands [7] - 3043:24; 3047:7; jurisdiction [15] - 3036:17; KIRKLAND [3] - 2981:22; 5, 15; 3033:18; 3057:17, 3048:5; 3052:23; 3076:18; 3037:13, 17; 3038:17, 20; 3089:16; 3103:6 22; 3058:4; 3063:9, 21; 3147:14, 21 3044:2, 4, 7; 3048:4; knowing [2] - 3069:9; 3318:3 3064:5, 11; 3077:7; landscape [11] - 3000:5; 3051:2; 3052:2; 3084:17; Knowledge [4] - 2993:19, 3079:11; 3180:2; 3186:14, 3111:24; 3125:9; 3127:9, 3206:4 24; 2995:13; 2996:2 17; 3199:22; 3203:19; 18, 23; 3128:23; 3129:6, 8, jurisdictions [1] - 3038:15 knowledge [22] - 2996:24; 3226:23; 3228:21; 10; 3245:9 jury's [1] - 3229:18 2997:3; 3000:14; 3008:15; 3231:15; 3235:15; 3280:2, landscapes [1] - 3000:19 Justice [3] - 2978:23; 3036:1; 3039:6; 3054:19; 15, 18; 3281:24; 3282:4, 8; language [3] - 3003:14; 3046:23; 3047:5 3072:18; 3090:9; 3129:17; 3284:5; 3298:10; 3299:8, 3035:11 3141:16; 3181:19; 14; 3300:3, 11; 3302:13; large [12] - 3020:21; 3025:7; K 3191:15; 3199:5; 3210:11; 3304:20 3040:20; 3227:16; 3229:24; 3252:25; 3253:1; lake's [1] - 3286:11 3229:15; 3232:11; 3240:1; 3266:24; 3303:5; 3323:1 Lakeland [1] - 2992:23 3246:1; 3284:17; 3286:5; Karin [5] - 2978:11; 2979:1; knowledge-based [1] - lakes [23] - 2987:10; 3016:5; 3313:24 3091:6; 3105:5; 3172:12 3266:24 3188:23; 3190:9, 23; large-bodied [2] - 3229:15; Kasperski [4] - 3102:2, 5; knowledgeable [3] - 3191:3, 7; 3215:10; 3286:5 3275:3 3175:10, 12; 3195:2 3231:25; 3235:17; large-scale [1] - 3240:1 [4] KASPERSKI - 2981:19; known [4] - 3003:17; 3278:21; 3279:7, 17; largely [7] - 3061:6, 13; 3089:11; 3275:6; 3289:23 3029:16; 3134:17; 3140:18 3284:9; 3319:13, 17, 24; 3064:9; 3074:24; 3194:17; Katherine [1] - 2979:3 Kolenick [1] - 2978:3 3320:13 3196:21; 3324:17 Kearl [10] - 3005:1; 3105:15, Krista [1] - 2977:16 Lakes [1] - 3063:5 larger [5] - 2998:10; 3025:9; 18; 3136:14; 3203:18; Lambrecht [10] - 2978:8; 3080:25; 3180:16; 3225:1 3220:17; 3238:24; L 2987:5, 8; 3055:13; LARP [1] - 3314:7 3302:13; 3304:20 3087:17; 3089:19; larval [1] - 3187:12 keep [2] - 3073:12; 3281:19 3122:23; 3123:12; laser [1] - 3001:20 keeping [1] - 3322:11 l) [1] - 3030:7 3262:17; 3291:5 last [41] - 3020:2; 3021:11; lab [2] - 3102:3; 3199:6 keeps [1] - 3321:15 LAMBRECHT [37] - 2981:23; 3022:21; 3024:3; 3033:23; lab's [1] - 3181:16 Keith [1] - 2979:6 2987:7, 13, 22; 3055:14; 3042:17; 3050:5; 3063:19; Kellie [1] - 2979:8 labelled [1] - 3026:25 3088:1, 7; 3089:20; 3064:17; 3069:22; Kelly [1] - 3188:25 laboratory [2] - 3182:21; 3090:3; 3093:14, 17; 3075:21; 3083:24; 3084:1; Kelly/Schindler [2] - 3198:19 3094:3; 3095:25; 3100:21; 3085:25; 3087:19; 3107:4; 3183:15; 3189:3 labour [1] - 3078:12 3104:5; 3107:23; 3110:1; 3110:9; 3117:18; 3127:16; Kent [2] - 3246:25; 3253:8 Labrador [1] - 3050:7 3113:10; 3118:15; 3131:14; 3134:12; 3150:6, KENT [4] - 2984:9; 2985:20; Lac [14] - 2992:24; 3003:6, 3121:18; 3122:6, 9; 11, 15; 3159:13; 3170:13; 3256:17; 3262:4 17; 3015:12; 3025:3, 15; 3130:9; 3131:1, 8, 23; 3180:5; 3191:8; 3199:6; KEY [2] - 2983:16; 3172:6 3026:6, 8; 3076:3; 3077:6; 3178:13, 17, 20; 3191:24; 3200:15; 3206:15; key [13] - 2995:9; 3011:9; 3078:5, 21, 25 3192:8; 3226:15, 19; 3207:15; 3208:1; 3213:18; 3016:2; 3023:21; 3030:18; LaCasse [1] - 2977:11 3262:19; 3290:6; 3291:6 3239:9; 3246:21; 3248:2; 3031:6; 3033:14; 3060:15; lack [10] - 3015:23; 3017:8; land [56] - 2991:24; 2995:13, 3249:11; 3266:2 3163:14; 3316:4, 7; 3317:9 3020:15; 3053:14; 20, 25; 2996:4, 10, 24; lastly [2] - 2996:1; 3031:23 keys [1] - 3015:20 3071:17; 3073:8; 3175:2; 2997:2, 10, 17; 2999:1, 15, lasts [1] - 3227:11 kilometre [1] - 3187:3 3236:19; 3248:24; 3251:1 19, 21; 3000:3; 3001:16; late [9] - 3010:6; 3023:2; kilometres [10] - 3183:7, lacking [1] - 3250:11 3003:4; 3005:21; 3009:3, 3031:25; 3033:23; 18-19, 21; 3186:6, 15, 18; Lacorde [1] - 3058:21 8; 3013:16; 3016:7, 11; 3045:15; 3058:17; 3187:10; 3188:24; 3232:5 Ladha [1] - 2979:7 3021:19, 23; 3022:17; 3084:24; 3190:2; 3247:10 3023:18, 22; 3028:11, 23; Kim [1] - 3102:2 Ladies [5] - 3096:12; latest [1] - 3176:24 3029:1, 3; 3030:20; KIM [2] - 2981:19; 3089:11 3100:25; 3102:14; 3103:7; latitude [1] - 3108:1 3031:12; 3037:5, 20; kind [18] - 2994:23; 3008:16; 3193:5 latter [1] - 3293:13 3042:8; 3045:16; 3046:15; 3025:1; 3026:1; 3051:4; lag [2] - 3124:17; 3285:16 launching [1] - 3033:3 3047:24; 3051:10; 3061:25; 3116:17; laid [3] - 3168:24; 3169:1; law [8] - 3308:5, 9-10; 3052:20; 3077:2, 16; 3117:19; 3177:7; 3184:14; 3259:15 3309:24; 3310:8; 3323:16 3084:16; 3134:2; 3147:4, 3195:13; 3214:24; lake [31] - 3029:20; 3057:21; Laws [1] - 3041:1 8, 10, 12, 16; 3307:24; 3238:19; 3255:11; 3227:17, 23; 3228:2, 10; lawyer [7] - 3044:19, 24-25;

Realtime Connection - the Realtime EXPERTS - [email protected] 25 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

3045:11, 18; 3075:13 length [1] - 3212:6 3263:20; 3270:9 3057:2; 3058:1; 3065:24; lawyers [1] - 3278:10 lenticular [3] - 3136:5; limbo [1] - 3044:4 3078:10; 3080:13; 3126:4, lay [1] - 3064:9 3297:6, 21 limitation [1] - 3095:17 8 layman's [1] - 3184:12 Les [2] - 2977:4; 3069:1 limitations [5] - 2995:24; local [19] - 2997:1; 3051:12, layperson's [1] - 3061:13 less [10] - 3008:21; 3026:8; 3123:24; 3124:5; 3140:7 15; 3053:6, 10; 3058:14; lays [1] - 3197:22 3128:3; 3166:10; 3211:17; LIMITED [1] - 2976:2 3071:18; 3077:20; 3078:5; lead [11] - 3096:2; 3109:23; 3270:6, 9; 3276:12, 17 limited [12] - 2996:3; 3081:4; 3082:5, 18; 3110:25; 3171:5, 18; lessen [6] - 3119:18; 3120:9; 2999:19; 3074:18; 3083:5, 10; 3085:6, 12, 22; 3177:22; 3178:18; 3133:12; 3144:24; 3122:16; 3126:16; 3127:8; 3147:18 3194:14; 3202:23; 3240:17 3145:13; 3296:17 3203:15; 3236:17, 20; locally [1] - 3080:6 LEAD [4] - 2985:7, 11; LETTER [6] - 2984:8; 3269:13; 3323:25 Locals [6] - 3056:19; 3064:7; 3177:19; 3178:11 2985:19, 21; 3256:14, 18; limiting [1] - 3167:15 3067:23; 3068:20; Lead [1] - 3102:20 3262:3 limits [5] - 3031:2; 3165:24; 3078:19; 3084:14 leader [2] - 3046:21; 3096:20 letter [21] - 2988:21; 3166:6, 17; 3320:20 located [5] - 3012:25; leaders [4] - 2989:1; 3085:22 3012:10, 21-23; 3029:11; limnology [1] - 3189:11 3110:5; 3144:18; 3186:14; leadership [8] - 3016:24; 3046:22; 3047:1; 3253:6, line [14] - 3000:21; 3001:11; 3274:10 3041:8; 3049:6; 3075:16; 10, 14, 19, 21; 3254:1, 11; 3002:2, 14; 3011:12, 17; locating [1] - 3057:11 3085:15, 23; 3249:1; 3255:20; 3256:12; 3013:19; 3084:1; 3115:14; location [4] - 3135:24; 3251:1 3257:13; 3260:13; 3117:20; 3130:19; 3138:4; 3282:9; 3297:7 leading [2] - 3170:6; 3312:8 3261:16, 23 3159:12, 18; 3162:22 Loche [1] - 3077:9 leads [2] - 3090:15; 3194:14 LETTER'S [2] - 2985:23; lineage [2] - 3001:15; logical [1] - 3117:16 learned [8] - 3003:5, 16; 3256:21 3003:15 logo [1] - 3170:18 3004:7, 24; 3010:17; letters [6] - 3007:10; linear [3] - 3215:19; 3216:18; Logs [6] - 3056:4; 3067:10; 3011:15; 3012:12; 3220:2 3026:25; 3027:2; 3054:6, 3217:18 3069:23; 3070:17; 3071:7, learning [2] - 3325:12, 15 13; 3312:12 lines [3] - 3013:21; 3022:14; 20 Learning [1] - 2994:2 levee [12] - 3302:14, 19, 23; 3104:25 logs [1] - 3066:4 lease [6] - 3032:10, 16, 3303:15, 18-19; 3304:7, Lingen [1] - 2977:17 long-range [1] - 3185:11 19-20; 3128:4; 3297:7 10, 15, 20, 22; 3306:2 link [3] - 3153:19; 3195:5; long-term [7] - 3124:21; leases [4] - 3032:23; 3156:3, level [36] - 3037:19; 3038:11; 3265:11 3125:6; 3133:1, 9; 6, 18 3042:17; 3051:18-21; linking [1] - 3195:3 3134:20; 3135:7; 3266:13 least [24] - 2987:16; 2993:23; 3052:7, 9; 3053:10, 19; list [5] - 2990:24; 3056:20; longevity [1] - 3230:1 2995:15; 2999:3, 7; 3054:6, 9, 12; 3055:1; 3064:18, 21; 3168:12 look [44] - 2995:18; 3000:12; 3008:6; 3013:1; 3033:19; 3066:1, 14; 3074:21; listed [6] - 2996:22; 3033:14; 3009:11; 3029:8; 3037:11; 3053:9; 3054:11; 3110:3; 3077:25; 3082:17; 3092:4; 3144:25; 3146:3; 3038:17, 22; 3045:18; 3130:19; 3154:2; 3157:12; 3085:12; 3114:20; 3129:6; 3167:25 3051:8; 3053:22; 3054:4, 3207:3; 3259:4; 3267:1; 3143:7; 3225:19; 3236:25; listen [2] - 3016:22; 3315:9 7; 3062:24; 3116:14, 24; 3272:17; 3280:20; 3290:3; 3237:2; 3267:23; 3268:7; listing [1] - 3057:6 3127:5; 3135:10; 3136:2; 3294:2; 3295:8; 3309:1 3271:8; 3288:8; 3313:11; lists [1] - 3091:21 3138:7; 3142:8; 3151:7; leastly [1] - 3031:23 3318:6, 18 literature [6] - 3020:16; 3157:4; 3165:14; 3188:4; leave [10] - 3059:2; 3087:10; levels [28] - 3016:24; 3082:9; 3111:7; 3227:8; 3229:7; 3190:10; 3194:20; 3123:10; 3130:18, 25; 3085:12; 3117:7; 3142:13; 3285:3; 3286:19 3208:13; 3216:12, 18; 3184:22; 3263:25; 3296:8, 3163:2; 3183:17; 3188:13; litigation [3] - 3041:17; 3224:11; 3230:25; 16; 3299:24 3190:14; 3200:25; 3044:18; 3046:5 3231:17; 3235:19; leaving [1] - 3305:7 3211:20; 3215:13; 3216:4; littoral [1] - 3305:1 3243:16; 3253:17; 3268:5, 3217:22; 3218:7; 3227:19; left [16] - 3002:3; 3011:19; live [2] - 3029:25; 3031:20 15; 3294:19; 3296:24; 3228:5, 13, 22; 3229:17; 3039:5; 3055:4; 3097:10, lived [2] - 3022:8; 3029:17 3302:8; 3306:16; 3318:9 3233:17; 3235:13, 16; 24; 3098:24; 3099:13, 19, lives [1] - 3029:18 looked [17] - 3002:12; 3268:12; 3279:13; 3030:11; 3069:25; 25; 3102:1; 3247:25; living [3] - 3003:7; 3009:3; 3284:16, 21, 24 3258:5; 3277:11; 3294:15 3026:11 3141:15; 3143:1; 3187:1; library [1] - 3021:9 3189:1; 3193:14; 3195:22; legal [5] - 3042:9; 3045:13; Liz [1] - 3247:17 life [3] - 3208:8; 3315:18; 3204:7; 3210:19; 3224:14; 3047:6; 3075:14; 3323:11 load [1] - 3271:12 3318:1 3229:8; 3243:24; 3244:10; legally [1] - 3075:12 loading [1] - 3191:4 life-time [1] - 3315:18 3312:19 legislated [1] - 3083:20 Local [37] - 2988:23; 2992:6, lifetime [1] - 3273:13 looking [32] - 3049:22; legislation [5] - 3028:2; 13, 22; 2993:6; 2994:15; light [3] - 3020:2; 3197:12; 3051:9; 3059:23; 3060:2; 3113:25; 3115:1; 3309:21; 2997:21; 2998:9, 14, 20, 3198:7 3061:7; 3064:23; 3070:21; 3310:17 22, 25; 2999:16, 22; likely [11] - 3066:20; 3123:9; 3135:23; 3161:4; legislative [2] - 3307:5, 7 3001:6; 3006:21; 3007:11; 3077:11; 3109:23; 3163:23; 3168:13; Legislature [1] - 3027:19 3012:10, 18, 24; 3024:4; 3110:25; 3212:6; 3224:16; 3170:24; 3189:4, 17; legitimate [1] - 3012:25 3028:10; 3029:19; 3230:17; 3242:22; 3205:21; 3214:22; legitimately [1] - 3013:15 3045:20-22; 3056:16;

Realtime Connection - the Realtime EXPERTS - [email protected] 26 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

3217:21; 3218:6; 3264:12; M 22; 3316:18, 20; 3317:2, 7, materials [3] - 3152:16; 3268:17; 3279:5; 3283:21; 12, 14, 20; 3325:11 3169:15; 3278:7 3285:1; 3291:17; 3293:2, manager [1] - 3033:12 Matt [3] - 3219:2; 3221:3; 21; 3295:19; 3297:18; m'mm [5] - 3058:5; 3060:9; Manager [7] - 2977:7; 3222:1 3313:5 3063:23; 3190:15; 3248:15 3097:25; 3099:6, 20; MATTER [6] - 2976:1, 3, 5-6, looks [5] - 3182:24; 3190:13; m'mm-hmm [5] - 3058:5; 3102:15; 3103:10 8 3204:18; 3294:14; 3306:25 3060:9; 3063:23; 3190:15; managing [2] - 3115:3; matter [16] - 2988:2; loop [1] - 3131:10 3248:15 3313:6 3000:16; 3032:5; 3065:20; lose [2] - 3209:6; 3269:24 MacDonald [4] - 2976:23; mandate [6] - 3096:23; 3085:19; 3090:21, 24; losing [1] - 3199:19 3004:8 3173:3, 9; 3196:19; 3091:3; 3092:12; 3094:4; loss [45] - 3108:14; 3109:21; Macisland [1] - 3004:10 3280:10, 12 3118:20; 3122:24; 3187:9; 3111:10; 3112:9; 3119:12; Madam [1] - 3192:8 mandated [1] - 3173:16 3221:6; 3263:14; 3271:25 3120:1; 3122:19; 3124:10; magnitude [3] - 3125:16; mandatory [1] - 3308:9 MATTERS [4] - 2981:23; 3126:25; 3127:1; 3133:2, 3126:8; 3143:10 Manitoba [9] - 3036:7, 21; 2982:6; 3090:3; 3120:22 19; 3134:21; 3135:8, 15, Mahmood [1] - 2977:19 3039:7; 3040:10, 13, 18; matters [5] - 3090:9, 18; 17-18; 3136:2, 20-21, 24; mail [2] - 3094:7; 3153:15 3041:4; 3049:16 3092:24; 3194:15; 3290:15 3142:14; 3143:13; 3149:9; Mail [1] - 3290:8 manner [3] - 3130:2; maximum [4] - 3190:20, 24; 3207:13, 21; 3208:1, 5, 9; Maillie's [1] - 3030:9 3241:18; 3257:22 3227:11; 3229:17 3209:1, 13; 3227:23; main [3] - 2994:24; 2995:4; manufacturers' [1] - 3271:7 McClelland [5] - 3298:10; 3231:3; 3276:25; 3277:6; 3271:19 map [16] - 3010:2; 3012:14, 3299:8, 13; 3300:3, 11 3278:22; 3294:25; maintain [11] - 3116:19; 21; 3022:1; 3025:1; McCormack [2] - 2999:6; 3295:11; 3296:12; 3204:24; 3205:18; 3031:9; 3056:11; 3057:12; 3025:25 3298:23; 3300:19; 3324:14 3281:22; 3283:25; 3059:24; 3060:2, 6, 22; McCormack's [1] - 3026:20 Loss [1] - 3230:6 3297:16, 25; 3298:10, 15; 3061:25; 3062:5, 25; MCFN [1] - 2998:17 losses [4] - 3079:21; 3135:4; 3299:21 3063:20 McKay [16] - 2978:11, 16; 3208:6; 3285:18 maintained [1] - 3233:4 maps [5] - 3024:13; 3027:8; 2992:13; 2993:4; 3005:25; lost [7] - 3150:20; 3233:12; maintaining [1] - 3125:8 3074:5; 3086:19 3012:1; 3017:15, 18, 3280:21; 3281:12, 17; major [8] - 3016:6; 3042:2; March [5] - 3043:7; 3180:6; 22-23; 3019:11; 3023:13; 3282:2; 3285:19 3206:25; 3207:4; 3238:22; 3182:20; 3199:8, 11 3029:24; 3081:4 Loutitt [6] - 2988:2, 5, 15; 3264:15; 3266:6; 3269:23 MAREK [2] - 2981:9; 3088:16 MCKAY [1] - 2976:2 2989:24; 3072:13; 3086:15 majority [6] - 3014:23; Marek [2] - 3102:19; 3233:25 McLelland [4] - 3057:22; LOUTITT [7] - 2980:6, 8, 11; 3024:15; 3032:22; 3064:6; marginalized [1] - 3081:24 3058:4; 3063:21; 3064:4 2988:13, 17; 2989:22 3106:9, 24 Mark [6] - 2992:2; 3023:23; McLennan [7] - 3004:25; loved [2] - 3031:14 Makowecki [8] - 3102:11, 14; 3024:5; 3033:1, 4; 3086:16 3005:5, 15; 3011:6; low [11] - 3106:25; 3109:8; 3174:9; 3218:11; 3222:16, mark [16] - 3077:16; 3091:25; 3033:18; 3057:17; 3064:10 3117:11; 3118:8; 3128:12, 22; 3226:12; 3278:19 3092:22; 3093:13, 21; McMurray [22] - 2976:24; 18; 3129:1; 3210:20; MAKOWECKI [16] - 2981:9; 3118:13, 25; 3152:18, 21; 2978:13; 2992:8; 2997:3, 3212:13; 3216:15; 3279:13 3088:15; 3102:13; 3172:2; 3201:11; 3221:25; 6; 2998:8; 3007:5, 11; low-flow [2] - 3212:13; 3174:13; 3186:16; 3238:5; 3248:4; 3261:23; 3009:24; 3011:22; 3216:15 3197:20; 3203:4; 3226:18; 3290:10 3012:25; 3015:12; low-quality [1] - 3106:25 3229:7; 3234:20; 3237:18; marked [6] - 3107:16; 3017:25; 3018:12; lower [7] - 3009:3; 3129:2, 6, 3241:23; 3253:18; 3257:3; 3152:10, 21; 3162:11; 3023:12; 3026:15; 12; 3143:6; 3203:19 3278:23; 3288:7 3179:5; 3237:20 3029:19; 3074:22; Lower [2] - 3223:5; 3283:25 Malcolm [1] - 2978:15 marking [1] - 3118:24 3077:10; 3121:10; 3323:3 LOWER [2] - 2983:22; Mallon [1] - 2978:21 Marlene [1] - 3058:21 McMurray/Fort [1] - 2978:16 3238:2 man [1] - 3204:25 married [1] - 3025:16 MCQUEEN [4] - 2984:9; lowland [2] - 3127:10, 20 man-made [1] - 3204:25 Martin [1] - 3028:15 2985:20; 3256:16; 3262:4 LSA [9] - 2995:11; 2996:21; manage [5] - 3205:14, 16; Martineau [1] - 2977:19 McQueen [1] - 3253:8 2999:21; 3006:7; 3013:1; 3311:12; 3314:11; 3318:5 mass [2] - 3185:8; 3277:13 mean [68] - 3000:8; 3004:21; 3125:18; 3126:1, 9; manageable [1] - 3230:14 Master's [1] - 2991:14 3011:23; 3022:5; 3026:2; 3136:21 Management [8] - 2997:19; match [1] - 3276:5 3033:11; 3051:14; Ltd [3] - 2978:2; 2979:7 3115:24; 3210:18; 3211:4, matched [1] - 3276:1 3054:13, 16; 3061:8; Lucille [1] - 2977:8 21, 24; 3220:11; 3237:21 material [26] - 2990:21; 3070:1, 5; 3072:16; lunch [4] - 3104:22; 3115:16; management [33] - 3100:5; 2994:5, 17, 19-20; 2995:8; 3074:23; 3079:5; 3083:3, 3120:14; 3121:2 3102:4, 7; 3116:7, 10; 2998:1; 3007:1; 3020:20; 19, 21; 3084:13; 3113:11; luncheon [1] - 3120:18 3117:2; 3149:20; 3249:6, 3026:20; 3054:15; 3061:2, 3114:15; 3116:11; LUNCHEON [1] - 2982:4 12-13, 19; 3250:2, 4; 5; 3064:15; 3067:3; 3127:17, 23; 3128:18; 3251:13; 3254:23; 3288:4, 3074:5, 7, 9, 12; 3075:4; 3131:1; 3138:5; 3141:7; 18; 3304:11, 18; 3305:4; 3277:10, 15-16, 18 3142:1; 3158:9; 3164:23; 3311:7; 3314:14; 3315:20, materially [1] - 3078:9 3168:20; 3184:2, 12;

Realtime Connection - the Realtime EXPERTS - [email protected] 27 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

