2.49.1.1 Seabird Island Band Traditional Territory Figure 2-57 Seabird Island Band Traditional Territory Page 2 - 251
Source: Seabird Island Band 2014
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The TMPL and proposed TMEP corridors transect the traditional territory of Seabird Island Band. The following TMPL and proposed TMEP facilities are located within the traditional territory of Seabird Island Band:
• Hope Station;
• Wahleach Station;
• Sumas Station;
• Sumas Terminal; and
• Border Traps.
Seabird Island Band has not expressed concerns regarding socio-economic interests, routing and construction and regulatory processes.
The following section summarizes Seabird Island Band Issues Summary and Resolution Table. For further detail, refer to the Seabird Island Band Issues Summary and Resolution Table included in Appendix H.
2.49.2 Engagement Activity Trans Mountain provided the Project notification letter to Seabird Island Band on May 29, 2012. Trans Mountain has continued to share Project information with Seabird Island Band and will continue to do so as Project planning continues and, if Project approvals are received, into the construction and operational phases of the Project.
Through a series of subsequent meetings both in-person, over the phone and via e-mail, Seabird Island Band interests and concerns have been discussed in detail.
On November 27, 2013, Seabird Island Band and Trans Mountain executed a confidential Protocol Agreement. On May 2, 2014, Seabird Island Band and Trans Mountain executed a confidential LOU, which included capacity funding to support Project engagement. On March 13, 2015, Seabird Island Band and Trans Mountain executed a confidential MBA, and Seabird Island Band filed a Letter of Support with the NEB. A confidential Amendment to the MBA was executed on December 7, 2015.
In response to the receipt of the Draft Aboriginal Engagement Report, Seabird Island Band shared a response letter with Trans Mountain on July 18, 2016. The letter included the following comments:
• some elements of the consultation process were not met (i.e., Funding pf a Traditional Use Study Project);
• seabird did not participate in the NEB process because of it’s limited scope; and
• KMC has been providing project information in a timely manner.
For a detailed chronological summary of engagement with Seabird Island Band to date, refer to Volume 3B of the Facilities Application and Consultation Updates 1 through 4, submitted to the NEB as referenced in the Concordance Table for NEB Filings in Appendix D. Trans Mountain is committed to ongoing engagement with Seabird Island Band and in compliance with NEB Condition 96 and NEB Condition 146, Trans Mountain will report on it’s engagement activities with Seabird Island Band throughout construction and for each of the first five years after commencing operations.
2.49.3 TLU/TMU As referenced in Appendix I, Seabird Island Band participated in some studies but did not complete a TLU study for the Project. Seabird Island Band is concerned with potential irreversible effects from the construction and operation of the proposed pipeline and effects to medicines.
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Trans Mountain will consult with Aboriginal groups in advance of its filings in compliance with NEB Conditions 72 and 78, which require Trans Mountain to file an updated Project-specific Pipeline EPP for the construction of the pipeline and facilities. Consultation on NEB Condition 72 and 78 is estimated to commence in August 2016. Trans Mountain will include reclamation plans and plans for monitoring water quality, wildlife and fish.
2.49.4 Land and/or Marine Environment Seabird Island Band is concerned about increased wildfires due to the construction and operations of the Project.
To respond to this Trans Mountain will file, in compliance with Condition 89, a Project-specific Emergency Response Plan, including spill contingency measures that Trans Mountain will employ in response to accidental spills attributable to construction activities, 24-hour medical evacuation, fire response and security.
Seabird Island Band is concerned about potential effects from the introduction of foreign substances into the ecosystem.
To respond to this this Trans Mountain will file, in compliance with NEB Condition 45, a Weed and Vegetation Management Plan.
