5.1 - CONSULTATION -

Viterra-Cascadia Terminal Capacity Expansion Project (Viterra East) – Aboriginal Engagement Summary

Prepared for: Prepared by: Pertains to:

Canadian Pacific Railway Hemmera Envirochem Inc. VFPA file No.: 19-006 Building 9 18th Floor, 4730 Kingsway DFO file No.: 19-HPAC-00243 1670 Lougheed Highway , BC V5H 0C6 Port , BC V3B 5C8 T: 604.669.0424 F: 604.669.0430 hemmera.com

June 18, 2019

190618_FINAL_Cascadia_AbEngSummary.docx Canadian Pacific Railway Viterra-Cascadia Terminal Capacity Expansion Project (Viterra East) – Aboriginal Engagement Summary 19-HPAC-00243

TABLE OF CONTENTS

LIST OF ACRONYMS AND ABBREVIATIONS ...... II

LIST OF SYMBOLS AND UNITS OF MEASURE ...... II

1.0 INTRODUCTION ...... 1 1.1 Project Overview ...... 1 1.2 Regulatory Context ...... 1 1.2.1 VFPA Category C Review – Aboriginal Consultation Requirements ...... 1

2.0 ENGAGEMENT APPROACH ...... 4 2.1 Engagement Objectives ...... 4 2.2 Aboriginal Groups Identified for Engagement ...... 4

3.0 KEY ENGAGEMENT ACTIVITIES ...... 6

4.0 ISSUES TRACKING LOG ...... 11

5.0 ENGAGEMENT SUMMARY ...... 12

6.0 CLOSURE ...... 13

LIST OF TABLES (WITHIN TEXT)

Table 1 Key Engagement Activities ...... 9 Table 2 Issues Raised by Aboriginal Groups during Early Engagement ...... 11

LIST OF FIGURES (WITHIN TEXT)

Figure 1 Viterra-Cascadia Terminal Capacity Expansion Project, located in the , Burnaby, BC...... 2 Figure 2 Viterra–Cascadia Terminal Capacity Expansion Project Footprint and Fish Habitat Impact Summary ...... 3

LIST OF APPENDICES

Appendix A Project Notification Letter Appendix B Record of Contact with Aboriginal Groups

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LIST OF ACRONYMS AND ABBREVIATIONS

Acronym / Abbreviation Definition CP Canadian Pacific Railway Hemmera Hemmera Envirochem Inc. PER Project and Environmental Review Project Viterra-Cascadia Terminal Capacity Expansion Project VFPA Fraser Port Authority

LIST OF SYMBOLS AND UNITS OF MEASURE

Symbol / Unit of Measure Definition m metres

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1.0 INTRODUCTION

Hemmera Envirochem Inc. (Hemmera) was retained by Canadian Pacific Railway (CP) to support Aboriginal engagement and consultation activities for the proposed Viterra-Cascadia Terminal Capacity Expansion Project (the “Project”). This summary report pertains to the Viterra East portion of the project.

The consultation activities are being undertaken in support of CP’s application for a permit under the Vancouver Fraser Port Authority’s (VFPA) Project and Environmental Review (PER) – Category C process. In addition, CP will be submitting a federal Fisheries and Oceans (DFO) Fisheries Act Para. 35(2)b Authorization application and a Transport Canada Navigation Protection Act work assessment. This report describes engagement activities with potentially affected Aboriginal groups undertaken by Hemmera, on behalf of CP, prior to application submission.

1.1 Project Overview

The Viterra East Project involves expansion of rail capacity east of Viterra’s Cascadia Terminal on Burrard Inlet in Vancouver, BC to accommodate unloading of additional grain product at the terminal (Figure 1). Specifically, existing track will be increased in length by approximately 300 metres (m) to the north of the existing mainline track. To enable this expansion, a rock embankment will be constructed that will encroach into Burrard Inlet by approximately 20 m (Figure 2).

During construction, the Project Area will be accessed by water. A crane-mounted derrick and a material supply barge will be anchored offshore, and a work pad will be temporarily constructed at the west end of the Project site to unload materials. Granular and rock fill will be transported to the site via barge.

1.2 Regulatory Context

The Project will require the following approvals/permits, some of which have been received: • Archaeological permits (received) • VFPA Category A Permit for geotechnical drilling investigation (received) • VFPA Category C Project Permit under the PER process • VFPA licence/lease for the expanded track area • DFO Para. 35(2)b Fisheries Act Authorization • Navigation Protection Act work assessment

1.2.1 VFPA Category C Review – Aboriginal Consultation Requirements

According to VFPA guidance, Aboriginal consultation is typically a requirement for the VFPA PER – Category C process. Applicants are encouraged to engage with Aboriginal groups prior to submitting a completed application (i.e., during submission development and review). Additionally, applicants are generally expected to collaborate closely with VFPA to undertake formal Aboriginal consultation activities, which commence once the VFPA has accepted a complete Project application for review.1

1 VFPA. 2015. Project and Environmental Review: Aboriginal Consultation – Information for Applicants. Retrieved on 22 May 2019 from https://www.portvancouver.com/wp-content/uploads/2017/04/VFPA-PER-Aboriginal-Consultation-Information-for- Applicants-FINAL-2015-07-09.pdf

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2.0 ENGAGEMENT APPROACH

2.1 Engagement Objectives

Hemmera and CP, engaged Aboriginal groups early in the application planning and preparation process. Objectives of these early engagement activities include the following: • Establish productive and enduring relationships with Aboriginal groups that may be impacted by the Project • Better understand potential impacts on Aboriginal groups’ unique rights and interests, as well as associated concerns • Collaboratively develop mitigation measures and other strategies for addressing potential concerns and adverse impacts

CP is committed to fostering and maintaining regular dialogue and communications throughout the early stages of the project planning and permitting phases of the project lifecycle. This commitment by CP will continue throughout the VFPA’s formal consultation period and as required during the construction phase.

2.2 Aboriginal Groups Identified for Engagement

To inform the scope of project engagement, VFPA provided CP with the following list of eleven Aboriginal groups whose traditional territories overlap the Project site. • • Lake Cowichan First Nation • Lyackson First Nation • Tribe • • Stó:lō Nation • Stz’uminus First Nation • Tsleil-Waututh Nation

CP initiated communication with these First Nations by providing a letter dated February 25, 2019 outlining the scope and rationale for the Project and requested that First Nations express their level of interest in the Project. CP then followed up with the eleven First Nations by phone and email to confirm receipt of the Project notification letter. Specific dates of correspondence are provided in Appendix B.

Subsequent to CP’s communication, the Kwikwetlem First Nation and the Tsleil-Waututh Nation formally expressed their interest in the Project by email on February 25, 2019 and February 28, 2019, respectively.

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The following Aboriginal groups either deferred to other Nations or indicated that they did not require further engagement on the project: • Cowichan Tribes • Halalt First Nation • Lake Cowichan First Nation • Squamish Nation • Stó:lō Nation

To date, four Aboriginal groups have not formally responded to the Project notification letter and follow-up correspondence: • Lyackson First Nation • Musqueam Indian Band • Penelakut Tribe • Stz’uminus First Nation

CP and Hemmera continue to reach out to groups that have not responded to confirm receipt of the Project notification letter and offer opportunities for further engagement.

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3.0 KEY ENGAGEMENT ACTIVITIES

To date, key engagement activities have included the following (see Table 1): • Providing Aboriginal groups with a Project notification letter • Following up with Aboriginal groups by phone and email to confirm receipt of the Project notification letter • Answering any initial questions • Holding introductory meetings, as requested • Holding fisheries offsetting consultation sessions, as requested • Providing key Project documents to Aboriginal groups, as requested: Draft Aquatic Effects Assessment2 (renamed Habitat Assessment), Draft Habitat Assessment3, Draft Offsetting Plan4, and Draft Construction Environmental Management Plan5

CP is actively engaged with the Kwikwetlem First Nation and the Tsleil-Waututh Nation and has established a formal relationship through a Capacity Funding agreement with the Kwikwetlem First Nation. CP is in the process of establishing a similar agreement with the Tsleil-Waututh Nation. The intention of these agreements is to provide suitable funding for the technical and cultural (TK) review and input into the project. Specific engagement activities completed to date with both Nations have included: Project introductory meetings and offsetting-specific consultation sessions on April 26, 2019 (Tsleil-Waututh Nation), and May 1, 2019 (Kwikwetlem First Nation), and providing key Project documents to Aboriginal groups. The objective of these engagement activities has been to work collaboratively with these engaged First Nations, to obtain their feedback on the Project, associated resource values (e.g., sensitive habitats, such as kelp beds), appropriate mitigation measures, and potential offsetting options.

The following sub-sections describe in more detail how CP collaborated with Aboriginal groups and responded to their feedback.

