DCN 2.1 Response to Driftpile Nation (DCN) NOVA Gas Transmission Ltd. Information Request No. 2 North Corridor Expansion Project GH-002-2019

IR Number: DCN 2.1

Topic: Lack of Appropriate Baseline Data.

Reference: A98641-12 NCE_ESA_Section5 - A6T2V7, pg. 10 & A98641-18

NCE_ESA_Appendices 6to 9 - A6T2W5, Appendix 6

Preamble: NOVA Gas Transmission Ltd. (NGTL) has provided some baseline information collected in August for each of the watercourses and drainages to be crossed by the North Corridor Expansion Project (Project). The measurements of total suspended solids (TSS) have been completed visually. Water quality is quite variable over time. Without seasonally appropriate, or accurate baseline information the ability of NGTL to determine mitigation effectiveness is limited.

Several of the stream crossings will likely be frozen to bottom during the winter, however, seasonally appropriate baseline information for the flowing streams, such as the Notikewin River, Bearn Canyon Creek, and Hunt Creek should be collected.

Request: a) Please provide seasonally appropriate measured baseline data for TSS (i.e. during winter conditions).

Response: a) Water quality data were collected for the Project in 2018 during open water aquatic surveys. The data collected at each watercourse crossing were deemed sufficient for the scope of the Project and are consistent with data that have been presented to the Canada Energy Regulator’s (CER’s) predecessor (National Energy Board [NEB]) for similar projects in the past without issue, such as the McLeod River North Project and the 2017 NGTL System Expansion. In addition, the water quality data that were collected meet the standards that are outlined in the Guidelines for Aquatic Environment Assessments, Specification and Recommendations in the Guide to the Code of Practice for Pipelines and Communication Lines Including Guidelines for Complying With the Code of Practice.1

NGTL is of the view that the collection of seasonal detailed baseline water quality data for turbidity and total suspended solids (TSS) either at this time or far in advance of construction would be of limited value. Seasonal, environmental, and year-to-year variability in water quality parameters is high due to changes in flow levels, precipitation, and land uses, making such water quality measurements unsuitable as

1 Government of . 2000. Guide to the Code of Practice for Pipelines and Communication Lines Including Guidelines for Complying With the Code of Practice. Accessed November 2019. https://open.alberta.ca/publications/077851482x.

November 14, 2019 Page 1 of 2

DCN 2.1 Response to Driftpile Cree Nation (DCN) NOVA Gas Transmission Ltd. Information Request No. 2 North Corridor Expansion Project GH-002-2019

baseline data for site-specific construction activities. In the event of a sediment release into a watercourse during construction, sampling upstream of the release location would provide a more relevant and useful control measurement than sampling the watercourse well in advance of construction. Sediment monitoring during construction will be conducted in real-time, which will be more effective at detecting potential construction effects and to assess if mitigation is effective than collecting data far in advance.

November 14, 2019 Page 2 of 2

DCN 2.2 Response to Driftpile Cree Nation (DCN) NOVA Gas Transmission Ltd. Information Request No. 2 North Corridor Expansion Project GH-002-2019

IR Number: DCN 2.2

Topic: Monitoring of Water Quality Data for Mitigation Effectiveness

Reference: A98641-13 NCE_ESA_Sections6to9 - A6T2V8, pgs. 49, 86, 163 & A98641-14 NCE_ESA_Appendix1A_1B - A6T2V9 & A98641-15

NCE_ESA_Appendix1C_1D - A6T2W2

Preamble: NGTL has indicated that there will be water quality monitoring during and after construction. However, there are no details on how, where or when the water quality testing will occur. NGTL provided proposed monitoring for the trenchless crossing of Loon River without supporting details. It is important to monitor the water quality in all the watercourses, regardless of crossing method (i.e. trenched and trenchless), during and after construction to ensure that mitigation measures are successful in preserving the quality of water and fish habitat. Further, the construction of the Project crosses many beaver dam impounded drainages. Removal of the dams may impact the water quality of the drainage. Monitoring of the water quality in these areas will be important in order to note if mitigation measures were sufficient or if remediation of the beaver dams is required. As some of the stream crossings and drainages will likely be frozen to the bottom during construction, monitoring plans should be in place for areas with anticipated flow such as the Notikewin River, Loon River, Hunt Creek and Bear Canyon Creek. Post construction monitoring should be included for all drainages and crossings.

Request: a) Please provide information on how NGTL will determine mitigation effectiveness. In particular, how will a water quality monitoring plan that assess construction and post-construction phases of the Project as well as upstream and downstream impacts be conducted in a manner that determines mitigation effectiveness? Also, will special attention will be paid to TSS in making this determination?

b) What steps will NGTL take to develop a water monitoring plan with input from Driftpile Cree Nation (Driftpile)?

Response: a) During construction, the Environmental Inspector(s) or designate(s) will monitor watercourse crossing activities to help ensure adherence to all applicable mitigation

November 14, 2019 Page 1 of 3

DCN 2.2 Response to Driftpile Cree Nation (DCN) NOVA Gas Transmission Ltd. Information Request No. 2 North Corridor Expansion Project GH-002-2019

measures in the Environmental Protection Plans (EPPs).1 In addition, NGTL will develop a water quality monitoring (WQM) plan to monitor for sediment events during instream construction activities, where required by the applicable regulatory approvals or as identified by an Aquatic Resource Specialist. If monitoring reveals sediment values are approaching threshold values, the water quality monitors will alert the Environmental Inspector(s) or designate(s) and work with them to develop corrective actions.

During instream activities, TSS can provide an understanding of effects on fish and fish habitat as it measures larger particulate that can negatively affect fish and fish habitat. However, TSS analysis can be time consuming and is often unpractical to be conducted in a field setting. For this reason, turbidity, measured in Nephelometric Turbidity Unit may be correlated with TSS and used instead as an indirect measure of TSS in the water column.

Mitigation effectiveness at watercourse crossings following construction is monitored through NGTL’s post-construction monitoring (PCM) activities. These include the inspection of the full right-of-way (ROW), including watercourses, wetlands, and other surface water features, to assess the effectiveness of reclamation and mitigation methods employed on the Project over five years. These PCM activities compare the conditions observed on the construction ROW against a representative area adjacent to and off of the construction ROW. Please refer to NGTL’s response to DCN 2.2 b) for details of TSS monitoring.

Success and effectiveness of reclamation measures at watercourse crossings will be determined through an evaluation of: · terrain stability · soil productivity (conducted through soil and vegetation assessments, where issues are noted) · success of erosion sediment control (conducted through the landscape assessments) · success of riparian vegetation re-establishment (conducted through the vegetation assessment) Please also refer to Section 8 of the Environmental and Socio-Economic Assessment (ESA) and Section 9 of the EPPs for additional information on PCM activities and methodology.2,3 b) The determination of specific monitoring needs will be assessed on a site-specific basis by the Environmental Inspector(s) and Qualified Aquatic Environment Specialist

1 NEB Filing IDs: A98641-14 and A98641-15. 2 NEB Filing ID: A98641-13, PDF pages 163 to 165. 3 NEB Filing ID: A98641-14, PDF pages 52 to 53 and pages 253 to 254 and NEB Filing ID: A98641-15, PDF pages 51 to 52 and pages 250 to 251.

November 14, 2019 Page 2 of 3

DCN 2.2 Response to Driftpile Cree Nation (DCN) NOVA Gas Transmission Ltd. Information Request No. 2 North Corridor Expansion Project GH-002-2019

retained by NGTL for the Project with consideration of the following: sensitivity of the fish species present (e.g., species of conservation concern); the season; the presence of flowing water; and the crossing method (e.g., TSS/turbidity monitoring at trenchless crossings). WQM will be conducted using a control station upstream of the watercourse crossing for comparison to transects downstream of the construction crossing within the zone of influence. NGTL intends to follow the process outlined above and does not intend to engage third-parties to obtain input in developing water quality monitoring plans, however if relevant information is provided to NGTL by DCN it can be considered in the development of any plans.

November 14, 2019 Page 3 of 3 DCN 2.3 Response to Driftpile Cree Nation (DCN) NOVA Gas Transmission Ltd. Information Request No. 2 North Corridor Expansion Project GH-002-2019

IR Number: DCN 2.3

Category: Vegetation, Wetlands & Reclamation

Topic: Impacts of the Project on Vegetation and Wetlands

Reference: A98641-12 NCE_ESA_Section5 - A6T2V7, Section 5.8.2.4, Tables 5.8- 3 to 5.8-6

Preamble: Construction of the three pipeline sections and the Hidden Lake North Compressor station will result in the permanent and temporary disturbance of significant areas of a variety of wetland types, including bogs, fens, and marshes. Areas of temporary workspace are considered temporary because it is assumed that these areas will return to pre- disturbance condition once construction is complete. Unfortunately, natural recovery, which is the preferred strategy for reclaiming temporary workspaces within wetlands areas, has been shown to be an ineffective method of re-establishing wetland plant species removed by linear disturbances. (e.g. Lee and Boutin 2007; van Rensen et al. 2015). These temporary disturbances are only temporary if native plant species present prior to disturbance, including culturally important plant species, are re-established after construction is complete. It is unclear what alternative strategies NGTL will employ should monitoring programs show a significant loss of wetland species after construction and reclamation.

References:

Lee, P. and S. Boutin. 2006. Persistence and developmental transition of wide seismic lines in the western Boreal Plains of Canada. Journal of Environmental Management 78: 240-250.

van Rensen, C.K., Neilsen, S.E., White, B., Vinge, T., Lieffers, V. 2015. Natural regeneration of forest vegetation on legacy seismic lines in boreal habitats in Alberta’s oil sands region. Biological Conservation 184: 127–135.

Request: a) Please describe what alternative strategies NGTL will employ if monitoring programs show that natural recovery has not resulted in the return of wetland plant species lost during construction, and at what point in time those alternative strategies will be introduced.

