Trans Mountain Expansion Project Email: [email protected] | Phone: 1.866.514.6700 | Website: www.transmountain.com | @TransMtn

VIA ELECTRONIC SUBMISSION

September 23, 2019

Canada Energy Regulator Suite 210, 517 Tenth Avenue S.W. Calgary, T2R 0A8

To: Ms. Louise George, Secretary to the Commission

Dear Ms. George:

Re: Trans Mountain Pipeline ULC (“Trans Mountain”) Trans Mountain Expansion Project Condition 60: Environmental and Socio-economic Assessment – s.58 Temporary Construction Lands and Infrastructure – Spreads 1, 2, and 4 Response to Information Request No. 8 CER File: File OF-Fac-Oil-T260-2013-03 61

Trans Mountain hereby submits its response to IR No. 8 [C01687] regarding the subject Condition filing.

Should you have any questions or wish to discuss this matter further, please contact the the undersigned at [email protected] or (403) 514-6400. Yours truly,

Original signed by

Scott Stoness Vice President, Regulatory and Compliance Trans Mountain Canada Inc.

Enclosure

Suite 2700, 300 – 5 Avenue SW Calgary, Alberta, T2P 5J2 CANADA

Trans Mountain Pipeline ULC (Trans Mountain) Trans Mountain Expansion Project – Condition Compliance Order AO-001-XO-T260-007-2016

File OF-Fac-Oil-T260-2013-03 61

Condition 60: Environmental and Socio-economic Assessment – s.58 Temporary Construction Lands and Infrastructure – Spreads 1, 2, and 4 Information Request No. 8 September 23, 2019

Socio-economic Matters

8.1 Consultation and Engagement – Spreads 1, 2, and 4

Reference: i) Trans Mountain’s filing dated 5 September 2019 for Condition 60: Environment and Socio- Economic Assessment Temporary Construction Lands and Infrastructure for the Trans Mountain Pipeline ULC, Response to Information Request No. 5, Pages 2-5 of 6, (PDF pages 3-6 of 40), A6X5U4

Preamble:

Reference i) provides a summary of the stakeholders and Indigenous peoples, by pipeline Spread that Trans Mountain notified of the Addendum.

The Commission of the Canada Energy Regulator (the Commission) determines potentially affected Indigenous communities according to known or asserted Indigenous traditional territory. The Commission has identified the following: • Spread 1 of the Project will cross the known or asserted traditional territory of various Indigenous communities, including Buffalo Lake Métis Settlement, Driftpile Nation, East Prairie Métis Settlement, Kikino Métis Settlement, Michel First Nation, First Nation, , Whitefish (Goodfish) Lake First Nation, and Métis Regional Council Zone IV of the Métis Nation of Alberta; • Spread 2 of the Project will cross the known or asserted traditional territory of various Indigenous communities, including Aseniwuche Winewak Nation, Buffalo Lake Métis Settlement, Driftpile Cree Nation, East Prairie Métis Settlement, Kikino Métis Settlement, Papaschase First Nation and Swan River First Nation; and • Spread 4 of the Project will cross the known or asserted traditional territory of various Indigenous communities, including Papaschase First Nation and Whispering Pines/Clinton Indian Band.

Reference i) does not show that the above identified Indigenous communities were consulted for the respective Spreads.

Page 1 Trans Mountain Pipeline ULC (Trans Mountain) Information Request No.8 – Condition 60 Environmental and Socio-economic Assessment

Request:

Provide the following for the Indigenous communities identified by the Commission above:

a) confirmation that the Indigenous communities identified above have been notified of the Addendum for that specific Spread;

b) a summary of all issues and concerns raised and the steps that Trans Mountain has taken or will take, and when, to address those concerns;

c) a description and justification for how Trans Mountain has incorporated the results of its consultation, including any recommendations from those consulted, into each ESA;

d) a summary of any outstanding issues and concerns, or explain why no further action is required to address the concerns; or

e) if a copy of the Addendum for the respective Spreads has not been provided, explain why consultation with the Indigenous communities was considered unnecessary.

Response:

(a)-(e):

Notification was distributed to 316 Indigenous contacts on July 12, 2019 to provide Indigenous groups with the following link https://www.transmountain.com/condition-60 to the Environmental and Socio- Economic Assessment Spread Addenda for Temporary Construction Lands and Infrastructure and requested review and comments.

Trans Mountain reviewed the consultation record for this notification upon receipt of this Information Request and notes that the notification was not provided to the following groups: Buffalo Lake Métis Settlement, East Prairie Métis Settlement, Kikino Métis Settlement, Michel First Nation, Papaschase First Nation, Saddle Lake Cree Nation, Whitefish (Goodfish) Lake First Nation, Métis Regional Council Zone IV of the Métis Nation of Alberta, Swan River First Nation and Whispering Pines/Clinton Indian Band.

Trans Mountain has subsequently ensured that notification for the Environmental and Socio-Economic Assessment Spread Addenda for Temporary Construction Lands and Infrastructure has been provided to the listed groups. Trans Mountain will follow up to ensure each group has the opportunity to review and provide comments and will advise the Commission if any relevant comments are received.

Page 2 Trans Mountain Pipeline ULC (Trans Mountain) Information Request No.8 – Condition 60 Environmental and Socio-economic Assessment