Task-Specific Engagement (Pre-construction Archaeological Field Assessment)

In January 2019, Terra Archaeology, on behalf of CP, initiated engagement with select Aboriginal groups in support of a BC Heritage Conservation Act permit application. Specifically, Terra Archaeology distributed Permit 2018-0282 Notice of Work to potentially affected Aboriginal groups, applied for Aboriginal group- specific archaeological permits, and conducted a pre-construction archaeological field assessment with Kwikwetlem First Nation and Tsleil-Waututh Nation participants (Table 1).

2 Hemmera Envirochem Inc. 2019a. Viterra Cascadia Terminal Track Expansion Aquatic Effects Assessment (Draft dated March 15, 2019). Prepared for Canadian Pacific Railway. 3 Hemmera Envirochem Inc. 2019b. Viterra Cascadia Terminal Track Expansion – Habitat Assessment (Draft dated May 14, 2019) Prepared for Canadian Pacific Railway Company. 4 Hemmera Envirochem Inc. 2019c. Viterra Cascadia Terminal Track Expansion – Offsetting Plan (Draft dated May 14, 2019). Prepared for Canadian Pacific Railway Company. 5 Hemmera Envirochem Inc. 2019d. Viterra Cascadia Terminal Track Expansion – Construction Environmental Management Plan: VFPA PER No. 19-00 (Draft dated May 14, 2019). Prepared for Canadian Pacific Railway.

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Task-Specific Engagement (Pre-project Planning – Draft Aquatic Effects Assessment)

Upon review of the Aquatic Effects Assessment (sent by Hemmera on behalf of CP to Aboriginal groups on March 15, 2019; subsequently renamed the Habitat Assessment), Tsleil-Waututh Nation provided input on site history and the decline of Pacific herring in Burrard Inlet and requested that the assessment be updated to reflect this information. The Tsleil-Waututh Nation also noted the presence of kelp beds within the vicinity of the Project and the potential for impacts from the Project. In addition, a recommendation was provided by Tsleil-Waututh Nation for CP to consider inclusion of soft shore erosion protection in the design of the Project. CP ensured that the Habitat Assessment included additional information regarding site history, Pacific herring decline, and both the location of kelp beds and potential interactions with the Project. More specifically, kelp bed mapping information provided by Tsleil-Waututh Nation was incorporated within the Habitat Assessment and included in the Project’s effects assessment.

Task-Specific Engagement (Pre-project Planning – Habitat Offsetting Consultation Sessions)

The Tsleil-Waututh Nation and the Kwikwetlem First Nation explained to CP that they wanted to provide input towards habitat offsetting and expressed an interest in participating in the development of the offsetting plan. On April 26, 2019 and May 1, 2019, CP held offsetting-specific consultation sessions with Tsleil-Waututh Nation and Kwikwetlem First Nation, respectively. CP and Hemmera presented proposed offsetting concepts. The Tsleil-Waututh Nation and the Kwikwetlem First Nation were offered to provide feedback, which was in turn incorporated into the final Offsetting Plan.

CP collaborated with Tsleil-Waututh Nation and Kwikwetlem First Nation during and following the offsetting consultation sessions. Both Tsleil-Waututh Nation and Kwikwetlem First Nation indicated general support for the proposed offsetting, including the on-site approach focusing on inclusion of artificial reefs providing valuable habitat for kelp, fish and other species, with the understanding that a draft Offsetting Plan would be provided for further review and input. Feedback from Tsleil-Waututh Nation and Kwikwetlem First Nation was carefully considered, and changes were made to the offsetting approach where appropriate and feasible. The Tsleil-Waututh Nation noted recent evidence of Pacific herring spawning within Indian Arm (April 2019) and both the Tsleil-Waututh and the Kwikwetlem First Nation recommended that offsetting habitats incorporate design features that would benefit Pacific herring spawning habitat values. The Tsleil- Waututh Nation also expanded upon a previous recommendation provided during review of the original Aquatic Effects Assessment for inclusion of soft shore erosion protection designs for the Project by suggesting that offsetting include soft engineering approaches (e.g., beaches) whenever feasible when pursuing offsetting within Burrard Inlet.

CP ensured that the Offsetting Plan included thorough consideration of design options that might further enhance herring spawning habitat values over the original offsetting concepts. CP also considered the inclusion of beaches into the offsetting design and reached a conclusion that site conditions and tidal currents would preclude inclusion of finer substrate sizes. Kwikwetlem First Nation also recommended the inclusion of a research component within planned offsetting that could inform general knowledge and benefit future management decisions (e.g., deployment of underwater cameras to record colonization and fish presence), which remains as a point of discussion as offsetting works advance. As requested by the Nations, CP continues to work closely and share information with the Tsleil-Waututh Nation and the Kwikwetlem First Nation and plans to include them in monitoring activities.

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Task-Specific Engagement (Pre-project Planning – Draft Habitat Assessment, Offsetting Plan and Construction Environmental Management Plan)

In mid-May 2019, Hemmera, on behalf of CP, shared the draft Habitat Assessment (replacing the previous Aquatic Effects Assessment), Offsetting Plan, and Construction Environmental Management Plan with the Tsleil-Waututh Nation and the Kwikwetlem First Nation.

Habitat Assessment

The Kwikwetlem First Nation noted that fish use within the Project Area was not based on actual numbers and that project monitoring could build more confidence around similar assessments and assumptions. In addition, Kwikwetlem First Nation requested the inclusion of additional assessment information on habitat quality in addition to habitat availability in the assessment. In response, CP ensured that habitat effectiveness monitoring proposed within the Offsetting Plan would provide details on habitat use by motile aquatic biota (including fish) and provided more details on fish habitat values within both the Habitat Assessment and the Offsetting Plan.

Offsetting Plan

In response to the Kwikwetlem First Nation’s request to ensure adequacy of offsetting effectiveness monitoring, CP acknowledged that five-year monitoring was necessary and modified post-construction monitoring metrics to support thorough assessments of habitat values. Kwikwetlem First Nation also expressed an interest and, as a result, CP intends to share environmental monitoring reports for construction of offsetting habitat with the Kwikwetlem First Nation. Kwikwetlem First Nation further expressed an interest in training and employment opportunities during construction of offsetting habitats. CP plans to follow-up on these opportunities, including having a Cultural Monitor on-site during construction. With respect to Kwikwetlem First Nation’s reiterated request for inclusion of Pacific herring spawning habitat considerations, CP ensured that the Offsetting Plan included thorough consideration of design options that might further enhance herring spawning habitat values over the original offsetting concepts. Kwikwetlem First Nation also reiterated the previous recommendation for CP to consider potential deployment of underwater cameras to record colonization and fish presence, which has been referenced by CP in the updated Offsetting Plan with the understanding that research components during offsetting remain as a point of discussion with Aboriginal groups as offsetting works advance.

Construction Environmental Management Plan

The Tsleil-Waututh Nation indicated a desire to have their archaeological Chance Find Guideline included in the Construction Environmental Management Plan. CP confirmed that the Chance Find Guidelines are reflected in the Construction Environmental Management Plan and that a cultural presentation would be delivered on-site.

The Kwikwetlem First Nation expressed an interest in receiving construction environmental monitoring reports, and as a result, CP intends to share these reports with the Kwikwetlem First Nation. The Kwikwetlem First Nation expressed an interest in training and employment opportunities during construction. CP plans to follow-up on these opportunities, including having a Cultural Monitor on-site during construction.

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Table 1 Key Engagement Activities

Key Activities Details Aboriginal Groups Dates Musqueam Indian Band Terra Archaeology Terra Archaeology provided Permit Squamish Nation distributed Permit 2018-0282 Notice of Work to potentially January 31,

2018-0282 Notice of affected Aboriginal groups for their Stó:lō Nation 2019 Work review and comment. Stó:lō Tribal Council Tsleil-Waututh Nation Terra Archaeology applied for Aboriginal group-specific archaeological permits, where applicable: Terra Archaeology • Musqueam Nation Heritage Musqueam Indian Band applied for Aboriginal Investigation Permit Squamish Nation February 4, group-specific • Squamish Nation Archaeological Stó:lō Nation 2019 archaeological Investigation Permit permits Tsleil-Waututh Nation • Stó:lō Heritage Investigation Permit • Tsleil-Waututh Nation Cultural Heritage Investigation Permit Hemmera sent a Project notification Cowichan Tribes letter (via post and email) to the 11 Halalt First Nation Aboriginal groups identified by VFPA Kwikwetlem First Nation (see Appendix A). The letter included Lake Cowichan First Nation the following information: Hemmera sent Lyackson First Nation February 25-26, Project notification • Project overview Musqueam Indian Band 2019 letters • Project location Penelakut Tribe • Project design drawing Squamish Nation • Key construction activities Stó:lō Nation • Regulatory requirements Stz’uminus First Nation • CP contact information Tsleil-Waututh Nation Cowichan Tribes Hemmera phoned and/or emailed 10 Halalt First Nation Aboriginal groups to confirm receipt of Kwikwetlem First Nation the Project notification letter, answer Lake Cowichan First Nation Hemmera followed any initial questions, and coordinate Lyackson First Nation March 12, 2019 up with Aboriginal introductory meetings, as requested Musqueam Indian Band – ongoing groups (Stó:lō Nation had already responded to the Project notification letter and Penelakut Tribe deferred consultation to other First Squamish Nation Nations). Stz’uminus First Nation Tsleil-Waututh Nation CP and Hemmera held introductory meetings with Aboriginal groups, as CP and Hemmera requested. A project overview was Kwikwetlem First Nation March 8 and 12, held introductory presented, and opportunities were 2019 meetings provided for Aboriginal groups to share Tsleil-Waututh Nation initial questions, comments, and concerns. Terra Archaeology led a pre- Terra Archaeology construction archaeological assessment led a pre-construction Kwikwetlem First Nation with participants from potentially March 2019 archaeological affected Aboriginal groups that Tsleil-Waututh Nation assessment expressed interests in the Project.