November 14, 2019 Page 1 of 4

DCN 2.3 Response to Driftpile Cree Nation (DCN) NOVA Gas Transmission Ltd. Information Request No. 2 North Corridor Expansion Project GH-002-2019

Response: a) NGTL does not agree that natural recovery has been shown to be an ineffective method of re-establishing wetland plant species removed by linear disturbances. Natural recovery is a widely-accepted practice for reclamation of temporary disturbances. For Crown lands, where the potential for erosion is low and there are few restricted or noxious weeds, natural recovery is expected to result in successful re-vegetation, as per the Native Plant Revegetation Guidelines for Alberta (February 2001).1 This approach is further supported in Alberta by the Enhanced Approval Process Integrated Standards and Guidelines (Government of Alberta 2013),2 which recommends natural recovery on pipeline, facility, and access road dispositions where erosion potential is not high.

NGTL notes that the Rensen et al. 2015 reference does not detail species diversity recovery, but rather models seismic line regeneration to a 3 m height.3 Further, Rensen et al. 2015, indicates that “most mesic sites are likely to regenerate naturally without treatment if left undisturbed, while dry and especially wet sites could experience long delays in regeneration”. The study makes no conclusions on the effectiveness of natural recovery as a reclamation technique - especially as it relates to species diversity recovery. Rather the study offers insight into the time lag for recovery of woody vegetation.

The Lee and Boutin 2006 reference also does not detail species diversity recovery on linear disturbances, but rather relies on aerial photograph interpretation.4 The study states that “recovery was based on the return of woody vegetation detectable on aerial photography” (Lee and Boutin 2006). Further the study found that “it was not possible to distinguish tall shrubs from trees (except conifers) within the same canopy strata nor can we measure stem density or stem height with accuracy” (Lee and Boutin 2006). As such, the study offers no guidance on how many species are able to recover using natural recovery nor does it offer an opinion on the effectiveness of natural recovery as a reclamation technique. The study offers further insight on time lag for woody species recovery on linear disturbances.

1 Native Plant Working Group. 2001. Native Plant Revegetation Guidelines for Alberta. H. Sinton-Gerling (ed.), Alberta Agriculture, Food and Rural Development and Alberta Environment. Edmonton, Alberta. 2 Government of Alberta. 2013. Integrated standards and guidelines, enhanced approval process. Sustainable Resource Development, Lands Division. Edmonton, AB. [Online] https://open.alberta.ca/dataset/633dc6c2- 8b96-4602-bbf0-f1bd40437ae9/resource/feddfcb8-d81d-4011-8247-59b1f5b162c6/download/2013-enhanced- approval-process-eap-integrated-standards-guide-2013-12-01.pdf Accessed November 8, 2019. 3 Van Rensen, C. K., Nielsen, S. E., White, B., Vinge, T., & Lieffers, V. J. (2015). Natural regeneration of forest vegetation on legacy seismic lines in boreal habitats in Alberta’s oil sands region. Biological Conservation, 184, 127-135. 4 Lee, P. and S. Boutin. 2006. Persistence and development transition of wide seismic lines in the western Boreal Plains of Canada. Journal of Environmental Management. 78:240-250

November 14, 2019 Page 2 of 4

DCN 2.3 Response to Driftpile Cree Nation (DCN) NOVA Gas Transmission Ltd. Information Request No. 2 North Corridor Expansion Project GH-002-2019

Natural recovery is an effective reclamation method on pipeline developments as the high edge-to-area ratios aid natural re-vegetation (Salisbury 2004).5 This high edge-to area ratio reduces the distance that plant species must disperse from adjacent communities to re-vegetate the ROW. Salisbury (2004) assessed natural recovery and seeding methods on pipeline ROW in the Central Mixedwood Subregion near Whitecourt and Fox Creek, Alberta. The assessments found that live cover did not vary significantly across ROWs of the seeded and natural recovery treatment areas. Although bare ground was initially higher in natural recovery treatments due to less litter, bare ground was not observed in the third season under either treatment. The assessment found that vegetation present in the natural recovery treatment areas more closely resembled the composition of the native vegetation community with higher species richness and fewer invasive species. These results suggest that the long-term benefits of natural recovery out-weigh the short-term cover limitations when compared to active re-establishment.

Over the course of its operating experience, NGTL has successfully reclaimed thousands of kilometres of pipeline ROW, using natural recovery, including wetlands. The results of NGTL’s PCM indicate that natural recovery is an acceptable reclamation technique. Further, if it is determined through NGTL’s reclamation monitoring activities that natural recovery is not achieving the desired results, NGTL will adaptively manage sites to ensure equivalent land capability is achieved. This adaptive management may include active revegetation or other techniques designed to encourage establishment of native species.

Wetland and vegetation monitoring is included as part of NGTL’s PCM methodology. When warranted based on the results of PCM, NGTL will implement adaptive management to achieve reclamation success. Specifics on PCM and associated success targets are detailed in NGTL’s response to CER 1.25.6

NGTL defines adaptive management as the practice of making minor adjustments and corrective actions to achieve an equivalent environmental outcome. The suite of environmental mitigation measures NGTL applies during pipeline construction and reclamation is based on decades of applied experience in alignment with industry best practices and results in a high degree of confidence regarding effectiveness. Corrective actions or remedial measures decisions are based on site-specific conditions and the principle that the success of land reclamation is measured against adjacent representative site conditions with due consideration for construction norms and the status of reclamation at the time of assessment. In the event that construction-related issues persist, NGTL will apply adaptive management measures and continue

5 Salisbury, B.E. 2004. Natural Recovery Versus Seeding on a Pipeline Right-of-Way in a Boreal Mixedwood Forest in Central Alberta. M.Sc. Thesis. University of Alberta, Department of Renewable Resources, Land Reclamation and Remediation. 6 CER Filing ID: C01545, PDF pages 216 to 234.

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DCN 2.3 Response to Driftpile Cree Nation (DCN) NOVA Gas Transmission Ltd. Information Request No. 2 North Corridor Expansion Project GH-002-2019

monitoring until measures are considered to be effective and the issue resolved. Further to Section 8.3 of the ESA,7 remedial measures are applied based on site-specific conditions and are chosen by qualified personnel. If PCM indicates the expected results are not being achieved, NGTL’s adaptive management approach considers a wide range of mitigation measures, including active reclamation, when deemed necessary by qualified personnel.

7 NEB Filing ID: A98641-13, PDF page 165.

November 14, 2019 Page 4 of 4

DCN 2.4 Response to Driftpile Cree Nation (DCN) NOVA Gas Transmission Ltd. Information Request No. 2 North Corridor Expansion Project GH-002-2019

IR Number: DCN 2.4 Category: Wildlife and Wildlife Habitat Topic: Assessment of Residual Effects Reference: A98641-12 NCE_ESA_Section5 - A6T2V7, Section 5.10.5 Preamble: With respect to residual impacts on moose habitat, NGTL stated that “although habitat will be altered from pre-construction conditions, the habitat analysis indicates no change in availability of potentially suitable habitat for moose within the PCF for the pipeline components” (pg. 5-180). No change in moose habitat is expected because moose use early seral vegetation for forage and natural regeneration on the Project Construction Footprint (PCF) is considered potential moose habitat. With respect to residual impacts on caribou mortality, NGTL acknowledge that linear corridors improve predator access. NGTL states that “the restoration of vegetation communities that do not promote high value forage habitat for moose, deer and elk, to the extent practical given natural vegetation communities, will reduce the potential residual effects of the Project on caribou mortality risk” (pg. 5-189; emphasis added). After reading these passages, it is not clear what type of vegetation communities will be present along the Project linear features. That is, it is not clear if the vegetation communities will provide suitable moose habitat, in support of minimizing impacts of habitat loss on moose, or if the vegetation communities will NOT provide suitable moose habitat, in support of minimizing impacts on caribou mortality. The Red Earth Section 3 is a linear feature that overlaps with caribou and moose ranges. Request: a) Please describe and clarify where along the Project route will natural regeneration will be permitted such that early seral stage habitat suitable for moose will be present versus areas where restoration of vegetation communities will occur such that early seral habitat suitable for moose will not be present.

Response: a) Mitigation for wildlife habitat, including moose has already been incorporated into the ESA (Section 5.10) and EPPs (Appendix 1A, Section 8).1,2 As stated in the Caribou

1 NEB Filing ID: A98641-12, PDF pages 169 to 173 2 NEB Filing ID: A98641-14, PDF pages 21 to 51, and 222 to 252; and NEB Filing ID: A98641-15, PDF pages 21 to 50 and 221 to 249.

November 14, 2019 Page 1 of 2

DCN 2.4 Response to Driftpile Cree Nation (DCN) NOVA Gas Transmission Ltd. Information Request No. 2 North Corridor Expansion Project GH-002-2019

Habitat Restoration and Offset Measures Plan (CHROMP),3 different treatments will be prescribed for upland and lowland areas to ensure optimal survival of planted species. Within caribou range, conifer seedlings consistent with the species growing in adjacent undisturbed areas will be planted in suitable habitats (e.g., where conifers occur prior to construction and where soil conditions are amenable to seedling planting) to re-establish coniferous forest habitat as quickly as possible. It is expected that natural vegetation will regenerate in areas with conifer seedling plantings and in areas where natural regeneration is the preferred restoration method. Over the medium term, this regenerating early seral native vegetation is likely to provide moose forage, particularly in areas with high deciduous tree or shrub components (e.g., upland deciduous and mixedwood forests, riparian areas, and shrubby wetlands). As conifer seedlings from restoration plantings and natural ingress regenerate and the canopy becomes more closed, understory vegetation typically declines due to reduced light, and the suitability of habitat for moose foraging will decline. Over the extended term, as upland forests mature in reclaimed areas of the Project Construction Footprint (PCF), the habitat suitability for moose will increase again once the forest structure can provide thermal and cover habitat. However, the area over the operating pipeline (approximately 12 m width) where vegetation will be managed to allow for operations and maintenance access will be maintained in earlier seral stages over the life of the Project.

The suitability of habitat for caribou foraging and cover is expected to recover over the extended term. However, the residual effects associated with predation risk from increased predator efficiency on linear corridors with low vegetation can be alleviated over a shorter timeframe. Regenerating plantings and natural vegetation within restored portions of the PCF in caribou range can substantially reduce predator movement rates once vegetation heights reach about 1.5-2 metres (refer to literature review in the CHROMP Annex B, Section 5.4).4 While early seral habitat may be suitable for moose foraging, depending on the species, it can also inhibit predator movement, thereby reducing predation risk for caribou.