Seabird Island Band is concerned about potential effects to water, land, air, wildlife, habitat, and plants due to construction and operations of the Project. Trans Mountain responded to Seabird Island Band’s concerns regarding potential Project impacts through NEB Conditions 44, 40, 41, 45, 71 and 154, which require Trans Mountain to file Wildlife Species at Risk Mitigation and Habitat Restoration Plans, a Rare Ecological Community and Rare Plant Population Management Plan, a Wetland Survey and Mitigation Plan, a Weed and Vegetation Management Plan, a Riparian Habitat Management Plan, and a Riparian Habitat Enhancement and Offset Plan, respectively.
Trans Mountain will consult with Aboriginal groups in advance of its filings in compliance with NEB Condition 151, which requires Trans Mountain to file a post-construction environmental monitoring report that will summarise Trans Mountain’s consultation with potentially affected Aboriginal groups.
2.49.5 Spills Seabird Island Band is concerned about effects from a potential spill. In the event an emergency occurs, KMC will invite the directly affected Aboriginal groups to participate in Unified Command to cooperatively develop and execute the incident action plans.
Trans Mountain will consult with Aboriginal groups in advance of its filings in compliance with NEB Condition 90, which require Trans Mountain to file a Consultation Plan that outlines how Trans Mountain has and intends to consult with Aboriginal groups on elements of the enhanced EMP. Aboriginal groups will have the opportunity to provide further feedback on the EMP in compliance with NEB Conditions 125, 126, and 117.
2.49.6 Routing and Construction Seabird Island Band does not have an IR that is crossed by the TMPL corridor or the proposed TMEP corridor.
2.49.7 Regulatory Seabird Island Band did not participate in the NEB Hearing Process. As referenced above, on March 13, 2015, Seabird Island Band submitted a Letter of Support for the Project to the NEB.
Permits obtained through the NEB Pipeline Application and required by the Forest and Range Practices Act and the Water Sustainability Act will provide further opportunity for engagement with regards to concerns identified by Seabird Island Band.
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2.50 Semiahmoo First Nation 2.50.1 Overview Semiahmoo First Nation is an Aboriginal group identified by Trans Mountain as a community that has an interest in the Project or has Aboriginal interests potentially affected by the Project. As identified by the BC EAO in the Section 11 Order, Semiahmoo First Nation is an Aboriginal group having asserted or determined Aboriginal rights, including title, and treaty rights.
As outlined in filings with the NEB, Semiahmoo First Nation is a Coast Salish Band located in the City of Surrey, BC, and is affiliated with the Sencoten Alliance of First Nations (Metro Vancouver, 2012). Semiahmoo First Nation is not involved in treaty negotiations (Metro Vancouver 2012a). As of 2013, the total population of Semiahmoo First Nation was 87 people, of which 56 live on IRs and 31 live off IRs (AANDC 2013a). There is one Semiahmoo First Nation IR (AANDC 2012).
An overview of Semiahmoo First Nation is provided in Table 2.50-1.
TABLE 2.50-1
SEMIAHMOO FIRST NATION – OVERVIEW
Band Population Tribal Affiliation Traditional Language Traditional Cultural Practices 87 Sencoten Alliance of First Nations Unknown1 Unknown1 Sources: AANDC 2013a, Metro Vancouver 2012a Notes: 1 Data could not be found in desktop research or field notes.
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2.50.1.1 Semiahmoo First Nation Traditional Territory Figure 2-58 Semiahmoo First Nation Traditional Territory Page 2 - 255
Source: Semiahmoo First Nation 2010
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The TMPL and proposed TMEP corridors transect the traditional territory of Semiahmoo First Nation. The following TMPL and proposed TMEP facilities are located within the traditional territory of Semiahmoo First Nation:
• Sumas Station;
• Sumas Terminal;
• Border Traps; and
• Port Kells Station.
Semiahmoo First Nation has not expressed concerns regarding engagement, TLU, land and marine environment, socio-economic interests, spills, routing and construction, or regulatory processes.
The following section summarizes Semiahmoo First Nation Issues Summary and Resolution Table. For further information, refer to the Issues Summary and Resolutions Table for Semiahmoo First Nation included in Appendix H.