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Key Activities Details Aboriginal Groups Dates Hemmera provided the draft Aquatic Effects Assessment6 (renamed Habitat Assessment) to Tsleil-Waututh Nation, following the introductory meeting, at Hemmera provided the Nation’s request. Hemmera draft Aquatic Effects provided a subsequent version of the Tsleil-Waututh Nation March 22, 2019 Assessment draft Aquatic Effects Assessment (renamed Habitat Assessment) to Kwikwetlem First Nation, as described below (see “Hemmera provided key Project documents”). CP and Hemmera held offsetting consultation sessions with Aboriginal CP and Hemmera groups, as requested. Proposed held fisheries habitat Tsleil-Waututh Nation April 26 and offsetting activities were presented, and offsetting May 1, 2019 opportunities for Aboriginal groups to Kwikwetlem First Nation consultation sessions provide preliminary feedback were provided. Hemmera provided key Project documents to Aboriginal groups for their Hemmera provided review and comment, including: Kwikwetlem First Nation May 14-16, key Project • Draft Habitat Assessment7 Tsleil-Waututh Nation 2019 documents • Draft Offsetting Plan8 • Draft Construction Environmental Management Plan9

6 Hemmera Envirochem Inc. 2019a. Viterra Cascadia Terminal Track Expansion Aquatic Effects Assessment (Draft dated March 15, 2019). Prepared for Canadian Pacific Railway. 7 Hemmera Envirochem Inc. 2019b. Viterra Cascadia Terminal Track Expansion – Habitat Assessment (Draft dated May 14, 2019) Prepared for Canadian Pacific Railway Company. 8 Hemmera Envirochem Inc. 2019c. Viterra Cascadia Terminal Track Expansion – Offsetting Plan (Draft dated May 14, 2019). Prepared for Canadian Pacific Railway Company. 9 Hemmera Envirochem Inc. 2019d. Viterra Cascadia Terminal Track Expansion – Construction Environmental Management Plan: VFPA PER No. 19-00 (Draft dated May 14, 2019). Prepared for Canadian Pacific Railway.

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4.0 ISSUES TRACKING LOG

Table 2 below summarizes Project-related comments and concerns identified by Aboriginal groups, CP responses, and status (current to June 9, 2019). To date, comments and concerns have been shared only by the Kwikwetlem First Nation and the Tsleil-Waututh Nation. Hemmera, on behalf of CP, will continue to track issues raised by Aboriginal groups and how these are addressed.

Table 2 Issues Raised by Aboriginal Groups during Early Engagement

Aboriginal Group Comments and Concerns Responses Status Draft Aquatic Effects Assessment Recommended minor revisions to (renamed Habitat Assessment) updated Complete Draft Aquatic Effects Assessment accordingly CP added kelp data to project footprint Shared concerns about kelp figure to show potential overlaps with Complete shading kelp Recommended that a kelp bed Offsetting Plan updated to reflect related study be conducted as part of the Complete discussions with Aboriginal groups compensation program Recommended use of soft shore Offsetting Plan updated to reflect related Complete erosion protection discussions with Aboriginal groups Requested that biodegradable oil be used by all machines working CP shared that this is standard practice Complete Tsleil-Waututh near water Nation Offsetting Plan revised to assess design Recommended creating herring options that might enhance herring spawning habitat in the area, if Complete spawning habitat and evaluate need for feasible any design changes CP confirmed that there should be no Requested addition of a filter to Complete the rip rap slope issues with “side cast” from railcars, as there are no oil facilities in the area Construction Environmental Management Plan and enclosed Chance Requested that Chance Find Find Procedure reflect Tsleil-Waututh Procedure reflect Tsleil-Waututh Chance Find Guidelines (e.g., Complete Chance Find Guidelines requirement for an on-site presentation, inclusion of a Cultural Monitor in construction monitoring activities)

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Aboriginal Group Comments and Concerns Responses Status CP acknowledged that 5-year Recommended 5-year effectiveness monitoring is necessary to Complete effectiveness monitoring ensure offsetting objectives are met CP shared that some employment and Inquired about employment and training opportunities are anticipated and training opportunities for In Progress will follow up with Aboriginal groups as Indigenous monitors project proceeds Requested construction CP committed to sharing construction In Progress monitoring reports sharing monitoring reports, as available Offsetting Plan revised to assess design Recommended improvement to options that might enhance herring Complete herring spawning habitat spawning habitat and evaluate need for Kwikwetlem First any design changes Nation Recommended underwater Offsetting Plan revised to reference this Complete camera deployment recommendation Noted that project monitoring would help build confidence in CP acknowledged comment Complete understanding of habitat for future assessments Proposed metrics for post-construction Shared concerns with assessment monitoring modified to reflect intention of of habitat value compared to Complete ensuring habitat value is thoroughly availability assessed Noted that mitigation measures CP acknowledged comment and are closely tied to effectiveness committed to prompt sharing of Complete monitoring and timely reporting construction monitoring reports

5.0 ENGAGEMENT SUMMARY

CP initiated early engagement activities with eleven Aboriginal groups in February 2019, as guided by VFPA. To date, the Kwikwetlem First Nation and the Tsleil-Waututh Nation have shared their interests in the Project. Five Aboriginal groups have deferred their interests in the Project, and four Aboriginal groups have not formally responded to the Project notification letter and subsequent correspondence.

Hemmera continues to facilitate engagement activities with the Kwikwetlem First Nation and the Tsleil- Waututh Nation. CP and Hemmera met with the Kwikwetlem First Nation and the Tsleil-Waututh Nation (separately) for Project introductory meetings and consultation sessions specific to fisheries habitat offsetting. Key Project documents, including the Draft Habitat Assessment, Draft Offsetting Plan, and Draft Construction Environmental Management Plan, have also been provided to both First Nations for review and comment. Hemmera revised these documents based on the Aboriginal groups’ comments.

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6.0 CLOSURE

We appreciate the opportunity support CP. If there are any questions, please do not hesitate to contact the undersigned by phone at 604.669.0424.

Report prepared by: Report reviewed by: Hemmera Envirochem Inc. Hemmera Envirochem Inc.

Celine Lee, B.Sc. (Honours) John Emery, MA, Dipl. Tech., AScT, EP Human Environment Specialist Community Engagement Lead

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APPENDIX A Project Notification Letter

Joe Van Humbeck 7550 Ogden Dale Road SE T 403 319 6530 System Manager Environmental Assessment Calgary Alberta C 403 809 2530 Environmental Risk Canada T2C 4X9 E [email protected]

[Date]

[Aboriginal Group Contact] [Address – Line 1] [Address – Line 2]

BY: [Delivery Method]

Dear [Aboriginal Group Contact]:

Re: Proposed CP Capacity Expansion Project – Viterra Cascadia Terminal Track Expansion

Canadian Pacific Railway (CP) is proposing to expand rail operations capacity near the Viterra Cascadia Terminal on Burrard Inlet, Vancouver, BC to facilitate movement of additional grain product into this terminal. The proposed track upgrade involves increasing the length of the existing third track by approximately 300 metres (m) to the east of the Cascadia Terminal, as shown in Figure 1. The project will involve widening the existing CP rail bed into Burrard Inlet by placing clean, engineered, fill material into the intertidal and potentially subtidal marine environment, as shown in Figure 2.

The proposed construction activities are anticipated to occur from the marine side of the project area facilitated by a crane- mounted derrick and a material supply barge anchored immediately offshore. A work pad will be temporarily constructed at the west end of the project site to support construction activities. A biophysical survey and geotechnical drilling program will be conducted to determine baseline environmental and soil conditions to support the environmental assessment and design.