In general, the objective of habitat restoration and reclamation within the PCF is to establish native vegetation on a trajectory to ecosystems comparable to adjacent undisturbed habitats. While efforts will be made to avoid habitat restoration with highly palatable forage species for moose within caribou range, moose forage species are a natural component of these ecosystems and will regenerate in the reclaimed areas where suitable ecological conditions exist for those species.

3 CER Filing ID: C01545, Attachment CER 1.13-1, PDF pages 29 to 166. 4 CER Filing ID: C01545, Attachment CER 1.13-1, PDF pages 117 to 119.

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DCN 2.5 Response to Driftpile Cree Nation (DCN) NOVA Gas Transmission Ltd. Information Request No. 2 North Corridor Expansion Project GH-002-2019

IR Number: DCN 2.5

Category: Wildlife and Wildlife Habitat

Topic: Mitigation Measures

Reference: A98641-12 NCE_ESA_Section 5 - A6T2V7, Section 5.10.2.5

Preamble: NGTL conducted field surveys to identify wildlife species and site- specific habitat and habitat features and conducted diurnal amphibian surveys. NGTL indicated that targeted wildlife species surveys were planned for the spring and summer of 2019. These could include acoustic recording monitoring, common nighthawk and short-eared owl surveys, yellow rail surveys, and ground searches for wildlife habitat features. This information would then be reviewed relative to the Project assessment conclusions and any appropriate mitigation measures would be incorporated into an update to the Environmental Protection Plans (EPP). The EPPs available with the Environmental and Socio-Economic Assessment (ESA) are dated April 2019.

Request: a) Please list and describe additional wildlife field surveys that were conducted in the spring and summer of 2019.

b) Please provide the updated EPPs and highlight sections that have been updated based on spring 2019 wildlife field programs.

c) To what extent has the EPP been completed with the consideration of Indigenous knowledge, including Driftpile Indigenous knowledge?

d) Please describe the steps taken to date to consult with Aboriginal groups, including Driftpile, with respect to the development of the EPP.

e) Please describe the steps that will be taken to consult with Aboriginal groups, including Driftpile, about any updates to the EPP.

Response: a) A summary of each additional wildlife field survey conducted in 2019 is provided in Section 8.2.2 of NGTL’s Additional Written Evidence (AWE).1

1 CER Filing ID: C01488-1, PDF pages 49 to 55.

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DCN 2.5 Response to Driftpile Cree Nation (DCN) NOVA Gas Transmission Ltd. Information Request No. 2 North Corridor Expansion Project GH-002-2019

b) As stated in NGTL’s AWE,2 new wildlife habitat features identified during the additional wildlife surveys that may interact with the Project (e.g., identified western toad breeding wetlands) will be added to the EPPs and Environmental Alignment Sheets (EAS) prior to construction. NGTL will provide DCN information regarding updates to EPPs through ongoing engagement. c) and d)

The EPPs were developed having considered traditional knowledge (TK) made available through the Project’s Aboriginal Engagement Program, publicly-available literature and completed TK studies. Consideration of input from Aboriginal groups includes evaluating whether NGTL’s planned mitigation would effectively avoid the identified potential interactions, or whether additional or refined mitigation is warranted. A large portion of the environmental protection measures in the EPPs are standard practice for all NGTL projects and reflect proven mitigation developed and implemented over decades of NGTL operating experience. The EPPs also outline site- specific mitigation arising from input and concerns shared with NGTL during ongoing engagement with Aboriginal groups and consultation with stakeholders and landowners as well as input from field surveys.

NGTL has been engaging DCN regarding the Hidden Lake North Unit Addition since August 2018. In January 2019, NGTL requested input from DCN on the community specific TK literature review completed for the Project. NGTL received a response from DCN confirming NGTL’s use of the literature review in Project planning. In addition, in August 2018, NGTL provided funding to assist DCN to conduct a site visit of the Hidden Lake North Unit Addition. Upon completion of their site visit, DCN informed NGTL that they did not have any concerns regarding the Project. Upon NGTL’s receipt of input from DCN regarding the Project and its proposed mitigation, NGTL will consider it in Project planning, as appropriate. e) NGTL is committed to ongoing engagement with potentially affected Aboriginal groups, including DCN. NGTL will continue to provide information to Aboriginal groups, including information regarding updates to the EPPs, and review the information brought forward by Aboriginal groups. Any information brought forward through ongoing engagement will be reviewed in the context of the ESA and considered in Project planning as appropriate, including the EPP and EAS filed prior to construction.

2 Ibid.

November 14, 2019 Page 2 of 2

DCN 2.6 Response to Driftpile Cree Nation (DCN) NOVA Gas Transmission Ltd. Information Request No. 2 North Corridor Expansion Project GH-002-2019

IR Number: DCN 2.6

Category: Wildlife and Wildlife Habitat

Topic: Monitoring

Reference: A98641-13 NCE_ESA_Sections 6 to 9 - A6T2V8, Section 8.1.6

Preamble: NGTL has indicated that several elements of the physical environment, including landscape, vegetation, soils, watercourses, and wetlands will be monitored.

Presumably this information would contribute to their understanding of wildlife habitat restoration. It does not appear that any wildlife-specific monitoring for prediction accuracy or mitigation effectiveness will be conducted, either with regards to reclamation or other wildlife mitigation measures.

With regards to caribou, NGTL has predicted that cumulative impacts will be significant for the Red Earth Section and Hidden Lake North Unit Addition (Table 6.11-8). A Caribou Habitat Restoration and Offset Measures Plan (CHROMP) has been developed for the project to address residual Project effects and contribution to cumulative effects to caribou. Caribou habitat restoration and offset implementation and monitoring will be reported separately to the Canadian Energy Regulator (CER).

Request: a) Please describe any wildlife-specific monitoring programs that will be implemented and any baseline data that would be used to support them.

b) Will Driftpile have the opportunity to review the caribou habitat restoration and monitoring plans and results so that they may understand the effectiveness of mitigation measures being implemented for caribou?

c) Will Driftpile be consulted with respect to the adoption and implementation of mitigation measures?

November 14, 2019 Page 1 of 3

DCN 2.6 Response to Driftpile Cree Nation (DCN) NOVA Gas Transmission Ltd. Information Request No. 2 North Corridor Expansion Project GH-002-2019

Response: a) PCM is described in Section 8.0 of the ESA and Section 9.0 of the EPPs.1,2 PCM for soils, vegetation, and wetlands will address monitoring the success of restoration of wildlife habitat. During the construction phase of the Project, monitoring specific to wildlife includes reporting sightings of wildlife to the Environmental Inspector(s), and monitoring areas of open trench for entrapped wildlife. Baseline data related to wildlife that will support monitoring of the restoration success for wildlife habitat includes: wetland field work completed in September 2018 and July/August 2019 that will be used to inform if wetland habitat function is restored; and vegetation community classifications completed in September 2018 and July/August 2019 that will be used to inform revegetation success and prevention of weed introductions or spreads.

As described in the CHROMP (Sections 5.0 and 6.0 of Annex A),3 NGTL will develop and implement a Caribou Habitat Restoration and Offset Measures Monitoring Program (CHROMMP) for the Project to detail what restoration and offset measures were implemented and to monitor effectiveness of those habitat restoration and offset measures. The monitoring program will include details on monitoring methods (including ground-based, aerial, and remote camera monitoring), adaptive management, monitoring periods (i.e., methods, frequency, and duration), number and location of monitoring and control sites, evaluation criteria and quantifiable performance indicators. CHROMMP reports for the Northwest Mainline Expansion, Leismer-Kettle River Crossover, and Chinchaga Lateral Loop No. 3 projects have been previously filed by NGTL and provide examples of a monitoring approach and methods.4 The CHROMMP for this Project is planned to be filed in Q3 2023.

NGTL does not plan to develop any additional specific wildlife management/plans and/or monitoring programs for the Project. Wildlife management (e.g., wolf control or predator management) and population monitoring data (e.g., caribou collar data) are managed by the Government of Alberta. b) Yes. The CHROMP is available for review as it was filed as part of the Application and can be found in Appendix 10 of the ESA,5 which was provided to DCN on April 5, 2019. NGTL will continue to consider relevant input provided by Aboriginal groups, including DCN, during ongoing engagement for the Project throughout the finalization of the Caribou Habitat Implementation Plan and the CHROMMP for the Project. NGTL remains available to meet with interested Aboriginal groups to answer questions and discuss any concerns. Monitoring reports filed with the CER are available for review through the CER’s electronic repository at their convenience.

1 NEB Filing ID: A98641-13, PDF pages 163 to 165. 2 NEB Filing ID: A98641-14, PDF pages 52 to 53 and 253 to 254; and NEB Filing ID: A98641-15, PDF pages 51 to 52 and 250 to 251. 3 CER Filing ID: C01545, PDF pages 86 to 90. 4 NEB Filing ID: A6A9A1. 5 NEB Filing ID: A98641-19.

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DCN 2.6 Response to Driftpile Cree Nation (DCN) NOVA Gas Transmission Ltd. Information Request No. 2 North Corridor Expansion Project GH-002-2019

c) As stated in Section 6.1 of Appendix 10 of the ESA,6 a key goal of ongoing engagement is to ensure that Project planning is compatible with the current use of lands and resources for traditional purposes. Inclusion of TK shared during engagement will help ensure measures are implemented in a manner that avoids or minimizes disruption to traditional activities in the restoration areas. NGTL is committed to ongoing engagement with Aboriginal groups through all phases of the Project, including DCN. NGTL will continue to provide information to Aboriginal groups, and review the information brought forward by Aboriginal groups. Any information brought forward through ongoing engagement regarding adoption and implementation of mitigation measures will be considered in Project planning, including the CHROMP as appropriate.

6 NEB Filing ID: A98641-19, PDF page 26.

November 14, 2019 Page 3 of 3

DCN 2.7 Response to Driftpile Cree Nation (DCN) NOVA Gas Transmission Ltd. Information Request No. 2 North Corridor Expansion Project GH-002-2019

IR Number: DCN 2.7

Category: Traditional Land and Resource Use

Topic: Lack of consideration of impacts on TLRU from project operations.