3185:10; 3197:12; 3209:1, 3042:17, 22; 3043:8; 3185:1, 5-6, 9, 15; 3186:2; 3126:22 20; 3210:3; 3214:15; 3056:22; 3057:3, 7; 3198:2; 3200:25; 3202:7; migratory [23] - 3097:13, 21; 3215:3, 25; 3227:20; 3058:13, 24; 3059:1, 4, 8; 3227:3, 10, 19; 3228:5, 12, 3114:23; 3124:2, 16; 3232:1; 3242:6; 3246:25; 3064:18, 21-22; 3072:12, 14, 22-23; 3229:1, 4, 17; 3128:14; 3133:3, 10; 3250:3; 3255:14, 17; 14; 3073:13, 18; 3091:16; 3230:2, 14-15; 3231:16; 3139:17, 21; 3140:1, 5, 11; 3256:2; 3268:11; 3269:16; 3163:22, 24; 3164:2, 9; 3232:23; 3233:17; 3141:19, 24; 3142:16; 3273:22, 24; 3277:7; 3266:2 3235:13, 16; 3284:9, 16, 3295:1; 3296:13; 3300:20; 3281:9; 3285:14; 3286:24; meetings [11] - 3041:6; 20, 24; 3285:2; 3286:9 3302:15, 20; 3303:10; 3292:3; 3298:25; 3306:3; 3042:16; 3043:6; 3056:18, merit [2] - 3207:3; 3254:16 3324:2 3310:2, 6; 3312:2; 3313:9; 20; 3059:12, 15; 3066:11; merits [2] - 3097:4; 3172:21 Migratory [7] - 3141:20; 3321:15 3070:13; 3071:1; 3085:10 met [4] - 3003:1; 3025:25; 3306:12; 3307:9; 3308:5, meaning [2] - 3258:3; 3277:9 MEG [1] - 2992:17 3033:3; 3247:1 21; 3309:19; 3310:9 meaningful [16] - 3015:24; Meighan [1] - 2977:11 metals [12] - 3176:14, 18, 22, Mihiretu [1] - 2977:15 3017:8, 14; 3022:22; MEK [1] - 2993:19 24; 3182:24; 3183:6; Mike [1] - 3032:14 3043:4; 3061:10; 3063:16; Melissa [5] - 2979:1, 6, 9, 11; 3184:13; 3185:20; Mikisew [4] - 2978:21; 3067:23; 3068:2; 3069:13, 3105:3 3187:21; 3271:21, 24 2992:10; 2997:5; 3074:21 17; 3071:17; 3073:3, 8; melt [7] - 3187:2, 5, 7, 21; METALS [2] - 2983:17; miles [5] - 3009:24; 3036:8; 3077:22; 3083:23 3188:5, 12, 14 3201:14 3079:5 meaningfully [3] - 3068:16, MEMBER [2] - 2980:10; Metals [1] - 3199:20 Millennium [1] - 3238:23 24; 3083:11 2989:22 method [1] - 3268:24 million [2] - 3039:19; means [5] - 3179:13; 3184:3, Member [2] - 2977:4 methods [2] - 3158:14; 3082:21 7, 11; 3215:1 member [10] - 3029:19; 3265:10 mind [9] - 3024:23, 25; meant [6] - 3133:23; 3033:2; 3038:1; 3045:21; methyl [4] - 3183:24; 3184:1; 3025:3, 22; 3239:17; 3187:16; 3227:22; 3245:5; 3052:1; 3064:7; 3097:7; 3227:2; 3230:2 3297:17; 3298:6; 3318:13, 3253:12; 3313:18 3233:21; 3290:1; 3314:7 Metis [1] - 3012:24 20 meanwhile [1] - 3019:11 Members [7] - 3096:12; metres [3] - 3207:25; mine [23] - 3063:12; 3101:24; measure [4] - 3109:2; 3100:24; 3139:1; 3150:21; 3210:23; 3212:15 3115:20; 3155:18; 3168:22; 3273:25; 3274:4 3179:10; 3200:8; 3245:2 metrics [1] - 3268:16 3185:18, 20; 3198:8; measured [1] - 3272:3 members [27] - 2992:23; MFT [1] - 3277:21 3219:10; 3264:20; measurement [1] - 3108:24 2998:8, 20, 25; 3004:7; mic [1] - 3166:8 3270:22; 3271:2, 20; measurements [2] - 3007:6, 24; 3012:24; Michael [3] - 2977:18; 3272:2, 6, 19, 23; 3273:6, 3258:20; 3272:6 3016:19; 3022:15; 3029:16 13, 20; 3274:8, 12; 3297:1; Measurements [1] - 3180:2 3023:21; 3031:18; 3037:1, Michalko [3] - 3058:18, 20 3298:20 measures [49] - 3132:24; 7; 3062:7, 22; 3064:10; Michif [2] - 3003:11; 3035:13 Mine [17] - 2989:11; 2998:12; 3133:18; 3136:16; 3149:8; 3085:16; 3096:5; 3101:13; Michigan [1] - 3003:19 3060:17; 3062:3; 3063:11, 3155:17; 3156:6; 3168:2; 3105:11; 3174:20; 3196:5, middle [5] - 3079:2; 3203:15; 21; 3101:5; 3108:4; 3227:13, 16; 3229:10, 13, 7; 3200:19; 3203:6; 3244:9 3307:14, 16 3157:24; 3186:5; 3203:17; 20, 25; 3240:15; 3244:22; memoire [2] - 3118:18; might [56] - 2991:3; 2996:10; 3218:12; 3220:9; 3238:23; 3283:7, 9; 3284:15, 25; 3290:10 3003:5; 3005:23; 3014:21; 3275:25 3286:3; 3293:12, 22; Memorial [1] - 2991:15 3108:2; 3110:2; 3122:1; MINE [3] - 2976:1; 2983:8; 3294:20, 25; 3295:5, 10, memory [2] - 3001:19; 3151:22; 3155:23; 3162:3; 3119:4 18; 3296:12, 17, 20-22; 3218:12 3166:8; 3173:23; 3178:23; mine-fleet [2] - 3273:13; 3297:3, 8, 11, 15, 24; mention [6] - 3027:6; 3098:4; 3182:10; 3191:20; 3194:4; 3274:8 3298:4, 8, 11, 14, 17; 3119:17; 3141:5; 3142:20; 3195:14; 3196:13; 3198:7, mine-related [1] - 3264:20 3299:20, 23; 3300:2, 18; 3155:11 13; 3200:21; 3202:21; mined [1] - 3150:20 3307:20; 3308:3; 3311:12 mentioned [28] - 3005:13; 3210:21; 3217:3; 3221:16, mines [3] - 3156:2; 3207:5; mechanism [3] - 3135:12; 3006:15; 3014:3; 3030:9; 18; 3225:21; 3227:25; 3211:1 3256:6; 3316:22 3032:25; 3037:19; 3230:11; 3244:24; 3245:1; mini [2] - 3043:6; 3276:23 mechanisms [1] - 3317:11 3044:18; 3046:4; 3050:25; 3248:13; 3253:16; mini-ponds [1] - 3276:23 media [7] - 2987:8, 17; 3058:6; 3076:13, 19; 3261:23; 3279:18; 3282:1; minimization [5] - 3133:17; 3090:25; 3091:9; 3250:19; 3080:4; 3082:15, 19; 3283:24; 3285:14; 3286:7, 3134:10, 13; 3149:13; 3253:22; 3290:11 3092:15; 3112:14; 3115:4; 20-21; 3291:9; 3297:3; 3151:3 medicines [2] - 3005:17; 3119:23; 3144:12; 3147:8; 3299:1; 3302:19; 3305:18; minimize [11] - 2997:9; 3015:19 3283:18; 3291:21; 3309:4, 3308:8, 12, 19; 3309:22; 3134:17; 3150:5, 10, 17, meds [1] - 3043:6 9; 3310:14; 3319:19 3313:19; 3320:20; 19; 3151:13; 3155:5; meet [12] - 3083:6; 3141:24; MERCURY [4] - 2985:6, 10; 3321:22; 3322:16; 3323:14 3168:5; 3230:1; 3307:21 3142:3; 3163:3, 7, 10, 18; 3177:18; 3178:11 migrated [1] - 3179:7 minimizes [1] - 3304:8 3164:6, 14; 3165:2, 12; mercury [47] - 3176:4; migrating [3] - 3304:5, 9; minimum [2] - 3225:19; 3196:25 3177:11; 3178:17; 3183:2, 3305:2 3287:9 meeting [27] - 3026:11; 24; 3184:1, 3, 5, 16, 24; migration [2] - 3026:9; mining [4] - 3126:9, 11;

Realtime Connection - the Realtime EXPERTS - [email protected] 28 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

3187:12, 17 3135:2, 13, 20; 3137:2; monitor [4] - 3234:4; mostly [3] - 3183:6; 3185:7; Minister [19] - 2978:23; 3149:5, 8; 3150:3, 7; 3298:22; 3304:10; 3305:12 3271:24 3034:23; 3042:12, 22; 3151:1, 10, 22; 3152:3; monitoring [74] - 3149:19, mother [1] - 3030:17 3043:17; 3044:10; 3155:4, 17, 19, 24; 3156:1, 21, 25; 3151:4; 3156:5, 15; move [19] - 2996:17; 3011:1; 3046:23; 3144:5, 10; 6, 10, 20; 3157:8, 14; 3157:3, 6; 3174:17; 3028:2; 3041:19; 3085:20; 3243:18; 3246:25; 3168:13, 21, 25; 3169:20; 3175:2; 3180:17; 3202:9, 3093:8; 3095:20; 3113:17; 3247:12, 23; 3253:8; 3173:22; 3174:5; 3227:13, 15, 17, 19; 3231:6; 3125:2; 3130:13; 3149:3; 3290:22 16; 3229:10, 13, 19, 25; 3233:15; 3236:16; 3237:5; 3221:24; 3231:20; 3270:4, MINISTER [8] - 2984:9; 3240:14; 3279:18; 3280:3, 3241:12; 3242:4, 8; 7; 3277:18; 3278:7; 2985:20; 3256:16; 3262:4 7; 3281:2, 24; 3282:23, 25; 3243:14; 3244:25; 3245:3, 3291:12; 3318:1 ministerial [1] - 3042:16 3283:7, 9, 14; 3284:15; 18, 23; 3246:14, 24; moved [4] - 3011:22; Ministers [4] - 3042:14; 3286:3, 20; 3293:10, 20; 3247:3; 3251:20; 3252:4, 3053:19; 3121:19; 3234:22 3158:4; 3161:14; 3321:6 3298:23; 3301:6, 13; 6; 3257:17; 3258:3, 10; movement [2] - 3041:24; MINISTRY [2] - 2985:20; 3303:7, 16; 3305:5, 10, 12, 3259:11, 14-15, 17, 19, 23, 3078:13 3256:17 20, 22; 3311:11; 3313:22; 25; 3260:4-6, 8, 16, 18-19, moving [14] - 2994:5; Ministry [1] - 3253:9 3316:4 24-25; 3261:1; 3273:19, 3006:8; 3026:6, 8, 10; minnow [1] - 3187:4 mitigations [5] - 3168:18; 22-24; 3274:3, 9; 3275:19, 3076:24; 3098:18; 3116:3; minnows [2] - 3187:4, 13 3292:6, 17, 19; 3305:8 22; 3286:11; 3297:20; 3148:25; 3161:13; Minor [1] - 2991:12 mixtures [1] - 3099:10 3304:17; 3305:16, 19; 3227:24; 3277:11; 3301:15 minute [4] - 2988:6; 3104:16; MNA's [1] - 3075:4 3310:15, 22; 3311:7, 10; MR [145] - 2980:8, 11, 16, 19, 3245:15; 3262:11 mobility [1] - 3029:22 3314:12; 3319:5; 3324:25 23; 2981:4, 23; 2982:18; minutes [11] - 3007:3; mode [1] - 3035:20 MONITORING [8] - 2984:6; 2983:4; 2987:7, 13, 22; 3025:8; 3059:8; 3065:5; model [14] - 3161:25; 2986:4; 3248:10; 3261:6 2988:14, 17; 2989:17, 3088:2, 6; 3122:16; 3214:22; 3218:4; 3264:25; Monitoring [7] - 3097:17; 22-24; 2990:7; 2991:7; 3192:25; 3262:9; 3301:19, 3266:12; 3267:24; 3268:5, 3098:14; 3099:17, 24; 3034:4; 3055:14, 18, 21 17, 20; 3270:10; 3275:23; 3174:24; 3247:21; 3314:5 24-25; 3056:6; 3057:6, 10, Miroslav [1] - 3101:15 3276:1, 5, 19 monitors [2] - 3274:7, 10 15; 3064:25; 3066:25; MIROSLAV [2] - 2981:20; modelled [1] - 3318:16 month [2] - 3053:25; 3199:11 3067:12; 3068:2; 3073:19; 3089:12 modellers [1] - 3269:14 months [2] - 2993:22; 3074:2, 11; 3075:21; miscellaneous [1] - 3032:20 Modelling [1] - 3098:20 3047:12 3080:11, 17; 3082:24; misdescribed [1] - 3238:8 modelling [23] - 3098:22; moose [1] - 3106:8 3084:12; 3086:2, 6; misinterpretation [1] - 3099:3; 3177:4; 3214:2, MORE [4] - 2985:5, 13; 3087:24; 3088:1, 7; 3258:6 8-9, 14, 23-24; 3215:11, 3177:17; 3192:13 3089:20; 3090:3; 3093:14, misled [1] - 3157:17 22; 3217:8; 3218:4; Morianos [1] - 2979:3 17, 25; 3094:3; 3095:25; 3100:21, 23; 3102:13; mismatched [1] - 3070:2 3264:9, 16; 3266:4; morning [16] - 2987:4; 3103:6; 3104:5; 3105:14; mispronouncing [1] - 3267:1, 18, 22; 3269:16, 3065:1, 7; 3067:16; 3234:1 23; 3270:2, 14 3089:23; 3090:22; 3107:23; 3110:1, 14; 3113:10; 3118:15; misrepresentation [1] - models [24] - 3213:22; 3096:11; 3100:23; 2998:23 3214:19; 3217:8, 12; 3102:13; 3103:6; 3104:15; 3119:10; 3121:18; 3122:6, 9, 13, 22; 3124:6; 3130:9; missing [3] - 3209:21; 3232:10; 3264:22; 3265:2, 3105:3; 3123:18; 3172:19; 3131:1, 8, 23; 3132:21; 3219:14; 3222:7 11, 15, 17, 22-23, 25; 3289:25; 3325:25 3266:6, 22; 3267:3, 10, 12; [1] 3133:25; 3140:4; 3142:25; mission [1] - 3003:6 MORNING - 2980:20 3268:12, 22; 3269:7 3146:18; 3149:11, 19; misstated [1] - 3237:15 Morrison [7] - 3099:20, 22; moderate [3] - 3106:10, 25; 3177:7; 3184:4; 3202:12; 3154:14; 3160:23; mistaken [1] - 3183:20 3109:8 3260:1, 22 3166:12; 3168:11; mistakes [1] - 2995:2 modifications [1] - 3325:16 MORRISON [11] - 2981:14; 3170:10; 3174:13; mistrust [1] - 3015:23 modified [1] - 3181:17 2985:4; 2986:3; 3089:1; 3175:23; 3178:13, 17, 20; misunderstood [3] - 3291:5, 3186:16; 3191:24; 3192:8; 7; 3309:25 moment [15] - 2989:18; 3176:23; 3177:15; 3184:7; 3105:19; 3110:10; 3186:8; 3202:14; 3260:3; 3194:6; 3197:20; 3201:19; mitigate [14] - 3132:25; 3261:4 3202:2; 3203:4; 3212:22; 3133:8, 19; 3136:17; 3114:14; 3130:16; 3214:7, 17, 19, 21; 3215:7, 3149:21; 3169:2, 6, 17; 3149:16; 3167:1; 3179:2; mortality [11] - 3140:16, 23; 16; 3226:15, 18-19; 3219:20; 3280:21; 3299:2; 3209:8; 3214:11; 3246:9; 3141:5, 8, 12-14; 3306:22; 3228:23; 3229:7; 3234:3, 3300:18; 3303:3; 3304:1 3264:13; 3278:6; 3309:4; 3307:2, 24 3325:21 most [21] - 2992:21; 2997:20, 20; 3237:7, 18; 3241:23; mitigated [1] - 3013:3 Monday [2] - 3121:20; 22; 3036:9; 3040:22; 3244:8; 3253:18; 3257:3; mitigating [7] - 3123:25; 3263:18 3150:13, 16; 3190:18, 25; 3262:19, 23; 3264:12; 3134:7; 3149:9, 14, 23; [5] 3206:12; 3217:20; 3224:3; 3270:13, 25; 3278:5, 23; 3150:14; 3169:13 money - 3013:12; 3053:22; 3068:5, 11, 14 3248:13; 3250:11; 3287:14; 3288:7; 3290:6, mitigation [77] - 3069:14; 3269:22; 3270:14; 20; 3291:6, 14; 3295:9; 3113:4; 3126:2; 3133:7, monies [2] - 3045:23; 3276:12; 3324:2, 6, 22 3301:20; 3302:3; 3304:3; 12, 14-15, 18; 3134:9; 3068:17

Realtime Connection - the Realtime EXPERTS - [email protected] 29 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

3306:6; 3324:6; 3325:20; multiplied [1] - 3108:25 3047:1, 20-22, 24-25; 3051:1, 11, 14; 3053:17; 3326:3 Municipality [2] - 2979:2; 3048:19; 3049:5; 3050:7, 3059:19; 3060:16; 3061:4; MRM [1] - 3276:2 3137:22 18, 23; 3051:1, 11, 13; 3064:6; 3068:21; 3069:4; MS [140] - 2982:3, 8, 10, 13; Murphy [7] - 2978:7; 3053:17; 3054:24; 3056:5; 3074:22; 3080:5, 19-20; 2985:4; 2988:1, 15; 3262:21; 3278:2, 10; 3059:18; 3060:16; 3061:4; 3082:14; 3084:6; 3278:11; 2989:13; 2990:9, 18; 3290:19; 3301:15; 3302:1 3062:12; 3063:3; 3064:6; 3300:25; 3311:19; 3312:25 3020:5; 3057:4, 8; MURPHY [10] - 2982:18; 3065:24; 3067:23; NATION [13] - 2980:5, 9, 12, 3065:11; 3086:13; 3087:4, 3262:23; 3278:5; 3290:20; 3068:20; 3069:2, 4-5, 15, 17, 21; 2981:2; 2982:18; 19; 3096:11; 3104:4, 9, 3291:14; 3301:20; 3302:3; 18; 3070:10, 14; 3071:18; 2988:11; 2989:20; 14-15, 19; 3105:2; 3325:20; 3326:3 3073:4; 3074:22; 3076:2, 2990:12; 3055:21; 3107:15; 3108:7; 3109:16; Museum [1] - 2991:12 9; 3078:13, 18, 20; 3073:24; 3278:5 3110:6, 10; 3113:21; museum [1] - 2993:14 3079:13, 15-16, 21; nation-to-nation [1] - 3044:8 3114:6; 3115:13, 18, 22; muskeg [1] - 3275:24 3080:5, 20; 3081:4, 20, 24; National [21] - 3034:2, 11-12, 3118:23; 3119:6; 3120:12; Muskeg [20] - 3016:3; 3082:3, 14, 23; 3083:2, 20; 18; 3035:23; 3036:25; 3123:16; 3129:20; 3198:25; 3203:16, 20; 3084:10, 23; 3085:15; 3037:4, 9; 3039:2; 3042:2; 3130:24; 3131:3, 13; 3204:5; 3207:1, 5, 7, 18; 3086:16 3046:10; 3047:21; 3083:3; 3132:1; 3133:22; 3134:24; 3208:7; 3214:13; 3242:13, Métis-specific [1] - 3031:15 3098:1, 20, 25; 3099:6, 14; 3137:3; 3139:23; 3141:4; 20; 3275:25; 3279:9, 22; 3175:21; 3186:22; 3199:15 3142:1; 3149:16; 3150:21; 3280:4, 8; 3282:2; 3283:13 N national [10] - 3037:1, 19; 3152:6, 13, 23; 3153:4, must [8] - 3051:20; 3070:25; 3042:20; 3043:5; 3047:2; 9-10; 3157:21; 3162:10, 3081:6, 11; 3082:5; 3051:25; 3053:19; 3054:6, name [12] - 3004:20; 3058:6; 21; 3163:5; 3167:21; 3085:5; 3204:17; 3249:11 9; 3085:7 3089:24; 3096:13; 3170:2; 3171:24; 3172:4, MÉTIS [11] - 2980:5, 9, 12, nationally [1] - 3037:21 3100:25; 3102:14; 3103:9; 10-11, 25; 3174:19; 17, 21; 2981:2; 2988:11; Nations [15] - 2996:5; 3105:3; 3172:12; 3234:1; 3176:19, 23; 3177:15, 21; 2989:20; 2990:12; 3000:16; 3007:14; 3278:10; 3327:14 3178:16, 19, 22; 3179:3, 6, 3055:21; 3073:24 3013:19; 3028:21; 3035:8; named [2] - 2978:20; 3219:2 9, 12, 18; 3180:13; 3184:7; Métis [238] - 2978:12, 18; 3041:7; 3070:9, 13, 15; NAMED [11] - 2980:5, 10, 12, 3186:8, 21; 3192:1, 17, 23; 2987:20; 2988:23; 2992:3, 3084:2; 3129:13; 3288:12, 18, 22; 2981:3; 2988:12; 3193:1, 11, 18, 22; 5, 15, 22; 2993:3, 6, 18, 17; 3300:24 2989:21; 2990:13; 3196:17; 3198:15; 3200:2; 20, 23, 25; 2994:7, 13, 18, Native [2] - 3034:14; 3046:22 3055:22; 3073:25 3201:10, 22; 3202:3, 14; 22; 2995:11, 17, 20, 25; NATURAL [2] - 2981:18; namely [1] - 3273:12 3221:24; 3222:5, 8, 15; 2996:2, 4, 10-11; 2998:9, 3089:9 names [1] - 3025:6 3226:2, 12, 21; 3237:19; 14, 20, 25; 2999:15, 20; Natural [14] - 3021:3; Namur [2] - 3063:5, 9 3238:4, 18; 3244:21; 3000:15, 18; 3001:13; 3084:19; 3090:5; 3100:22; Nancy [3] - 2979:15; 3327:3, 3246:8; 3247:22; 3248:4, 3002:17; 3003:10, 14; 3101:2, 4; 3103:22; 19 12, 17; 3253:5; 3255:24; 3004:17, 20-21; 3005:2, 3116:7, 11; 3117:3; naphthenic [11] - 3157:19; 3258:13; 3259:20; 3260:3; 21, 23; 3006:6; 3007:11, 3143:1, 7, 11; 3290:22 3158:7, 14, 18; 3159:4, 6, 3261:11, 23; 3262:8, 14; 13-14, 22; 3008:1, 7; natural [9] - 3104:24; 3160:6; 9; 3160:4, 9, 13; 3161:4 3263:13; 3264:4, 7; 3011:9; 3012:10, 18; 3216:16; 3235:4, 10, 12; 3270:1; 3275:6; 3277:23; 3013:19, 25; 3014:14, 20; naptha [3] - 3276:10, 19 3236:3, 25; 3282:11 Narrows [2] - 3045:4, 20 3289:23; 3291:20; 3301:2; 3015:10, 15; 3016:13, 16; nature [7] - 3092:18; 3093:1; 3302:21; 3305:13; 3308:4; 3017:4, 6, 9, 13, 23; NAs [1] - 3160:13 3181:11; 3184:6; 3198:22; 3319:7; 3321:17; 3325:4 3018:1, 11, 16; 3019:1, Nastev [2] - 3101:15, 17 3258:21; 3282:9 Mueller [1] - 2977:11 15-16; 3020:8; 3022:6, 8; NASTEV [2] - 2981:20; Navigable [1] - 3103:13 Muir [10] - 3179:20; 3023:16, 18, 20, 23; 3089:12 near [2] - 3186:3; 3190:22 [4] 3188:20-22; 3318:20; 3024:4, 9, 14, 21, 23; nation - 3036:16; 3044:8; nearby [1] - 3079:24 3052:20 3319:9, 15; 3320:25; 3026:6; 3027:12, 24; nearly [1] - 3086:4 3321:4 Nation [82] - 2978:7, 11, 14, 3028:10, 22-23; 3029:3, 5, nebulous [1] - 2996:13 MUIR [1] - 3179:20 16, 18, 22; 2987:20; 12, 15, 19; 3031:15; necessarily [7] - 3079:23; multi [4] - 3248:22; 3254:6, 3033:1, 4; 3034:2, 9-12, 2992:8, 10, 15; 2993:3, 5, 3258:25; 3294:4; 3303:12; 8; 3255:3 16, 18; 3035:1, 5, 23-24; 25; 2994:7, 18; 2997:4-6; 3314:20; 3317:7; 3322:18 multi-stakeholder [3] - 3007:13; 3017:16, 19, 23; 3036:3, 18, 20-22, 24-25; necessary [8] - 2996:8; 3018:1; 3019:1, 14; 3248:22; 3254:8; 3255:3 3037:3, 7, 9, 13, 16, 21; 3014:14; 3068:24; 3020:8; 3034:9; 3035:24; multi-stakeholders [1] - 3038:2, 4, 10, 16, 21, 23; 3069:19; 3205:15; 3036:18, 20-22, 24; 3254:6 3039:2, 9, 19, 21; 3040:2, 3297:15, 25; 3311:12 3037:3, 7, 14, 16, 21; multifaceted [2] - 3204:21; 6, 9, 11, 13, 17, 23; need [51] - 2999:11; 3012:17; 3038:2, 4, 10, 16, 23; 3205:5 3041:1, 4, 8, 12, 25; 3018:20; 3025:4; 3043:2; 3039:9, 19, 21; 3040:6; multiple [5] - 3022:3; 3042:3, 7, 11, 15; 3043:3, 3044:16; 3047:8; 3049:24; 3041:25; 3042:1, 3, 12; 3024:17; 3118:11; 8-9, 15, 18, 23; 3044:1, 3, 3053:4, 13; 3054:23; 3043:8; 3044:5; 3047:20, 3239:25; 3311:8 5; 3045:2, 20; 3046:5, 10; 3072:2; 3081:12; 3083:5, 22; 3049:5; 3050:7;

Realtime Connection - the Realtime EXPERTS - [email protected] 30 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