2.50.2 Engagement Activity Trans Mountain provided the Project notification letter to Semiahmoo First Nation on May 29, 2012. Trans Mountain has continued to share Project information with Semiahmoo First Nation and will continue to do so as Project planning continues and if Project approvals are received, into the construction and operational phases of the Project.
Through a series of subsequent meetings both in-person, over the phone and via e-mail, Semiahmoo First Nation interests and concerns were discussed. As reported in the filings with the NEB throughout the hearing process for the Project, preliminary interests were formally provided by Semiahmoo First Nation in a letter to Trans Mountain on August 6, 2013. Interests focused on:
• the alienation of Crown lands in their traditional territory;
• reliance on traditional territory for way of life;
• hunting, fishing, and harvesting rights; and
• traditions and culture.
On January 18, 2013, Semiahmoo First Nation and Trans Mountain executed a confidential LOU, which included capacity funding to support Project engagement. Amendments to the LOU were executed on August 23, 2013 and December 6, 2013. On August 25, 2014, Semiahmoo First Nation and Trans Mountain executed a confidential MBA. On October 1, 2014, Semiahmoo First Nation filed a Letter of Support with the NEB.
For a detailed chronological summary of engagement with Semiahmoo First Nation to date, refer to Volume 3B of the Facilities Application and Consultation Updates 1 through 4, submitted to the NEB as referenced in the Concordance Table for NEB Filings in Appendix D. Trans Mountain is committed to ongoing engagement with Semiahmoo First Nation and in compliance with NEB Condition 96 and NEB Condition 146, Trans Mountain will report on it’s engagement activities with Semiahmoo First Nation throughout construction and for each of the first five years after commencing operations.
2.50.3 Routing and Construction Semiahmoo First Nation does not have an IR that is crossed by the TMPL corridor or the proposed TMEP corridor.
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2.50.4 Regulatory Semiahmoo First Nation did not participate in the NEB Hearing Process. As referenced above, on October 1, 2104, Semiahmoo First Nation submitted a Letter of Support for the Project to the NEB.
2.51 Shackan Indian Band 2.51.1 Overview Shackan Indian Band is an Aboriginal group identified by Trans Mountain as a community that has an interest in the Project or has Aboriginal interests potentially affected by the Project. As identified by the BC EAO in the Section 11 Order, Shackan Indian Band is an Aboriginal group having asserted or determined Aboriginal rights, including title and treaty rights. Shackan Indian Band is a member of the Nicola Tribal Association.
As outlined in filings with the NEB, Shackan Indian Band is a Scw'exmx (Nicola) Band located in the Nicola Valley of BC, approximately 20 km east of Spences Bridge and 40 km west of the City of Merritt on Highway 8 (Shackan Indian Band 2012). As of 2013, the total population of Shackan Indian Band was 131 people, of which 82 lived on IRs and 49 lived off IRs (AANDC 2013a). There are three Shackan Indian Band IRs (AANDC 2012). The main IR and location of the Band headquarters is Shackan IR #11 (AANDC 2012, Shackan Indian Band 2012). This IR has a total land base of 2,595 ha.
The asserted traditional territory of Shackan Indian Band and all Nlaka’pamux First Nations includes land in the United States, from within Washington State to the south, extending north to the Canadian municipality of Ashcroft and east and west within Canada to Douglas Lake and Lillooet, respectively (Shackan Indian Band 2012). The total area of all three Shackan Indian Band IRs is approximately 3,873 ha (Shackan Indian Band 2012).
Shackan Indian Band places high value on water in their territory, especially since the Band uses many of these water sources for subsistence and traditional fishing practices. Similarly, the Shackan Indian Band relies on hunting, trapping and gathering of mammals, birds and plants on their territory for subsistence and medicinal purposes. Lands and waters within the Band’s territory also serve as a foundation for Shackan ceremonial and spiritual practices, such as rites of passage, funerary customs and sweat lodge cleanses (The Firelight Group Research Cooperative 2014).
An overview of the Shackan Indian Band is provided in Table 2.51-1.