Reference: A98641-12 NCE_ESA_Section 5 - A6T2V7, pgs. 5-229 to 5-230

Preamble: In presenting potential project effect pathways for traditional land and resource use (see Table 15.14-1), NGTL does not consider impacts from project operations on: trails and travel-ways, habitation sites, hunting activities, fishing activities, trapping activities, and gathering places and sacred sites (in many of their project segments/components). In doing so NGTL is ignoring the following impact pathways during operations: · impacts from vegetation management on traditionally used plants and water · impacts on wildlife from use of the right of way (RoW) by non- Indigenous big game poachers · impacts on fish from use of the RoW by non-Indigenous recreationalists who cross water courses with off-highway vehicles · impacts at occupancy locales as a result of vandalism, theft, and safety concerns related to non-Indigenous recreationalists using the RoW

Not surprisingly these impacts are absent from Table 5.14-3 Project Interactions and Potential Effects on Traditional Land and Resource Use (pgs. 5-234 to 5-235).

Request: a) Please confirm whether ‘operations’ will be added to the list of project activities that have the potential to result in effects on all categories of traditional land and resource use (TLRU) and whether a discussion on impacts from operations in Table 5.14-1 Mitigation for Potential Effects on Traditional Land and Resource Use (pages 5-235 to 237) will also be included.

b) Given that all traditional land and resource use studies (TLRUS) may not have been completed at the time of writing and because time and budgetary constraints may not always allow for comprehensive TLRUS, will NGTL be taking a conservative approach by assuming that all categories of traditional land and resource use sites and activities may be present in the LSA?

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DCN 2.7 Response to Driftpile Cree Nation (DCN) NOVA Gas Transmission Ltd. Information Request No. 2 North Corridor Expansion Project GH-002-2019

c) NGTL states that there is an: “inherent uncertainty associated with patterns and exact locations of where TLRU is conducted by all Aboriginal groups in the TLRU LSA and RSA” (page 5-241). Please provide more information as to how this uncertainty will be rectified.

d) Please provide clarification and explanation as to how information from TLRUS will be included into the effects assessment process for mitigation, management, monitoring, and accommodation.

Response:

a) NGTL confirms that potential effect pathways during Project operations were considered in the assessment of residual and cumulative effects on traditional land and resource use (TLRU) as outlined in Table 5.14-1 and Table 6.15-1 of the ESA.1 The assessment of residual effects considers the potential for disruption of plant gathering activities and plant resources as a result of vegetation control, as well the potential for disruption of fish and fish habitat and fishing activities as a result of instream work during Project operations. Based on the criteria set out in the ESA, Project residual effects on TLRU, including during operations, are predicted to be not significant.

Project operations is not anticipated to interact with hunting and trapping activities, trails and travelways, habitation sites, and gathering places and sacred sites since there will be no further ground disturbance following construction and reclamation activities other than vegetation management and maintenance activities, which are infrequent and localized. Following construction, access to the pre-disturbed ROW will return to existing conditions. As a result, potential effects during operations on hunting and trapping activities, trails and travelways, habitation sites, and gathering places and sacred sites are not assessed further. b) Yes. The assessment implemented a conservative approach that recognizes a lack of TLRU information does not necessarily represent a lack of current use for that location or activity within the spatial boundaries used for assessing the Project. This conservative approach informs proposed mitigation measures to reduce or avoid potential Project-related effects on TLRU activities, such as through the provision of Project construction schedule and maps. c) Inherent uncertainty associated with TLRU patterns and exact locations within the Project Local Study Area and Regional Study Area (RSA) is addressed by using the conservative approach implemented by NGTL, as described in response b), that recognizes that a lack of TLRU information does not necessarily represent a lack of current use for that location or activity. Such uncertainty may also be mitigated through the provision of site-specific or other TLRU-related information to NGTL by

1 NEB Filing ID: A98641-12, PDF pages 230 to 231.

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DCN 2.7 Response to Driftpile Cree Nation (DCN) NOVA Gas Transmission Ltd. Information Request No. 2 North Corridor Expansion Project GH-002-2019

potentially affected Aboriginal groups through either ongoing engagement and/or the regulatory process vis-à-vis written or oral traditional evidence. NGTL has been engaging Aboriginal groups on the Project since August 2018 and will continue to engage throughout the Project to better understand project-related interactions and potential effects, and develop more effective strategies to avoid, mitigate or manage them through Project design and proposed mitigation. d) TK resulting from the Project’s Aboriginal Engagement Program, publicly-available literature and completed TK studies has been integrated into the overall ESA. It was also considered in the identification of effects pathways and potential effects for TLRU as well as for relevant biophysical elements (e.g., wildlife, fisheries and vegetation) given the close connection to TLRU (i.e., traditional species harvested and other resources required for TLRU activities). Further, the mitigation planned for the Project as described in the ESA and EPPs was developed after considering available TK information and, where appropriate, has been incorporated into Project planning.

Additional information brought forward by Aboriginal groups will be reviewed in the context of the ESA for consideration and incorporation into Project planning, as appropriate. Consideration of information can vary depending on the details and nature of the information provided and includes evaluating whether NGTL’s planned mitigation would effectively avoid the identified potential interactions, or whether additional or refined mitigation is warranted. Traditional use sites or features which require site-specific mitigation additional to the existing measures in the EPPs will be included in the EPPs and EAS filed prior to construction.

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DCN 2.8 Response to Driftpile Cree Nation (DCN) NOVA Gas Transmission Ltd. Information Request No. 2 North Corridor Expansion Project GH-002-2019

IR Number: DCN 2.8

Category: Traditional Land and Resource Use

Topic: It is not clear how the effectiveness of NGTL’s mitigation strategies will be assessed throughout construction and operations.

Reference: A98641-12 NCE_ESA_Section 5 - A6T2V7, Table 5.14-1, pgs. 5-235 to 5-237

Preamble: In section 5.14.4 ‘Monitoring’ NGTL states that their mitigation is “based on engagement with Aboriginal groups, experience gained from other pipeline projects with similar conditions and the professional experience of the assessment team” (page 5-235). However, it is not clear how the effectiveness of many of NGTL’s mitigation strategies will be assessed throughout construction and operations. For example, in Table 5.14-1 NGTL cites communication as a major strategy to mitigate potential effects but makes no mention on how they will evaluate if their communication strategies are effective or need to be revised.

For example, NGTL intends to “[p]rovide potentially affected Aboriginal Groups with the proposed Project construction schedule and maps” (pg. 5-236), but it is unclear how NGTL will determine if the right land users are receiving this information and if they are understanding the schedule and maps. Another example includes NGTL’s intention to “[n]otify registered trappers at least 10 days prior to construction” (pg. 5-237). Unfortunately, it is unclear how NGTL will determine if trappers are receiving their mail in time to be notified about construction, or how they will ensure that trappers understand the content of the notification.

Request: a) Please provide the details of a monitoring program clearly outlining how the effectiveness of mitigation strategies will be assessed throughout construction and operations of the Project.

b) Has NGTL considered using and funding Aboriginal-led environmental and mitigation advisory programs during the construction and operations of the Project?

Response: a) The EPPs includes measures which are implemented during construction to mitigate environmental impacts. Environmental Inspector(s) are present during construction to monitor implementation and effectiveness of mitigation measures. Issues including those related to mitigation effectiveness which are identified during construction are

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tracked by the Environmental Inspector(s) using Issues Tracking List (ITL) and addressed. The ITL is then referenced in post-construction monitoring as follow-up that issues have been adequately addressed.

NGTL’s PCM methodology, as outlined in Section 8 of the ESA,1 and in NGTL’s response to CER 1.25,2 ensures compliance with specific reclamation performance expectations and applicable regulatory requirements. NGTL’s PCM activities include an assessment of reclamation success including identification of any environmental issues and effectiveness of mitigation measures. PCM activities will also identify recommended corrective actions for outstanding environmental issues. For details of the NGTL’s PCM Program, refer to Sections 8.1.1. to 8.1.6. of the ESA.3 b) Information gathered through on-going Aboriginal engagement will be considered for incorporation into Project planning, including EASs and the EPPs, as appropriate, and NGTL will further incorporate input or issues identified during construction into the PCM activities, where appropriate.

NGTL’s understanding of Aboriginal involvement in PCM activities is that it should be fit-for-purpose, focused on addressing outstanding issues and be specific to the phase of the project most appropriate for addressing the issue. A tailored program for Aboriginal involvement in post-construction monitoring helps to: · ensure meaningful participation by aiming for issue resolution and alignment with groups’ specific protocols · reduce unnecessary capacity or resource constraints on Aboriginal groups that could arise from blanketed or superficial involvement · avoid increasing potential interactions that may affect or impede reclamation success

NGTL requires additional information from Aboriginal groups to understand the interest in and specific issues to be addressed by involvement in post-construction monitoring activities before it can determine Aboriginal involvement opportunities to best address post-construction specific issues, if any.

As outlined in Section 13.2.3 of the Application,4 NGTL has been and will continue working with Aboriginal groups to identify opportunities for capacity development and to support each group’s immediate and/or long-term training needs and interests. NGTL remains available to discuss additional issues or concerns identified through ongoing engagement with potentially affected Aboriginal groups prior to and during construction. In addition, NGTL will continue to respond to any Aboriginal groups

1 NEB Filing ID: A98641-13, PDF pages 163 to 165. 2 CER Filing ID: C01545, PDF pages 216 to 233. 3 NEB Filing ID: A98641-13, PDF pages 163 to 164. 4 NEB Filing ID: A98641-1, PDF page 165.

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concerns post-construction and address potential issues on a case-by-case basis, should any arise.

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DCN 2.9 Response to Driftpile Cree Nation (DCN) NOVA Gas Transmission Ltd. Information Request No. 2 North Corridor Expansion Project GH-002-2019

IR Number: DCN 2.9

Category: Traditional Land and Resource Use

Topic: Regional Assessment Area is too small.