14, 16; 3087:17; 3093:7; 23; 3261:24; 3262:21; noted [2] - 3152:4; 3317:8 O 3111:14; 3114:14; 3263:18; 3291:15; 3322:23 notes [1] - 3056:23 3117:13; 3119:8; 3121:14, nice [2] - 3059:7; 3106:2 nothing [3] - 3016:20; 21; 3127:4; 3130:23; Nielsen [3] - 2979:15; 3076:22; 3269:10 O'Callaghan [1] - 2978:22 3132:10; 3139:5; 3142:8; 3327:3, 19 notice [3] - 3085:5; 3183:23; o'clock [1] - 3302:2 3146:1; 3149:16; 3151:7; night [3] - 3024:3; 3033:23; 3187:19 Oakley [1] - 3004:14 3157:8; 3159:17; 3166:8; 3170:14 noticeably [1] - 3250:11 OATH [2] - 2980:7; 2988:13 3202:9; 3217:5, 7; NO [5] - 2976:4; 2980:2; noticed [2] - 3174:14; 3190:5 oath [1] - 2988:16 3225:21; 3232:5; 3245:7; 2983:2; 2985:2 Notices [1] - 3095:6 Obijbwe [1] - 3035:10 3262:12, 16; 3263:22; nobody [3] - 3016:21; novel [1] - 3125:2 object [3] - 3066:20; 3301:17; 3323:12, 14 3054:7; 3230:22 NOVEMBER [3] - 2976:16; 3113:10; 3290:17 needed [4] - 3035:2; nocturnal [1] - 3154:25 2980:3; 2982:20 objection [1] - 3118:21 3241:12; 3242:8; 3246:16 non [7] - 3001:9; 3013:21; November [5] - 2987:1; objective [6] - 3115:11; needing [1] - 3015:20 3072:22; 3097:13; 3091:18; 3224:4; 3326:9; 3120:9; 3159:5; 3160:8; Needs [1] - 3225:11 3147:21; 3266:22 3327:14 3161:22; 3303:11 needs [14] - 2996:16; 3025:3; Non [1] - 2978:15 NOx [2] - 3274:15, 20 objectives [9] - 2996:21; 3026:2; 3051:21; 3077:3; non-Aboriginal [1] - 3001:9 NPRI [11] - 2985:5, 9; 3037:23; 3158:6; 3159:9; 3080:2, 4; 3114:11; non-existent [1] - 3013:21 3175:25; 3176:11, 15, 25; 3160:13, 17; 3234:4; 3138:6; 3179:13; 3218:18; non-federal [1] - 3147:21 3177:4, 9, 16; 3178:1, 9 3249:3, 15 3255:10; 3304:21 non-game [1] - 3097:13 NRCAN [2] - 2981:18; 3089:9 obligation [2] - 3145:13, 24 NEEDS [2] - 2983:22; 3238:2 non-reducible [1] - 3266:22 NRCan [4] - 3101:4, 12; obligations [3] - 3130:8; negative [5] - 3125:15; non-specific [1] - 3072:22 3102:10; 3289:18 3131:16; 3132:3 3126:4, 7; 3211:11; 3212:2 Non-Status [1] - 2978:15 NRCan's [7] - 3101:7, 10, 12, observed [3] - 3188:8; negligible [2] - 3267:8, 15 non-technical [1] - 3072:22 18; 3102:2; 3275:2, 5 3190:24; 3248:21 negotiate [5] - 3039:4, 13; none [3] - 3047:12; 3175:10; NUMBER [2] - 2985:17; obtain [1] - 3179:6 3042:19; 3047:21 3283:16 3226:10 obtained [3] - 3191:20; negotiated [1] - 3040:21 normal [2] - 3211:18; 3269:3 number [82] - 2991:21; 3274:2; 3312:11 negotiating [1] - 3051:10 normally [1] - 3301:18 2998:4; 3014:19; 3015:15; Obtained [1] - 3180:1 negotiation [1] - 3083:1 north [14] - 2991:23; 3019:6; 3028:4, 8, 22; obviously [24] - 3084:9; negotiations [3] - 3039:7; 3009:24; 3010:21; 3011:1; 3029:12; 3031:10; 3042:5; 3110:15; 3122:25; 3138:3; 3046:21; 3053:9 3028:1; 3076:24; 3126:18; 3056:18; 3057:8, 11; 3139:5; 3151:3; 3153:15; neighbour [1] - 3068:19 3146:17; 3147:5, 9, 20, 25; 3059:25; 3060:21; 3164:24; 3174:21; 3195:2; nesting [2] - 3304:5, 9 3243:9 3064:19, 24; 3068:15; 3200:10; 3245:5, 12; net [1] - 3227:23 NORTH [2] - 2983:8; 3119:4 3074:5; 3076:12; 3083:25; 3261:12; 3282:6; 3303:6; Net [1] - 3230:6 North [1] - 3157:23 3087:20; 3092:2, 14; 3304:6; 3308:5; 3309:24; 3314:6; 3316:5; 3317:8, network [1] - 3194:15 north-eastern [10] - 2991:23; 3097:9; 3109:15; 3111:16; neurotoxin [1] - 3184:1 3076:24; 3126:18; 3124:15; 3125:18; 24; 3321:18 never [5] - 2989:7; 2990:4, 6; 3146:17; 3147:5, 9, 20, 25; 3126:20; 3135:22, 25; occasion [1] - 3188:5 3027:3; 3318:13 3243:9 3136:9; 3137:5, 7; 3139:9; occasions [1] - 3195:8 new [19] - 2987:9; 3066:6; northeast [1] - 3045:8 3140:4; 3142:11; 3143:1, occur [11] - 3111:18; 3067:7; 3195:14; 3225:9; Northeastern [2] - 2993:24; 5; 3151:9; 3157:16; 3124:17, 23; 3127:21; 3230:9, 11; 3244:24; 2994:22 3160:25; 3173:9; 3174:20; 3136:10; 3151:14; 3208:7; 3210:21; 3221:18; 3245:18; 3247:3; 3258:9; Northern [9] - 2987:11; 3187:25; 3194:13; 3195:7; 3259:10; 3260:17; 3008:13, 19; 3028:5; 3196:7; 3223:10, 16; 3285:16; 3324:23 3267:11; 3269:20; 3288:1; 3096:16; 3102:16; 3225:5, 24; 3226:6, 14, 20; occurred [1] - 3149:15 3310:16 3103:11, 15; 3194:11 3232:7; 3236:20; 3245:6, occurrence [1] - 3272:11 Newfoundland [1] - 2991:15 northern [5] - 3005:4; 11, 23; 3246:1; 3247:2; occurring [4] - 3091:18; news [8] - 3278:15, 17; 3040:4; 3048:16; 3241:14; 3256:25; 3259:21; 3188:18; 3209:11; 3286:13 3289:19, 24-25; 3290:11 3242:10 3265:18; 3271:6; 3278:16; ocean [1] - 3232:16 3284:4; 3293:25; 3294:3; newspaper [3] - 3092:15; Northwest [4] - 3029:2; ocean's [1] - 3232:17 3290:7; 3291:11 3035:17; 3076:4; 3096:18 3295:9; 3314:2, 10; Oceans [10] - 3090:6; 3316:4; 3317:10; 3318:24; next [31] - 3010:2; 3046:1; northwest [4] - 3045:3, 7; 3102:12, 15-16, 21; 3051:19; 3081:22; 3076:14, 17 3319:2; 3320:25 3197:16; 3203:1; 3238:21; numbered [1] - 2990:23 3100:21; 3101:20; NOT [6] - 2986:5-7; 3261:7, 3241:16; 3253:25 3102:11; 3106:16; 3121:7; 9; 3289:13 numbers [6] - 3060:6; OCEANS [2] - 2981:8; 3168:16; 3170:8; 3176:24; 3155:2; 3157:1, 16; note [11] - 3017:17; 3026:18; 3088:14 3165:23; 3166:23; 3167:6; 3035:5; 3067:12; 3106:1; 3219:8; 3269:8 OCR [1] - 2979:16 3193:6; 3207:14; 3214:5; 3138:10; 3140:13; numerous [1] - 3264:19 October [21] - 3048:24; 3227:6; 3232:25; 3238:5; 3155:10; 3165:22; Nunavit [1] - 3096:18 3059:19; 3065:22; 3090:4; 3241:7; 3243:16; 3246:6, 3237:20; 3325:24 3091:2; 3094:7; 3096:7;

Realtime Connection - the Realtime EXPERTS - [email protected] 31 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

3103:23; 3104:2; 3105:8; 2985:5; 3177:17; 3238:16; 3074:6; 3077:8; 3078:4, 3137:24; 3138:1; 3246:8; 3123:19; 3140:14; 3248:10 11; 3079:1; 3080:10; 3301:3 3143:18; 3153:12; 3154:7; oil [43] - 3073:1; 3102:4; 3085:16; 3087:19; Operational [2] - 3152:8, 13 3165:22; 3167:22; 3105:12, 18; 3154:24; 3090:21; 3091:25; OPERATIONAL [2] - 3237:16; 3238:6; 3244:20 3160:5; 3165:20, 25; 3094:17; 3107:4; 3111:18; 2983:11; 3153:6 OCTOBER [2] - 2983:8; 3166:7, 14; 3169:8; 3112:18, 24; 3113:25; operationalized [1] - 3246:6 3119:4 3175:20; 3177:9; 3180:16; 3115:13; 3119:1; 3125:24; Operations [2] - 3096:14; odours [2] - 3062:15 3187:11; 3194:4; 3198:8; 3126:14, 25; 3127:1; 3194:11 OF [83] - 2976:1, 3, 5-6, 8-9, 3202:6; 3203:23; 3206:22; 3135:13; 3137:9; 3138:4; operations [2] - 3166:1; 12; 2980:1, 5-6, 9, 12, 17, 3219:4; 3224:25; 3236:11; 3140:15, 20; 3143:20; 3168:4 21; 2981:1, 7, 24; 3237:13; 3241:20; 3243:2, 3150:25; 3151:8; 3152:5, operator [3] - 3203:24; 2982:1-3, 7-10, 12-13, 17; 4, 15; 3249:7; 3251:24; 21; 3157:19; 3174:14; 3206:23; 3323:8 2983:1, 3, 5, 8, 12, 20, 22; 3252:16; 3257:19; 3182:14; 3187:24; operators [6] - 3155:19; 2984:1, 4, 8; 2985:1, 9, 19, 3260:20; 3296:4; 3297:1; 3191:11; 3201:21; 3207:9; 3156:2; 3209:14; 3225:9; 21; 2986:1, 4; 2988:11, 13; 3311:13; 3313:6; 3315:15; 3210:14; 3219:17; 3221:7; 3259:12; 3260:15 2989:20; 2990:12; 3316:1; 3317:15; 3324:3; 3222:19; 3224:8, 11; opine [1] - 3230:21 3055:21; 3073:24; 3325:2 3225:14, 17; 3232:3, 24; opinion [19] - 3047:6; 3087:24; 3088:11; Oil [21] - 2979:1; 3023:3; 3234:4; 3241:3; 3243:10, 3071:21; 3075:14; 3076:7; 3093:23; 3095:24; 3030:6; 3098:13; 3099:17; 16; 3244:12, 24; 3247:22; 3092:11; 3118:20; 3104:13; 3119:3; 3123:15; 3105:4; 3124:9; 3154:4; 3251:13; 3257:5; 3259:9, 3119:25; 3125:25; 3133:7; 3153:7; 3172:9; 3178:8; 3162:12; 3176:2; 3180:1; 20; 3261:12; 3264:2, 17; 3149:7; 3173:5; 3174:12; 3222:12; 3238:1, 16; 3183:8; 3198:24; 3220:17; 3269:4; 3270:1; 3272:9; 3206:21; 3216:24; 3217:7; 3256:15, 17; 3261:5; 3234:5; 3238:10, 22; 3273:8; 3275:24; 3276:6, 3274:16, 20; 3275:7; 3262:2; 3278:4 3243:17; 3247:16, 21; 23; 3278:10; 3281:24; 3277:13 off-site [2] - 3141:5, 7 3314:4 3282:6, 8, 21; 3283:4; opinions [1] - 3056:25 offer [1] - 3173:10 Oil's [1] - 3203:17 3284:11; 3286:4; 3290:21; opportunities [4] - 3013:20; offered [1] - 3012:5 oils [1] - 3307:22 3291:22; 3301:12; 3304:3; 3151:9; 3257:8; 3280:5 3309:12; 3310:14; offering [1] - 3298:23 OILSANDS [4] - 2983:13; opportunity [14] - 2990:10; offhand [1] - 3186:11 2984:5; 3162:17; 3248:8 3312:23; 3314:16; 3316:7, 3007:18; 3043:18; 3049:8; OFFICE [2] - 2983:20; Oilsands [3] - 3097:16; 14; 3317:7; 3318:10; 3065:22; 3066:8, 22; 3222:12 3099:24; 3174:24 3319:17, 24; 3320:6, 18, 3100:17; 3281:5, 8, 15; 21, 23; 3321:4; 3325:21 office [4] - 3054:7, 10; old [8] - 3002:3; 3006:12; 3282:1; 3310:16 one's [1] - 3094:23 3099:7; 3323:3 3007:10; 3011:12; opposed [2] - 3127:20; Office [4] - 3218:25; 3024:11; 3124:14; 3134:21 one-and-a-half [1] - 3070:10 3218:6 one-half-time [1] - 3019:7 3224:13; 3238:11; 3239:3 old-growth [2] - 3124:14; option [5] - 3151:18, 24; officer [2] - 3322:20; 3323:12 3134:21 one-offs [1] - 3272:9 3232:3 Officer [3] - 3097:19; 3101:2; olive [1] - 3143:8 ones [3] - 3055:2; 3195:2; options [36] - 3135:13; 3103:13 Oliver [1] - 3290:22 3293:14 3136:3; 3151:1; 3152:5; officers [3] - 3322:3, 12; ON [1] - 2982:19 ongoing [5] - 3092:21; 3155:4, 20, 24; 3156:1, 10, 3323:2 on-the-ground [5] - 3037:8; 3156:15; 3230:17; 3252:4 20-21; 3168:13; 3169:1; offices [1] - 3100:11 3081:2; 3082:4; 3246:24; online [3] - 2993:10; 3091:11 3173:22; 3231:1, 17, 21, Official [2] - 3327:3, 20 3249:22 Onovwiona [1] - 2977:15 24; 3232:20, 22; 3282:19, official [2] - 3219:5, 24 onboard [1] - 3274:7 onsite [1] - 3305:18 23, 25; 3283:14, 20, 24; officials [4] - 3042:18, 24; once [9] - 3013:18; 3046:11; Ontario [12] - 3036:12, 20; 3284:1; 3286:4; 3295:16; 3043:9; 3100:24 3086:17; 3127:25; 3039:8, 10, 20, 22; 3040:5; 3296:6; 3301:12; 3303:7; offs [1] - 3272:9 3188:11; 3259:1; 3266:11; 3042:14; 3082:15, 20 3316:4 offset [8] - 3134:1, 5; 3276:15 open [3] - 3045:4; 3053:20; OR [10] - 2985:13, 16; 3135:23; 3205:22; 3210:5; one [148] - 2988:1; 2993:23; 3230:19 2986:7-9; 3192:13; 3226:9; 3281:12; 3282:2; 3284:6 3001:4, 17; 3005:15; OPENING [2] - 2983:3; 3289:13, 15 offsets [18] - 3134:6, 14, 19; 3008:13; 3010:24; 3011:2; 3087:24 oral [2] - 2995:1; 3030:8 3135:18; 3136:25; 3016:18; 3018:11; 3019:7, Opening [4] - 2990:25; order [14] - 2978:5; 3068:16; 3137:13, 16, 20; 3139:12; 12; 3021:17; 3022:2; 2991:1; 3019:24; 3057:16 3104:25; 3118:19; 3149:5, 9, 25; 3150:1, 4, 6; 3024:19; 3027:1; 3028:8, opening [3] - 2991:5; 3137:20; 3152:19; 3151:16; 3203:18 14-15; 3030:4, 14, 18, 24; 3087:21; 3121:8 3196:25; 3205:8; 3245:8; often [10] - 3013:24; 3014:1; 3031:10, 18, 24; 3034:7; opens [2] - 3070:23 3249:12, 14; 3273:21; 3022:16; 3025:10; 3043:7, 16; 3045:17; operate [2] - 3038:8; 3240:1 3303:20; 3316:23 3054:16; 3059:11; 3049:23; 3050:6; 3051:14, operating [2] - 3212:16; ordinary [1] - 3268:24 3068:22; 3126:17; 16; 3053:14; 3060:12; 3321:21 ordination [2] - 3096:21; 3248:23; 3273:10 3062:20; 3069:3, 25; operation [1] - 3322:24 3194:12 OIL [7] - 2976:8; 2984:4, 7; 3070:10; 3071:6; 3072:8; operational [5] - 3133:20; organic [1] - 3189:20

Realtime Connection - the Realtime EXPERTS - [email protected] 32 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

Organic [1] - 3102:8 3085:1; 3095:14; 3142:20; paleo-limnology [1] - 2989:22; 2990:14; organization [8] - 3034:5, 7, 3198:17; 3258:23; 3299:5; 3189:11 3055:23; 3074:1; 3088:11; 13; 3036:1; 3050:10, 14, 3312:15, 21 pamphlet [2] - 3056:7; 3104:14; 3123:16; 16; 3076:8 owned [2] - 3001:8; 3002:14 3117:18 3172:10; 3248:8; 3278:4 organizations [2] - 3034:17; owner [3] - 3001:13; 3002:2, Panel [97] - 2977:3, 7; Panel's [3] - 3119:14, 23; 3075:3 4 2991:9; 2992:4; 2994:17; 3220:24 organizations.. [1] - 3250:20 ownership [3] - 3000:25; 3001:19; 3002:22; PANELS [2] - 2981:25; organized [1] - 3036:17 3052:21 3006:24; 3010:1; 3014:10, 3095:24 orientate [1] - 3110:16 owns [1] - 3000:21 13; 3017:21; 3020:20; PAPER [2] - 2985:13; orientation [1] - 3072:17 3034:5; 3038:21; 3049:18; 3192:12 original [6] - 3009:11, 14; P 3050:1; 3069:5; 3073:17, paper [19] - 3059:22; 3030:12; 3036:7; 3110:23; 20; 3074:19; 3090:8, 10; 3081:17; 3093:20; 3167:7; 3153:20 3091:2, 14; 3093:4, 8; 3179:24; 3180:4; 3183:14; P.M [5] - 2982:5, 15-16, 19 originally [4] - 3003:15; 3094:14; 3095:7, 11, 18; 3191:11, 22; 3192:5; p.m [10] - 3120:16, 19-20; 3025:15; 3029:17; 3057:14 3096:12; 3097:3; 3100:14, 3199:16, 20; 3200:2, 12; 3121:1, 3; 3263:4, 7-8, 11; origins [1] - 3023:9 16, 24; 3101:6, 10; 3201:20, 23; 3202:4, 15; 3326:7 OSEC [9] - 2982:3, 8, 10, 13; 3102:13; 3108:5; 3112:12; 3272:15 Pacific [1] - 3232:15 3104:14; 3123:16; 3113:16, 19; 3122:14; papers [4] - 3051:11; package [3] - 3093:13; 3153:25; 3158:9; 3172:10 3126:6; 3139:1, 6, 8; 3191:14; 3196:16; 3259:8 3098:6; 3151:8 OSEC's [1] - 3155:8 3150:21; 3151:20; paraffinic [1] - 3276:13 PAGE [3] - 2980:2; 2983:2; Osume [1] - 2979:11 3153:22; 3154:19; paragraph [30] - 3107:5; 2985:2 Osuoka [1] - 2979:11 3157:25; 3173:1, 19; 3110:9, 15, 17, 19; 3118:1; page [107] - 2996:22; 2998:5; 3191:21; 3192:19; 3194:5; Ottawa [3] - 3033:24; 3098:1; 3144:17; 3159:13, 23; 3001:8, 10, 12; 3006:9; 3099:7 3195:15; 3197:14; 3207:15; 3208:16; 3211:5; 3009:21; 3023:8, 11, 15; 3198:11, 21; 3200:8; ought [1] - 3291:12 3226:24; 3227:6; 3236:5; 3033:13; 3059:24; 3060:1; 3201:5; 3203:6, 10; ourselves [4] - 3034:8; 3237:5; 3239:18; 3241:7; 3063:19; 3071:5, 25; 3218:2; 3220:16, 20; 3035:4; 3044:6; 3046:11 3242:25; 3248:18; 3250:5, 3072:1, 4, 6; 3091:10; 3224:14; 3225:23; outcome [2] - 3269:15; 22; 3251:17; 3254:12; 3105:24; 3106:16; 3107:5; 3243:17; 3244:14; 3245:2; 3316:24 3257:13; 3306:15, 21; 3110:9; 3117:18; 3127:3; 3247:16; 3252:11, 14, 22; 3317:13; 3323:20 outlets [2] - 2987:8, 17 3132:19; 3138:11; 3142:8; 3263:23; 3267:23; parallel [1] - 3265:13 outline [2] - 3174:1, 7 3143:17; 3144:16; 3278:25; 3290:21; parameters [1] - 3269:3 outlined [7] - 3060:8; 3145:18; 3154:12; 3291:25; 3292:25; 3293:1, 3064:11; 3114:7, 16; parcel [1] - 3134:2 3157:17; 3159:15; 7; 3294:23; 3295:24; 3124:7; 3137:5; 3148:23 pardon [1] - 3123:13 3167:23; 3170:7, 20; 3299:11; 3302:6, 12; outlines [2] - 3151:1, 9 Park [1] - 2976:23 3173:25; 3203:7; 3207:11, 3308:19; 3318:11; 3326:3 Outlook [1] - 3289:21 Parker [1] - 3030:3 14-16; 3208:13; 3211:3, 6; panel [55] - 2987:21; output [2] - 3251:6; 3269:4 Parks [2] - 3144:6, 11 3212:19; 3213:18; 2990:19; 2992:22; outset [1] - 3090:22 Parot [1] - 3186:20 3219:7-13; 3221:2, 5; 3007:21; 3015:10; outside [11] - 3036:13; Parrott [2] - 3186:20; 3226:21, 23; 3234:18; 3016:24; 3033:2; 3055:15; 3043:23; 3175:3, 7; 3187:15 3236:4; 3237:22; 3239:9, 3066:13; 3074:4; 3086:10; parrott [1] - 3186:21 3230:24; 3231:21; 3253:1; 16; 3244:1; 3248:14; 3087:12, 18; 3090:19; part [51] - 2994:5, 17; 3290:4; 3302:23; 3313:12; 3251:16; 3253:17; 3092:24; 3094:5; 3096:1; 3323:16 3011:14; 3025:9; 3028:7, 3254:11; 3257:13; 3264:9, 3097:6; 3104:6; 3105:3, 18; 3034:13; 3040:21; outstanding [2] - 3048:18; 14; 3270:20; 3272:18; 11; 3115:20; 3121:14; 3041:6; 3047:22; 3048:1; 3195:25 3275:2, 4-5; 3279:5; 3122:7, 15; 3124:4; 3073:14; 3075:21; overall [10] - 3096:20; 3291:19, 22; 3292:9; 3125:23; 3129:18; 3076:25; 3077:7; 3079:18; 3098:14; 3164:12; 3293:9; 3306:14; 3307:15; 3130:11; 3139:18; 3094:17; 3109:8; 3113:6; 3194:12; 3210:7, 9, 24; 3311:1; 3323:19 3155:22; 3156:9; 3161:15; 3127:16; 3130:7; 3131:15; 3265:14; 3292:6, 15 PAGES [1] - 2976:18 3167:18; 3168:8; 3171:24; 3132:2; 3134:7; 3152:1; overestimated [2] - 3274:16, pages [13] - 3008:18; 3023:6, 3172:11; 3173:7; 3174:2, 3154:2; 3156:22; 3161:13; 19 19; 3031:9; 3070:7, 10; 15, 20; 3179:13; 3193:20; 3180:4, 16; 3195:19; oversight [1] - 3254:22 3071:22; 3086:15, 17; 3200:1, 5, 17; 3243:22; 3196:7; 3216:19; 3224:3; OVERVIEW [2] - 2983:6; 3093:19; 3219:14; 3222:6; 3244:15; 3253:13; 3239:22; 3259:17, 19; 3107:21 3307:14 3262:17; 3277:24; 3278:9; 3280:2, 6, 24; 3282:24; overwhelming [1] - 3212:7 PAH [5] - 3189:24; 3190:5, 3291:4; 3326:4 3285:20; 3291:23; 3301:7; owed [4] - 3075:19, 22, 24 10 PANEL [28] - 2976:1; 2977:2, 3305:18; 3310:21; 3315:2, own [21] - 3001:23; 3010:10; PAHs [5] - 3189:16, 23; 14; 2980:6, 10, 13, 18, 23; 4; 3318:10; 3325:4 3018:7, 22; 3022:13; 3190:2; 3191:6; 3200:25 2981:4, 7; 2982:3, 8, 10, partially [1] - 3196:5 3035:2, 10; 3037:14, 17; paid [1] - 3074:24 13, 17; 2984:6; 2988:12; Participant [2] - 3154:6; 3073:1; 3075:15; 3084:14; paleo [1] - 3189:11

Realtime Connection - the Realtime EXPERTS - [email protected] 33 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