The proposed rail extension requires Vancouver Fraser Port Authority (VFPA) approval, pursuant to the Project and Environmental Review (PER) process. CP will also require an interest in land from VFPA, either in the form of a licence or lease, for the expanded track area that extends into Burrard Inlet. Fisheries and Oceans Canada (DFO) will have interest in the project and, based on our present understanding of the area of marine fish habitat subject to infill, the project is anticipated to require an Authorization pursuant to Section 35(2) of the Fisheries Act. An Authorization would also necessitate offsetting for any temporal and residual effects to fish and fish habitat (that remain following implementation of any mitigation measures).

Project planning and permitting activities are expected to be complete in Q1 to Q3 of 2019 and construction is proposed for Q4 2019. The project is planned to be operational in spring 2020.

CP is committed to creating long-lasting relationships with communities and their leaders and building a better understanding of how we operate along the way. As such, we would like to better understand your interest, if any, in this Project. I would be happy to discuss the project in further detail and I am available to provide additional information to help address any questions or concerns you may have at this time. I can be reached by email at [email protected] or by telephone at 403-319-6530.

Sincerely, Canadian Pacific

Joe Van Humbeck System Manager Environmental Assessment

cc: [Aboriginal Group Contact]

190618_FINAL_Cascadia_AbEngSummary.docx

Figure 1 Project Location

Figure 2 Project Design

190618_FINAL_Cascadia_AbEngSummary.docx

APPENDIX B Record of Contact with Aboriginal Groups

Canadian Pacific Railway Appendix B Viterra-Cascadia Terminal Capacity Expansion Project (Viterra East) – Aboriginal Engagement Summary 19-HPAC-00243

Aboriginal Sender/ Actions/Follow-ups Indicates Date Method Recipient Description Attachments Group Attendees Complete

Eamon Gaunt ([email protected]), Natalie Anderson Hemmera emails project notification letter to Nation (includes Cowichan Crystal Lloyd (Hemmera), on ([email protected]), Candace 25/02/2019 Email project overview, anticipated regulatory activities, and Project notification letter Tribes behalf of Joe Van Humbeck (CP) Charlie ([email protected]), anticipated timeline). Referral Coordinator ([email protected]) Hemmera sends project notification letter via courier to Nation Cowichan 26/02/2019 Courier Hemmera, on behalf of CP Chief William "Chip" Seymour and Councillors (includes project overview, anticipated regulatory activities, Project notification letter Tribes and anticipated timeline). Celine follows up on project notification letter. Natalie notifies Cowichan 12/03/2019 Phone Celine Lee (Hemmera) Natalie Anderson (Referrals Coordinator, CT) Celine that CT has decided to defer the project review to TWN, Tribes given the location in Burrard Inlet. Hemmera emails project notification letter to Nation (includes Halalt First Crystal Lloyd (Hemmera), on 25/02/2019 Email Raven August ([email protected]) project overview, anticipated regulatory activities, and Project notification letter Nation behalf of Joe Van Humbeck (CP) anticipated timeline). Hemmera sends project notification letter via courier to Nation Halalt First 26/02/2019 Courier Hemmera, on behalf of CP Chief James Thomas and Councillors (includes project overview, anticipated regulatory activities, Project notification letter Nation and anticipated timeline). Celine confirms with Raven that HFN received project notification letter. Raven says the referral was classified as Halalt First 14/03/2019 Phone Celine Lee (Hemmera) Raven August (Referrals, HFN) "benign" and no further follow-up is required. HFN is more Nation concerned with projects near Annacis Island in the . Hemmera emails project notification letter to Nation (includes Kwikwetlem Crystal Lloyd (Hemmera), on Ron Giesbrecht ([email protected]), Lynn 25/02/2019 Email project overview, anticipated regulatory activities, and Project notification letter First Nation behalf of Joe Van Humbeck (CP) Doolan ([email protected]) anticipated timeline). Reaman requested that he be included on all future Reaman Miller (Referrals Liaison Kwikwetlem correspondence with KFN and suggested arranging a meeting 25/02/2019 Email Officer, KFN, Crystal Lloyd (Hemmera) First Nation with Robert Corman (Director of Lands and Resources, KFN) [email protected]) and Annie Coetze (Executive Assistant, KFN). Hemmera sends project notification letter via courier to Nation Kwikwetlem 26/02/2019 Courier Hemmera, on behalf of CP Chief Ron Giesbrecht and Councillors (includes project overview, anticipated regulatory activities, Project notification letter First Nation and anticipated timeline). Crystal Lloyd (Hemmera), Trevor 1. Notify KFN when RFP package Welton (Hemmera), Chris Dane is released. (CP), Richard Dryan (CP), Nicole Kwikwetlem CP provides presentation outlining project and answers 2. Terra to follow up with KFN 08/03/2019 Meeting Oakes (KFN Arch), Craig Orr n/a First Nation questions from KFN. regarding participating in (KFN), Reaman Miller (KFN), geotechnical monitoring work on Annie Coetzee (KFN), Robert March 18, 2019. (complete) Corman (KFN) Kwikwetlem Crystal sends Annie an email thanking her for the meeting and Engineering drawing, 08/03/2019 Email Crystal Lloyd (Hemmera) Annie (KFN, [email protected]) First Nation provides follow-up materials. project presentation Ewan sends email to Nicole regarding arch concerns, provides more detailed plans for the Cascadia Track Extension, Kwikwetlem Ewan Anderson (Terra Detailed project drawing, 11/03/2019 Email Nicole Oakes ([email protected]) suggests an approach for inspecting geotechnical samples First Nation Archaeology) study area KML file after drilling, and asks if KFN would like a rep to join the pre- construction AIA. 1. KFN requests overview of Nicole responds to Ewan and highlights concerns regarding proposed methods for pre- Kwikwetlem blanket permit notifications, confirms that KFN would like to be construction AIA...Terra to provide, 11/03/2019 Email Nicole Oakes (KFN Arch) Ewan Anderson (Terra Archaeology) First Nation involved in inspection of geotechnical samples, and confirms CL to follow up. (complete) that KFN would like to be involved in pre-construction AIA. 2. KFN asks if a foreshore survey will be conducted. (complete)

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190618_FINAL_Cascadia_AbEngSummary.docx Canadian Pacific Railway Appendix B Viterra-Cascadia Terminal Capacity Expansion Project (Viterra East) – Aboriginal Engagement Summary 19-HPAC-00243

Aboriginal Sender/ Actions/Follow-ups Indicates Date Method Recipient Description Attachments Group Attendees Complete Response to KFN comments relayed to Terra by C Lloyd Kwikwetlem (Hemmera) and request for additional info about Shell Switch 11/03/2019 Email Ewan Anderson (Terra) Nicole Oakes (Brown & Oakes Archaeology) First Nation Lead project (comments also apply to Cascadia Term Ext project) Kwikwetlem 11/03/2019 Email Nicole Oakes (B&O Arch) Ewan Anderson (Terra) Response to comments First Nation Ewan responds to Nicole's March 11th email and suggests arranging a meeting to discuss general concerns with the Kwikwetlem Ewan Anderson (Terra 15/03/2019 Email Nicole Oakes (Arch, KFN) proponent, confirms geotechnical fieldwork is scheduled for First Nation Archaeology) March 25, and provides contact information for Meghan McGill to arrange involvement in review of geotechnical samples. Kwikwetlem Rescheduled fieldwork; invite to participate in assessment on 15/03/2019 Email Ewan Anderson (Terra) Nicole Oakes (Brown & Oakes Archaeology) First Nation Mar 25 Kwikwetlem Phone 20/03/2019 Meghan McGill (Terra) Nicole Oakes (Brown & Oakes Archaeology) Discuss assessment scheduled for Mar 25 First Nation Call Kwikwetlem 21/03/2019 Email Meghan McGill (Terra) Nicole Oakes (Brown & Oakes Archaeology) Follow-up to invite to participate in assessment on Mar 25 First Nation Joe Van Humbeck (CP), Jim Roberts (Hemmera), Darrell Desjardin (Hemmera), Trevor 1. KFN requests that the VFPA and Welton (Hemmera), Reaman Miller Hemmera provides overview of offsetting options and obtains DFO draft applications be Kwikwetlem (KFN, Referrals), Robert Corman 01/05/2019 Meeting n/a feedback from KFN representatives. Hemmera sends the submitted during the week of May First Nation (KFN, Lands Director), Annie PowerPoint presentation to KFN after the consultation session. 6 to enable a 30-day review period. Coetzee (KFN, Lands and (complete) Resources), Theresa Boyce (KFN, Project Manager), Craig Orr (KFN, Environmental Advisor) Robert Corman (KFN), Reaman Miller (KFN), Annie Crystal notifies KFN that a link has been provided to the PER Kwikwetlem 14/05/2019 Email Crystal Lloyd (Hemmera) (KFN), Nicole (KFN, Arch), Craig Orr (KFN) application documents for review and comments: CEMP, First Nation cc: Chris Dane (CP) Habitat Assessment, and Offsetting Plan.