Reference: A98641-11 NCE_ESA_Sections 1 to 4 - A6T2V6, Table 4.2-1, pg. 4-7

Preamble: NGTL describes the Regional Study Area (RSA) for the TLRU assessment as including a 15km buffer around each project footprint. This RSA appears to be based on the RSA used for wildlife and wildlife habitat. In order to contextualize how impacts at the local scale will impact an Indigenous community’s broader system and network of traditional land and resource use the RSA must correspond to an Indigenous community’s core use area or traditional territory (and thus be unique to each Indigenous community). As it stands the RSA is based solely on biophysical parameters.

Request: a) Please confirm whether the Assessment of Effects on Traditional Land and Resource Use will be updated to consider a unique and appropriate RSA for each Indigenous community.

Response: a) For the following reasons, NGTL confirms it has no plan to update the TLRU effects assessment to reflect either a new RSA or multiple RSAs as DCN suggests.

The RSAs for the Project differ by Project component. For the NCC Loop (North Star Section 2) and NWML Loop No. 2 (Bear Canyon North Extension), the RSA is a 15 km buffer extending either side from the PCF. For the NCC Loop (Red Earth Section 3) and Hidden Lake North Unit Addition, the RSA is a 15 km buffer extending either side from the PCF and the extent of the Caribou RSAs.

The TLRU RSA is defined as the area where the direct and indirect influences of other land uses and activities could overlap with Project-related effects and cause cumulative effects on TLRU. The TLRU RSA is sufficiently large; it incorporates the RSAs for water quality and quantity, fish and fish habitat, wetlands, vegetation, wildlife, and human occupancy and resource use, among others.

The TLRU RSA described above reflects the potential zone of influence of the Project, rather than the land base used by each Aboriginal group to conduct traditional activities. Potential Project effects on TLRU are assessed at a Project-level, not by individual Aboriginal group, and the TLRU RSA has been defined accordingly.

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DCN 2.10 Response to Driftpile Cree Nation (DCN) NOVA Gas Transmission Ltd. Information Request No. 2 North Corridor Expansion Project GH-002-2019

IR Number: DCN 2.10

Category: Traditional Land and Resource Use

Topic: Cultural Resource Discovery Contingency Plan (CRDCP) lacking some elements

Reference: A98641-14 NCE_ESA_Appendix1A_1B - A6T2V9, Appendix 1E, pgs. 1E-23 to 1E-24

Preamble: NGTL states that their CRDCP applies to all personnel of the Company, their Contractor(s) and subcontractors. However, it is unlikely that such untrained personnel could identify potential TLRU sites, heritage sites, or human remains.

Step 1 includes the immediate notification of the Environmental Inspector who then notifies the Company’s Construction Manager and Environmental Advisor. It is not until Step 2 of the CRDCP (and only at the advice of the Environmental Advisor) that a Heritage Resource Specialist is consulted.

In Step 3 (TLRU) the Heritage Resource Specialist will develop an appropriate mitigation plan in consultation with the Environmental Advisor and then review the strategy with potentially effected Aboriginal groups.

Request: a) Please provide more information on whether all personnel of the Company, their Contractor(s) and subcontractors involved in construction will be required to complete training on how to identify (at a ) potential TLRU sites, heritage sites, or human remains and to familiarize them with the CRDCP.

b) Please provide confirmation as to whether NGTL would be willing to amend the CRDCP such that A Heritage Resource Specialist is notified during Step 1 of the CRDCP.

c) How will NGTL determine which Aboriginal groups to inform?

d) Please provide more information on whether the Heritage Resource Specialist will develop an appropriate mitigation plan in collaboration with the potentially effected Aboriginal groups, or whether the plan would be developed independently and then reviewed with effected Aboriginal groups.

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Response: a) NGTL notes that all construction personnel are required to receive Project-specific environmental orientation training to ensure that all workers on the Project are informed of key environmental requirements and Project-specific sensitivities. The environmental orientation includes materials on the Cultural Resources Discovery Contingency Plan (CRDCP),1 examples of common heritage or TLRU materials that may be encountered, the protection and cultural significance of uncovering these resources, worker obligations in the event of a find, and outlines appropriate steps to be taken by construction staff should a heritage or TLRU resource site be identified during construction. b) Not confirmed. The CRDCP outlines a step-wise process of logical actions to evaluate potential finds and determine what measures need to be taken to mitigate potential effects, including the engagement of a Heritage Resource Specialist, if needed.

Step 1: Encounter, represents the discovery of the potential cultural resource. This phase includes suspending work, notification of relevant personnel of the location and nature of the suspected find, and establishing a buffer around the resource, if necessary. These steps occur prior to a determination of the nature of the find and need to be undertaken before it is decided whether or not a Heritage Resource Specialist is required.

Step 2: The initial assessment, is the phase where staff conduct an initial non-invasive assessment of the site, and a Heritage Resource Specialist may be consulted to aid in the initial assessment, as necessary. NGTL believes that timing of the involvement of the Heritage Resource Specialist is best suited to Step 2, once the initial assessment of the potential resource begins. Please refer to Section 13.0 of Appendix 1E of the EPPs for additional information.2

NGTL believes the CRDCP is reasonable and amendment as DCN suggests is not warranted or necessary. c) In the event that a location is identified during Project construction and is considered likely to be a previously unreported TLU site, NGTL will contact any potentially affected Aboriginal groups. NGTL will identify Aboriginal groups for this engagement based on information collected during the Aboriginal Engagement Program for the Project. d) During Step 3 of the implementation of the CRDCP, NGTL would inform potentially affected Aboriginal groups of the discovery and review and discuss the planned mitigation strategy, on a case-by-case basis.

1 NEB Filing ID: A98641-14, PDF pages 166 to 167. 2 Ibid.

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DCN 2.11 Response to Driftpile Cree Nation (DCN) NOVA Gas Transmission Ltd. Information Request No. 2 North Corridor Expansion Project GH-002-2019

IR Number: DCN 2.11

Category: Consultation and Engagement

Topic: Aboriginal Engagement Program and Crown Consultation

Reference: A98641 -1 the Project Application – A6T2U6, section 13

Preamble: The Board expects an applicant to have a company-wide Consultation Program that establishes a systematic, comprehensive and proactive approach for the development and implementation of project-specific consultation activities.

The Project's scope will determine the consultation activities required, and it is up to each applicant to justify the extent of consultation carried out for each application.

NGTL has recognized that its Aboriginal Engagement Program is complementary to any Crown consultation concerning potential impacts to Aboriginal and treaty rights, and that the NEB's process can be relied upon by the Crown.

NGTL has worked with certain interested Aboriginal groups to develop a Project-specific work plan and budget, which has formalized the engagement activities to be conducted for the Project and associated funding.

The Project is being developed within Driftpile's territory and Driftpile has identified specific interests and rights in the area of the Project. Driftpile intends to provide further evidence in this proceeding about its specific interests, rights, and concerns related to the Project.

Request: a) Please describe how NGTL has sought to meaningfully engage with interested Aboriginal groups with a view to considering their interests, rights and concerns in respect of the Project.

b) Where consultations referred to at IR (a) above have been advanced by NGTL, what steps have been taken by NGTL to implement avoidance, mitigation and accommodation measures or agreements in respect of impacts to each Aboriginal groups' rights and interests?

c) Please provide a consultation log, or a detailed list on specific consultation and engagement activities with Aboriginal groups since the filing of the Project Application.

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d) Will NGTL seek to meaningfully consult and engage with Driftpile to understand its interests in the area of the Project and formalize a process for appropriate engagement with Driftpile, including the study of its interests and concerns?

e) In the event that that Project is approved, will NGTL commit to continued engagement with interested Aboriginal groups, including Driftpile, during the life of the Project pertaining to each Aboriginal groups' rights and interests as they relate to the Project?

f) Has the Crown formally notified NGTL that it intends to delegate procedural aspects of consultation to NGTL with respect to the Project? If so, what is the nature and extent of those delegated Crown consultation obligations?

Response: a) and b)

NGTL has been engaging with Aboriginal groups on the Project since August 2018. As stated in Section 13.0 of the Application,1 a key goal of the Aboriginal Engagement Program for the Project is to provide Project information and seek feedback from Aboriginal groups in order to anticipate, prevent, mitigate and manage conditions that have the potential to affect Aboriginal groups. NGTL’s practice is to offer a range of project-specific capacity funding agreements to Aboriginal groups for engagement activities with NGTL to better understand the potential effects of the Project on Aboriginal group’s rights and interests. By receiving detailed feedback from Aboriginal groups NGTL is able to better understand project-related interactions and potential effects, can develop more effective strategies to avoid, mitigate or manage them through Project design and proposed mitigation.

A summary of NGTL’s engagement with Aboriginal groups, including NGTL’s consideration of their interests and concerns, from August 2018 to March 2019 was included in Section 13.3.1 of the Application.2 A summary of NGTL’s engagement with Aboriginal groups, including NGTL’s consideration of their interests and concerns, from March 2019 to August 2019 was included in Section 7.0 of the AWE.3 A summary of NGTL’s engagement with Aboriginal groups, including NGTL’s consideration of their interests and concerns from August 2019 to November 1, 2019 is included in c) below. NGTL’s responses and proposed mitigation measures from

1 NEB Filing ID: A98641-1, PDF page 161. 2 NEB Filing ID: A98641-1, PDF page 171. 3 CER Filing ID: C01488-1, PDF page 21.

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the EPPs to the TK Studies received to date can be found in Appendix A of Appendix 11 of the ESA4 and Appendix 8-1 to 8-8 of NGTL’s AWE.5 c) Aboriginal Engagement Update

In Section 13 of the Application,6 NGTL provided an overview of engagement activities with Aboriginal groups up to March 1, 2019. In NGTL’s AWE,7 NGTL provided an overview of engagement activities from March 2, 2019 to August 8, 2019. The following section provides information on the Aboriginal Engagement Program for the Project for the period of August 9, 2019 to November 1, 2019, including: · implementation of the Aboriginal Engagement Program · outcomes of the Aboriginal Engagement Program from August 9, 2019 to November 1, 2019 · plans for ongoing engagement

Sharing of Traditional Knowledge

The current status of the TK program for the Project is detailed in Table DCN 2.11-1. The results of the TK studies completed since filing the Application have been considered within the context of the ESA for the Project. NGTL will continue to review and assess additional TK information as it is made available by Aboriginal groups. In addition to its TK program, NGTL will continue to document TK and address Project-related concerns identified by Aboriginal groups during activities associated with the Project’s broader Aboriginal Engagement Program.