3162:14 pathways [2] - 3264:20; 3200:20; 3224:22; permitted [2] - 3175:1; PARTICIPANT [2] - 2983:14; 3277:17 3227:25; 3228:4; 3244:2, 3223:14 3162:19 Patricia [3] - 3025:25; 14; 3302:4; 3316:24 persistence [1] - 3324:16 participants [4] - 3223:19, 3026:19; 3098:9 people's [2] - 3021:23; person [13] - 3000:14, 21; 22; 3224:1; 3253:3 PATRICIA [2] - 2981:13; 3064:12 3013:20; 3018:11; 3045:2; participate [3] - 3256:2, 7; 3088:24 Peoples [1] - 3034:15 3052:22; 3076:8; 3085:16; 3257:1 pattern [1] - 3185:12 peoples [6] - 3034:24; 3094:19; 3175:19, 24; participated [3] - 3239:1, 13; patterns [2] - 2998:16; 3035:4; 3046:25; 3048:10; 3178:23 3314:6 3062:15 3081:3; 3312:15 person's [1] - 3030:24 participation [3] - 2978:25; Paul [2] - 2977:14; 2978:17 peoples' [1] - 3035:20 personal [1] - 3253:24 3009:5; 3101:10 pause [1] - 3234:20 per [5] - 3048:8; 3052:21; persons [1] - 3096:3 particle [1] - 3184:10 pay [1] - 3146:2 3153:20; 3156:7; 3274:4 perspective [17] - 2997:15; particular [40] - 2987:10; PDF [23] - 2996:22; 2998:6; PERCENT [2] - 2985:6; 3062:12; 3111:14; 2995:18; 3051:2; 3055:15; 3023:8; 3070:22; 3071:5; 3177:18 3145:24; 3204:14; 3077:14; 3079:8; 3094:11; 3093:19; 3203:7; 3207:12, percent [23] - 3048:25; 3230:12; 3249:2, 15; 3109:18; 3116:8; 3136:18; 16; 3208:15; 3211:5; 3070:25; 3071:2; 3106:7, 3254:1; 3255:17; 3258:2; 3137:15; 3144:16; 3146:3; 3212:19; 3226:23; 22; 3107:10; 3108:14; 3311:15; 3312:1, 4-5; 3154:10; 3157:10; 3234:19; 3264:9; 3270:21; 3109:21; 3112:9; 3116:7, 3313:7 3160:22; 3163:15; 3275:4; 3279:5; 3291:18; 9; 3117:3; 3143:10; perspectives [1] - 3311:17 3173:14; 3190:12; 3194:5; 3306:15; 3307:14; 3311:2; 3163:2; 3176:6; 3177:10; Peru [2] - 3033:24; 3055:10 3197:6; 3206:24; 3207:2; 3323:20 3187:13; 3218:1; 3268:15; pests [1] - 3171:4 3210:19; 3218:23; Peace [2] - 3199:22; 3288:6 3276:25; 3277:5; 3298:19 PETER [2] - 2980:14; 3225:24; 3254:19; 3255:8, PEACE [2] - 2983:18; percentage [1] - 3210:9 2990:15 15; 3257:5; 3265:22; 3201:17 perch [1] - 3287:23 PETITION [2] - 2983:20; 3281:3; 3283:7, 14; Peace-Athabasca [2] - perfect [1] - 3265:10 3222:13 3287:6; 3290:17; 3297:7; 3199:22; 3288:6 perform [4] - 3020:16; petition [3] - 3219:1, 16; 3318:16; 3319:9; 3322:19 PEACE-ATHABASCA [2] - 3061:5; 3064:16; 3071:12 3221:3 particularly [23] - 2996:21; 2983:18; 3201:17 performance [3] - 3292:15; Petition [1] - 3222:1 3009:16; 3022:19; 3026:7; peatland [3] - 3124:10; 3316:5; 3317:10 PETROLEUM [4] - 2984:8; 3027:12; 3033:17; 3035:9; 3128:2 performed [1] - 3194:23 2985:19; 3256:15; 3262:3 3039:11; 3046:6; 3098:15; peatland-dependent [1] - perhaps [23] - 2987:19; petroleum [1] - 3253:7 3125:1; 3126:17; 3128:1; 3124:10 2989:17; 3024:1; 3041:18; Ph.D [1] - 2991:16 3134:19; 3135:6, 19; peatlands [12] - 3124:8; 3050:2; 3055:4; 3056:11, Phase [15] - 3210:18; 3136:14, 20; 3137:1; 3127:7; 3134:23; 3135:16; 19; 3057:24; 3064:20, 25; 3211:20, 22, 24; 3212:4, 3180:14; 3194:8; 3217:10; 3136:2, 20, 22, 24; 3149:9; 3071:4; 3072:2; 3074:25; 14; 3220:11, 14, 23; 3233:24 3150:20; 3151:15 3079:19; 3096:9; 3125:23; 3221:4, 10, 21; 3222:19; particulate [9] - 3183:23; peer [5] - 2993:14, 23; 3161:25; 3177:7; 3194:6; 3225:14; 3237:21 3184:2, 15, 20; 3185:1, 14, 3092:9; 3201:7; 3251:7 3312:5; 3318:22 phases [4] - 3125:3; 21; 3186:2; 3271:25 peer-reviewed [4] - 2993:14, period [16] - 3048:17; 3128:22; 3319:5 particulate-bound [2] - 23; 3201:7; 3251:7 3153:13; 3210:20; phones [1] - 3019:9 3183:23; 3184:2 people [74] - 2993:9; 3215:17, 20; 3216:5, 22; phonetic [1] - 3190:23 parties [5] - 3095:16; 2999:15, 20; 3000:19; 3217:11; 3232:23; phrase [1] - 3159:11 3121:16; 3122:5; 3153:18; 3002:18; 3003:13; 3005:2, 3233:11; 3239:10; physical [2] - 3112:2; 3195:6 24; 3006:6; 3007:14; 3243:12; 3277:1; 3285:19; 3281:12 partly [1] - 3280:20 3009:19; 3013:11, 15; 3286:25; 3287:1 picked [1] - 3010:25 partner [2] - 2994:3; 3017:16 3014:14, 20, 23; 3015:11, periods [3] - 3216:15; picture [1] - 3318:12 partnership [4] - 2992:16; 15; 3016:16; 3017:6, 13; 3229:16 piece [5] - 3020:24; 3084:16; 3017:18, 22; 3083:17 3018:16; 3019:6, 14; perish [2] - 3140:24; 3141:11 3117:12; 3142:7; 3314:5 parts [3] - 2995:4; 3085:19; 3022:8; 3023:18, 20; Perkins [4] - 2977:10; pieces [3] - 3113:25; 3249:22 3024:9, 17; 3025:6; 3073:22; 3122:21; 3123:7 3246:12; 3309:21 partway [1] - 3323:23 3026:6, 10; 3027:24; PERKINS [7] - 2980:23; Pierre [4] - 2977:20; 3004:15; pass [12] - 2991:3; 3048:7; 3028:21; 3035:2, 6; 2981:4; 3074:2; 3086:6; 3062:3; 3063:12 3071:4; 3072:19; 3105:20; 3036:16; 3037:6; 3040:23; 3093:25; 3122:22 pike [1] - 3287:17 3111:4; 3118:12; 3143:24; 3043:21; 3045:8, 18; [3] permanent - 3124:10; pinpointed [1] - 3110:3 3144:11; 3152:7; 3154:8 3046:5, 13, 16; 3049:13; 3132:25; 3133:9 pioneering [1] - 3272:16 passionate [1] - 2989:3 3050:23; 3052:15, 18; permanently [1] - 3149:10 pipe [1] - 3274:1 past [6] - 2994:6; 3052:12; 3054:12; 3069:6, 18; permit [4] - 3028:3; 3156:7; pit [7] - 3016:5; 3101:24; 3108:10; 3153:22; 3077:2, 5; 3078:1, 25; 3157:3; 3259:17 3215:10; 3278:21, 24 3158:21; 3246:21 3083:20; 3086:4; 3097:9; permits [2] - 3256:25; pitcher [1] - 3005:14 paste [1] - 3170:19 3123:3; 3195:1, 8; 3196:2; 3259:16 place [26] - 3002:7, 19;

Realtime Connection - the Realtime EXPERTS - [email protected] 34 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

3018:21; 3044:15; 3045:3; 3245:1; 3247:10, 22, 25; 3094:24; 3095:4, 19; Pre-Industrial [1] - 3143:3 3052:6; 3054:25; 3081:16; 3259:1, 20; 3287:22; 3196:21; 3210:12; preamble [3] - 3132:9, 12; 3082:2; 3084:8, 24-25; 3292:23-25; 3299:20; 3219:25; 3254:25; 3255:2; 3154:17 3087:18; 3165:19; 3304:3; 3305:16; 3320:1; 3256:2, 24; 3257:10; precautionary [5] - 3112:16; 3202:17; 3205:4; 3212:15; 3322:14, 22; 3323:10 3261:19 3119:8; 3223:24; 3226:13, 3218:19; 3219:18; point's [1] - 3017:17 possibility [2] - 3264:2, 5 20 3220:10; 3223:18; 3224:7; pointed [1] - 3269:17 possible [19] - 2993:12; precipitation [2] - 3213:21; 3244:23; 3249:12; 3286:3; pointing [1] - 3245:7 2994:10; 3117:15; 3124:9; 3217:10 3327:8 points [4] - 3021:17; 3142:14; 3161:20; 3181:3; preclude [1] - 3294:4 placed [3] - 3138:20; 3144:15; 3202:9; 3275:17 3191:17; 3192:2; 3203:23; precluded [1] - 3231:12 3225:21; 3266:13 POLICIES [2] - 2983:10; 3206:22; 3209:23; predict [1] - 3240:12 places [5] - 3005:15; 3152:25 3254:20; 3265:20; predicted [6] - 3106:7, 22; 3016:21; 3065:9; 3067:14; policies [6] - 3039:4; 3052:8; 3273:15, 17; 3274:22; 3107:11; 3213:15; 3214:1; 3317:19 3053:7; 3081:13; 3163:3 3297:3 3273:6 Plamondon [5] - 3003:18; policy [23] - 3037:6, 22; possibly [8] - 3079:9; predicting [1] - 3270:11 3010:20; 3019:19; 3038:11; 3039:21; 3041:9; 3124:14; 3159:21; 3267:3; prediction [3] - 3271:1; 3067:18, 21 3042:20, 25; 3051:25; 3274:14; 3281:4; 3287:18, 3273:21; 3274:14 plan [28] - 3121:6; 3136:22; 3052:9; 3053:6; 3080:4; 23 predictions [6] - 3205:10; 3156:25; 3166:22; 3081:16, 18; 3082:2; post [1] - 3308:19 3215:2; 3234:14, 16; 3202:19; 3208:11; 3083:19; 3142:5; 3143:25; post-Panel [1] - 3308:19 3266:13; 3275:13 3209:14; 3221:7; 3231:11; 3313:11; 3321:25; 3322:2 postage [1] - 3036:9 predicts [1] - 3125:14 3245:3, 13, 18, 23; 3246:1, policy-level [1] - 3313:11 posted [2] - 3146:25; 3239:3 predominant [1] - 3184:17 5, 9, 11, 16, 20; 3259:11, political [4] - 3018:17; potential [39] - 2995:16; prefer [1] - 3136:16 19, 25; 3260:5, 18; 3035:14; 3044:4; 3049:7 2996:4, 7; 2999:1; preference [6] - 3051:23; 3263:10; 3326:1 pollutant [1] - 3185:10 3006:20; 3014:22; 3133:15; 3134:9, 12; Plan [4] - 3099:24; 3230:6; pollutants [2] - 3183:6; 3015:22; 3018:23; 3136:2; 3149:13 3314:4, 18 3185:25 3045:24; 3053:10; preferences [1] - 3231:19 planned [2] - 3016:4; 3240:2 pollution [2] - 3100:1, 5 3065:17; 3078:7; 3100:14; prejudice [1] - 3095:16 Planned [1] - 3143:4 Pollution [1] - 3175:21 3109:24; 3111:1; 3128:13, preliminaries [1] - 3113:18 planning [5] - 2993:2; 19, 22; 3129:2; 3142:13; Polycyclic [3] - 3187:20; Preliminary [1] - 3021:4 3016:6; 3057:14; 3146:12; 3149:21; 3164:6, 13-14; 3199:21; 3271:21 preliminary [15] - 3090:18; 3148:4 POLYCYCLIC [2] - 2983:17; 3168:16, 18; 3174:4; 3092:18; 3094:3, 17, 23; plans [6] - 2987:15; 3168:3; 3201:15 3198:7; 3202:5; 3206:25; 3123:1; 3181:11, 25; 3316:19; 3317:2, 7, 12 pond [14] - 3141:10; 3211:22; 3228:8; 3230:13; 3182:10, 23; 3191:16; plant [7] - 3005:14, 16-17; 3275:23, 25; 3276:2, 6, 16, 3243:5; 3260:17; 3284:6; 3197:7; 3199:12; 3322:17, 3032:21; 3073:2; 3136:12 19, 22; 3277:2, 17, 19, 22 3307:23; 3322:5 22 potentially [13] - 3005:10; plants [4] - 3015:6, 18; ponds [11] - 3016:4; 3102:9; premature [8] - 3138:24; 3136:10 3140:1, 6, 17, 24; 3161:8; 3013:3; 3069:9, 15-16; 3139:3, 11, 13; 3166:2, 19; platform [2] - 3092:4 3275:8, 20; 3276:23; 3078:8; 3142:4; 3155:1; 3197:13; 3292:23 3198:13; 3209:17; play [8] - 3147:4, 7; 3149:20; 3307:22 Premier [3] - 3040:12; 3229:16; 3240:4; 3321:22 3207:3; 3306:4; 3313:17; poor [1] - 3010:23 3041:7 power [1] - 3016:17 3314:3, 10 populated [1] - 3040:22 Prentice [2] - 3247:13, 25 PowerPoint [5] - 3169:22; played [2] - 3038:11; 3073:1 population [15] - 3111:8; preparation [3] - 2992:10; playing [1] - 3069:12 3112:10; 3114:13; 3115:9; 3170:8, 11, 14; 3172:3 3013:5; 3014:18 powers [1] - 3037:18 pleasure [1] - 3097:5 3116:13, 20, 22; 3117:7; prepare [2] - 3104:17; 3122:5 Powley [3] - 3039:12; plug [2] - 3082:22; 3088:3 3147:19; 3236:18; 3324:1, prepared [13] - 2990:25; plus [1] - 3049:5 10, 15 3040:16; 3049:15 3096:7, 25; 3102:17; pocket [1] - 3084:21 Population [2] - 3097:11; practical [1] - 3145:23 3103:2, 17, 23; 3104:2, 5; poignant [1] - 3018:25 3146:14 practices [1] - 3009:6 3105:12; 3122:7; 3256:6; point [49] - 2996:23; populations [5] - 3035:9; practising [2] - 3045:12; 3262:17 3075:12 3000:10, 22; 3006:8, 12; 3116:14; 3118:5; 3157:5; preparing [5] - 3020:22; 3017:1, 11; 3018:6; 3237:1 prairie [2] - 3034:16; 3096:17 3032:4; 3089:24; 3194:1 3036:10; 3039:13; populations..." [1] - 3117:22 Prairie [6] - 2979:4; 3043:7; prerequisites [1] - 3250:1 3096:15; 3103:11, 14; 3050:22; 3071:10; portion [3] - 3145:7; presence [1] - 3074:7 3194:11 3080:10; 3089:25; 3100:9; 3249:18, 20 present [12] - 2991:4; 3111:10; 3113:17, 21; portions [2] - 3032:4; pre [1] - 3129:7 3090:13; 3092:19; 3116:4, 25; 3137:23; 3147:11 Pre [1] - 3143:3 3094:13; 3171:4; 3173:1; 3138:23; 3139:2, 13; position [19] - 3044:1; pre-1960 [1] - 3190:14 3191:7; 3232:9; 3270:3; 3144:14; 3151:17; 3188:3; 3046:12; 3047:14; pre-development [1] - 3284:9; 3304:15, 22 3198:20; 3224:18; 3225:7; 3049:12; 3051:12; 3129:7 PRESENTATION [2] -

Realtime Connection - the Realtime EXPERTS - [email protected] 35 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

2980:16; 2991:7 probability [1] - 3269:2 3210:8 3027:13; 3028:12; presentation [10] - 2994:6, probablistic [1] - 3266:23 productive [4] - 2999:8; 3029:22; 3030:6, 11; 11, 16, 23; 2995:1, 3; problem [2] - 3159:25; 3281:25; 3282:5, 13 3056:3; 3058:2; 3061:3, 3074:6; 3092:17; 3181:12; 3242:3 productivity [17] - 3204:24; 16, 20; 3062:8, 17, 21; 3182:23 problematic [1] - 2999:8 3205:18; 3209:12; 3228:9; 3064:4, 8; 3069:8, 24; presentations [5] - 2993:17; problems [4] - 3053:14; 3230:18; 3235:9; 3236:3; 3071:13; 3072:21; 3073:7; 3091:21; 3092:3, 8, 18 3269:17, 24; 3270:5 3281:16-18, 22; 3283:25; 3077:15; 3078:8; 3097:4; presented [17] - 2992:3; procedure [1] - 3093:12 3285:19; 3286:12, 14; 3100:15; 3101:5; 3102:21; 2995:8; 3002:21; 3091:13; proceed [9] - 3088:4; 3287:5 3103:1; 3106:2, 20; 3096:6; 3163:19; 3168:12; 3089:25; 3091:5; 3093:3, professional [3] - 3119:25; 3107:8; 3108:4; 3109:3, 5; 3169:14; 3180:20; 10; 3130:22; 3164:5; 3125:25; 3133:7 3118:20; 3119:24; 3124:1; 3181:10; 3183:1; 3191:15; 3194:21; 3292:13 proffered [1] - 3133:8 3133:2, 9; 3137:15; 3193:25; 3196:14; 3197:5 PROCEEDING [1] - 2982:19 Program [7] - 2994:3; 3138:19; 3139:20; presenting [5] - 3067:7, 9; proceeding [3] - 2987:18; 3023:4; 3097:17; 3098:14; 3141:23; 3149:10; 3151:2; 3095:9; 3151:20; 3290:14 3163:21; 3326:7 3099:18; 3103:14; 3174:25 3162:6; 3164:4, 11, 23; presently [1] - 3207:9 PROCEEDINGS [6] - PROGRAM [4] - 2986:4; 3165:2, 8; 3169:7, 18; preserving [2] - 3117:6; 2976:15; 2980:1; 2981:1; 3261:6 3172:21, 23; 3173:20; 3126:10 2982:1, 5 program [31] - 3156:15; 3174:3; 3186:6; 3205:14, 23; 3206:7; 3207:19; President [1] - 3040:14 proceedings [9] - 2988:4; 3157:3; 3175:2, 9, 11; president [10] - 2988:23; 3090:23; 3100:17; 3180:17; 3197:21; 3204:9, 3210:25; 3212:11, 13, 16; 2990:3; 3007:11; 3028:9; 3103:17; 3107:25; 14; 3244:25; 3245:4, 14; 3213:16; 3215:10; 3218:5; 3034:2; 3035:25; 3037:2; 3120:19; 3327:7, 10 3250:25; 3251:3, 14; 3220:17; 3225:1; 3231:3; 3233:13; 3238:24; 3242:5, 3039:2; 3053:17; 3081:19 Process [1] - 3042:15 3257:5, 18; 3258:10; 22; 3247:8; 3267:7, 14; presidents [1] - 3036:25 process [48] - 2992:14; 3260:24; 3306:7; 3308:10, 3271:2; 3280:2; 3282:15; PRESS [2] - 2983:17; 3016:18; 3018:15; 25; 3310:22; 3311:10; 3201:14 3039:24; 3042:11; 3319:5; 3324:25; 3325:6, 3283:21; 3291:2; 3292:6, 13, 16, 22, 24; 3294:10; presumably [5] - 3058:13; 3046:13; 3047:15, 24; 13 3063:24; 3309:1; 3310:4; 3049:7; 3066:1; 3077:23; programs [5] - 3037:8; 3296:3; 3298:9, 13; 3325:16 3082:16; 3101:10; 3102:5, 3038:5; 3251:20; 3252:6; 3299:19, 22; 3300:4; 3301:10; 3305:19; 3318:16 presume [2] - 3057:23; 7; 3112:20; 3139:24; 3310:16 3182:11 3140:2, 10, 17; 3146:13; progress [2] - 3163:12, 17 Project's [1] - 3208:8 Project-specific [1] - presuming [1] - 3073:2 3156:11, 16; 3157:11; prohibited [1] - 3228:1 3029:22 pretty [4] - 3056:7; 3065:20; 3160:6; 3161:17; 3185:22; prohibits [1] - 3321:11 3092:16; 3243:13 3194:7; 3195:21; 3197:20, PROJECT [3] - 2976:2; project-specific [11] - 3005:8; 3011:3; 3012:19; prevent [2] - 3139:25; 24; 3221:9, 11, 14; 2983:8; 3119:4 3019:2; 3059:12; 3068:18, 3140:10 3239:24; 3246:6; 3249:5, project [50] - 2989:6; 22; 3155:11; 3169:13; previous [4] - 3001:13; 16; 3267:4; 3293:2; 2995:14; 3005:8; 3011:3; 3002:2; 3154:1; 3187:24 3307:22; 3308:12, 18; 3012:19; 3014:23; 3019:2; 3210:17; 3313:22 projected [1] - 3217:21 previously [1] - 3129:4 3309:12; 3310:6, 8; 3023:2; 3024:6, 16; projections [1] - 3217:9 Price [1] - 3219:2 3312:9, 12 3029:5; 3033:1, 4, 6, 12; projects [17] - 2991:24; Price's [2] - 3221:3; 3222:1 process-affected [2] - 3059:12; 3062:3; 3063:13; 3012:13; 3018:24; 3042:2; primarily [11] - 2990:22; 3140:2; 3307:22 3068:18, 22; 3084:2; 3069:20; 3105:12; 2994:16; 3019:2, 8; processes [3] - 3013:13; 3105:17; 3113:24; 3166:15; 3205:2; 3237:13; 3026:3; 3028:21; 3036:12; 3014:15; 3082:21 3127:22; 3134:17; 3240:1, 11; 3241:20; 3077:7; 3147:18; 3189:3, produce [7] - 3066:20; 3137:13; 3143:14; 3243:2, 5; 3286:9; 3315:19 16 3069:2; 3094:1, 25; 3144:25; 3155:11; Projects [3] - 3098:1; primary [6] - 3024:11; 3170:15; 3192:2; 3287:6 3164:21; 3165:11; 3238:11, 22 3185:19; 3196:6, 9; PRODUCE [2] - 2985:14; 3169:13; 3194:13, 18, 20; PROJECTS [2] - 2984:4; 3203:1; 3206:4 3192:15 3196:1, 10; 3204:19; 3238:16 Prime [1] - 3034:23 produced [11] - 2996:20; 3210:17; 3240:10, 16-17; promoting [1] - 3045:16 prime [3] - 3025:17; 3040:4; 3012:21; 3051:11; 3259:12; 3296:5; 3298:12; pronged [1] - 3161:4 3051:9 3062:17; 3095:2; 3167:9; 3308:7; 3309:23; 3313:22; 3318:1 pronounced [1] - 3058:19 Primrose [1] - 3079:11 3170:11; 3180:3; 3247:19; Project [118] - 2989:9; pronouncing [1] - 3105:21 principles [5] - 3042:21; 3252:1; 3259:4 3052:5; 3082:8, 10; PRODUCERS [4] - 2984:8; 2991:10; 2992:3; 2995:16; propagate [1] - 3264:24 3114:16 2985:19; 3256:15; 3262:3 2996:25; 2997:6, 9; proper [4] - 3050:10, 23; 3004:4, 15; 3005:24; 3076:8; 3317:9 priorities [1] - 3197:22 Producers [1] - 3253:7 3009:18; 3010:4; 3011:15; properly [3] - 3086:18; priority [2] - 3183:5; 3313:1 producing [2] - 3094:5; 3012:15, 20; 3013:7; 3217:24; 3234:23 privy [2] - 3166:18; 3290:3 3251:5 3014:7; 3015:16; 3016:2; proponent [5] - 3285:15; probabilistic [1] - 3269:5 production [2] - 3093:6;

Realtime Connection - the Realtime EXPERTS - [email protected] 36 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