Robert Corman (KFN), Reaman Miller (KFN), Annie Kwikwetlem Coetzee (KFN), Nicole Oakes (KFN, Arch), Craig Crystal notifies KFN that a revised draft of the CEMP will be 15/05/2019 Email Crystal Lloyd (Hemmera) First Nation Orr (KFN) provided shortly. cc: Chris Dane (CP)

Crystal Lloyd (Hemmera), Robert Corman (KFN), Kwikwetlem Reaman Miller (KFN), Annie (KFN), Nicole (KFN, Craig replies to Crystal's email, stating that he has just begun 15/05/2019 Email Craig Orr (KFN) First Nation Arch) to review the documents. cc: Celine Lee (Hemmera)

Robert Corman (KFN), Reaman Miller (KFN), Annie Kwikwetlem Crystal provides a link to the updated CEMP with Terra 16/05/2019 Email Crystal Lloyd (Hemmera) (KFN), Nicole (KFN, Arch), Craig Orr (KFN), Chris First Nation Archaeology's Chance Find Procedure. Dane (CP), Celine Lee (Hemmera) Comments on Viterra Crystal Lloyd (Hemmera), Robert Corman (KFN), Cascadia Terminal Track Kwikwetlem Reaman Miller (KFN), Annie Coetzee (KFN), Nicole Craig provides comments on the draft CEMP, Habitat 17/05/2019 Email Craig Orr (KFN) Expansion Offsetting Plan First Nation Oakes (KFN, Arch), Celine Lee (Hemmera), Chris Assessment, and Offsetting Plan. (includes comments on all Dane (CP) 3 plans)

Aaron Hamilton Hemmera emails project notification letter to Nation (includes Lake Cowichan Crystal Lloyd (Hemmera), on ([email protected]), Carole 25/02/2019 Email project overview, anticipated regulatory activities, and Project notification letter First Nation behalf of Joe Van Humbeck (CP) Livingstone anticipated timeline). ([email protected])

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190618_FINAL_Cascadia_AbEngSummary.docx Canadian Pacific Railway Appendix B Viterra-Cascadia Terminal Capacity Expansion Project (Viterra East) – Aboriginal Engagement Summary 19-HPAC-00243

Aboriginal Sender/ Actions/Follow-ups Indicates Date Method Recipient Description Attachments Group Attendees Complete Hemmera sends project notification letter via courier to Nation Lake Cowichan Chief Councillor Georgina Livingstone and 26/02/2019 Courier Hemmera, on behalf of CP (includes project overview, anticipated regulatory activities, Project notification letter First Nation Councillors and anticipated timeline). 1. Celine to re-send project Celine follows up with Carole regarding project notification notification letter to Carole. Lake Cowichan Carole Livingstone (Treaty and Referral Office, 12/03/2019 Phone Celine Lee (Hemmera) letter. Carole requests that letter be re-sent and KMZ files (complete) First Nation Councillor, LCFN) provided. 2. Celine to provide KMZ files, if possible. (complete) Lake Cowichan Carole Livingstone (Treaty and Referral Office, Celine re-sends project notification letter to Carole and sends Project notification letter, 12/03/2019 Email Celine Lee (Hemmera) First Nation Councillor, LCFN) shapefiles (not KMZ format). shapefiles 1. Celine to update contact Lake Cowichan Sherry notifies Joe of Nation's new mailing address and email 12/03/2019 Email Sherry Livingstone (LCFN) Joe Van Humbeck (CP) information spreadsheet. First Nation addresses. (complete) Lake Cowichan Carole Livingstone (Treaty and Referral Office, 13/03/2019 Email Celine Lee (Hemmera) Celine sends project KMZ file to Carole. KMZ files First Nation Councillor, LCFN) Lake Cowichan 28/03/2019 Phone Celine Lee (Hemmera) n/a Celine phones LCFN. The office is closed until April 1, 2019. First Nation 1. Celine to re-send project Lake Cowichan Carole Livingstone (Treaty and Referral Office, Celine follows up with Carole regarding project notification 03/04/2019 Phone Celine Lee (Hemmera) notification letter and KMZ files to First Nation Councillor, LCFN) letter. Carole's new email. (complete) Lake Cowichan Carole Livingstone (Treaty and Referral Office, Celine re-sends project notification letter and KMZ files to Project notification letter, 03/04/2019 Email Celine Lee (Hemmera) First Nation Councillor, LCFN) Carole's new email address. KMZ files Carole confirms receipt of project notification letter and KMZ Lake Cowichan Carole Livingstone (Treaty and 03/04/2019 Email Celine Lee (Hemmera) files, as well as inquires as to the primary contact for the First Nation Referral Office, Councillor, LCFN) referral. Celine responds that she can be listed as the primary contact Lake Cowichan Carole Livingstone (Treaty and Referral Office, 03/04/2019 Email Celine Lee (Hemmera) for the referral. Crystal Lloyd can also be listed as a contact, if First Nation Councillor, LCFN) possible. Carole provides the proposed referral decision: L2 - Defer to Lake Cowichan Carole Livingstone via LCFN other First Nation(s) Marine. The email states, "at this time, we 04/04/2019 Email Celine Lee (Hemmera) First Nation Knowledge Keeper defer to any Nation(s) whose title and governing authorities are directly affected." Lake Cowichan Carole Livingstone (Treaty and Referral Office, 04/04/2019 Email Celine Lee (Hemmera) Celine emails Carole to confirm receipt of the referral decision. First Nation Councillor, LCFN) Hemmera emails project notification letter to Nation (includes Lyackson First Crystal Lloyd (Hemmera), on 25/02/2019 Email [email protected] project overview, anticipated regulatory activities, and Project notification letter Nation behalf of Joe Van Humbeck (CP) anticipated timeline). Hemmera sends project notification letter via courier to Nation Lyackson First 26/02/2019 Courier Hemmera, on behalf of CP Chief Pahalicktun (Richard Thomas) and Councillors (includes project overview, anticipated regulatory activities, Project notification letter Nation and anticipated timeline). Lyackson First 1. Celine to email Maggie project 14/03/2019 Phone Celine Lee (Hemmera) Maggie Lunleon (Referrals Assistant, LFN) Celine confirms LFN referral process with Maggie. Nation notification letter. (complete) Lyackson First Celine sends project notification letter to Maggie for 14/03/2019 Email Celine Lee (Hemmera) Maggie Lunleon ([email protected]) Project notification letter Nation intake/initial review. Celine speaks with Maggie, who confirms that she will review Lyackson First the referral with Shannon (Director of Operations) and provide 09/04/2019 Phone Celine Lee (Hemmera) Maggie Lunleon (Referrals Assistant, LFN) Nation a response if there are any questions/concerns. Referral reviews happen on Mondays. Musqueam 31/01/2019 Portal Chantale Picard (Terra) Aviva Rathbone (Musqueam) Distribution of Permit 2018-0282 Notice of Work Indian Band

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190618_FINAL_Cascadia_AbEngSummary.docx Canadian Pacific Railway Appendix B Viterra-Cascadia Terminal Capacity Expansion Project (Viterra East) – Aboriginal Engagement Summary 19-HPAC-00243

Aboriginal Sender/ Actions/Follow-ups Indicates Date Method Recipient Description Attachments Group Attendees Complete Musqueam Application for Musqueam Nation Heritage Investigation 04/02/2019 Portal Chantale Picard (Terra) Aviva Rathbone (Musqueam) Indian Band Permit Musqueam Acknowledged receipt of permit application, notified that she 05/02/2019 Portal Aviva Rathbone (Musqueam) Chantale Picard (Terra) Indian Band will issue the permit upon receipt of the permit fee Musqueam 13/02/2019 Portal Aviva Rathbone (Musqueam) Chantale Picard (Terra) Issued Musqueam Permit MIB-2019-025-AIA Indian Band

Diane Sparrow ([email protected]), Hemmera emails project notification letter to Nation (includes Musqueam Crystal Lloyd (Hemmera), on Kaitlan Lay ([email protected]), 25/02/2019 Email project overview, anticipated regulatory activities, and Project notification letter Indian Band behalf of Joe Van Humbeck (CP) [email protected], anticipated timeline). [email protected]