Table DCN 2.11-1: Status of the Traditional Knowledge Studies Being Completed by Each Participating Aboriginal Group

Interest in Method of Aboriginal Group Conducting a Study Study Status of Study Yes Independent Final Report received May 22, 2019 for NCC Loop (North Star Section 2), NCC Loop (Red Earth Section 3), NWML Loop No. 2 (Bear Canyon North Extension) and Hidden Lake North Unit Addition. NGTL reviewed the report and provided a response to Beaver First Nation on July 31, 2019. No N/A Letter of no concern received on November 1, 2018 for NCC Loop (Red Earth Section 3).

4 NEB Filing ID: A98641-19, PDF page 182. 5 CER Filing ID: C01488-1, PDF pages 109-150. 6 NEB Filing ID: A98641-1, PDF page 171. 7 CER Filing ID: C01488-1, PDF page 21.

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Table DCN 2.11-2: Status of the Traditional Knowledge Studies Being Completed by Each Participating Aboriginal Group (cont’d)

Interest in Conducting a Method of Aboriginal Group Study Study Status of Study Cadotte Lake Métis Yes Independent Final Report received March 14, 2019 for Local 1994 NCC Loop (North Star Section 2), NCC Loop (Red Earth Section 3) and Hidden Lake North Unit Addition. NGTL reviewed the report and provided a response to Cadotte Lake Métis Local 1994 on August 23, 2019. Tha’ First Nation Yes Independent Underway for NCC Loop (North Star Section 2), NWML Loop No. 2 (Bear Canyon North Extension) and Hidden Lake North Unit Addition. Doig River First Nation Yes Independent Final Report received April 5, 2019 for NWML Loop No. 2 (Bear Canyon North Extension) and Hidden Lake North Unit Addition. NGTL reviewed the report and provided a response to Doig River First Nation on August 20, 2019. Driftpile Cree Nation Yes Site visit Letter of no concern received on January 28, 2019 for Hidden Lake North Unit Addition. Duncan’s First Nation Yes Independent Underway for NWML Loop No. 2 (Bear Canyon North Extension), NCC Loop (North Star Section 2) and Hidden Lake North Unit Addition. East Prairie Métis Yes Independent Underway for NWML Loop No. 2 (Bear Settlement Canyon North Extension). Gift Lake Métis Yes Independent Interim Report received on Settlement October 23, 2018 for NCC Loop (Red Earth Section 3). Interim Report received on November 9, 2018 for NCC Loop (North Star Section 2). Final Report received on December 21, 2018 for NCC Loop (North Star Section 2) and NCC Loop (Red Earth Section 3). NGTL reviewed the reports and provided a response to Gift Lake Métis Settlement on April 1, 2019.

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Table DCN 2.11-2: Status of the Traditional Knowledge Studies Being Completed by Each Participating Aboriginal Group (cont’d)

Interest in Conducting a Method of Aboriginal Group Study Study Status of Study Horse Lake First Yes Independent Final Report received on May 24, 2019 Nation for NCC Loop (North Star Section 2), NCC Loop (Red Earth Section 3), NWML Loop No. 2 (Bear Canyon North Extension) and Hidden Lake North Unit Addition. NGTL reviewed the report and provided a response to on July 31, 2019. Loon River First Yes Independent Pending confirmation of interest and Nation agreement with NGTL on appropriate scope and costs. Métis Nation of Alberta Yes Independent Final Report received on February 27, Region 5 2019 for NCC Loop (Red Earth Section 3). NGTL reviewed the report and provided a response to Métis Nation of Alberta Region 5 on March 29, 2019. Métis Nation of Alberta Yes Independent Final Report received on May 3, 2019 for Region 6 NCC Loop (North Star Section 2), NWML Loop No. 2 (Bear Canyon North Extension) and Hidden Lake North Unit Addition. NGTL reviewed the report and provided a response to Métis Nation of Alberta Region 6 on August 14, 2019. Paddle Prairie Métis Yes Independent Site visit results received on Settlement February 12, 2019 for Hidden Lake North Unit Addition. NGTL reviewed the letter and provided a response to Paddle Prairie Métis Settlement on April 15, 2019. Final Report received on September 25, 2019 for NCC Loop (Red Earth Section 3) and NCC Loop (North Star Section 2). NGTL reviewed the report and provided a response to Paddle Prairie Métis Settlement on September 27, 2019. Peavine Métis Yes Facilitated Final Report received on Settlement January 21, 2019 for NCC Loop (North Star Section 2) and NCC Loop (Red Earth Section 3). NGTL reviewed the report and provided a response to Peavine Métis Settlement on March 29, 2019.

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Table DCN 2.11-2: Status of the Traditional Knowledge Studies Being Completed by Each Participating Aboriginal Group (cont’d)

Interest in Conducting a Method of Aboriginal Group Study Study Status of Study Peerless Trout First Yes Facilitated Final Report received on July 9, 2019 for Nation NCC Loop (Red Earth Section 3). NGTL reviewed the report and provided a response to Peerless Trout First Nation on September 3, 2019. Yes Independent Site visit results received on July 30, 2019 for NCC Loop (Red Earth Section 3). NGTL reviewed the report and provided a response to Sawridge First Nation on September 3, 2019. Swan River First Yes Independent Final Report received on Nation February 25, 2019 for NCC Loop (Red Earth Section 3) and NCC Loop (North Star Section 2). NGTL reviewed the report and provided a response to on April 1, 2019. Tallcree First Nation Yes Independent Final Report received on May 16, 2019 for NCC Loop (Red Earth Section 3) and NCC Loop (North Star Section 2). NGTL reviewed the report and provided a response to Tallcree First Nation on July 31, 2019.

Summary of Engagement Activities

Since filing NGTL’s AWE,8 NGTL provided the following Project updates to all Aboriginal groups identified by NGTL and the NEB:

· September 4, 2019, NGTL sent an email to potentially affected Aboriginal groups providing an update regarding the NEB’s issuance of the Completeness Determination and Hearing Order.

· September 6, 2019, NGTL sent an email to potentially affected Aboriginal groups providing an update that NGTL had filed its AWE in accordance with the GH-002- 2019 hearing order.

· September 9, 2019, NGTL sent an email to potentially affected Aboriginal groups with a regulatory process update for the Project informing that NGTL’s response to the NEB Information Request No. 1 could be found on the CER website and included a link to the CER website.

8 CER Filing ID: C01488.

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· October 11, 2019, NGTL sent an email to potentially affected Aboriginal groups informing that the response to the Intervenor Information Request No. 1 had been filed and included a link to the CER website.

· October 16, 2019, NGTL sent an email to potentially affected Aboriginal groups informing that NGTL had filed responses to Intervenor Information Request No. 1 including corrected links and filing No. for the CER website.

On August 16, 2019, NGTL sent an email notification to all the Aboriginal groups who had submitted Applications to Participate in the Project Hearing, providing information regarding the NEB’s Ruling No. 1. The email included a link to the Application filing and related documents for all participants in the proceeding, on the NEB website. For clarity, this notification was sent to the following Aboriginal groups:

· Bigstone Cree Nation · Dene Tha’ First Nation · Driftpile Cree Nation · Duncan’s First Nation · · First Nation · Whitefish Lake (Atikameg) First Nation #459 · Cadotte Lake Metis Local 1994 · Gift Lake Metis Settlement · Peavine Metis Settlement

Where engagement has occurred in addition to the notifications listed above, summaries of these activities with the respective Aboriginal groups are provided below. These summaries also identify any questions and concerns communicated to NGTL, as well as the actions taken by, or planned to be taken by, NGTL to address those questions and concerns.

Cadotte Lake Métis Local 1994 (CLML1994)

On August 23, 2019, NGTL emailed a response to CLML 1994’s TK Report and provided proposed mitigation for the Project-specific issues and concerns identified in CLML 1994’s TK report. NGTL requested that CLML 1994 review the proposed mitigation and let NGTL know if CLML 1994 had any questions, or if CLML 1994 wanted to meet to discuss the proposed mitigation in further detail.

On October 29, 2019, NGTL received an email from CLML1994 with a question regarding TK Protocol Agreement logistics. Later the same day NGTL received an email from CLML1994 containing a copy of the Traditional Knowledge report for the Project that NGTL had already previously received.

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On October 30, 2019, NGTL emailed CLML1994 information in response to their question the previous day. In addition, NGTL noted that feedback had not yet been received from CLML1994 on the mitigation tables sent August 23, 2019. NGTL offered to discuss mitigation tables and address any questions or concerns.

NGTL will continue to address questions and concerns from CLML 1994 through its ongoing engagement efforts should any arise.

Dene Tha’ First Nation (DTFN)

On August 26, 2019, NGTL received a reply email from DTFN to NGTL’s June 5, 2019, email regarding the TK Protocol Agreement. The email received from DTFN included the signed TK Protocol agreement. On the same day, NGTL received another email from DTFN requesting a meeting on September 9, 2019, to discuss various NGTL projects. On the same day NGTL emailed DTFN confirming the September 9, 2019, meeting date. On September 7, 2019, NGTL received an email from DTFN confirming the meeting on September 9, 2019.

On September 9, 2019, NGTL met with DTFN and discussed the Project. DTFN advised that they intended to conduct the field studies for the Project’s TK report within the coming weeks.

On September 30, 2019, NGTL had a telephone call with DTFN to discuss the Project. DTFN advised they were conducting the TK field studies for the Project the week of September 30, 2019. DTFN requested NGTL send the Project shapefiles. On the same day NGTL emailed DTFN the Project shapefiles as requested.

To date, NGTL has not received a TK report from DTFN. Upon receipt, the findings of DTFN’s TK report will be reviewed in the context of the ESA and considered for incorporation into Project planning, as appropriate.

Doig River First Nation (DRFN)

On August 20, 2019, NGTL emailed a response to DRFN’s TK Report and provided proposed mitigation for the Project-specific issues and concerns identified in DRFN’s TK report. NGTL requested that DRFN review the proposed mitigation and let NGTL know if DRFN had any questions or wanted to meet to discuss the proposed mitigation in further detail.