3293:20; 3305:18; 3174:3, 11; 3200:10; provisions [1] - 3309:17 3061:20; 3098:15, 22-23; 3309:23; 3317:22 3222:8; 3236:2; 3253:12; proviso [1] - 3181:25 3099:4, 11; 3100:2, 7; Proponent [6] - 2994:20; 3256:9; 3257:18; 3258:2; proximity [1] - 3183:25 3106:10, 25; 3109:1, 8-9; 3084:5; 3151:18, 23; 3281:15; 3288:16; 3289:4, prudent [1] - 3267:8 3158:6; 3159:5, 9; 3160:8, 3168:1; 3318:15 7; 3291:24; 3293:10; public [5] - 2991:20; 12, 24; 3177:3, 5; 3213:22; proponent's [1] - 3317:12 3296:5, 7, 25; 3299:18; 3009:15; 3230:19; 3214:9, 24; 3251:24; proponents [3] - 3257:1; 3322:1 3251:10; 3257:18 3252:7; 3312:19 3285:11; 3317:9 provided [38] - 2994:8, 17, PUBLICATION [2] - 2985:12; Quality [2] - 3099:21; Proponents [1] - 3020:22 19-20; 2996:12; 2999:19; 3192:11 3161:24 proportions [1] - 3009:4 3002:12; 3005:9, 22; publication [6] - 3180:3, 6; quantified [1] - 3209:13 proposal [7] - 3091:5; 3014:24; 3020:13; 3191:12; 3192:3; 3197:1 quantify [2] - 3234:17; 3194:19; 3228:16; 3031:16; 3039:18; publicly [5] - 2995:21; 3265:6 3229:14; 3231:23; 3278:24 3052:20; 3068:10, 12, 14, 3007:1; 3153:20; 3258:11; quantity [2] - 3101:19; proposals [1] - 3222:19 17; 3069:18; 3071:12; 3290:23 3190:11 propose [6] - 3091:25; 3072:19, 25; 3074:22; published [7] - 3183:15; quarter [1] - 3104:20 3092:22; 3093:3; 3284:10; 3082:20; 3091:23; 3196:22, 24; 3199:23; Quebec [3] - 3048:11, 14, 16 3290:9 3128:25; 3137:6; 3147:14; 3201:7; 3238:11; 3252:16 Quebec's [1] - 3049:2 PROPOSED [1] - 2976:2 3199:16; 3204:10; pull [6] - 2996:9; 3056:11; Queen's [1] - 3076:16 proposed [29] - 2995:16; 3224:12, 15; 3228:17; 3057:10; 3059:18; questioned [3] - 3002:15; 3015:16; 3084:3; 3164:23; 3235:15; 3259:6; 3288:20; 3110:11; 3183:11 3094:19; 3276:21 3174:5; 3186:14; 3194:20; 3290:7; 3298:7 pulled [1] - 3023:6 questioning [12] - 3049:25; 3207:9; 3215:10; 3229:11; provides [7] - 3048:4; pulling [2] - 2995:9; 3316:10 3064:14; 3066:16; 3230:3; 3273:14; 3280:1; 3060:6; 3084:17; 3100:13; pumping [1] - 3277:21 3104:10; 3110:2; 3113:17; 3138:2; 3277:17; 3288:2 3282:19; 3283:8, 10; purchase [1] - 3013:9 3115:14; 3130:19; providing [7] - 3064:15; 3284:2, 5; 3293:10, 20; purchased [1] - 3001:11 3162:22; 3207:13; 3066:6; 3100:16; 3148:10; 3298:12, 15, 17; 3299:20; Purdy [2] - 2979:2 3263:16; 3283:23 3156:19; 3219:6; 3292:24 3300:6, 18; 3305:21 pure [1] - 3161:4 questions [76] - 3001:14; Province [18] - 3037:15; proposes [1] - 3228:25 purporting [1] - 3035:16 3018:2; 3055:7, 13, 15, 19; 3038:19, 25; 3039:4; proposing [2] - 3090:13; purports [1] - 3000:2 3056:10; 3065:2; 3073:20; 3040:13; 3041:2, 8, 18; 3305:3 purpose [9] - 3048:13; 3074:3; 3086:7, 11; 3054:1; 3148:8, 13, 22; protect [13] - 3113:6; 3114:4, 3092:9; 3113:3, 6; 3090:12; 3092:23; 3094:6, 3156:8, 19; 3288:23; 10, 12; 3115:8; 3141:18, 3138:25; 3205:17; 16; 3095:1, 9; 3097:1, 12, 3289:9; 3299:12, 16 24; 3147:25; 3148:17; 3215:22; 3290:20 21; 3098:2, 12, 22; 3099:2, province [16] - 3036:7, 9, 13, 3206:5; 3239:24; 3297:9; purposes [10] - 3040:25; 8, 16, 22; 3100:3, 7, 18; 17-18; 3039:15, 18; 3298:4 3112:24; 3113:11; 3114:8, 3101:12; 3103:2, 19; 3040:22; 3041:21; 3044:3; protecting [1] - 3312:24 16, 19; 3152:11; 3225:8 3104:6; 3105:6; 3107:15; 3051:1, 3; 3054:24; protection [3] - 3146:16, 21; pursue [2] - 3037:5, 22 3108:3; 3115:19; 3119:22; 3080:19 3121:17; 3129:16; 3147:8 pursuit [1] - 3037:20 PROVINCE [2] - 2986:9; 3143:15; 3154:10; Protection [4] - 3096:14; pursuits [1] - 3281:6 3289:16 3171:25; 3172:13, 16; 3103:14; 3194:10; 3309:18 pushed [1] - 3014:1 Provinces [2] - 3036:14; 3175:17, 20; 3179:4; protections [2] - 3146:22; pushing [3] - 3044:17; 3327:4 3195:19; 3202:25; 3147:13 3270:13 provinces [6] - 3036:2; 3214:10; 3218:23; 3230:8, protective [1] - 3161:24 put [24] - 3016:6; 3027:23; 3039:6; 3044:19; 3085:11; 11; 3233:20; 3239:2; Protocol [1] - 3042:3 3046:18; 3047:9; 3065:19; 3096:18; 3288:3 3262:22, 25; 3263:24; protocol [1] - 3044:12 3069:23; 3134:4; 3136:23; Provincial [5] - 3002:11; 3264:3; 3270:22, 25; proven [1] - 3323:15 3165:24; 3166:16; 3173:4; 3030:23; 3039:25; 3277:24; 3278:12, 14, 16, PROVIDE [2] - 2986:8; 3177:23; 3181:6; 3187:4; 3043:10; 3081:14 19; 3279:2, 6; 3284:8, 10; 3289:14 3201:4; 3204:17; 3220:9; provincial [22] - 3036:11, 17; 3289:18; 3291:15; 3302:7 provide [58] - 2994:10, 13; 3224:10; 3244:22; 3044:2; 3047:2; 3051:21; QUESTIONS [2] - 2980:21; 2995:19, 22; 2997:8, 20; 3263:20; 3267:5; 3279:19; 3053:6, 11; 3054:10; 3073:24 3006:19, 23; 3010:10; 3286:3; 3295:14 3077:1; 3081:9; 3082:9, quick [6] - 3055:25; 3105:23; 3017:6; 3031:3; 3045:22; putting [3] - 3231:25; 18; 3083:4, 10; 3085:7, 13, 3132:5, 11; 3146:10; 3057:5; 3059:10, 16; 3232:2; 3290:21 3061:4; 3065:23; 3066:4, 23; 3147:15, 20; 3148:7; 3247:22 3156:7; 3158:2 19; 3067:25; 3068:6, 23; Q quicker [1] - 3111:13 3074:16, 18, 20; 3075:7; provincially [2] - 3080:6; quickly [1] - 3146:9 3086:17; 3097:3; 3127:24; 3148:6 quiescent [4] - 3276:2, 22, 3137:24; 3139:1; 3146:16, provision [3] - 3034:22; Q.C [4] - 2978:2, 8, 21; 24; 3277:7 21; 3149:22; 3153:18; 3133:5; 3288:11 2979:2 quiet [2] - 3277:19, 22 3160:18; 3172:21; 3173:5; provisional [2] - 3035:15, 18 quality [29] - 3060:14; quite [17] - 3004:1; 3022:12;

Realtime Connection - the Realtime EXPERTS - [email protected] 37 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

3024:7; 3029:21; 3040:7; 3304:21 3295:14; 3313:3, 12, 3204:3, 7; 3205:24; 3041:4; 3054:21; 3058:10; re-designed [1] - 3304:21 14-15, 20; 3320:3; 3323:16 3206:6, 15; 3218:10; 3077:11; 3082:24; 3085:2; re-direct [2] - 3086:12 realm [2] - 3173:8; 3259:24 3220:25; 3221:21; 3225:8; 3115:15; 3117:15; 3174:7; re-examination [1] - 3131:8 REALTIME [1] - 2979:14 3255:1, 7; 3301:11; 3197:8; 3295:24; 3302:5 re-run [3] - 3266:5; 3267:12; Realtime [2] - 3327:4, 20 3303:8; 3304:2, 7, 24; quote [1] - 3027:24 3269:20 realtime [1] - 2979:15 3308:16, 24; 3309:6, 14, quoted [1] - 3091:12 reach [1] - 3276:16 rear [1] - 3098:18 16 quoting [1] - 2997:13 reached [5] - 3109:20; reason [14] - 3011:20; recommendations [52] - 3122:11; 3277:5; 3288:4; 3017:17; 3046:4; 3181:1, 3139:6, 10; 3140:21; R 3304:14 6; 3200:7; 3228:16; 3153:23; 3154:1; 3195:25; reaches [3] - 3161:16; 3231:16; 3239:6; 3272:25; 3206:1; 3219:4; 3242:1; 3203:15, 19 3285:10, 20; 3304:19; 3245:6; 3259:22; 3266:7, R.S.A [2] - 2976:7 reaching [2] - 3306:19; 3325:5 10; 3291:18, 24; 3292:2, radius [1] - 3187:3 3317:5 reasonable [3] - 3093:12; 4-5, 10, 12-14; 3293:7, 13, Rail [1] - 3154:24 reaction [1] - 3186:1 3181:24; 3215:22 17, 22; 3294:3, 12, 14; rail [2] - 3155:6; 3157:5 reactions [3] - 3184:22, 25 reasons [3] - 3111:17; 3295:25; 3298:7; 3300:9, raise [5] - 3066:18; 3094:16; reactive [4] - 3184:19; 3126:14; 3241:3 13; 3302:8, 25; 3303:13; 3108:9; 3151:24; 3263:23 3185:1; 3186:2 rebuttal [10] - 3059:10, 15; 3308:11, 14; 3309:11; raised [17] - 3002:6; 3003:2; read [28] - 3022:24; 3026:24; 3064:20; 3065:18, 23; 3310:1, 5, 7, 13, 21; 3004:4, 11; 3016:14; 3031:24; 3044:21; 3066:5; 3067:7, 18; 3312:9, 16, 22; 3313:22; 3059:3; 3066:11; 3090:22, 3054:18; 3060:12, 24; 3122:15; 3263:21 3315:8, 11, 25 24; 3094:22; 3105:8; 3061:2; 3065:21; 3110:15; RECALLED [2] - 2980:6; recommended [8] - 3154:19; 3212:18; 3252:7; 3279:12; 3113:13; 3127:4; 3142:9; 2988:13 3157:25; 3220:20; 3281:2 3151:11; 3155:13; receive [3] - 3093:4, 9; 3225:18, 20, 23; 3226:5; raises [1] - 3045:23 3158:25; 3159:23; 3153:15 3267:11 raising [1] - 3279:20 3170:25; 3182:11; received [2] - 3046:22; RECOMMENDED [2] - RAMP [17] - 3233:21; 3234:4, 3190:16; 3213:10; 3244:6; 3154:3 2985:17; 3226:10 13, 22; 3237:6; 3244:5; 3259:9; 3276:8; 3284:13; receiving [3] - 3047:3; recommending [3] - 3250:12; 3251:14; 3254:2, 3308:16; 3309:7 3191:4; 3201:3 3150:19; 3151:17; 3303:6 4, 17; 3255:1; 3256:1; readily [1] - 3258:11 recent [7] - 2987:9; 3019:4; recommends [2] - 3295:5; 3257:2; 3261:21 reading [10] - 3005:18; 3039:7; 3181:10; 3190:25; 3307:19 ramp [1] - 3225:6 3020:2; 3024:11; 3061:13; 3220:4; 3253:6 reconcile [1] - 3164:22 ramping [1] - 3217:17 3081:17; 3108:1; 3121:12; recently [4] - 2992:21; reconvene [1] - 3088:5 Range [7] - 3079:12; 3116:8, 3159:18; 3239:17 3036:2; 3040:10; 3133:20 RECONVENED [2] - 2982:5, 11; 3117:3; 3143:1, 7, 11 readjusted [1] - 3224:10 reclaim [2] - 3124:14; 16 range [14] - 3079:17; reads [2] - 3144:20; 3145:21 3135:18 reconvened [2] - 3120:20; 3116:20; 3123:9; 3126:21; ready [2] - 3088:4; 3104:16 reclaimed [8] - 3124:25; 3263:8 3160:7; 3170:6; 3185:11; Real [1] - 3028:15 3126:13; 3127:8, 18, 23; record [28] - 2988:4; 3205:5; 3213:14; 3221:14; real [4] - 3017:1; 3241:5; 3128:23; 3129:5 2999:11, 14; 3000:23; 3224:22; 3230:16; 3269:5; 3318:3; 3322:25 reclamation [10] - 3123:23; 3007:20, 25; 3009:15; 3276:11 realistically [1] - 3160:18 3124:8, 12, 17, 19; 3125:1, 3026:22; 3065:15, 19; ranges [4] - 3076:3; 3146:19; 3067:4, 15; 3068:13; reality [7] - 2996:11; 3061:2; 5, 8, 21; 3128:4 3147:6, 19 3062:22; 3071:11; recognition [1] - 3044:15 3069:24; 3071:7; 3073:17; Rangi [1] - 2978:13 3074:23; 3082:25 recognize [1] - 3125:7 3086:20, 25; 3087:2, 8; rapid [1] - 3184:21 3094:24; 3095:20; 3108:2; realize [4] - 3146:11; recognized [1] - 3248:25 rapidly [2] - 3185:2; 3249:6 3130:15; 3143:16; 3151:11, 13; 3167:5 recognizing [1] - 3150:4 rare [1] - 3136:10 3152:17; 3178:4; 3222:9 really [47] - 2996:9, 15; recolonize [1] - 3124:21 rate [6] - 3111:11, 13; RECORD [2] - 2985:10; 3010:7; 3021:10; 3022:5, recommend [7] - 3138:18; 3140:23; 3141:12; 3210:8 24; 3050:21; 3053:23; 3139:13; 3151:16; 3178:10 rather [5] - 3067:16; 3113:18; 3055:8; 3071:14; 3072:21; 3294:23; 3295:6, 18; recording [1] - 3061:6 3217:21; 3260:11; 3265:15 3074:20; 3083:4; 3092:19; 3302:12 records [2] - 3067:13; 3073:6 rationale [1] - 3257:17 Recovery [12] - 3098:1; 3113:15, 19; 3140:23; Recommendation [7] - ratios [3] - 3233:5; 3285:10, 3142:8; 3150:6; 3166:19; 3150:23; 3203:5; 3294:17, 3146:15, 24; 3147:1, 3, 19; 20 3168:15; 3170:9; 3172:15; 19; 3297:19; 3300:15; 3148:9, 11, 14, 18, 20, 24 raw [2] - 3258:18 3187:14; 3194:17; 3200:9; 3302:8 recovery [4] - 3098:3; Ray [3] - 2979:2; 3029:16 3146:12; 3148:4 3210:14; 3221:15; recommendation [34] - RCR [3] - 2979:15; 3327:3, 3234:17; 3246:16; 3133:14; 3137:5, 18; recreation [1] - 3255:18 19 3262:10; 3269:19; 3139:12; 3150:23, 25; recreational [1] - 3236:12 re [7] - 3086:12; 3131:8; 3287:20; 3290:13; 3151:8, 12; 3152:2; Redclay [1] - 3284:5 3266:5; 3267:12; 3269:20; 3292:10, 23; 3293:4, 6; 3168:11; 3203:8, 11; reduce [10] - 3000:20;

Realtime Connection - the Realtime EXPERTS - [email protected] 38 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

3123:24; 3163:1; 3168:5, regardless [10] - 3145:2, 13; registering [4] - 2979:5, 10 remain [3] - 3281:7, 10, 14 22; 3230:1; 3266:18, 20; 3212:15; 3229:6; 3286:8; Registry [1] - 3175:21 remainder [1] - 3298:21 3267:2; 3307:23 3308:21; 3309:5, 9, 12, 22 regular [2] - 3192:21; remained [1] - 3223:2 reduced [3] - 3004:10; regards [3] - 2993:20; 3272:10 remaining [2] - 3281:7; 3235:23; 3285:4 3148:8, 24 regularly [3] - 3176:12; 3282:12 reduces [1] - 3000:4 Reggie [1] - 3029:24 3272:7 remains [3] - 3204:13; reducible [2] - 3266:22, 24 region [44] - 2990:3; regulation [1] - 3165:10 3281:25; 3282:5 reducing [1] - 3210:24 2991:22; 2992:20; regulations [17] - 3141:21; remarks [2] - 3121:8; 3123:8 reduction [6] - 3106:5, 9, 21, 2994:14, 21; 2999:24; 3164:17; 3165:5, 18-19, remember [9] - 3041:10; 24; 3107:9; 3108:21 3005:16; 3008:15; 23-24; 3166:3, 13, 16, 18, 3072:12, 15, 24; 3218:20; reductions [3] - 3168:17, 19; 3014:21; 3015:11, 20; 23; 3167:5, 15; 3169:10, 3221:7; 3244:12; 3289:23 3208:21 3017:10, 12; 3019:10; 12 remembers [1] - 3003:18 refer [13] - 3034:7; 3067:14; 3023:10, 18; 3024:4, 9, 14; regulator [2] - 3203:2; remind [1] - 3118:18 3071:22; 3091:8; 3093:15; 3029:13; 3039:23; 3206:4 REMINDED [2] - 2980:6; 3110:7; 3113:8; 3152:9; 3065:25; 3069:20; regulatory [4] - 3019:4; 2988:13 3240:24; 3279:3; 3292:7; 3070:11; 3076:7; 3085:6; 3121:20; 3197:25; 3205:13 reminded [1] - 3118:5 3299:7 3096:17; 3142:17; reinforce [1] - 3145:25 removal [5] - 3227:17; reference [19] - 3028:6; 3154:24; 3200:20; reiterate [1] - 2999:11 3228:20; 3284:17; 3299:3 3048:11; 3072:3; 3114:23; 3209:15; 3216:16; 3230:7; relate [1] - 3215:8 remove [4] - 3126:11; 3128:18, 20; 3142:24; 3251:25; 3252:25; 3253:1; related [27] - 2995:8; 3229:14; 3260:15 3143:18; 3154:15; 3254:3; 3255:3; 3260:10; 3002:15; 3062:2; 3063:11; removed [1] - 3286:5 3272:7, 17; 3311:13; 3207:14; 3234:9; 3236:19; 3103:2; 3118:6; 3179:4; removing [5] - 3000:5; 3239:4; 3300:11; 3301:4; 3313:6 3185:17; 3198:2; 3201:25; 3227:16; 3228:11, 24 REGION [22] - 2980:5, 9-10, 3314:24; 3317:14; 3204:14; 3236:2; 3243:1; renewable [1] - 3112:20 12-13, 17-18, 22; 2981:2; 3319:24; 3322:1 3252:16; 3255:2, 16, 18; repatriation [1] - 3034:19 2988:11; 2989:21; referenced [10] - 3029:10; 3256:8; 3264:20; 3280:7, repeat [6] - 3131:13; 3030:3; 3032:1; 3072:13; 2990:12; 3055:21, 23; 9; 3281:3; 3283:3, 6, 24; 3159:11; 3190:19; 3152:11, 15; 3162:24; 3073:24; 3074:1 3292:6 3217:25; 3300:10; 3309:8 Region [27] - 2978:19; 3291:10, 22 relates [7] - 3091:15; 3094:4; repeated [2] - 3052:25; references [2] - 3123:18; 2992:16; 2993:4; 2994:1, 3108:3; 3160:23; 3188:22; 3157:4 8; 3018:1; 3019:1; 3020:8; 3290:12 3255:6; 3280:5 repeating [1] - 3297:17 3060:16; 3061:4; 3064:6; referencing [1] - 3071:24 relating [6] - 2989:9; rephrase [2] - 3163:9; 3165:1 3068:21; 3069:4; 3076:1; referendum [1] - 3048:24 3065:18; 3066:4; 3092:24; replace [1] - 3232:6 3077:18; 3080:23; referred [6] - 2993:19; 3094:11; 3105:6 replaced [1] - 3232:13 3027:25; 3035:13; 3096:16; 3103:11, 15; relation [8] - 2997:6; replacement [1] - 3232:11 3086:15; 3087:8; 3186:9 3124:9; 3176:2; 3180:1; 3139:12; 3157:23; replicating [1] - 3189:9 referring [26] - 3026:19, 23; 3183:8; 3194:11; 3198:24; 3162:22; 3165:19; reply [3] - 3066:9; 3219:5; 3234:6 3027:16; 3056:13; 3057:5, 3240:11; 3280:12; 3308:15 3275:17 12; 3067:1; 3110:16; region.. [1] - 3324:3 relationship [4] - 3039:10; REPORT [4] - 2983:22; regional [32] - 2995:14; 3120:4; 3128:6; 3132:18; 3044:13; 3084:18 2985:13; 3192:13; 3237:25 3137:23; 3173:25; 3025:8; 3051:15, 20; relationships [1] - 3083:16 report [71] - 2994:9; 2998:2, 3179:16; 3215:17; 3052:7; 3053:6, 10-11; relative [1] - 3138:6 6; 3001:12; 3004:22; 3225:15; 3237:6; 3254:12; 3077:7, 17, 24; 3080:21, relatively [3] - 3040:20; 3005:6; 3006:4, 16; 3297:11; 3299:4; 3307:8, 24; 3081:9; 3082:9, 17; 3128:12, 14 3020:6, 25; 3021:11; 11; 3309:15; 3310:12; 3083:4, 10; 3085:12, 22; Release [1] - 3175:22 3022:18, 24; 3023:1, 5, 17, 3316:9; 3321:5 3154:25; 3155:12; 3210:4; release [6] - 3165:23; 25; 3024:22; 3026:13; refers [3] - 3141:9; 3240:22; 3234:7; 3237:2; 3245:10; 3176:8; 3185:20; 3225:14; 3027:7, 14-15; 3029:8, 10, 3254:5; 3257:3, 8; 3319:15 3253:23; 3277:12 12, 14; 3030:2, 21; 3031:3; 3313:17; 3318:17, 19 refining [2] - 3187:12, 17 released [5] - 3258:16, 18, 3139:6, 16; 3154:16; Regional [14] - 2979:2; reflects [1] - 3195:24 20; 3259:2; 3264:21 3157:24; 3186:7, 20; 2994:14; 2998:21; refresh [1] - 3001:19 relevance [1] - 2987:18 3191:23; 3192:6; 3201:6; 2999:16, 22; 3031:19; regard [5] - 3091:5; 3095:3; relevant [11] - 3107:24; 3218:24; 3237:14; 3238:8, 3096:13; 3103:9, 13; 3163:17; 3173:11; 3246:20 3108:8; 3134:19; 3135:6; 25; 3241:6; 3243:11, 22; 3136:6, 8; 3137:22; regarding [18] - 2993:18; 3173:2; 3194:4; 3195:18; 3244:5, 10, 18; 3245:20; 3143:13; 3171:21 2995:23; 2998:13; 3006:2; 3197:18; 3198:13; 3299:9 3247:11, 14, 19, 24; regionally [1] - 3080:6 3095:15; 3097:2; 3100:14; reliability [1] - 3270:10 3248:14; 3252:11, 18; regions [1] - 3039:22 3101:12, 18, 23; 3102:6; relied [2] - 3057:1; 3251:14 3284:12, 23; 3289:19, 25; Registered [2] - 2997:19; 3124:19; 3140:16; relies [1] - 3315:25 3290:3, 11-12; 3291:22; 3021:5 3171:13; 3215:2; 3226:22; rely [2] - 3201:5; 3252:22 3292:4; 3293:2; 3306:15; registered [1] - 3021:17 3259:22; 3288:3 relying [1] - 3181:23 3308:20; 3318:20; 3321:8

Realtime Connection - the Realtime EXPERTS - [email protected] 39 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