Hemmera emails project notification letter to Etienne (includes Musqueam Crystal Lloyd (Hemmera), on 26/02/2019 Email Etienne Beaudet ([email protected]) project overview, anticipated regulatory activities, and Project notification letter Indian Band behalf of Joe Van Humbeck (CP) anticipated timeline). Hemmera sends project notification letter via courier to Nation Musqueam 26/02/2019 Courier Hemmera, on behalf of CP Chief Wayne Sparrow and Councillors (includes project overview, anticipated regulatory activities, Project notification letter Indian Band and anticipated timeline). Musqueam 06/03/2019 Email Ewan Anderson (Terra) Aviva Rathbone (Musqueam) Invitation to participate in assessment scheduled for Mar 13 Indian Band Musqueam Celine phones Diane and leaves a message regarding setting 07/03/2019 Phone Celine Lee (Hemmera) Diane Sparrow (MIB) Indian Band up a project meeting with CP and Hemmera. Musqueam cannot send participant on Mar 13; okay to proceed as long as 11/03/2019 Email Aviva Rathbone (Musqueam) Ewan Anderson (Terra) Indian Band other FN present Musqueam Celine phones Kaitlan and leaves a message regarding setting 12/03/2019 Phone Celine Lee (Hemmera) Kaitlan Lay (MIB) Indian Band up a project meeting with CP and Hemmera. Celine confirms with Larissa that project notification letter has 1. Celine to follow up with Larissa Musqueam Larissa Grant (Referrals, Research and been received. Larissa says that she will speak with Kaitlan by phone and/or email 12/03/2019 Phone Celine Lee (Hemmera) Indian Band Engagement, MIB) Lay and then follow up with Celine (Diane Sparrow is no ([email protected]) later in longer working with MIB). the week. (complete) Musqueam Larissa Grant (Referrals, Research and Celine confirms with Larissa that MIB has received the project 1. Celine to follow up with Kaitlan 14/03/2019 Phone Celine Lee (Hemmera) Indian Band Engagement, MIB) notification letter but has not yet reviewed the letter. Lay. (complete) Musqueam Rescheduled fieldwork; invite to participate in assessment on 15/03/2019 Email Ewan Anderson (Terra) Aviva Rathbone (Musqueam) Indian Band Mar 25 Celine leaves a message on Kaitlan Lay's voicemail regarding Musqueam 20/03/2019 Phone Celine Lee (Hemmera) Kaitlan Lay (MIB) the project notification letter and offers to set up a meeting with Indian Band CP. *Etienne Beaudet is no longer working for MIB. Musqueam Celine emails Kaitlan to follow up on the project notification 20/03/2019 Email Celine Lee (Hemmera) Kaitlan Lay (MIB), cc Larissa Grant (MIB) Indian Band letter and offer to set up a meeting. Musqueam 20/03/2019 Email Meghan McGill (Terra) Aviva Rathbone (Musqueam) Follow-up to invite to participate in assessment on Mar 25 Indian Band Musqueam 22/03/2019 Email Aviva Rathbone (Musqueam) Meghan McGill (Terra) Confirms Jon Point will participate in assessment on Mar 25 Indian Band Musqueam Celine leaves a message on Kaitlan Lay's voicemail regarding 25/03/2019 Phone Celine Lee (Hemmera) Kaitlan Lay (MIB) Indian Band the project and potential meeting with CP. Celine phones Kaitlan - no answer (Celine does not leave a Musqueam 28/03/2019 Phone Celine Lee (Hemmera) Kaitlan Lay (MIB), Larissa Grant (MIB) message, as she left one on March 25th). Reception notifies Indian Band Celine that Larissa will be away until April 2, 2019. Musqueam Invite to participate in sample inspection Apr 1; Musqueam 29/03/2019 Email Ewan Anderson (Terra) Aviva Rathbone (Musqueam) Indian Band declines ("fully booked")

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190618_FINAL_Cascadia_AbEngSummary.docx Canadian Pacific Railway Appendix B Viterra-Cascadia Terminal Capacity Expansion Project (Viterra East) – Aboriginal Engagement Summary 19-HPAC-00243

Aboriginal Sender/ Actions/Follow-ups Indicates Date Method Recipient Description Attachments Group Attendees Complete Musqueam 01/04/2019 Phone Celine Lee (Hemmera) Kaitlan Lay (MIB), Larissa Grant (MIB) Celine phones both Kaitlan and Larissa. Neither answer. Indian Band Celine asks Larissa if MIB has any questions/concerns with the project, at this point, and whether MIB would like to set up 1. Celine to phone Larissa on April Musqueam Larissa Grant (Referrals, Research and 03/04/2019 Phone Celine Lee (Hemmera) a meeting with CP. Larissa advises Celine that Kaitlan Lay 4, 2019 to confirm status of Indian Band Engagement, MIB) (MIB) is on holiday until April 15th, but she will speak with referral. (complete) other team members regarding status of the referral. Musqueam Larissa Grant (Referrals, Research and Celine phones Larissa to follow up on discussion of previous 04/04/2019 Phone Celine Lee (Hemmera) Indian Band Engagement, MIB) day, but there is no answer. Musqueam Larissa Grant (Referrals, Research and Celine phones Larissa to follow up on April 4th discussion and 05/04/2019 Phone Celine Lee (Hemmera) Indian Band Engagement, MIB) leaves a message on Larissa's voicemail. 1. Celine to send Larissa follow-up Celine speaks with Larissa, who confirms that Kaitlan will be email with pertinent information Musqueam Larissa Grant (Referrals, Research and back in the office on Monday, April 15th. Larissa will follow up regarding meeting dates, 09/04/2019 Phone Celine Lee (Hemmera) Indian Band Engagement, MIB) with Kaitlan regarding a potential meeting with CP once attendees, purpose etc. (Chris Kaitlan is back in the office. Dane followed up with Kaitlan Lay directly.) Musqueam Chris emails Kaitlan to invite MIB to offsetting consultation 11/04/2019 Email Chris Dane (CP) Kaitlan Lay (MIB) Indian Band session. Kaitlan replies to Chris' email, letting him know that she is Musqueam going to reach out to the MIB fisheries and environment team 14/04/2019 Email Kaitlan Lay (MIB) Chris Dane (CP) Indian Band to see if they would like to participate in an initial information sharing meeting. Musqueam 15/04/2019 Email Chris Dane (CP) Kaitlan Lay (MIB) Chris confirms receipt of Kaitlan's email. Indian Band Hemmera emails project notification letter to Nation (includes Crystal Lloyd (Hemmera), on Penelakut Tribe 25/02/2019 Email Josh James ([email protected]) project overview, anticipated regulatory activities, and Project notification letter behalf of Joe Van Humbeck (CP) anticipated timeline). Regular Hemmera sends project notification letter via Canada Post to mail Penelakut Tribe 26/02/2019 Hemmera, on behalf of CP Chief Joan Brown and Councillors Nation (includes project overview, anticipated regulatory Project notification letter (Canada activities, and anticipated timeline). Post) Regular Hemmera re-sends project notification letter to the Nation, as it Project notification letter Penelakut Tribe 04/03/2019 Hemmera, on behalf of CP Chief Joan Brown and Councillors mail was initially returned-to-sender due to postage issues. (dated 1/3/2019) Celine leaves a message on Josh's voicemail to confirm Penelakut Tribe 14/03/2019 Phone Josh James (Economic Development Office, PT) receipt of project notification letter and potentially set up meeting. Celine leaves Josh another voicemail to follow up on the Penelakut Tribe 09/04/2019 Phone Celine Lee (Hemmera) Josh James (Economic Development Office, PT) referral. Celine sends follow-up email to confirm receipt of the project Penelakut Tribe 16/04/2019 Email Celine Lee (Hemmera) Josh James (Economic Development Office, PT) Project notification letter notification letter. Seabird Island [email protected] 31/01/2019 Email Chantale Picard (Terra) Distribution of Permit 2018-0282 Notice of Work Band and Mitchell April (Seabird Island Band) Effie sends response to Terra acknowledging receipt of referral Terra ID 19-1235-001 for an AIA for a proposed track Ewan Anderson (Terra Archaeology, Seabird Island Effie Ned (Referrals Coordinator, realignment and expansion at Second Narrows in Burnaby. 05/03/2019 Email [email protected]), Band [email protected]) Notes that SIB has no input at this time, looks forward to [email protected] reviewing the AIA report, and would like to be informed of any changes/concerns.