On October 7, 2019, NGTL emailed DRFN following up to the email NGTL sent on August 20, 2019. NGTL had not received a response to the August 20, 2019 email and resent the proposed mitigation for the Project-specific issues and concerns identified in DRFN’s TK report and requested that DRFN contact NGTL if they had any outstanding questions.

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To date, NGTL has not received a response from DRFN regarding the information it provided on August 20 and October 7, 2019. NGTL will continue to address questions and concerns from DRFN through its ongoing engagement efforts should any arise.

Duncan’s First Nation (DFN)

On August 22, 2019, NGTL received a letter from DFN addressed to the NEB, indicating that DFN would remain involved as an intervenor on the Project, although DFN were withdrawing their intervention in the NCC Loop (North Star Section 1) Project.

On October 30, 2019, NGTL and DFN exchanged emails regarding the status of DFN’s TK report. DFN informed NGTL the report is complete and undergoing internal reviews and once complete, would be provided to NGTL. Upon receipt, the findings of DFN’s TK report will be reviewed in the context of the ESA and considered for incorporation into Project planning, as appropriate. NGTL will continue to address questions and concerns from DFN through its ongoing engagement efforts should any arise.

East Prairie Métis Settlement (EPMS)

On August 20, 2019, NGTL received an email from EPMS inquiring if NGTL had received a scope of work proposal for conducting a TK study on the NCC Loop (North Star Section 2), NCC Loop (Red Earth Section 3) and Hidden Lake North Compressor Station sections of the Project. NGTL replied the same day by email, summarizing that NGTL was waiting for EPMS to detail their interests in the Project segments outside of NWML Loop No. 2 (Bear Canyon North Extension), submit a scope of work proposal for a TK study, and complete a TK protocol agreement to undertake a TK study. Also, on August 20, 2019, NGTL forwarded EPMS the email that it had previously sent, dated July 24, 2019, requesting additional information on interests within all segments of the Project. NGTL received a reply by email from EPMS the same day. EPMS informed NGTL that the TK protocol agreement, TK report and a scope of work for the other sections of the Project were forthcoming.

To date, NGTL has not received a TK report from EPMS. Upon receipt, the findings of EPMS’s TK report will be reviewed in the context of the ESA and considered for incorporation into Project planning, as appropriate.

Gift Lake Métis Settlement (GLMS)

On August 22, 2019, NGTL emailed GLMS summarizing a phone call which occurred earlier the same day. GLMS requested a meeting with NGTL in mid-September. NGTL requested that GLMS provide an agenda to ensure that the right participants from NGTL would be invited.

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On August 26, 2019, NGTL received an email from GLMS stating that GLMS would send possible meeting dates later that day. GLMS also noted that Council would be attending the meeting.

On October 21, 2019, NGTL emailed GLMS in follow up to the August 26, 2019 correspondence. NGTL inquired if GLMS still intended to send possible meeting dates that GLMS council was available.

On October 22, 2019, NGTL emailed GLMS providing November 12 or 13, 2019 as potential meeting dates. NGTL requested a proposed agenda and list of who would be attending the meeting so NGTL could prepare accordingly.

On October 23, 2019 NGTL received an email from GLMS noting that GLMS was waiting for internal confirmation on their attendance list for the upcoming Project meeting.

On October 31, 2019, NGTL emailed GLMS proposing November 13, 2019 for the Project meeting along with other meeting-related details. NGTL also inquired again about GLMS meeting attendees and matters GLMS would like discussed.

NGTL will continue to address questions and concerns from GLMS through its ongoing engagement efforts should any arise

Kapawe'no First Nation (KFN)

On October 16, 2019, NGTL received an email from KFN requesting the shapefiles for the Project, and a meeting with NGTL. NGTL sent the shapefiles by email the same day and provided dates it would be available for a meeting. NGTL also requested KFN draft an agenda for the proposed meeting.

On October 28, 2019, NGTL emailed KFN to follow up on its October 16, 2019 email and inquired whether any of the meeting dates previously offered by NGTL worked for KFN.

NGTL will continue to address questions and concerns from KFN through its ongoing engagement efforts should any arise.

Loon River First Nation (LRFN)

On October 28, 2019, NGTL emailed LRFN following up to confirm whether LRFN remained interested in meeting to discuss the Project. NGTL also inquired about LRFN’s interest in a potential engagement capacity funding agreement. NGTL noted that in the correspondence between NGTL and LFRN on April 16, 2019, LRFN was going to send NGTL dates available for meeting.

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NGTL will continue to address questions and concerns from LRFN through its ongoing engagement efforts should any arise.

Métis Nation of Alberta Region 5 (MNAR5)

On August 15, 2019, NGTL and MNAR5 exchanged emails regarding the engagement capacity funding agreement for the Project.

On October 11, 2019, NGTL received an email from MNAR5 in response to NGTL’s Intervenor Information Request No. 1 filing notification that NGTL had emailed earlier that day, MNAR5 noted the link in the email was incorrect. NGTL replied the same day acknowledging the error. On October 16, 2019 NGTL sent a second mass-mailout with a new link to the CER website, correcting the error MNAR5 had identified.

On October 22, 2019, NGTL received an email from MNAR5 containing a letter of non-objection for the Project. NGTL confirmed receipt of MNAR5’s email the same day.

NGTL will continue to address questions and concerns from MNAR5 through its ongoing engagement efforts should any arise.

Métis Nation of Alberta Region 6 (MNAR6)

On August 14, 2019, NGTL emailed a response to MNAR6’s TK Report and provided proposed mitigation for the Project-specific issues and concerns identified in MNAR6’s TK report. NGTL requested that MNAR6 review the proposed mitigation and let NGTL know if MNAR6 any questions or if MNAR6 wanted to meet to discuss the proposed mitigation in further detail.

On September 5, 2019, NGTL and MNAR6 exchanged several emails following MNAR6’s request for a telephone call discussion, after they received NGTL’s Project update advising of the NEB’s completeness determination and hearing order. A telephone discussion was scheduled for the following day, September 6, 2019.

On September 6, 2019, NGTL and MNAR6 exchanged several emails to reschedule the time for the telephone call that had been scheduled for that day. MNAR6 noted that they would telephone NGTL later that day. NGTL did not receive the telephone call as scheduled.

On September 9, 2019, NGTL received a telephone call from MNAR6. MNAR6 offered their support for the Project.

NGTL will continue to address questions and concerns from MNAR6 through its ongoing engagement efforts should any arise.

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Nose Creek Community (NCC)

On August 9, 2019, NGTL emailed NCC to inquire if NCC remained interested in having a telephone call regarding the Project, as previously discussed on August 1, 2019.

On August 14, 2019, NGTL received an email from NCC, in which NCC requested that they conduct a TK study for the Project. NCC inquired if NGTL would be in Grande Prairie in the near future, and if so, would NGTL be available for a meeting.

On August 28, 2019, NGTL sent an email to NCC noting that NGTL would be in Grande Prairie on August 28 and 29 and would have time to meet with NCC.

On August 29, 2019, NGTL and NCC exchanged emails to coordinate a meeting time and location to discuss the Project.

On August 30, 2019, NGTL met with NCC and discussed the Project. NGTL explained where the proposed Project is to be located and provided NCC with Project brochures. NCC requested that they be able to participate in environmental field studies for the Project. NGTL explained they could not accommodate the request as this was not being offered on this Project. NCC also requested NGTL’s support with a community investment initiative.

On September 23, 2019, NGTL received an email from NCC in which NCC inquired if NGTL had an opportunity to consider supporting the community investment initiative as discussed during the August 30, 2019 meeting.

On September 24, 2019, NGTL sent NCC and email confirming receipt of the September 23, 2019 email, and noting that NGTL was looking into the potential for community investment support.

NGTL will continue to address questions and concerns from NCC through its ongoing engagement efforts should any arise.

Paddle Prairie Métis Settlement (PPMS)

On August 14, 2019, NGTL emailed PPMS Project maps as previously requested.

On September 4, 2019, NGTL left a voicemail for PPMS requesting an update on the status of the TK Report.

On September 6, 2019, NGTL telephoned PPMS. NGTL and PPMS discussed the recent staffing changes at PPMS. NGTL also requested PPMS’s final TK Report for the Project as soon as possible so any potential issues and concerns could be responded to.

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On September 9, 2019, NGTL received a telephone call from PPMS. PPMS expressed that they were encountering some challenges completing their TK Report due to a recent staff changes at PPMS. NGTL committed to sending documentation to PPMS and the parties agreed to have another phone call the following day.

On September 10, 2019, NGTL emailed PPMS a copy of the signed TK protocol agreement for their records. On the same day, NGTL also emailed PPMS information regarding the TK study NGTL had previously received from PPMS, for the new staff at PPMS’s records.

On September 13, 2019, NGTL received an email from PPMS requesting maps for the Project. NGTL replied the same day, providing the maps as requested.

On September 17, 2019, NGTL received an email from PPMS requesting shapefiles for the Project. NGTL replied the same day, providing the shapefiles as requested.

On September 25, 2019, NGTL emailed PPMS regarding a potential engagement capacity funding agreement for the Project. NGTL received a reply email from PPMS the same day. PPMS stated that they would get back to NGTL regarding a potential engagement capacity funding agreement.

In addition, on September 25, 2019, NGTL received an email from PPMS with their final TK Report attached. The following day, NGTL emailed PPMS to confirm receipt of the TK Report.

NGTL has reviewed the results of PPMS’s TK Study completed for the Project in the context of the ESA for consideration and incorporation into Project planning, as appropriate. Issues and concerns identified by PPMS in its TK Report included: · Potential effects to harvesting practices, well-being and rights of PPMS members; · Impacts to wildlife habitat and movement and related effects on PPMS hunting; · Impacts to boreal caribou range and boreal forest fragmentation; · Reduction in access to available Crown lands for harvesting; · Potential effects on vegetation and plant gathering, including traditional use plants and medicines; and · Potential cumulative and long-term environment effects of industrial development, including air pollution and contamination and degradation of sub regional watersheds, including Chinchaga River and Miekle River.