Report [23] - 2995:6; 3294:22; 3302:11 3047:7; 3076:19; 3112:20; 3162:17 2996:20; 2997:18; require [5] - 3168:9; 3130:2; 3220:22; 3242:19, responses [1] - 3224:12 3000:11; 3001:7; 3002:1; 3209:17, 24; 3249:14; 23 responsibilities [2] - 3006:9, 18; 3008:16; 3308:25 RESOURCES [6] - 2976:3, 6, 3096:23; 3148:21 3011:10; 3026:13; 3030:4; required [8] - 3113:22; 11; 2977:9; 2981:18; responsibility [4] - 3038:16; 3140:22; 3154:16; 3132:25; 3156:18; 3159:3; 3089:9 3044:2; 3119:15; 3305:11 3157:24; 3222:18; 3160:3; 3202:16; 3206:13; Resources [9] - 3021:3; Responsibility [2] - 3144:4, 3237:11; 3238:6; 3241:7; 3319:8 3084:20; 3090:5; 3100:22; 9 3244:20; 3293:1; 3307:15; Required [1] - 3145:19 3101:2, 4; 3103:22; responsible [9] - 3044:6; 3311:2 requirement [5] - 3119:18; 3142:21; 3290:22 3096:20; 3101:7; 3129:25; report's [1] - 3000:13 3144:23; 3260:15; 3306:7; respect [77] - 3026:19; 3144:5, 10; 3194:12; reported [6] - 3009:5; 3310:23 3042:8; 3087:4; 3095:4; 3257:21; 3306:11 3177:9; 3182:13, 17; requirements [4] - 3156:5; 3097:13, 22; 3098:16, 22; rest [3] - 3185:7; 3281:19; 3187:23; 3253:22 3307:5, 7, 9 3099:3, 11, 23; 3100:3, 7; 3286:14 REPORTED [2] - 2985:5; requires [3] - 3157:3; 3112:14; 3118:20; restrict [4] - 3021:21; 3228:7 3177:16 3240:3; 3249:19 3122:17; 3139:14; 3154:1; restricted [1] - 3211:11 Reporter [3] - 3192:8; requiring [1] - 3224:11 3164:25; 3172:17; 3173:2, restriction [2] - 3211:20; 3327:4, 20 reread [1] - 3159:17 16; 3174:16, 23; 3178:16; 3212:14 reporter [3] - 3089:21; resampling [1] - 3268:25 3189:16; 3196:1; 3207:12; restrictions [2] - 3211:14; 3121:4; 3301:17 Research [9] - 3023:4; 3211:3; 3234:14; 3248:14; 3212:1 REPORTER'S [1] - 3327:1 3030:6; 3098:20; 3099:1, 3255:14, 25; 3256:11; result [16] - 3119:12; 3120:1, REPORTING [1] - 2979:14 14, 21; 3186:23; 3199:15; 3257:11; 3261:14, 16; 6; 3183:12; 3207:19, 24; reporting [1] - 3182:23 3272:10 3263:15; 3264:15; 3265:5; 3208:20; 3209:1; 3211:11; Reports [1] - 3001:18 research [62] - 2991:25; 3273:20; 3275:1, 14; 3213:10; 3214:1, 12; reports [18] - 2987:12; 2992:7, 9, 12; 2993:1, 21; 3279:19, 21; 3280:3, 13; 3215:1; 3220:8; 3266:17; 3003:22; 3005:19; 3018:8; 2996:15; 2999:20; 3281:1, 20, 23; 3282:15; 3279:13 3024:12, 20; 3031:8; 3002:10; 3009:22; 3013:2; 3283:21; 3288:18; resulting [1] - 3127:13 3045:24; 3087:6; 3186:10; 3018:10; 3024:11; 3299:22; 3301:10; 3303:1; results [29] - 3155:11, 15; 3199:18; 3244:12; 3245:7, 3028:19; 3029:4; 3030:10; 3305:19; 3308:11, 23; 3156:22; 3180:19; 3181:4, 12; 3252:23; 3259:4, 8 3045:13, 15; 3098:10, 25; 3309:6, 11, 14, 16; 3310:5; 16-17; 3182:1, 24; 3186:1; represent [8] - 3019:14; 3100:12; 3101:22; 3311:24; 3312:19; 3191:6, 16; 3193:13, 15; 3034:6, 10; 3035:4, 20; 3140:22; 3161:6; 3177:3; 3315:10; 3317:6, 13; 3197:7; 3198:18; 3199:3, 3037:21; 3046:11; 3223:16 3179:19; 3180:8, 17, 22, 3318:16; 3319:18; 6; 3202:21; 3233:15; representation [6] - 3010:12; 24; 3182:13; 3191:22; 3320:14; 3321:1, 20; 3247:7; 3251:9; 3252:1; 3053:11; 3085:11; 3192:6; 3193:14, 20, 24; 3322:4 3267:13, 24; 3269:17, 3180:22; 3220:24 3194:3; 3195:14; RESPECT [6] - 2985:8, 10, 23-24; 3319:4 Representative [1] - 3034:9 3196:18-20, 22; 3197:3, 18; 3178:7, 10; 3256:14 RESUME [1] - 2982:19 representatives [1] - 18; 3198:5, 10, 13, 15, 17; respected [1] - 3244:15 resume [4] - 3120:15; 3018:18 3199:18; 3200:22, 24; respecting [2] - 3095:1; 3301:25; 3325:25; 3326:8 represented [2] - 2978:10; 3201:6; 3202:1; 3246:13; 3193:6 returning [2] - 3033:24; 3015:10 3251:23; 3252:8, 12, 15, respective [1] - 3038:15 3094:21 representing [1] - 3094:9 19 respond [5] - 2994:11; REVIEW [4] - 2976:1; represents [4] - 3076:2; RESEARCH [2] - 2985:13; 3080:9; 3097:1; 3245:20; 2985:16; 3226:9 3077:18; 3181:20; 3294:11 3192:13 3259:15 Review [11] - 2977:7; 3101:6; request [12] - 3031:3, 7; researcher [2] - 3033:7; responded [3] - 3116:15; 3203:10; 3220:16; 3130:21; 3155:8; 3157:22; 3202:24 3239:2; 3285:8 3223:20, 22; 3225:10, 23; 3191:24; 3192:17; researchers [1] - 3196:9 respondents [2] - 3009:2, 4 3226:4; 3247:8; 3252:11 3235:19; 3255:23; 3261:1, reserve [1] - 3222:10 responding [1] - 3067:22 review [37] - 2995:5; 2996:9; 21 Reserve [1] - 2992:8 response [24] - 3060:8; 3006:25; 3012:19; 3015:3; REQUEST [6] - 2983:14; reserved [1] - 3048:5 3066:23; 3069:1; 3080:12; 3020:16; 3061:5; 3064:8, 2985:23; 2986:5; 3162:18; reserves [1] - 3043:22 3116:10; 3117:5; 3132:5; 16; 3066:22; 3070:6; 3256:21; 3261:8 reservoirs [1] - 3227:9 3154:3; 3155:10; 3158:10, 3071:12, 20; 3092:9; Request [7] - 2995:7; reside [1] - 3084:15 16, 24; 3219:16; 3221:3; 3101:8; 3102:21; 3103:1; 3153:25; 3154:5, 11; Residential [1] - 3042:6 3222:18; 3224:13; 3105:17; 3152:2; 3154:22; 3157:16; 3162:13; 3195:20 residual [2] - 3135:4; 3245:11, 16; 3275:16; 3168:17; 3174:3; 3194:13, requested [2] - 3156:9; 3209:10 3276:8; 3277:9; 3281:1; 19; 3195:5, 17, 19; 3196:2, 3283:23; 3325:13 3158:9 resilience [1] - 3324:17 8, 11; 3212:4; 3236:15; Response [4] - 2998:2; requesting [2] - 3260:14; resolved [1] - 3048:19 3238:19; 3292:24; 3154:4; 3162:12; 3222:1 3304:17 resort [1] - 3134:12 3293:10, 23 RESPONSE [2] - 2983:13; requests [3] - 3197:21; resources [8] - 3015:21; reviewed [22] - 2993:14, 23;

Realtime Connection - the Realtime EXPERTS - [email protected] 40 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

3012:10; 3056:3, 23; 20-21; 3204:5, 25; 3207:1, samples [10] - 3182:14, 19, 3273:9, 15, 17; 3274:23 3069:23; 3070:16; 3071:9, 6-7, 18; 3208:7, 22; 21; 3187:2, 11, 22; scenarios [2] - 3217:16; 14; 3073:6, 11; 3105:11; 3210:16; 3213:2; 3214:13; 3188:23; 3189:2, 4 3273:10 3109:11; 3196:24; 3201:7; 3215:14; 3219:22; 3220:4; sampling [4] - 3198:23; schedule [1] - 3120:24 3214:8; 3234:10; 3243:21; 3223:5; 3225:11; 3232:2, 3199:5; 3236:23; 3251:3 SCHEDULING [2] - 2982:6; 3251:7; 3278:23; 3293:19 17; 3242:13, 20; 3275:25; sand [2] - 3073:1; 3125:1 3120:22 reviewing [3] - 3009:14; 3279:9, 23; 3280:4, 8; Sander [1] - 2978:2 Schindler [2] - 3091:12; 3195:9; 3283:9 3281:25; 3282:2, 5; Sands [21] - 2979:1; 3023:4; 3189:1 Reviews [1] - 3225:18 3283:13, 25 3030:6; 3098:13; 3099:17; Schindler's [2] - 3263:15, 21 reviews [2] - 3009:12; RIVER [2] - 2983:23; 3238:2 3105:4; 3124:9; 3154:4, school [2] - 3011:22; 3062:11 rivers [3] - 3214:1, 15; 15; 3162:12; 3176:2; 3054:20 revised [1] - 3288:1 3258:20 3180:1; 3183:8; 3198:24; Schools [1] - 3042:6 RFMAs [1] - 2997:19 road [2] - 3045:4; 3075:14 3234:5; 3238:10, 22; SCIENCE [4] - 2983:21; RICHARD [2] - 2981:17; Road [1] - 3193:9 3243:17; 3247:16, 21; 3237:25; 3238:1 3089:6 Robert [1] - 2977:11 3314:5 Science [2] - 3222:17; Richard [2] - 3058:22; role [14] - 3024:1; 3035:25; SANDS [7] - 2976:8; 2984:4, 3225:22 3097:18 3036:4; 3037:4; 3038:10; 7; 2985:5; 3177:17; science [12] - 3195:4, 16; Rick [1] - 2990:2 3077:22; 3174:7; 3207:4; 3238:16; 3248:10 3197:19, 21, 23-24; Rights [13] - 3028:19; 3254:2; 3291:24; 3306:4; sands [42] - 3073:2; 3102:4; 3211:8; 3212:4; 3221:15; 3038:21; 3045:15; 3049:4; 3315:15; 3317:9, 15 3105:12, 19; 3154:24; 3224:23; 3225:5; 3307:6 3300:24; 3306:23; 3307:4; roles [3] - 3096:23; 3148:21; 3160:5; 3165:20, 25; science-based [1] - 3225:5 3311:19; 3312:2, 5, 25; 3254:16 3166:7, 15; 3169:8; scientific [18] - 3090:9; 3313:8; 3314:24 rolled [2] - 3067:5; 3246:22 3175:20; 3177:9; 3180:16; 3092:10; 3094:6; 3173:7; rights [17] - 3007:13; rolling [1] - 3273:2 3187:11; 3194:4; 3198:8; 3177:2, 5; 3182:2, 7; 3034:24; 3040:3, 18; Ron [2] - 3098:6; 3129:15 3202:6; 3203:24; 3206:23; 3196:24; 3197:1; 3251:1, 3042:9; 3043:21, 24; RON [2] - 2981:12; 3088:21 3219:4; 3224:25; 3236:11; 6, 9; 3252:12, 15; 3256:8; 3045:16; 3046:5; 3047:6, Rothwell [1] - 2978:23 3237:13; 3241:20; 3243:2, 3322:18 9; 3052:17; 3076:9, 18; roughly [2] - 2994:25; 3058:3 5, 15; 3249:7; 3251:24; SCIENTIFIC [2] - 2985:16; 3080:22, 24 round [1] - 3047:17 3252:17; 3257:19; 3226:9 rights-bearing [1] - 3080:24 routes [1] - 3126:22 3260:20; 3296:4; 3297:1; Scientific [10] - 3222:23; ring [1] - 3018:3 row [1] - 3102:23 3311:13; 3313:6; 3315:15; 3223:7, 19, 22; 3224:1; rise [3] - 3190:13; 3290:6, 16 RPR [3] - 2979:15; 3327:3, 3316:1; 3317:16; 3324:3; 3225:10, 18; 3226:4; Risk [13] - 3115:2, 4, 7; 19 3325:3 3237:21; 3252:10 3131:15; 3132:2, 13; RSA [5] - 2995:11; 2999:21; SARA [7] - 3119:17; 3143:9, scientifically [1] - 3196:23 3143:22; 3144:1, 7; 3028:11; 3136:21; 3171:21 19, 21; 3144:13, 23; scientist [6] - 3061:12; 3145:25 3146:23, 25; 3309:18 rules [3] - 3041:3; 3228:3 3098:10, 25; 3101:22; SARA-CEAA [2] - 3143:19, RISK [2] - 2983:10; 3152:25 run [12] - 3048:1; 3056:19; 3179:19; 3299:6 risk [40] - 3060:17; 3061:20; 3064:20; 3253:20; 21 scientists [12] - 3092:3, 9; 3097:21; 3114:24; 3117:8, 3265:14, 23, 25; 3266:5; Saskatchewan [20] - 3094:5; 3101:11; 3161:6; 11; 3118:7; 3119:7, 9, 19; 3267:12; 3268:24; 3269:7, 3035:19; 3036:15, 22; 3174:11; 3179:22; 3200:3; 3120:5, 7, 10; 3124:2, 15, 20 3040:20; 3041:6, 13; 3224:2; 3230:23; 3244:15; 3045:3, 7; 3046:2; 20; 3125:19; 3126:10, 12, running [3] - 3265:12; 3259:3 15, 20, 24; 3130:7; 3133:3, 3268:22 3049:16; 3053:17; scope [1] - 3260:17 3054:11; 3076:15, 17; 10, 13; 3136:9; 3142:15; Rupert's [2] - 3035:17; screen [2] - 3057:13, 25 3077:6, 9; 3078:18; 3143:2; 3145:16; 3152:20; 3038:6 scrip [2] - 3052:13; 3076:13 3079:11, 14 3157:14; 3212:2; 3295:1; scroll [2] - 3004:3; 3009:25 Saskatoon [1] - 3099:1 3296:13; 3300:20; S search [1] - 3195:13 satisfactory [1] - 3114:25 3307:23; 3324:2 seated [8] - 3097:18, 24; risks [2] - 3212:5, 7 satisfied [3] - 3169:5, 16, 19 3098:9; 3099:19, 25; risky [2] - 3117:1, 6 S.C [1] - 2976:10 satisfy [3] - 3130:7; 3131:16; 3102:19, 23; 3103:12 sad [3] - 2996:11; 3004:23; river [11] - 3002:18; 3022:7; 3132:2 second [23] - 2990:19; 3029:20; 3062:9, 19; 3064:14 saw [4] - 2992:22; 3069:25; 2997:2; 3022:25; 3035:18; 3188:11; 3202:7; 3216:4; safe [1] - 3201:5 3170:13; 3289:19 3061:3; 3094:3; 3102:23; 3224:6, 19; 3322:16 safely [1] - 3197:9 scale [4] - 3111:24; 3240:1; 3110:9; 3117:18; 3144:17; River [53] - 2978:17; Samantha [2] - 3097:10; 3245:10; 3313:25 3149:4; 3210:23; 3211:5; 3004:16, 25; 3008:13, 19; 3111:4 scan [1] - 3086:17 3212:15; 3225:10, 17; 3011:25; 3016:3; 3022:5; SAMANTHA [2] - 2981:15; scanning [1] - 3187:8 3254:11; 3257:13, 16; 3028:5; 3060:15; 3061:17; 3089:2 scared [1] - 3016:11 3276:21; 3323:20 3062:3; 3063:12; 3188:7; SAME [4] - 2985:6, 15; scary [1] - 3016:15 SECOND [7] - 2980:13, 18, 3198:25; 3201:3; 3203:16, 3177:19; 3192:15 scenario [5] - 3224:24; 22; 2981:3; 2990:13;

Realtime Connection - the Realtime EXPERTS - [email protected] 41 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

3055:23; 3074:1 seeing [2] - 3167:6; 3289:23 setting [2] - 3116:6, 8 3317:2 second-last [2] - 3110:9; seeking [1] - 3130:20 Setting [2] - 2995:6; 2997:18 Shell's [34] - 2994:12; 3117:18 seem [2] - 3253:20; 3280:20 Settings [1] - 2996:19 3000:10, 24; 3001:13; secondary [1] - 3020:24 self [6] - 3037:5, 20; settle [1] - 3053:3 3015:8; 3018:8; 3060:25; secondly [5] - 3056:22; 3046:15; 3047:25; 3051:10 settlements [1] - 3043:23 3061:21; 3064:1; 3065:22; 3095:4, 13; 3219:19; Self [1] - 2978:10 several [14] - 3035:6; 3062:1; 3066:13; 3068:8; 3069:23; 3264:22 self-determination [1] - 3067:4, 14; 3081:17; 3070:7; 3110:4; 3129:1; SECRETARIAT [1] - 2977:14 3046:15 3082:17; 3100:11; 3142:20; 3169:14; Secretariat [1] - 3094:1 self-government [5] - 3123:23; 3179:22; 3204:10; 3208:11; SECTION [4] - 2983:6; 3037:5, 20; 3046:16; 3190:12; 3212:25; 3210:12; 3212:25; 3213:1; 2986:8; 3107:20; 3289:14 3047:25; 3051:10 3243:11; 3251:25; 3287:23 3229:8, 14; 3234:10, 15; section [18] - 2996:18; Self-represented [1] - severe [1] - 3140:2 3266:8; 3267:17; 3275:13; 3006:16; 3046:19; 2978:10 shaky [1] - 3270:17 3294:15; 3298:18; 3313:8; 3097:14, 22; 3098:17, 23; Selinger [1] - 3040:13 SHANNON [2] - 2981:22; 3317:6 3099:4, 11; 3113:12; sell [3] - 3012:6; 3013:24; 3089:17 Shelley [2] - 3100:21; 3101:1 3145:19; 3208:15; 3035:16 Shannon [1] - 3103:12 SHELLEY [2] - 2981:19; 3212:21; 3239:10; Senate [1] - 3049:3 share [1] - 3179:13 3089:10 3287:25; 3313:14; 3314:1 Senior [3] - 3097:19; Shawn [1] - 2978:2 Sheridan [1] - 3193:8 Section [28] - 2996:22; 3099:13; 3101:1 shed [1] - 3198:7 shift [7] - 3127:10, 14, 17, 2997:11; 3001:8, 10; senior [2] - 3102:22, 24 Sheliza [1] - 2979:7 21; 3128:7; 3129:9; 3146:9 3002:1; 3008:17; sense [12] - 3020:20; 3079:1, SHELL [4] - 2976:2; 2980:19; shift.. [1] - 3128:6 3046:16-18; 3048:3; 25; 3105:16; 3120:13; 3055:23 shifting [1] - 3153:21 3049:12; 3076:9; 3098:19; 3164:15; 3216:23; Shell [135] - 2978:2; 2988:19; shore [3] - 3003:17; 3005:5; 3113:9; 3114:7, 17, 21; 3241:23; 3245:22; 2989:5; 2990:4; 2995:6, 9, 3006:13 3119:17; 3144:13; 3266:15; 3306:1; 3310:24 15, 21; 2996:12, 21; short [4] - 3033:25; 3095:7; 3208:16; 3234:19; 3288:1, sent [2] - 3047:1; 3253:7 2998:1; 2999:3; 3002:8, 3101:4; 3218:22 6, 20; 3289:8; 3290:25; SENT [2] - 2985:19; 3256:16 20; 3003:23; 3006:25; Short [1] - 3021:2 3307:12; 3323:6 sentence [13] - 3190:19; 3008:2, 6; 3012:9, 17; short-circuit [1] - 3218:22 sections [1] - 2994:24 3206:15; 3207:16; 3208:2; 3013:6; 3014:6, 10; shorter [1] - 3229:16 sector [3] - 3164:18; 3211:6, 25; 3213:18; 3015:5, 24; 3016:5; shorthand [1] - 3327:8 3165:16; 3260:11 3248:19; 3249:11; 3017:9; 3025:20; 3030:10; shortly [2] - 3046:23; sector-specific [1] - 3260:11 3257:24; 3317:14, 17 3031:4; 3033:2, 15, 18-19; 3224:17 sectors [1] - 3163:15 sentences [1] - 3109:11 3055:17; 3056:4, 16, 18; Shott [3] - 3030:17; 3031:20 secure [1] - 3112:21 separate [2] - 3086:18; 3058:9, 14; 3059:5; show [16] - 2998:19, 24; sediment [4] - 3188:23; 3202:19 3061:3; 3062:7, 17; 2999:15; 3010:1, 15; 3189:1, 12; 3190:21 SEPTEMBER [2] - 2984:9; 3063:17; 3065:17; 3066:8; 3021:13, 18-19; 3025:1; Sediment [1] - 3180:2 3262:3 3068:4-6; 3069:7, 20; 3028:16; 3108:3; 3215:19; sediments [2] - 3190:25; September [5] - 3040:12; 3070:12; 3071:18; 3216:6; 3217:10; 3218:24 3191:7 3042:3; 3158:12; 3169:24; 3072:15, 18, 24; 3074:11; showed [3] - 3275:25; see [56] - 2994:23; 3009:19; 3266:2 3083:13; 3087:5; 3100:25; 3276:25; 3277:4 3011:5; 3022:2; 3031:9, sequence [1] - 3264:22 3108:4; 3109:2, 5, 17; showing [6] - 3015:1; 18; 3052:12; 3053:1; SERIES [2] - 2983:10; 3124:8; 3125:14; 3128:21, 3029:21; 3163:20; 3057:11; 3059:7; 3060:20, 3153:1 24; 3130:11; 3133:8; 3217:17; 3319:12; 3320:12 23; 3062:4; 3063:8, 22; series [8] - 3057:7; 3116:14; 3136:6, 11, 22; 3137:25; shown [2] - 3112:7; 3320:7 3070:18; 3072:4, 6; 3144:1; 3151:1; 3216:13, 3168:3, 10, 12; 3169:5, 8; shows [12] - 2996:14; 3075:1; 3077:23; 3093:2; 17, 19; 3250:22 3203:11, 16; 3205:22; 2999:20; 3000:18; 3095:9, 15; 3113:14; seriously [1] - 3008:2 3206:12, 17, 25; 3207:3; 3029:12; 3031:17, 19; 3118:21; 3122:10; serve [1] - 3218:12 3210:17, 22; 3214:9; 3056:12; 3059:24; 3228:15, 24; 3231:8; 3123:11; 3129:22; 3139:5; Services [1] - 3103:10 3061:25; 3143:3; 3187:7; 3157:13; 3159:14; 3263:17, 20; 3264:17; services [4] - 3037:8; 3200:24 3160:17; 3161:21; 3038:6; 3045:22 3266:1, 3; 3273:1, 14; sic [3] - 3026:23; 3068:16; 3168:15; 3170:18; 3275:16; 3276:13; 3277:8; Session [1] - 3027:18 3207:25 3171:12; 3181:5; 3185:12; 3282:19; 3283:8; 3284:3; set [10] - 3113:11; 3228:3; sic) [1] - 3010:6 3285:14; 3294:23; 3189:22; 3206:12; 3210:4, 3243:8; 3249:3, 15; side [5] - 3047:21; 3062:19; 3295:10, 15; 3296:6, 8, 16, 12; 3217:8; 3254:15; 3291:15; 3292:2; 3306:20; 3079:14; 3274:24; 3287:17 21, 24; 3297:15, 22; 3267:13; 3269:23; 3325:6; 3327:8 sides [1] - 3062:8 3283:20; 3287:10, 20; 3298:8, 14; 3299:24; SETAC [6] - 2983:17; Sierra [1] - 2979:4 3292:21; 3293:24; 3294:9; 3300:5, 7; 3301:12; 3091:18; 3179:4; 3186:20; sign [1] - 3010:13 3314:23; 3316:6; 3320:21; 3302:12; 3305:4, 7, 9, 11; 3197:5; 3201:14 signals [1] - 3040:2 3326:4 3306:1; 3307:19; 3308:2; sets [2] - 3071:7; 3249:11 signatories [1] - 3129:24

Realtime Connection - the Realtime EXPERTS - [email protected] 42 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

signatory [1] - 3129:13 3079:13; 3119:11, 25; 3219:12; 3221:5; 3222:5; 3296:13; 3300:20; 3303:2; signed [3] - 3044:13; 3122:14 3234:1, 24; 3238:8; 3324:2, 22 3082:16 smaller [4] - 3077:13, 17; 3239:9; 3244:5, 13; SPECIES [2] - 2983:10; significance [8] - 3006:13; 3080:25; 3286:6 3253:12; 3254:4; 3273:22; 3152:25 3108:18; 3113:3; 3119:14, smaller-bodied [1] - 3286:6 3274:17; 3282:3; 3283:4; specific [57] - 2999:23; 24; 3145:2, 14; 3319:11 snow [12] - 3182:15, 19; 3289:25; 3297:17; 3005:8; 3006:6; 3008:21; significant [37] - 3040:7, 9; 3187:2, 5, 7, 11, 21; 3300:10; 3305:13, 24; 3011:3; 3012:19; 3017:6; 3041:5; 3077:25; 3082:5; 3188:5, 12, 14, 18; 3309:8; 3316:10 3019:2; 3023:6; 3027:20; 3106:5, 21; 3107:9; 3319:17 sort [9] - 2995:1; 3125:9; 3028:6; 3029:8, 22; 3108:8, 11, 15, 21; 3113:5, snow-melt [1] - 3187:2 3161:12; 3181:12; 3030:14; 3031:15; 7; 3114:4; 3119:12, 16; Snowpack [1] - 3180:2 3195:24; 3273:19; 3059:12; 3066:11; 3120:1, 6; 3126:1, 6; snowshoe [1] - 3107:10 3309:21; 3319:10; 3323:23 3068:14, 18, 22; 3071:22; 3136:19; 3145:10; SO [2] - 2986:6; 3261:8 sound [4] - 3116:2; 3212:8; 3072:2, 22; 3073:18; 3163:12, 17; 3204:16, 18; SoC [1] - 3012:21 3249:4, 16 3115:2; 3120:3; 3155:11; 3205:8; 3228:12, 21; social [4] - 3311:14, 18; sounds [7] - 3093:11; 3158:5; 3159:8; 3160:12; 3240:18; 3241:2; 3243:13; 3312:3; 3313:7 3105:2; 3117:16; 3161:19; 3169:13; 3200:6, 22; 3251:21; 3252:18; 3275:9; society [2] - 3035:11; 3049:2 3162:21; 3181:22; 3248:12 3201:23, 25; 3210:17; 3318:6 Society [1] - 3091:17 source [9] - 3009:8; 3030:10; 3229:22; 3259:22; 3260:6, significantly [1] - 3242:14 socio [1] - 3221:19 3176:11; 3185:13, 15, 19; 11-12; 3293:5, 14; signing [1] - 2989:1 socio-economics [1] - 3186:4; 3202:7; 3322:19 3297:12; 3298:7; 3303:3; similar [12] - 2998:16; 3221:19 sources [7] - 2995:19; 3308:7, 23; 3312:16; 3313:21; 3317:21; 3322:2, 3029:24; 3037:14; 3134:1; socioeconomic [1] - 2993:1 3020:12, 17, 19, 24; 24 3182:4; 3185:22; 3187:1; software [1] - 3265:19 3185:23; 3274:13 SPECIFICALLY [2] - 3188:25; 3195:8; 3243:19; sold [2] - 3013:18, 20 South [2] - 2977:18; 3193:9 2985:21; 3256:18 3288:10 solely [1] - 3252:22 south [3] - 3003:17; 3029:1; [3] 3076:3 specifically [40] - 2999:6; simple - 3052:21; 3114:2, soluble [1] - 3276:17 5 southern [2] - 3006:13; 3003:5; 3009:22; 3014:6; solutions [2] - 3254:10; 3015:21; 3027:23; simplification [1] - 3265:3 3255:5 3040:18 [1] spatial [1] - 3236:17 3031:17; 3032:6; 3038:3; simplified - 3264:25 solvent [8] - 3276:10, 15, 20; 3050:19; 3059:24; 3062:4, simply [9] - 2997:12; 3025:5; 3277:2, 12, 14, 18 speaking [11] - 2990:21; 2995:23; 3002:5; 3010:14; 24; 3070:16; 3073:14; 3056:24; 3067:2, 5, 8; solvents [3] - 3276:13; 3147:2; 3162:7; 3171:15; 3085:19; 3113:21; 3232:7 3277:4 3073:3; 3138:10; 3176:7; 3237:4; 3283:11; 3313:16 3173:2; 3175:5; 3197:22; SIR [4] - 2998:2; 3008:4; someone [2] - 3201:23; 3198:2; 3200:2; 3225:5; 3110:8 3282:10 speaks [10] - 2991:1; 3017:8, 11; 3026:1, 14; 3028:25; 3229:13; 3233:6; 3255:6, sit [4] - 3121:1, 14; 3299:13 sometime [3] - 3048:19; 16-17, 20; 3280:25; site [5] - 3136:11; 3141:5, 7; 3158:21 3029:2; 3080:13; 3108:21; 3208:17 3292:9; 3294:14; 3297:18; 3186:10; 3259:22 sometimes [2] - 2993:19; 3301:13; 3308:15; site-specific [1] - 3259:22 3024:16 special [3] - 3015:6; 3136:11, 13 3313:16; 3317:23 sites [8] - 3005:4, 12; somewhat [4] - 2996:13; specifications [1] - 3271:8 3015:23; 3157:4; 3201:2; 3000:23; 3031:1; 3033:16 specialist [4] - 3090:8; 3173:12; 3184:3; 3320:17 specificity [1] - 3295:19 3236:20; 3247:2; 3283:12 somewhere [1] - 3223:16 Species [16] - 3115:2, 4, 7; specifics [1] - 3303:12 sitting [2] - 3214:5; 3262:15 SONG [5] - 2981:15; 3089:2; specified [2] - 3194:16; situation [4] - 3078:22; 3115:22; 3139:23; 3325:4 3131:15; 3132:2, 12; 3143:22, 24; 3144:1, 4, 7, 3196:10 3081:23; 3181:20; 3299:9 Song [5] - 3097:10, 12; 9; 3146:23, 25; 3309:18 specify [1] - 3257:5 six [4] - 3046:1; 3082:1; 3111:4; 3115:19; 3139:22 species [77] - 3097:21; speculate [7] - 3138:24; 3282:20; 3284:2 soon [2] - 3000:13; 3116:21 3109:24; 3111:2, 12, 19, 3139:3; 3293:5, 8; skill [1] - 3327:11 sorry [59] - 3011:3; 3026:21; 21-22; 3112:5; 3114:24; 3305:16, 24; 3308:19 skills [1] - 3224:23 3027:1, 16; 3028:13; 3116:15; 3117:2, 10; speculating [1] - 3197:11 skimmed [1] - 3073:10 3060:21; 3070:21; 3078:3, 3118:6; 3119:6, 11, 19; speculation [1] - 3258:7 skip [1] - 3159:20 8; 3087:19; 3112:25; 3120:3-9; 3124:1, 11, 15, speculative [1] - 3273:11 skipping [1] - 3250:5 3117:14; 3118:12; 17, 20; 3125:19; 3126:1, speed [1] - 3217:13 Sled [4] - 3009:24; 3010:1, 3; 3123:13; 3131:13, 18; 10-11, 15, 19, 24; 3127:19, spelling [1] - 2995:2 3011:5 3141:1; 3142:1; 3149:16; 21, 24; 3128:1, 15; 3130:6; spend [1] - 3070:7 slice [1] - 3189:12 3151:23; 3152:12; 3133:2, 10, 13; 3136:9; spent [3] - 2992:2; 3025:12 slices [2] - 3189:13; 3190:8 3153:10; 3157:17; 3139:21; 3142:15; 3143:2, spoken [2] - 3033:7; 3299:16 slide [1] - 3177:25 3164:21; 3167:17, 21; 5, 8-9; 3145:1, 16; 3146:4; SLIDE [2] - 2985:9; 3178:8 3175:22; 3176:5; 3189:22; SPOKEN [4] - 2981:23; 3147:9, 14-15; 3148:5; slope [1] - 3101:24 3190:18; 3200:15; 2982:6; 3090:3; 3120:22 3152:20; 3157:14; 3232:9; spot [3] - 3017:2; 3157:20; slowly [1] - 3141:3 3201:22; 3207:14; 3287:6, 11, 15, 24; 3295:1; 3159:22 small [6] - 3003:8; 3036:7; 3209:20; 3214:5; 3218:17;