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190618_FINAL_Cascadia_AbEngSummary.docx Canadian Pacific Railway Appendix B Viterra-Cascadia Terminal Capacity Expansion Project (Viterra East) – Aboriginal Engagement Summary 19-HPAC-00243

Aboriginal Sender/ Actions/Follow-ups Indicates Date Method Recipient Description Attachments Group Attendees Complete Effie sends response to Terra acknowledging receipt of referral Terra ID 19-1235-002 for an AIA for the proposed Ewan Anderson (Terra Archaeology, Seabird Island Effie Ned (Referrals Coordinator, Shell switch lead construction at the Westridge Terminal in 05/03/2019 Email [email protected]), Band [email protected]) Burnaby. Notes that SIB has no input at this time, looks [email protected] forward to reviewing the AIA report, and would like to be informed of any changes/concerns. Seabird Island Notice that Seabird Island Band has no input regarding the 05/03/2019 Email Effie Ned (Seabird Island Band) Terra Admin Band proposed project at this time. Seabird Island 08/03/2019 Email Isobel Griffin (Terra) Effie Ned (Seabird Island Band) Acknowledgement of above email Band

Shxw’owhamel 31/01/2019 Email Chantale Picard (Terra) [email protected] Distribution of Permit 2018-0282 Notice of Work First Nation Skawahlook 31/01/2019 Email Chantale Picard (Terra) [email protected] Distribution of Permit 2018-0282 Notice of Work First Nation Soowahlie First 31/01/2019 Email Chantale Picard (Terra) [email protected] Distribution of Permit 2018-0282 Notice of Work Nation Squamish 31/01/2019 Email Chantale Picard (Terra) Dana Bayne (Squamish) Distribution of Permit 2018-0282 Notice of Work Nation Squamish Application for Squamish Nation Archaeological Investigation 04/02/2019 Email Chantale Picard (Terra) Dana Bayne (Squamish) Nation Permit Squamish 04/02/2019 Email Dana Bayne (Squamish) Ewan Anderson, via Terra Admin Issued Squamish Permit 19-0117 Nation Hemmera emails project notification letter to Nation (includes Squamish Crystal Lloyd (Hemmera), on 25/02/2019 Email Chief Bill Williams ([email protected]) project overview, anticipated regulatory activities, and Project notification letter Nation behalf of Joe Van Humbeck (CP) anticipated timeline). Hemmera emails project notification letter to Chrystal (includes Squamish Crystal Lloyd (Hemmera), on Chrystal Nahanee 25/02/2019 Email project overview, anticipated regulatory activities, and Project notification letter Nation behalf of Joe Van Humbeck (CP) ([email protected]) anticipated timeline). Hemmera sends project notification letter via courier to Nation Squamish 26/02/2019 Courier Hemmera, on behalf of CP Chiefs and Councillors in c/o Chief Bill Williams (includes project overview, anticipated regulatory activities, Project notification letter Nation and anticipated timeline). Squamish Celine speaks with Chrystal. Chrystal advises to follow up with 07/03/2019 Phone Celine Lee (Hemmera) Chrystal Nahanee (SN) Nation Chief Williams directly next week. Squamish Reception notifies Celine that Chief Williams is on 12/03/2019 Phone Celine Lee (Hemmera) Reception Nation bereavement leave and will be back next Monday. Celine follows up with Denise regarding project notification 1. Celine to forward project Squamish 12/03/2019 Phone Celine Lee (Hemmera) Denise Jensen (support staff, SN) letter. Denise asks that letter be forwarded to notification letter to Denise. Nation [email protected]. (complete) Squamish Celine emails Denise the project notification letter, as 12/03/2019 Email Celine Lee (Hemmera) Denise Jensen (support staff, SN) Project notification letter Nation requested. Squamish Celine emails Denise to follow up on the project notification 20/03/2019 Email Celine Lee (Hemmera) Denise Jensen (support staff, SN) Nation letter and offer to set up a meeting. Squamish Denise replies to Celine's March 20th email, stating that she 20/03/2019 Email Denise Jensen (support staff, SN) Celine Lee (Hemmera) Nation has given the project notification letter to Chief Bill Williams. Celine leaves a message on Chief Bill Williams' voicemail Squamish 25/03/2019 Phone Celine Lee (Hemmera) Chief Bill Williams regarding the project and potential meeting with CP (reception Nation advises Celine that the Chief will be OOO all week). Squamish 28/03/2019 Phone Celine Lee (Hemmera) Chrystal Nahanee (SN) Celine phones Chrystal - no answer. Nation

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190618_FINAL_Cascadia_AbEngSummary.docx Canadian Pacific Railway Appendix B Viterra-Cascadia Terminal Capacity Expansion Project (Viterra East) – Aboriginal Engagement Summary 19-HPAC-00243

Aboriginal Sender/ Actions/Follow-ups Indicates Date Method Recipient Description Attachments Group Attendees Complete Celine tries to phone both Chief Williams and Chrystal Squamish Nahanee. Reception advises Celine that neither person is in 01/04/2019 Phone Celine Lee (Hemmera) Chief Bill Williams (SN), Chrystal Nahanee (SN) Nation the office (Chrystal will be returning on Wednesday, April 3, 2019). Celine sends email to Chief Williams asking if he has any Squamish Chief Bill Williams (SN), cc Denise Jensen (SN), cc 01/04/2019 Email Celine Lee (Hemmera) initial questions/concerns with the project or wants to set up a Project notification letter Nation Chrystal Nahanee meeting with CP Rail. Chief Williams provides the following response: Thank you for Squamish 01/04/2019 Email Chief Bill Williams (SN) Celine Lee (Hemmera) your letter at this time there is no issue with the CP Track Nation Expansion at Viterra Cascadia area. Stó:lō Nation 31/01/2019 Email Chantale Picard (Terra) [email protected] Distribution of Permit 2018-0282 Notice of Work Stó:lō Nation 04/02/2019 Email Chantale Picard (Terra) Cara Brendzy (Stó:lō) Application for Stó:lō Heritage Investigation Permit Hemmera emails project notification letter to Nation (includes Stó:lō Crystal Lloyd (Hemmera), on 25/02/2019 n/a project overview, anticipated regulatory activities, and Project notification letter Stó:lō Nation behalf of Joe Van Humbeck (CP) Connect anticipated timeline). Hemmera sends project notification letter via courier to Nation Stó:lō Nation 26/02/2019 Courier Hemmera, on behalf of CP People of the River Referrals Office (includes project overview, anticipated regulatory activities, Project notification letter and anticipated timeline). Deanna Rach (Stolo, Deanna requests project shapefiles to support Nation's referral 28/02/2019 Email Joe Van Humbeck (CP) Project notification letter Stó:lō Nation [email protected]) review. Stó:lō Nation 01/03/2019 Email Crystal Lloyd (Hemmera) Deanna Rach (Stolo) Crystal sends preliminary project shapefiles to Deanna. Project shapefiles v1 Stó:lō Nation 04/03/2019 Email Crystal Lloyd (Hemmera) Deanna Rach (Stolo) Crystal sends final project shapefiles to Deanna. Project shapefiles v2 Stolo Connect sends notification that the People of the River Email Stolo Connect (contact = Mike Referrals Office has deferred reviewing the project. Stolo 04/03/2019 via Stolo Goold, Crystal Lloyd Stó:lō Nation anticipates review by Musqueam, Squamish and Tsleil- Connect [email protected]) Waututh. Stó:lō Nation 24/03/2019 Email Cara Brendzy (Stó:lō) Ewan Anderson (Terra) Request maps and shapefiles Provide maps and shapefiles and note that crew is planning to 25/03/2019 Email Ewan Anderson (Terra) Stó:lō Nation Cara Brendzy (Stó:lō) go out with TWN, Musqueam and KFN in afternoon

Stó:lō Tribal 31/01/2019 Fax Chantale Picard (Terra) Administration Distribution of Permit 2018-0282 Notice of Work Council Hemmera emails project notification letter to Nation (includes Stz'uminus First Crystal Lloyd (Hemmera), on Chief ([email protected]), Ronda Jordan 25/02/2019 Email project overview, anticipated regulatory activities, and Project notification letter Nation behalf of Joe Van Humbeck (CP) ([email protected]) anticipated timeline). Hemmera sends project notification letter via courier to Nation Stz'uminus First 26/02/2019 Courier Hemmera, on behalf of CP Chief John Elliot and Councillors (includes project overview, anticipated regulatory activities, Project notification letter Nation and anticipated timeline). Celine leaves a message on Ronda's voicemail to confirm Stz'uminus First 14/03/2019 Phone Celine Lee (Hemmera) Ronda Jordan (SFN) receipt of project notification letter and potentially set up Nation meeting. Stz'uminus First Celine leaves a voicemail for Ronda to check in on Stz'uminus' 09/04/2019 Phone Celine Lee (Hemmera) Ronda Jordan (SFN) Nation review of the referral. Stz'uminus First Celine sends follow-up email to confirm receipt of the project 16/04/2019 Email Celine Lee (Hemmera) Ronda Jordan (SFN) Project notification letter Nation notification letter. Tsleil-Waututh Additional information about geotech locations and invite to 30/01/2019 Email Meghan McGill (Terra) Evan Hardy, Ginevera Toniello (TWN) Nation inspect samples Tsleil-Waututh Inspecting geotech samples okay; would like to send 30/01/2019 Email Evan Hardy (TWN) Meghan McGill (Terra) Nation participant