On September 27, 2019, NGTL emailed a response to PPMS’s TK Report and provided proposed mitigation for the Project-specific issues and concerns identified in PPMS’s TK report. NGTL requested that PPMS review the proposed mitigation and let

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NGTL know if PPMS had any questions or if PPMS wanted to meet to discuss the proposed mitigation in further detail.

On October 24, 2019, NGTL emailed PPMS an engagement capacity funding agreement for review.

NGTL will continue to address questions and concerns from PPMS through its ongoing engagement efforts should any arise.

Peavine Métis Settlement (PMS)

On August 29, 2019, NGTL emailed PMS in follow up to previous conversations regarding a potential engagement capacity funding agreement for the Project.

On October 17, 2019, NGTL received a telephone call from PMS indicating that they were planning to conduct a follow up site visit on the NCC Loop (North Star Section 2) segment of the Project, as PMS felt it was necessary to compare their findings from the previous year. On the same day, NGTL sent PMS an email regarding the follow up site visit to the NCC Loop (North Star Section 2) portion of the Project. NGTL identified for PMS the segments of the Project they were being engaged on and committed to sending updated mapping, if there were updated maps.

On October 21, 2019, NGTL received an email from PMS requesting location information in relation to their site visit.

On October 21, 2019, NGTL telephone PMS to discuss the follow up site visit. PMS requested GPS coordinates for their site visit.

On October 22, 2019, NGTL emailed PMS the relevant Global Positioning System (GPS) coordinates as previously requested. NGTL and PMS exchanged additional emails related to the GPS coordinates the same day, with PMS confirming receipt.

On October 24, 2019, NGTL emailed PMS inquiring if the follow up site visit raised any new concerns, issues or questions. On the same day, NGTL received a response by email from PMS noting that the follow up site visit was completed on October 23, 2019. PMS also noted a business opportunity for tree clearing and requested that a monitor from PMS be on site during construction at water crossings. NGTL replied by email the same day and provided PMS with the contact information for the Business Engagement Lead on the Project. NGTL also explained that it was not able to accommodate the request for a monitor from PMS to be on site during construction at water crossings.

Between October 25 and 29, 2019, NGTL and PMS exchanged several emails and telephone calls discussing NGTL’s business engagement approach and opportunities, as well as information regarding PMS’ businesses, capabilities and associated contact information.

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On October 31, 2019, NGTL emailed PMS a draft engagement capacity funding agreement for the Project for review and execution.

NGTL will continue to address questions and concerns from PMS through its ongoing engagement efforts should any arise.

Peerless Trout First Nation (PTFN)

On August 9, 2019, NGTL and PTFN exchanged phone calls regarding the final TK Report.

On August 26, 2019, NGTL sent PTFN an email originally sent May 16, 2019, after a short phone call the same day, during which PTFN expressed interested in an engagement capacity funding agreement. PTFN requested that the email from May 16, 2019, which included details on an engagement capacity funding agreement be resent for reference.

On September 3, 2019, NGTL emailed a response to PTFN’s TK Report and provided proposed mitigation for the Project-specific issues and concerns identified in PTFN’s TK report. NGTL requested that PTFN review the proposed mitigation and let NGTL know if PTFN had any questions or if PTFN wanted to meet to discuss the proposed mitigation in further detail.

On September 16, 2019, NGTL emailed PTFN requesting a meeting on September 19, 2019. On the same day NGTL received a reply from PTFN by email confirming availability for a meeting on September 19, 2019.

On September 19, 2019, NGTL met with PTFN and discussed the Project and PTFN’s status as an intervenor on the Project in the hearing process. PTFN noted they had elected to participate in the Project’s regulatory process in order to obtain as much information as possible about the Project and the process, but that PTFN in fact had no concerns at that time, to raise with NGTL. PTFN noted they would like to proceed with a potential engagement capacity funding agreement for the Project and requested that NGTL send an email to PTFN with details regarding a potential engagement capacity funding agreement.

On September 27, 2019, NGTL emailed PTFN information regarding a potential engagement capacity funding agreement.

On October 3, 2019, NGTL received a telephone call from PTFN regarding a different project, however during this call, NGTL noted that PTFN needed to reply to NGTL’s earlier email regarding potential engagement capacity funding agreement if they were interested in the potential agreement.

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On October 9, 2019, NGTL emailed PTFN to request a meeting to discuss the Project and follow up on the email NGTL sent September 27, 2019 regarding a potential engagement capacity funding agreement.

NGTL will continue to address questions and concerns from PTFN through its ongoing engagement efforts should any arise.

Sawridge First Nation (SWFN)

On August 16, 2019, NGTL left SWFN a voicemail to confirm receipt of the TK report. NGTL also offered to further discuss the Project or an engagement capacity funding agreement for the Project with SWFN.

On September 3, 2019, NGTL emailed a response to SWFN’s TK Report and provided proposed mitigation for the Project-specific issues and concerns identified in SWFN’s TK report. NGTL requested that SWFN review the proposed mitigation and let NGTL know if SWFN had any questions or if SWFN wanted to meet to discuss the proposed mitigation in further detail.

To date, NGTL has not received a response from SWFN but remains available to discuss questions or concerns should any arise.

Swan River First Nation (SRFN)

On September 9, 2019, NGTL received an email from SRFN acknowledging receipt of the Project update sent earlier the same day informing groups that NGTL’s intervenor information request No. 1 filing was submitted to the CER.

On October 25, 2019, NGTL received a telephone call from SRFN inquiring about the hearing status for the Project. NGTL committed to providing an update on the hearing status and to resending information regarding potential engagement capacity funding agreement.

On October 31, 2019, NGTL followed up on its October 25, 2019, discussion with SRFN and emailed SRFN a Project engagement capacity funding agreement along with some background information about the agreement’s contents. NGTL also provided SRFN a link to the CER’s website for more information regarding the Project hearing.

NGTL will continue to address questions and concerns from SRFN through its ongoing engagement efforts should any arise.

Tallcree First Nation (TFN)

On October 2, 2019, NGTL received a telephone call from TFN to discuss the Project and potential engagement capacity funding agreement. NGTL requested that TFN propose ongoing engagement activities and an associated budget. The same day, NGTL

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emailed TFN in follow up to the earlier phone call, regarding a potential engagement capacity funding agreement.

On October 16, 2019, NGTL received a phone call from TFN to further discuss a potential engagement capacity funding agreement. TFN noted that they would discuss the matter internally and get back to NGTL.

NGTL will continue to address questions and concerns from TFN through its ongoing engagement efforts should any arise.

Whitefish Lake (Atikameg) First Nation #459 (WLFN459)

On September 9, 2019, NGTL received a voicemail from WLFN459 requesting a call back. On September 10, 2019, NGTL returned WLFN459’s call from the previous day. WLFN459 wanted to discuss business opportunities related to the Project and NGTL provided the Business Engagement Lead’s contact information to WLFN459 by email the same day.

NGTL will continue to address questions and concerns from WLFN459 through its ongoing engagement efforts should any arise.

Woodland Cree First Nation (WCFN)

On September 7, 2019, NGTL received an email from WCFN requesting a meeting.

On September 9, 2019, NGTL emailed WCFN in response to their meeting request. NGTL requested that WCFN draft and submit a meeting agenda as well as potential dates for the meeting.

On September 22, 2019, NGTL emailed WCFN inquiring if WCFN would like to add a discussion about the Project, to an already scheduled meeting between WCFN and NGTL regarding a different project.

On September 23, 2019, NGTL received an email from WCFN. WCFN confirmed that they would like to add a discussion about the Project, to the already scheduled meeting. WCFN noted that they would send NGTL some potential meeting dates.

On October 3, 2019, NGTL received an email from WCFN proposing a meeting date of October 15, 2019. NGTL replied the same day confirming the meeting date, time and location.

On October 15, 2019, NGTL met with WCFN and discussed the Project.

On October 17, 2019, NGTL emailed WCFN a summary of the meeting that occurred on October 15, 2019, noting that the Project is outside of the core WCFN traditional territory and that notification only is appropriate. On the same day, NGTL sent WCFN

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another email providing NGTL’s Indigenous Business Engagement contacts’ information. NGTL also sent a third email that day providing additional Project information including the Project brochure and maps.

NGTL will continue to address questions and concerns from WCFN through its ongoing engagement efforts should any arise.

Plans for Ongoing Engagement

NGTL continues to actively engage with all potentially affected Aboriginal groups consistent with the approach described above. Engagement activities will continue during all Project phases. NGTL will continue to respond to questions and concerns, and ongoing engagement activities will continue with the intent to: · address any Project-related questions or concerns · progress work plans that provide capacity funding for communities · understand interests in employment and contracting opportunities · continue to gather input through ongoing engagement activities

d) and e)

NGTL has been engaging DCN since August 2018 regarding the Hidden Lake North Unit Addition portion of the Project. A summary of NGTL’s engagement with DCN from August 2018 to March 2019 was included in Section 13.3.1 of the Application.9 A summary of NGTL’s engagement with DCN from March 2019 to August 2019 was included in Section 7.0 of the AWE.10 A summary of NGTL’s engagement with DCN from August 2019 to October 21, 2019 is included in the response to c) above.

NGTL notes that on January 28, 2019, following a site visit of the Hidden Lake North Unit Addition portion of the Project, DCN advised NGTL that it had no concerns regarding the Project. NGTL also notes that part of finalizing the engagement capacity funding agreement which was required prior to the site visit involved formalizing the process agreed upon between NGTL and DCN for engagement on the Project. Notwithstanding, NGTL is committed to ongoing engagement with Aboriginal groups throughout the life of the Project, including DCN. NGTL will continue to provide information to Aboriginal groups and respond to any questions or concerns raised through its ongoing engagement efforts should any arise. f) The Crown has not formally notified NGTL that it intends to delegate procedural aspects of consultation to NGTL with respect to the Project. It is NGTL’s understanding that the Major Projects Management Office is the Crown Consultation Coordinator for the Project, and that the Crown intends to build on existing

9 NEB Filing ID: A98641-1, PDF page 171. 10 CER Filing ID: C01488-1, PDF page 21

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relationships, and use the information submitted by Indigenous interveners and commenters, as well as the proponent, to the hearing record to inform its consultation with Indigenous Peoples.11

11 NEB Filing ID: A98940-4, Attachment 3 - Crown Consultation Approach NGTL.

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