Realtime Connection - the Realtime EXPERTS - [email protected] 43 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

spring [5] - 3182:20; 3188:7, 3140:14; 3142:9; 3148:19; stochastic [3] - 3268:21; study [36] - 2996:3; 2999:3; 9, 12; 3246:22 3155:10, 12; 3158:11, 24; 3269:7 3008:11; 3009:12; spruce [2] - 3128:25; 3164:8; 3167:23; 3193:24; stock [2] - 3232:15; 3273:2 3018:14; 3020:17; 3129:10 3202:15 stocked [1] - 3287:3 3023:14; 3025:3; 3028:12; SPRY [3] - 2981:15; 3089:3; Statement [15] - 2989:4, 25; stocking [5] - 3231:20; 3030:7, 9; 3031:5, 15; 3160:23 2990:25; 2991:1; 3012:16, 3232:1, 14; 3283:18 3033:19; 3061:7; 3111:22, Spry [4] - 3099:5, 7; 3158:19; 22; 3019:24; 3029:11; stone [1] - 3260:19 24-25; 3158:13; 3178:25; 3160:21 3057:16; 3076:15, 21; stop [2] - 3209:9; 3245:15 3179:15, 17; 3180:15; squabbling [1] - 3048:15 3138:15, 21; 3139:4, 15 stopped [2] - 3002:18; 3181:4, 14; 3186:19; square [1] - 3232:5 STATEMENT [2] - 2983:3; 3206:14 3187:6; 3191:2; 3200:24; SRD [1] - 3084:3 3087:24 stopping [1] - 3076:23 3202:18, 20; 3230:17; St [1] - 3140:21 statement [17] - 2991:5; stops [1] - 3219:12 3318:17; 3319:9, 19, 21 stability [1] - 3101:24 3060:12; 3061:19; story [5] - 3012:5; 3029:24; studying [1] - 3220:5 stack [4] - 3184:17, 22; 3063:24; 3087:21; 3163:6; 3052:24; 3217:4 stuff [7] - 3005:17; 3027:5; 3185:5 3164:15, 19; 3182:9; Strahl [1] - 3044:10 3053:16, 20, 22; 3054:8; stacks [1] - 3184:13 3200:15; 3211:23; 3223:6; straight [1] - 3218:1 3061:8 STAFF [3] - 2980:23; 2981:4; 3239:16; 3255:25; strange [1] - 3001:3 sub [3] - 3113:9; 3296:19 3275:21; 3316:3; 3324:5 3074:1 strata [1] - 3190:22 subject [13] - 3121:5; 3130:4, statements [1] - 3012:22 staff [5] - 3019:13; 3089:23; strategic [1] - 2993:2 16, 24; 3131:10; 3185:11; States [1] - 3129:25 3186:16; 3194:15; 3148:14; 3174:10; 3220:22 strategy [3] - 3042:20; stage [11] - 3166:24; 3168:4; states [7] - 3064:3; 3106:18; 3098:3; 3146:12 3229:23; 3267:9; 3270:19; 3114:7; 3132:14; 3154:17; 3290:15; 3308:2 3181:11; 3198:9; 3246:5; Strategy [11] - 3146:15, 24; 3263:20; 3264:1; 3267:16; 3170:23; 3234:8 3147:1, 3, 19; 3148:9, 12, submission [70] - 2994:18; 3318:4; 3320:2, 8 stating [1] - 3047:3 14, 18, 20, 24 3015:2; 3032:4; 3060:8; 3061:19; 3062:2; 3066:9; stages [1] - 3167:2 statistically [2] - 3249:4, 16 stream [2] - 3207:18; 3087:9; 3096:24; 3097:2, stakeholder [3] - 3248:22; statistics [1] - 3199:12 3218:18 14, 23; 3098:17, 23; 3254:8; 3255:3 Status [1] - 2978:15 Stream [1] - 3225:11 3099:4, 12; 3100:3, 8, 10, stakeholders [9] - 3206:11; status [3] - 3198:4; 3219:3; stress [1] - 3210:21 19; 3102:17; 3103:3, 17, 3220:21; 3221:9, 15, 20; 3236:11 stressed [1] - 3171:2 20; 3105:9; 3119:20; 3230:7; 3231:11; 3254:6; statute [4] - 3113:11 stresses [2] - 3116:18 3123:19; 3124:7; 3127:3; 3257:9 stay [1] - 3012:2 stressors [2] - 3116:16; 3133:11; 3137:6; 3139:10; stamp [1] - 3036:9 steady [1] - 3277:4 3311:9 3142:7; 3143:18; 3145:7; stand [4] - 3045:19; 3087:8; Steepbank [1] - 3031:10 strictly [1] - 3232:7 3165:22; 3172:15; 3097:7; 3101:13 Steering [4] - 3233:22; strive [1] - 3268:18 3173:25; 3174:8; 3193:16; standardized [1] - 3140:15 3244:4, 6, 9 strong [2] - 3011:24; 3194:1; 3195:12, 22, 24; Standards [1] - 3099:6 step [8] - 3041:5; 3055:3; 3065:25 3197:12; 3200:9; 3207:12; stands [1] - 3108:22 3078:4; 3150:7, 11; strongly [1] - 3051:17 3179:1; 3312:23 3212:19; 3226:22; start [15] - 3039:8; 3045:2; struck [1] - 3039:10 3234:19; 3242:5; 3259:9; 3055:25; 3057:13; STEPHEN [2] - 2981:16; structure [1] - 3036:19 3264:10, 14; 3270:21; 3076:12; 3096:9; 3111:3; 3089:4 structured [1] - 3013:18 3272:18; 3275:2, 5; 3116:23; 3263:13; Stephen [2] - 2979:16; struggle [1] - 3318:10 3291:17; 3292:8; 3294:11; 3270:16; 3279:22; 3097:25 studied [1] - 3186:7 3304:4; 3309:20; 3312:8; 3285:18; 3291:18; 3295:8; stepping [1] - 3189:22 studies [18] - 2987:10; 3313:20; 3315:5; 3317:19 3302:3 steps [2] - 3148:25; 3323:18 2991:18; 2995:10; 2996:8; Submission [4] - 3059:19; started [6] - 2992:21; Steven [1] - 2977:17 3008:14, 23; 3025:4; 3060:25; 3061:22; 3064:1 3049:13; 3163:14; Stewart [1] - 2979:6 3030:5; 3068:18; 3092:20; submissions [21] - 2990:22; 3246:12, 20; 3263:2 still [47] - 2988:16; 2996:7, 3110:20; 3112:7; 3142:11, 2993:7; 3020:7; 3044:21; starting [8] - 3043:13; 13; 3000:19; 3007:7, 24; 19; 3191:20; 3193:14; 3065:21; 3066:8; 3095:3; 3049:12; 3052:15; 3057:2, 3011:24; 3024:6; 3041:11; 3197:4; 3251:25 3117:9; 3125:12; 3132:18; 14; 3071:5; 3116:4; 3053:13; 3071:2; 3078:19; Studies [2] - 2991:13; 3140:14; 3162:25; 3122:19 3080:1; 3081:22; 3082:3; 2992:15 3167:23; 3236:4; 3279:3, starts [12] - 3000:11; 3125:10; 3156:11; Study [29] - 2992:19; 6; 3321:9; 3323:19 3009:21; 3060:2; 3070:22; 3159:10; 3160:13; 2994:14; 2997:21; submit [2] - 2993:22; 3108:7 3107:6; 3110:17; 3117:20; 3161:19; 3164:1, 3, 16-17; 2998:21; 2999:16, 22; submitted [8] - 3012:11; 3144:17; 3219:8; 3248:18; 3167:1; 3197:7; 3199:3; 3001:6; 3005:8; 3006:21; 3153:25; 3175:21; 3270:3, 20 3211:25; 3212:2; 3223:1; 3008:13, 19; 3021:5; 3191:12; 3219:2; 3247:11; state [20] - 2998:6; 3075:15; 3224:5; 3225:4; 3235:9; 3028:5; 3030:11; 3031:19; 3299:11 3076:20; 3095:20; 3242:10; 3261:13; 3058:1; 3074:15; 3126:5, subscribed [1] - 3327:13 3109:10; 3123:21; 3308:22; 3309:24; 3320:8; 8; 3136:6, 8; 3143:13; Subsection [1] - 3144:22 3125:12; 3127:5; 3138:12; 3324:5, 8, 20; 3325:15 3171:21; 3202:8; 3272:12

Realtime Connection - the Realtime EXPERTS - [email protected] 44 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

SUBSECTION [2] - 2983:6; summation [3] - 3182:18; 3212:12; 3250:9; 3265:3 technique [3] - 3130:10; 3107:21 3212:24; 3314:22 SYSTEM [2] - 2984:7; 3189:14; 3210:6 subsection [2] - 3145:25; summer [1] - 3157:1 3248:10 techniques [1] - 3265:18 3236:5 Suncor [2] - 3238:23; 3298:9 systematic [3] - 3195:13; technologies [1] - 3316:6 Subsections [1] - 3321:10 supersede [1] - 3309:23 3197:17; 3241:18 technology [6] - 3315:16; subsequent [1] - 3125:16 supervision [4] - 3102:18; systematically [1] - 3249:23 3316:2, 15; 3317:25; subside [2] - 3227:19; 3103:18, 24; 3104:3 systemic [3] - 3249:2, 15; 3318:4, 9 3284:21 SUPPLEMENT [2] - 2985:14; 3250:17 Teck [3] - 3142:21, 23, 25 substance [3] - 3321:12; 3192:15 systems [5] - 3140:8; TEMF [2] - 3115:24; 3117:5 3322:6; 3323:6 supplement [1] - 3192:7 3241:12; 3242:4, 8; temperature [4] - 3213:21; substances [2] - 3320:13; supplemental [1] - 3101:9 3266:25 3217:10, 15, 17 3321:2 Supplementary [2] - 2995:7; temperatures [1] - 3170:5 substantial [4] - 3143:12; 3195:20 T temporal [1] - 3270:2 3159:2, 14; 3160:2 support [8] - 3109:19; temporary [3] - 3227:18, 20; substantive [2] - 3069:3, 6 3122:19; 3128:13; 3129:6; 3284:19 T9H [1] - 2976:25 substitution [1] - 3255:11 3136:9; 3236:14; 3254:10; ten [2] - 3032:7; 3088:2 tab [14] - 3020:9; 3026:21, success [2] - 3039:12; 3261:20 tend [4] - 3034:8; 3185:1, 4 24; 3027:7, 16-18; 3028:4, 3047:19 supportive [1] - 3149:2 tender [2] - 3095:14; 3290:9 13; 3029:14; 3030:22 success/failure [1] - 3047:19 suppose [5] - 3034:7; tendered [1] - 3118:17 Tab [8] - 2990:22; 3020:7, successful [8] - 3037:24; 3188:11; 3232:16; 3254:8; tends [1] - 3184:14 10; 3023:1, 7; 3026:18; 3041:17; 3046:3; 3048:23; 3279:18 tent [1] - 3083:22 3030:7 3125:5; 3249:14; 3316:19, Supreme [2] - 3039:12; Tereasa [1] - 3030:9 table [9] - 3040:8; 3043:3; 24 3048:10 term [10] - 3078:11; 3124:21; 3049:9; 3069:12; 3088:3; suckers [1] - 3287:24 surely [1] - 3297:2 3125:6; 3133:1, 9; 3134:1, 3106:2, 17; 3107:5; 3179:8 suffers [1] - 3250:25 surface [7] - 3018:9; 15, 20; 3135:7; 3266:13 tables [2] - 3128:24; 3221:20 sufficient [3] - 3168:1; 3098:14; 3185:3; 3214:8; terminated [1] - 3047:5 tabs [7] - 2990:23; 3002:13; 3204:4; 3266:11 3248:22; 3265:4; 3307:21 terminology [1] - 3051:16 3007:2; 3009:20; 3013:14; sufficiently [2] - 3169:6, 17 surprised [2] - 3230:20; terms [50] - 3025:19; 3036:2; 3024:22; 3026:25 suggest [10] - 3066:5; 3244:4 3038:9; 3039:8, 14; tags [1] - 3089:24 3107:16; 3113:16; surprising [3] - 3033:16; 3040:15; 3045:16; tailings [12] - 3016:4; 3102:4, 3115:16; 3124:22; 3183:12, 17 3050:18; 3051:5; 3072:22; 6, 8; 3125:1; 3140:1, 5, 19; 3229:23; 3279:17; surrounding [1] - 2996:25 3074:12; 3078:16; 3141:10; 3161:8; 3275:8, 3281:21; 3295:20; 3297:9 survey [2] - 3155:12; 3108:10; 3111:15; 3112:4, 20 suggested [3] - 3285:23; 3194:25 12; 3117:6; 3124:19; talks [9] - 3023:9; 3151:2, 3287:11 Survey [2] - 3101:16, 21 3125:5, 8, 10; 3126:5; 4-5; 3170:3, 5; 3287:19; suggesting [4] - 3296:21; surveys [9] - 3155:1, 12, 15; 3134:14, 16; 3135:23; 3297:19 3297:4; 3304:21; 3310:7 3156:3, 18, 23, 25; 3157:2, 3136:1; 3147:1; 3148:16; tandem [1] - 3214:24 suggestion [2] - 3080:13; 4 3149:14; 3156:20; 3157:8; tangentially [1] - 3291:10 3123:1 suspicion [1] - 3321:21 3160:16; 3161:20; Tara [1] - 2977:16 suggestions [1] - 3302:18 sustainability [1] - 3324:16 3163:21; 3164:4; 3166:6; target [13] - 3163:7, 13, 18, suggests [6] - 3090:25; Sustainable [2] - 3238:7; 3167:6; 3184:12; 3218:4; 22, 24; 3164:2, 7, 9, 14; 3170:4; 3211:8; 3229:9; 3244:19 3234:8; 3240:25; 3259:8; 3165:2, 6, 12 3285:3; 3286:19 sustainable [1] - 3130:2 3270:11; 3295:13; 3296:1; tasked [2] - 3195:9; 3196:7 suitability [1] - 3232:10 swear [1] - 3291:9 3299:23; 3313:1; 3317:4; taxes [1] - 3048:1 suitable [9] - 3121:3; swearing [1] - 3089:21 3324:10 TC [2] - 2981:21; 3089:15 3127:24; 3137:10; 3155:2; sweep [1] - 3131:9 Terrestrial [1] - 3115:24 team [9] - 3014:19; 3096:19; 3303:15; 3304:15, 22; Swift [3] - 3109:18; 3110:7, terrestrial [10] - 3097:15; 3099:19; 3102:10; 3187:1; 3305:9 21 3105:6; 3134:7; 3157:18; 3194:14; 3196:2, 5, 8 suite [8] - 3137:11; 3149:6; SWORN [2] - 2981:7; 3227:17; 3228:11; 3240:7, teams [1] - 3195:17 3151:21; 3152:3; 3292:10, 3088:11 23; 3284:18; 3325:2 technical [24] - 3054:18, 21; 14; 3294:11; 3311:17 Symposium [1] - 3042:15 Territories [4] - 3029:2; 3059:20; 3061:5, 11; sum [1] - 3082:4 Syncrude [6] - 2979:7; 3035:17; 3076:4; 3096:18 3062:10; 3064:8, 16; summarized [1] - 3314:1 3031:21; 3275:23; 3276:1, territory [1] - 3004:21 3071:12; 3072:22; summarizes [1] - 3008:18 9 Territory [1] - 2992:19 3097:20; 3098:12; 3100:2, summary [15] - 3039:1; synonymous [1] - 3048:9 testified [1] - 3273:1 7; 3173:7; 3174:16, 23; 3060:7; 3207:22; 3217:19; System [2] - 3021:6; 3247:21 testify [2] - 3014:4; 3290:15 3296:23; 3297:11; 3299:4, 3222:17, 22; 3225:16; testimony [5] - 3024:24; system [16] - 3013:17; 23; 3302:22; 3303:4, 12 3237:22; 3292:3, 9; 3021:16, 18, 21; 3022:12; 3064:12; 3118:19; 3138:25 Technical [1] - 3102:20 3311:4; 3315:12; 3316:11, 3028:3; 3039:16; 3052:13; testing [4] - 3158:17; 3161:5; technicalities [1] - 3296:4 13 3076:13; 3085:1, 16; 3251:3; 3267:9

Realtime Connection - the Realtime EXPERTS - [email protected] 45 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

text [8] - 3132:6; 3159:12; 3047:8; 3061:6, 14; TIER-IV [3] - 3272:24; top [3] - 3190:21; 3219:8; 3312:8; 3314:20; 3315:4; 3064:8; 3133:13; 3152:2; 3273:3, 14 3282:22 3316:9, 11 3200:10; 3273:5 timber [1] - 3040:25 topic [4] - 2996:16; 3113:23; THAN [2] - 2985:6; 3177:18 therein [1] - 3113:13 time..." [1] - 3110:18 3133:18; 3209:8 THAT [18] - 2985:4, 9-10, 14, thesis [1] - 3026:3 timeframe [4] - 3197:6; Tore [1] - 2979:3 16, 19; 2986:5, 9; 3177:15; THEY [2] - 2985:10; 3178:10 3284:25; 3285:22, 24 total [14] - 3158:14, 18; 3178:8, 10; 3192:14; they've [12] - 3007:15; timeline [1] - 3229:3 3159:4; 3160:4, 9; 3226:8; 3256:16; 3261:8; 3051:5; 3128:21; 3148:9, timing [1] - 3286:7 3190:5-7, 10-11, 13; 3289:15 16; 3190:7; 3228:17; tiny [2] - 3170:9; 3184:10 3268:6 THE [162] - 2976:1, 3, 5-6, 3267:18; 3268:4; 3298:17; tissue [1] - 3227:10 TOTAL [1] - 2979:8 8-9, 11; 2980:5, 9, 12, 17, 3299:17 title [3] - 3076:18; 3167:12; Total [4] - 2992:11; 3115:20; 20, 22-23; 2981:3, 24; thinking [3] - 3068:3; 3170:4 3116:5; 3117:9 2982:2, 4, 7, 9, 11-12, 3192:21; 3308:11 titles [1] - 3257:6 totally [2] - 3016:17; 3062:6 14-16, 19; 2983:13, 18, 20, third [6] - 3207:15; 3208:16; TO [51] - 2976:1, 18; touch [2] - 3007:3; 3115:5 22; 2984:6; 2985:4-6, 10, 3226:24; 3250:5; 3257:24 2981:23; 2982:6, 19; Tough [2] - 2977:17; 3024:21 14, 16, 18-20, 23; 2986:4, thirdly [1] - 3264:25 2983:13, 16; 2984:9; tough [1] - 3051:13 8-9; 2987:4, 8, 14, 23; THIS [2] - 2985:21; 3256:18 2985:4, 8-10, 12, 14, 16, towards [5] - 3111:13; 2988:8, 11; 2989:15, 21; Thomas [1] - 2978:23 18-22; 2986:3, 5, 8-9; 3125:2; 3154:2; 3163:24; 2990:8, 12; 3055:12, 16, Thonney [1] - 2977:20 3090:3; 3120:22; 3162:17; 3315:19 22; 3065:3, 9; 3066:23; thorough [3] - 3009:13; 3172:7; 3177:15; 3178:7, Towers [1] - 3031:21 3067:11; 3073:21, 25; 3074:14; 3241:17 9-10; 3192:11, 14-15; towers [1] - 3031:21 3074:1; 3086:9; 3087:3, thoughts [1] - 3111:5 3226:8; 3256:14, 16-17, toxic [3] - 3187:5, 10, 12 12, 17, 22; 3088:6; thread [1] - 3246:18 19; 3261:4, 7; 3262:4; toxicity [3] - 3158:17; 3089:19; 3093:11, 15, 21; threatened [1] - 3143:9 3289:14 3161:9; 3188:8 3095:22, 24; 3104:7, 11, threats [2] - 3126:20, 23 today [24] - 2991:9; 3025:25; toxicology [4] - 3099:10; 13, 18, 23; 3107:18; three [23] - 2994:24; 2995:4; 3041:16; 3090:11; 3092:6; 3200:4, 7, 18 3109:14; 3115:17; 3005:22; 3034:16; 3045:5; 3097:1; 3100:10; 3101:11; Toxicology [1] - 3091:17 3118:24; 3120:15, 23; 3085:13; 3086:19; 3129:16; 3169:21; 3179:1, toxics [1] - 3176:14 3122:3, 7, 12, 20; 3123:6, 3096:17; 3101:11; 5; 3194:2; 3200:12; toys [1] - 3072:25 15; 3131:12; 3141:1; 3111:23; 3178:1; 3187:11; 3220:2; 3224:7; 3225:2; trace [2] - 3271:21, 24 3152:12, 18; 3153:3; 3191:10; 3193:13; 3230:10; 3235:12; track [2] - 3073:12; 3163:9 3162:15, 17; 3172:2, 9; 3196:16; 3207:5, 9; 3242:11, 15, 18; 3274:20; traction [1] - 3043:14 3177:15, 19; 3178:10; 3291:9 3244:11; 3270:12; traders [1] - 3035:8 3179:11; 3192:14, 20, 24; today's [2] - 3100:17; 3311:22, 24; 3320:22; traditional [22] - 2991:24; 3193:5; 3201:12, 16; 3325:10 3242:21 2996:24; 2997:2, 9, 17, 22; 3222:3, 6, 10, 12; 3226:9; THREE [2] - 2985:9; 3178:8 together [11] - 2978:20; 2999:19; 3001:16; 3237:23; 3238:2, 13; three-hour [1] - 3045:5 3022:11, 16-17; 3038:22; 3008:15; 3009:6; 3021:13, 3248:6, 9-10; 3256:14, 17, threshold [6] - 3109:20, 22; 3042:19; 3195:5; 3246:17; 19-20; 3030:20; 3031:11; 20; 3261:5, 25; 3262:6, 12, 3110:25; 3111:6; 3112:16 3261:16; 3265:11 3063:4; 3076:25; 3079:8; 16, 20; 3263:3, 10; 3264:2, thresholds [16] - 3109:20; TOGETHER [11] - 2980:6, 3306:22; 3307:3 6; 3278:1; 3289:14, 16; 3110:17, 24; 3111:16, 18, 10, 13, 18, 22; 2981:3; Traditional [3] - 2992:14; 3290:19; 3291:3, 12; 20, 23; 3112:1, 5, 8, 12-13, 2988:12; 2989:21; 3005:8; 3074:14 3301:15, 21, 25; 3326:1, 4 15; 3116:13; 3324:14, 22 2990:13; 3055:22; 3073:25 traditions [1] - 3035:12 themselves [11] - 3011:14; tolerance [2] - 3117:11; throated [1] - 3125:20 trails [1] - 3063:4 3039:23; 3050:8; 3051:7; throughout [12] - 3010:18; 3118:7 3081:7; 3085:8; 3092:18; trained [1] - 3075:12 3011:24; 3014:20; tomorrow [1] - 3094:21 3096:4; 3097:7; 3206:18 training [2] - 3037:25; 3015:11; 3019:9; 3045:25; tonight [1] - 3278:18 3061:14 theory [2] - 3265:12; 3285:14 took [12] - 3025:24; 3046:11; 3139:10; 3229:2; 3311:21; trajectories [1] - 3324:10 there'd [3] - 3224:19; 3312:7, 9; 3315:5 3047:14; 3050:11; 3246:13; 3309:2 trajectory [5] - 3111:8; thrown [1] - 3273:16 3084:24; 3187:2; 3212:25; 3112:10; 3124:25; there'll [8] - 3128:3; 3136:21; Thursday [2] - 3121:22; 3213:6; 3214:14; 3278:16; 3207:25; 3216:14; 3163:21, 23 3326:8 3318:21 3258:19; 3259:4; 3264:19; transcribed [1] - 3327:9 THURSDAY [1] - 2982:19 tool [11] - 3115:25; 3116:12; 3304:25 transcript [3] - 3117:17; tie [4] - 3317:16; 3322:21, 3134:8; 3135:1, 11; 3130:15; 3327:10 THERE'S [4] - 2985:8, 13; 3137:1, 9, 19; 3150:14; 24; 3323:8 TRANSCRIPT [2] - 2983:9; 3178:8; 3192:12 3301:6 tied [3] - 3068:22; 3317:21; 3119:4 thereafter [1] - 3327:9 toolbox [3] - 3135:1; 3322:18 transcripts [3] - 3009:11, 14; THEREFORE [2] - 2985:22; tier [1] - 3271:8 3137:15; 3149:7 3256:19 3010:15 tools [4] - 3137:8, 14; TIER [3] - 3272:24; 3273:3, Transfer [2] - 3021:3; therefore [9] - 3000:13; 3149:6; 3150:16 14 3084:20