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190618_FINAL_Cascadia_AbEngSummary.docx Canadian Pacific Railway Appendix B Viterra-Cascadia Terminal Capacity Expansion Project (Viterra East) – Aboriginal Engagement Summary 19-HPAC-00243

Aboriginal Sender/ Actions/Follow-ups Indicates Date Method Recipient Description Attachments Group Attendees Complete Tsleil-Waututh Evan Hardy, Amanda King, and Michelle George 31/01/2019 Email Chantale Picard (Terra) Distribution of Permit 2018-0282 Notice of Work Nation (TWN) Tsleil-Waututh Application for Tsleil-Waututh Nation Cultural Heritage 04/02/2019 Email Chantale Picard (Terra) Evan Hardy and Michelle George (TWN) Nation Investigation Permit Amanda King ([email protected]), Michelle George Hemmera emails project notification letter to Nation (includes Tsleil-Waututh Crystal Lloyd (Hemmera), on 25/02/2019 Email ([email protected]), Ernie George project overview, anticipated regulatory activities, and Project notification letter Nation behalf of Joe Van Humbeck (CP) ([email protected]) anticipated timeline). Hemmera sends project notification letter via courier to Nation Tsleil-Waututh Amanda King (Consultation and Accommodation 26/02/2019 Courier Hemmera, on behalf of CP (includes project overview, anticipated regulatory activities, Project notification letter Nation Manager, TWN) and anticipated timeline). Tsleil-Waututh 26/02/2019 Email Tsleil-Waututh Nation Terra Archaeology Issued Tsleil-Waututh Permit 2019-029 Nation Tsleil-Waututh Amanda emails Crystal that TWN would like to set up a 28/02/2019 Email Amanda King (TWN) Crystal Lloyd (Hemmera) Nation meeting with the Hemmera team. Tsleil-Waututh Chris responds to Amanda and requests potential meeting 01/03/2019 Email Chris Dane (CP) Amanda King (TWN) Nation dates from Chantal Kitamura. Tsleil-Waututh 01/03/2019 Email Chantal Kitamura (TWN) Chris Dane (CP) Chantal responds to Chris with potential meeting dates. Nation Tsleil-Waututh Chris confirms meeting date/time with TWN (March 12, 2019 01/03/2019 Email Chris Dane (CP) Chantal Kitamura (TWN), Crystal Lloyd (Hemmera) Nation at 1:30 pm). Tsleil-Waututh Invitation to participate in assessment scheduled for Mar 12 01/03/2019 Email Ewan Anderson (Terra) Evan Hardy (TWN) Nation or 13 Tsleil-Waututh 05/03/2019 Email Evan Hardy (TWN) Ewan Anderson (Terra) Participant avail either Mar 12 or 13 Nation Tsleil-Waututh 06/03/2019 Email Ewan Anderson (Terra) Evan Hardy (TWN) confirm date (Mar 13) and plan Nation Rescheduled fieldwork; discuss options for Mar 24 (weekend) Tsleil-Waututh 11/03/2019 Email Ewan Anderson (Terra) Evan Hardy (TWN); Lindsay Ogston (TWN) or Mar 25 (request info about boat service); arrange boat for Nation Mar 25 1. Provide TWN with: - Biophysical data - AEA (complete) - DFO RFPR application: most info Chris Dane (CP), Richard Dryan in AEA sent (CP), Crystal Lloyd (Hemmera), - Map overlay of kelp data for the Tsleil-Waututh Chantal Kitamura (TWN), Michelle CP and Hemmera meet with TWN to provide an overview of project footprint (complete) 12/03/2019 Meeting n/a Nation George (TWN), Lindsey Ogston the project and address any initial questions/concerns. - Determination letter from DFO (TWN), Maya Guttmann (TWN), once received Evan Hardy (TWN) - Workplan to address capacity funding (CP) 2. Ewan (Terra Archaeology) to follow up with TWN regarding geotechnical monitoring (complete) 1. Crystal to send the Aquatics Effects Assessment once finalized. 2. Crystal to send a map of the Crystal sends email to Chantal following up on the meeting. existing kelp data overlay onto the Tsleil-Waututh FTP link to PowerPoint 13/03/2019 Email Crystal Lloyd (Hemmera) Chantal Kitamura (TWN) Crystal provides the Project PowerPoint presentation and project footprint. (complete) Nation presentation confirms information that needs to be sent. 3. Crystal to provide Biophysical Assessment data (if needed once TWN has reviewed the AEA). (complete)

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190618_FINAL_Cascadia_AbEngSummary.docx Canadian Pacific Railway Appendix B Viterra-Cascadia Terminal Capacity Expansion Project (Viterra East) – Aboriginal Engagement Summary 19-HPAC-00243

Aboriginal Sender/ Actions/Follow-ups Indicates Date Method Recipient Description Attachments Group Attendees Complete Tsleil-Waututh 14/03/2019 Email Ewan Anderson (Terra) Evan Hardy (TWN) Describe Mar 25 schedule and plan Nation Tsleil-Waututh 20/03/2019 Email Meghan McGill (Terra) Evan Hardy (TWN) Follow-up to invite to participate in assessment on Mar 25 Nation Tsleil-Waututh 21/03/2019 Email Evan Hardy (TWN) Meghan McGill (Terra) Confirms Darrell Gus will participate in assessment on Mar 25 Nation Tsleil-Waututh Crystal sends Lindsey the finalized aquatic effects assessment Cascadia Aquatic Effects 22/03/2019 Email Crystal Lloyd (Hemmera) Lindsey Ogston (TWN) Nation report. Assessment report Tsleil-Waututh 28/03/2019 Email Meghan McGill (Terra) Ginevra Toniello (TWN) Invite to participate in sample inspection Apr 1 Nation Tsleil-Waututh Confirms Wil George will participate in sample inspection on 29/03/2019 Email Evan Hardy (TWN) Meghan McGill (Terra) Nation Apr 1 Tsleil-Waututh Phone 29/03/2019 Meghan McGill (Terra) Wil George (TWN) Arrange schedule for sample inspection on Apr 1 Nation Call Tsleil-Waututh Crystal asks Lindsey whether she has had a chance to review 01/04/2019 Email Crystal Lloyd (Hemmera) Lindsey Ogston (TWN) Nation the AEA. 19-044_TWN Response Re Viterra Cascadia Track Tsleil-Waututh Amanda provides project response letter and links regarding Expansion 26April2019, 26/04/2019 Email Amanda King (TWN) Crystal Lloyd (Hemmera), Chris Dane (CP) Nation shoreline design best practices, in advance of the meeting. CGS- Coastal_Info_Links_2019- 03-25 Chris Dane (CP), Crystal Lloyd 1. TWN requests that the VFPA (Hemmera), Jim Roberts Hemmera provides overview of offsetting options and obtains and DFO draft applications be Tsleil-Waututh (Hemmera), Darrell Desjardin feedback from TWN representatives. Hemmera sends the 26/04/2019 Meeting n/a submitted during the week of May Nation (Hemmera), Amanda King (TWN), PowerPoint presentation to TWN after the consultation 6 to enable a 30-day review period. Chantal Kitamura (TWN), Lindsey session. (complete) Ogston (TWN)

19-044_TWN Response Amanda King (TWN), Chris Dane (CP) Crystal sends responses to TWN's comments on the AEA and Tsleil-Waututh Re Viterra Cascadia Track 14/05/2019 Email Crystal Lloyd (Hemmera) cc: Celine Lee (Hemmera), Michelle George (TWN), notifies TWN that a link has been provided to the CEMP, Nation Expansion 26April2019 Lindsey Ogston (TWN), Chantal Kitamura (TWN) Habitat Assessment, and Offsetting Plan. (for reference)

Amanda King (TWN) Tsleil-Waututh Crystal notifies TWN that a revised draft of the CEMP will be 15/05/2019 Email Crystal Lloyd (Hemmera) cc: Celine Lee (Hemmera), Michelle George (TWN), Nation provided shortly. Lindsey Ogston (TWN), Chantal Kitamura (TWN)

Amanda King (TWN), Michelle George (TWN), Tsleil-Waututh Crystal provides the updated CEMP, including Terra 190509_CP_Cascadia_C 16/05/2019 Email Crystal Lloyd (Hemmera) Lindsey Ogston (TWN), Chantal Kitamura (TWN) Nation Archaeology's Chance Find Procedure. EMP_final Draft cc: Celine Lee (Hemmera), Chris Dane (CP)

Amanda King (TWN), Michelle George (TWN), Tsleil-Waututh Crystal provides a link to the updated CEMP with Terra 16/05/2019 Email Crystal Lloyd (Hemmera) Lindsey Ogston (TWN), Chantal Kitamura (TWN), Nation Archaeology's Chance Find Procedure. Celine Lee (Hemmera), Chris Dane (CP)

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190618_FINAL_Cascadia_AbEngSummary.docx