Realtime Connection - the Realtime EXPERTS - [email protected] 46 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

transfer [1] - 3277:13 tributaries [2] - 3198:23; 3184:17; 3187:17; 3213:6; 3309:17; 3310:9, 16-17, transition [1] - 3272:23 3213:4 3214:19; 3244:11; 3255:7; 23; 3321:22 translated [1] - 3153:14 trickles [1] - 3181:15 3258:17; 3259:5; 3261:16; under-capacity [1] - 3075:2 transparent [2] - 3251:6; tried [1] - 3221:20 3276:23; 3282:3, 7; underestimated [8] - 3258:10 trigger [3] - 3116:7, 23; 3313:20 3213:13; 3214:16; 3215:4; transport [1] - 3185:11 3324:15 two-acre [1] - 3032:19 3273:7; 3274:19, 21, 25; Transport [5] - 3090:5; trip [2] - 3033:24; 3197:10 two-and-a-half [1] - 3045:5 3275:8 3103:5, 10, 14, 16 Triple [1] - 3049:3 two-day [1] - 3123:3 undergo [1] - 3184:21 TRANSPORT [2] - 2981:21; trophic [1] - 3287:1 two-pronged [1] - 3161:4 underlain [1] - 3295:12 3089:15 trouble [1] - 3116:23 twofold [2] - 3219:17; underline [1] - 3316:8 transportation [1] - 3163:15 trucks [2] - 3272:24; 3273:3 3290:21 underneath [2] - 3060:6; transported [1] - 3185:8 true [14] - 3003:10; 3173:4; type [14] - 3066:5; 3071:13; 3106:1 trap [4] - 2998:20; 3010:21; 3181:4; 3211:25; 3223:25; 3112:2; 3135:12; 3189:24; understated [1] - 3272:20 3011:16; 3031:3 3228:11; 3231:2; 3234:13; 3214:22; 3255:12; 3269:6; understood [5] - 3026:3; Trapline [2] - 2995:23; 3258:13; 3296:18; 3297:4; 3305:16, 20-21; 3323:11, 3080:12; 3087:7; 3230:13; 3021:5 3324:5, 9; 3327:9 13 3242:16 trapline [29] - 3000:14, 25; truth [1] - 3010:14 types [4] - 3032:22; 3083:14; undertake [11] - 3129:20; 3001:5, 23-24; 3003:3, 24; truthful [1] - 3010:12 3266:21; 3292:12 3177:8, 13; 3178:5; 3004:2, 16; 3006:3; truthing [1] - 3074:15 typical [2] - 3185:12; 3286:9 3194:7; 3195:12; 3200:21; 3011:7, 23; 3012:6; try [12] - 2988:24; 2994:10; typically [4] - 3084:7; 3203:24; 3255:21; 3013:10, 17-18; 3021:16, 3039:24; 3069:16; 3078:3; 3268:14; 3285:17, 21 3256:10; 3289:4 18, 21; 3022:12; 3024:13; 3093:12; 3141:2; 3262:25; typo [1] - 3057:23 undertaken [13] - 3165:15; 3027:8; 3028:3; 3030:18, 3267:20; 3268:13; 3180:6, 8; 3195:14; 25; 3032:10, 17; 3059:4 3319:20; 3325:1 U 3221:10; 3222:18; traplines [17] - 2993:21; trying [28] - 3019:9; 3056:24; 3225:20; 3226:5; 3231:6; 2997:12, 24; 3000:5, 12; 3073:5; 3086:4; 3138:7; 3259:14; 3260:22; ultimate [2] - 3049:14; 3004:12; 3013:22; 3161:2, 8, 10, 22; 3162:7; 3265:21; 3272:7 3290:24 3021:12; 3022:3, 9, 21, 23; 3196:12; 3204:8; 3218:2; UNDERTAKEN [4] - 2985:17; ultimately [1] - 3314:13 3027:21; 3031:1, 6; 3260:8; 3268:2; 3293:12, 2986:3; 3226:9; 3261:4 UN [1] - 3132:3 3056:12; 3074:8 15; 3297:13; 3303:3; undertakes [1] - 3259:16 unable [2] - 3012:7; 3235:4 trapped [3] - 2998:9, 22; 3304:23; 3305:25; 3312:6; UNDERTAKING [14] - 3022:10 3313:4, 10; 3314:25; uncertain [3] - 3126:12; 2985:4, 8, 12, 16, 18; 3304:16; 3305:2 trapper [1] - 3001:9 3316:24; 3317:16; 3323:5 2986:3, 7; 3177:15; uncertainties [11] - 3204:16, trappers [9] - 2997:1; tubs [1] - 3072:25 3178:7; 3192:11; 3226:8; 18, 20-21, 23; 3264:9, 15, 3000:11; 3023:10-12, 16; Tuesday [4] - 3121:20; 3256:14; 3261:4; 3289:13 24; 3265:6, 16 3032:5, 19, 22 3122:8, 17; 3193:8 undertaking [20] - 3009:14; uncertainty [26] - 3112:4, 11, trapping [7] - 2997:13; turn [18] - 3020:9; 3033:22; 3086:22; 3130:13, 17, 21; 3003:7; 3009:7; 3023:21; 3104:6; 3105:24; 3106:15; 14; 3124:18; 3125:4; 3131:2, 19; 3132:10; 3074:8; 3079:18, 23 3145:18; 3170:7, 20; 3204:12; 3205:6; 3212:5; 3162:5; 3178:14; 3191:25; 3223:1; 3233:7; 3265:14, trappings [1] - 3085:18 3208:13; 3233:20; 3194:4; 3201:25; 3226:3, 24; 3266:16, 19-24; travel [8] - 3010:21; 3011:25; 3234:18; 3243:25; 16; 3253:16; 3257:11; 3267:2, 6; 3268:3, 7, 9; 3015:20; 3022:17; 3248:14; 3251:16; 3260:21; 3266:6; 3289:11 3269:9 3045:23; 3062:18; 3270:19; 3291:16; undertakings [1] - 3130:22 unclear [1] - 3140:23 3121:24; 3185:9 3318:20; 3325:22 UNDERTAKINGS [2] - under [59] - 2988:16; travelled [1] - 3033:23 turned [1] - 3298:5 2985:1; 2986:1 2990:22; 3020:6; 3060:22; travelling [1] - 3034:1 turning [9] - 3090:19; undertook [2] - 3024:10; 3062:5, 25; 3063:20; treat [1] - 3267:8 3139:17; 3167:22; 3222:24 3068:8; 3075:2; 3076:9; treaties [1] - 3084:19 3169:21; 3203:6; 3211:3; underway [3] - 3175:14; 3084:3; 3096:7, 25; treatment [2] - 3276:10, 14 3236:4; 3264:8; 3306:14 3197:4; 3198:19 3102:17; 3103:17, 23; Treaty [7] - 3028:18; Turning [1] - 3167:10 undisturbed [1] - 3277:11 3104:2; 3106:17; 3114:1, 3081:19; 3300:24; twelve [1] - 3285:5 unextinguished [1] - 7, 17, 21; 3119:17; 3130:8; 3306:23; 3307:4; 3312:25; twinkle [1] - 3317:3 3076:17 3131:16; 3132:3; 3138:15; 3314:24 two [36] - 2988:6; 2992:2; unfamiliar [1] - 3045:9 3141:20; 3143:9, 23, 25; trend [4] - 3215:19; 3216:18, 3018:4; 3022:21; 3028:14; unfortunate [3] - 3014:3, 9; 3144:3, 8-9; 3145:12, 24; 22; 3217:18 3032:19; 3041:6; 3042:16, 3018:15 3146:22; 3163:2; 3208:16; Trends [1] - 3179:24 23; 3045:5; 3047:11; unfortunately [12] - 2994:7; 3211:20, 24; 3239:16; trends [3] - 3217:21; 3234:7; 3079:13, 16; 3082:19; 3005:6; 3006:18; 3010:7; 3246:12; 3259:25; 3260:4; 3324:1 3087:4; 3090:18; 3111:20; 3030:25; 3031:13, 15; 3288:6; 3289:6; 3290:25; Trevis [1] - 2977:20 3123:3, 9; 3155:3; 3161:4; 3078:12; 3098:7; 3129:15; 3306:6, 15; 3307:9; Trial [1] - 3048:21 3163:14; 3164:22; 3148:3; 3170:8

Realtime Connection - the Realtime EXPERTS - [email protected] 47 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

unfulfilled [1] - 3042:8 upland [4] - 3124:13; 11; 3193:8 walleye [1] - 3287:18 unhelpful [1] - 3258:5 3127:12, 19; 3128:9 verify [4] - 3025:5; 3130:4; Walter [1] - 3058:22 uninterpreted [1] - 3259:6 upshot [1] - 3187:5 3132:6, 8 Wang [3] - 2977:16; 3101:20 unique [1] - 3136:5 uptake [1] - 3202:7 verifying [1] - 3303:23 WANG [2] - 2981:20; unit [1] - 3246:18 uptaken [1] - 3229:1 version [4] - 3070:5; 3089:13 Unit [1] - 3097:11 upwards [1] - 3013:24 3091:11; 3272:14 wants [2] - 2993:8; 3031:5 United [1] - 3129:13 usable [1] - 3285:7 versus [4] - 3259:7; 3270:12; Warbler [1] - 3125:20 units [2] - 3108:22, 24 USE [2] - 2983:12; 3153:6 3313:8; 3322:17 warmer [2] - 3171:3, 17 university [1] - 3054:20 useful [6] - 3022:19; veterans [1] - 3042:7 warranted [1] - 2999:3 University [7] - 2991:13, 15, 3122:18; 3153:18; vetted [3] - 3182:1, 7; WAS [4] - 2985:19, 21; 17; 2993:3; 2994:2; 3187:14; 3191:21; 3256:23 3196:23 3256:16, 18 3021:8; 3030:13 usefulness [1] - 2995:24 viable [2] - 3117:6; 3282:13 waste [1] - 3101:24 unknown [2] - 3304:6; users [1] - 3023:22 vice [1] - 2990:3 water [58] - 3012:2; 3015:16; 3324:18 uses [6] - 2997:10; 3079:1; vice-president [1] - 2990:3 3060:14; 3061:20; unless [2] - 3205:25; 3264:25; 3276:9, 13 Victor [1] - 3001:8 3098:15, 22-23; 3099:4, 3235:22 utility [1] - 3118:21 victories [1] - 3049:14 11; 3102:5, 7; 3140:2; unlike [1] - 3072:20 utilize [2] - 3282:16; 3315:16 view [6] - 3131:1; 3206:24; 3158:6; 3159:5, 9; 3160:8, unmeasurable [1] - 3286:12 utilized [1] - 3287:7 3256:11; 3280:15, 17; 12, 24; 3174:16, 21; unmeasured [1] - 3228:10 utilizing [1] - 3316:1 3281:11 3175:2; 3188:6, 12; unreasonable [1] - 3162:3 views [1] - 3043:21 3189:4; 3198:23; 3208:15, untouched [1] - 3281:14 V village [3] - 3078:20; 3081:2; 17, 19; 3209:3, 7, 9, 11, unusual [1] - 2988:8 3082:5 23; 3210:9, 13, 15, 23; up [96] - 3000:10; 3002:4; villages [8] - 3077:20; 3211:9, 16; 3212:13; vague [1] - 3130:18 3004:3, 6, 11; 3006:22; 3078:16, 18-19; 3079:13, 3213:22; 3214:23; validate [3] - 3268:11, 20; 3010:25; 3012:18; 3022:1, 15, 17, 25 3219:21; 3221:16; 3223:6, 3275:13 9; 3024:4; 3026:6, 16; violating [1] - 3323:6 13, 17; 3224:18; 3225:6; validated [3] - 3258:19; 3036:10; 3039:10; violation [1] - 3322:8 3251:24; 3252:7; 3265:4; 3259:1; 3266:12 3040:21; 3041:8, 22; violations [1] - 3310:3 3276:17; 3279:13 valuable [6] - 3001:4; 3045:19; 3046:4; 3051:4; VIRC [3] - 2981:16; 3089:4; Water [10] - 3098:20; 3052:2; 3053:19; 3056:11; 3028:12; 3030:15; 3146:18 3099:14; 3161:23; 3115:25; 3137:1 3057:10, 12; 3059:18; Virc [3] - 3097:25; 3098:2; 3186:23; 3199:21; 3067:5; 3070:18, 23-24; value [8] - 3113:16, 20; 3146:10 3210:18; 3211:4, 21; 3134:3; 3136:9; 3232:8; 3076:4; 3077:9; 3080:10; virtually [1] - 3013:21 3220:11; 3237:21 3233:4; 3235:23; 3256:4 3081:18; 3082:4; 3083:24; visit [1] - 3002:11 water-groundwater [1] - van [1] - 2977:17 3097:7; 3101:14; 3108:12; visited [1] - 3022:10 3265:4 Variability [1] - 3143:1 3110:11; 3115:6; 3121:19; VOC [3] - 3275:7, 14, 20 WATERBIRD [2] - 2983:18; variability [2] - 3216:16; 3201:16 3126:6; 3131:9; 3139:15; VOCs [4] - 3102:7; 3275:3; 3237:1 3153:22, 24; 3155:9; 3276:15; 3277:1 waterbodies [3] - 3227:4; variable [1] - 3161:10 3232:3; 3283:19 3159:12, 18; 3189:22; voice [5] - 3035:2; 3081:10; 3193:12; 3197:6; 3202:18, variables [1] - 3217:15 3082:6 Waters [1] - 3103:13 Variation [5] - 3116:8, 11; 20; 3204:9, 14, 19; 3205:6, voices [2] - 3007:19; 3081:10 waters [5] - 3160:6; 3201:3; 3117:3; 3143:7, 11 3264:18; 3320:14 9; 3210:7; 3216:13; volatile [1] - 3276:16 variations [1] - 3207:20 watershed [3] - 3205:2; 3217:13, 17; 3220:8; Volatile [1] - 3102:8 3221:21; 3231:7; 3242:15; variety [2] - 3126:23; 3160:5 3281:16, 19 volatility [1] - 3276:12 3243:15; 3254:5; 3262:25; various [21] - 2991:23; watt [1] - 3176:17 Vollema [1] - 3103:13 3267:23; 3278:7; 3286:4; 3049:15; 3056:5, 12; Watt [4] - 3099:25; 3100:1; VOLLEMA [2] - 2981:22; 3058:14; 3060:5, 7; 3295:14; 3296:6, 8, 16, 22; 3089:17 3176:1; 3270:23 3298:25; 3299:24; 3306:4, 3114:8, 18; 3116:16; WATT [3] - 2981:16; 3089:5; VOLUME [1] - 2976:17 7; 3308:25; 3310:15, 22, 3175:13; 3179:22; 3176:19 volunteer [3] - 3019:18; 24; 3319:12; 3320:12; 3194:14, 17, 22; 3200:19; 3054:14; 3074:25 ways [6] - 3076:12; 3159:10; 3321:19, 23; 3323:2, 6 3219:3; 3258:19; 3312:12; 3160:14; 3206:16; 3210:3; volunteers [1] - 3054:13 update [1] - 3158:10 3314:12 3259:5 vote [1] - 3085:17 updated [1] - 3153:14 vary [4] - 3111:20, 23; WBEA [4] - 3250:9; 3272:9, voted [2] - 3048:25 upgrader [4] - 3183:20; 3112:1 12, 16 vegetation [7] - 3128:9; 3186:15, 18; 3188:2 W Weapons [1] - 3079:11 upgraders [5] - 3183:7, 18, 3227:18; 3228:11, 20, 25; weather [2] - 3140:2, 6 25; 3186:7; 3187:3 3229:14; 3284:19 website [1] - 3153:17 upgraders" [1] - 3183:22 vehicle [4] - 3035:22; 3271:9, wager [1] - 3269:15 Wednesday [6] - 2987:1; upgrading [1] - 3188:24 15; 3274:4 wagons [1] - 3003:19 3121:7, 19, 23; 3122:4, 19 upheld [1] - 3039:15 venue [4] - 3027:3; 3121:9, waiting [2] - 3082:3; 3199:3 WEDNESDAY [1] - 2980:3

Realtime Connection - the Realtime EXPERTS - [email protected] 48 Shell Jackpine Mine Expansion, Fort McKay, Alberta - Volume 13

week [8] - 3021:11; 3067:19; WILL [2] - 2986:9; 3289:15 woman [1] - 3025:16 20; 3085:14; 3155:3; 3091:18; 3098:7; 3121:7; WILLIAM [2] - 2981:13; wonder [4] - 2987:5, 14; 3162:2; 3190:12; 3191:9; 3123:4; 3193:6, 21 3088:23 3306:16; 3325:24 3216:24; 3227:11; 3229:5, weekend [3] - 3007:9; William [10] - 3007:8; wondering [21] - 3050:1; 9; 3232:25; 3233:12; 3014:5; 3058:12 3009:17; 3010:7; 3028:7; 3104:21; 3141:6; 3152:10; 3236:21, 23; 3246:7, 23; weekends [2] - 3020:2; 3031:18, 25; 3058:7, 12; 3162:4; 3172:22; 3192:18; 3265:8; 3270:11-13; 3074:25 3059:1; 3098:19 3201:10; 3211:19; 3284:4, 24; 3285:5; weeks [4] - 3022:21; willing [4] - 3008:8; 3010:13; 3221:24; 3238:5; 3260:16; 3286:10, 16, 20; 3287:7, 9; 3042:23; 3054:1; 3181:14 3210:23; 3267:24 3280:25; 3295:4, 24; 3318:5, 9, 13; 3325:10 well-established [1] - wind [3] - 3254:18; 3255:1; 3302:17; 3306:25; Yellow [1] - 3154:23 3189:14 3261:21 3308:15; 3309:13; yellow [2] - 3155:6; 3157:5 west [1] - 3287:17 winding [1] - 3255:25 3311:25; 3312:4 Yellowknife [1] - 3100:6 western [1] - 3034:16 Winnipeg [2] - 3003:15; Wood [4] - 2979:3; 3026:13; yesterday [27] - 2988:5, 16, Western [1] - 3035:8 3040:19 3029:9; 3137:22 21; 2992:4, 23; 3003:2; Westman [1] - 2979:9 winter [4] - 3010:24; 3045:4; wood [1] - 3040:25 3005:3, 13, 21; 3012:11; wetland [3] - 3128:2; 3129:3 3106:8; 3107:11 woodland [1] - 3098:3 3014:24; 3015:1; 3016:23; Wetland [1] - 3299:14 wintering [1] - 3126:22 Woodland [1] - 3146:14 3019:18; 3025:13; 3027:9; wetlands [2] - 3136:20; winters [1] - 3010:21 word [7] - 3049:22; 3051:13; 3049:18; 3062:14; 3151:14 wise [1] - 3252:21 3086:1; 3130:17; 3234:23; 3086:15; 3094:8; 3199:17; whereas [1] - 3264:18 wish [3] - 3094:15; 3095:14, 3277:8 3200:14; 3253:12; whereby [3] - 3042:4, 11; 18 words [2] - 3159:20; 3238:23 3289:19; 3290:8; 3291:11 3047:25 wishes [1] - 3258:22 workout [1] - 3161:3 yesterday's [1] - 3024:24 WHEREOF [1] - 3327:13 WITH [19] - 2980:6, 10, 13, works [4] - 3013:15; 3052:2; Yetimgeta [1] - 2977:15 WHETHER [8] - 2985:22; 18, 22; 2981:3; 2985:8, 10, 3085:1; 3259:18 younger [1] - 3286:6 2986:3, 7-8; 3256:20; 18, 22; 2988:12; 2989:22; world [2] - 3241:5; 3251:5 yourself [1] - 3110:16 3261:5; 3289:13, 15 2990:13; 3055:22; World [1] - 3289:21 Yukon [1] - 3171:11 WHICH [2] - 2985:8; 3178:8 3073:25; 3178:7, 10; world-class [1] - 3251:5 white [3] - 3000:13, 21; 3256:14, 20 worried [1] - 3062:7 Z 3013:20 withdraw [1] - 3224:17 worries [4] - 3015:16; whitefish [1] - 3287:20 withdrawal [4] - 3210:9, 24; 3069:3, 8; 3070:12 Zalik [1] - 2979:11 whole [14] - 3018:15; 3211:16; 3212:13 worry [1] - 3069:5 zero [1] - 3264:17 3026:15, 17; 3043:14; withdrawals [15] - 3208:15, worth [1] - 3224:9 3055:6; 3075:20; 3076:16; 20; 3209:3, 7, 23; 3210:13, worthwhile [1] - 3204:9 3077:23; 3078:20; 15; 3211:9; 3219:21; WOULD [2] - 2985:14; Î 3081:23; 3182:12; 3217:4; 3221:16; 3223:6, 13, 17; 3192:14 3250:22 3225:6 wrap [1] - 3298:25 Île-à-la-Crosse [3] - 3077:6; WIACEK [17] - 2981:17; withdrawing [3] - 3209:9, writing [3] - 3007:12; 3264:3 3079:15, 22 3089:6; 3105:14; 3110:14; 11; 3211:17 WRITTEN [4] - 2985:13; 3119:10; 3124:6; 3132:21; withdrew [1] - 3035:3 3192:13 3133:25; 3140:4; 3142:25; withstand [2] - 3116:18; written [9] - 2995:1; 3090:7; 3149:11, 19; 3154:14; 3241:1 3091:1; 3095:3; 3101:12; 3295:9; 3304:3; 3306:6; witness [15] - 3045:23; 3180:7; 3192:5; 3314:20 3324:6 3057:5; 3092:24; 3095:9; wrote [2] - 3212:21; 3252:11 Wiacek [10] - 3097:18, 20; 3096:5; 3098:8; 3113:15; 3105:20; 3108:16; 3115:20; 3118:15, 18; Y 3125:24; 3133:6; 3134:25; 3130:16; 3174:2; 3238:9; 3135:16; 3295:7; 3303:23 3291:4, 8 wide [2] - 3170:6; 3221:14 WITNESS [10] - 2980:13, 18, Yanik [1] - 3058:18 Wide [1] - 2992:19 23; 2981:3, 7; 2990:13; year [19] - 3042:18; 3043:7; wife [2] - 3031:25; 3058:18 3055:23; 3074:1; 3088:11; 3048:20; 3140:15; 3154:7; wild [1] - 3171:6 3327:13 3158:12, 21; 3163:6; 3165:24; 3166:23; 3167:6; wildfires [1] - 3171:19 witnesses [20] - 2990:19; 3181:15; 3189:13; wildlife [22] - 3040:24; 3041:22; 3049:19; 3087:5; 3097:14, 22; 3098:5; 3088:2; 3089:22; 3090:11, 3190:12; 3197:23; 3199:7; 3105:13; 3112:21; 16; 3092:6, 25; 3093:7; 3218:20; 3266:2; 3277:1 3114:11; 3115:8; 3127:14, 3094:10, 13, 18, 25; years [48] - 2992:2; 3003:20; 17-18; 3128:7; 3143:2; 3096:22; 3226:16; 3290:9, 3007:16; 3012:2; 3018:4; 3144:25; 3146:4; 3174:22; 14 3035:7; 3036:16; 3038:13; 3200:4, 7, 18; 3296:1 WITNESSES [2] - 2981:5; 3041:11; 3046:1; 3049:11; 3071:8; 3081:17; 3082:1, Wildlife [1] - 3199:15 3087:15

Realtime Connection - the Realtime EXPERTS - [email protected]