TABLE 2.51-1
SHACKAN INDIAN BAND – OVERVIEW
Band Population Tribal Affiliation Traditional Language Traditional Cultural Practices Total: 131 Nicola Tribal Association Nłeʔkepmxcín Fishing Subsistence harvesting of On IRs: 82 mammals, birds and plants for food Tobacco offerings, rites of passage, Off IRs: 49 and sweat lodge cleansing ceremonies Sources: AANDC 2012, 2013a, KMC 2013, SCHSS 2011
Key Project-related issues raised by Shackan Indian Band members and identified in the Shackan Indian Band Aboriginal Interests and Mitigation Report (The Firelight Group Research Cooperative 2014) include:
• concerns about accidents and spills that could lead to the contamination of Shackan fishing areas, wildlife habitat and plant gathering areas;
• concerns over an increase in traffic in Shackan territory;
• concerns about increased pressure on wildlife from hunting;
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• concerns about habitat fragmentation and destruction leading to loss of wildlife, berries, food and medicinal plants;
• concerns about the direct disturbance of and reduced access to lands that are used for cultural activities or teaching;
• concerns about changes in the character of the landscape due to disturbance, and increased pressure from traffic and non-Aboriginal hunters, reducing the connection Shackan Indian Band members have with the land;
• concerns about reduced opportunities for cultural teachings due to reduced wildlife populations or contamination, or perceived contamination of resources; and
• concerns over restricted access in the Shackan Indian Band territory.
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2.51.1.1 Shackan Indian Band Traditional Territory Shackan Indian Band has not provided a traditional territory map to Trans Mountain. The Nicola Tribal Association, of which Shackan Indian Band is a member, has provided the following traditional territory map to Trans Mountain.
Figure 2-59 Nicola Tribal Association Traditional Territory Page 2 - 259
Source: Nicola Tribal Association 2013
Trans Mountain Pipeline ULC Aboriginal Engagement Report Trans Mountain Expansion Project July 2016
The TMPL and proposed TMEP corridors transect the traditional territory of the Nicola Tribal Association. The following TMPL and proposed TMEP facilities are located within the asserted traditional territory of the Nicola Tribal Association, of which Shackan Indian Band is a member:
• Kamloops Terminal;
• Stump Station;
• Kingsvale Station; and
• Hope Station.
The following section summarizes Shackan Indian Band Issues Summary and Resolution Table. For further detail, refer to the Shackan Indian Band Issues Summary and Resolution Table included in Appendix H.
2.51.2 Engagement Activity Trans Mountain provided the Project notification letter to Shackan Indian Band on May 29, 2012. Trans Mountain has continued to share Project information with Shackan Indian Band and will continue to do so as Project planning continues and if Project approvals are received, into the construction and operational phases of the Project.
A Band Counsel Resolution document was provided to Trans Mountain by Nooaitch Indian Band, Shackan Indian Band and Nicoment Indian Band which provided permission to proceed with a Service Agreement/TLU Study/ Filed Studies to be signed with KMC/TERA Consultants (CH2M HILL)/Tmixw Research to perform work on its behalf in relation to the Expansion of the Project. A series of subsequent meetings in-person, over the phone, and via e-mail have taken place to date and a confidential LOU was executed with the Nicola Tribal Association on July 30, 2013, which included the participation of Shackan Indian Band and included capacity funding to support Project engagement.
On August 11, 2014, Shackan Indian Band and Trans Mountain executed a confidential MOU, which included capacity funding to support Project engagement.
Shackan Indian Band is concerned by the lack of direct engagement between First Nations and Trans Mountain, and that the Crown has not adequately fulfilled its duty to consult. Shackan Indian Band is concerned that the lack of Crown consultation constitutes an infringement on Shackan Indian Band’s Section 35 constitutional rights. Shackan Indian Band asserts that the Crown must provide an appropriate process in which the First Nation has a reasonable opportunity to assess the potential effects of the Project and to provide feedback that is well-reasoned and can contribute meaningfully to the government’s decision. Shackan Indian Band is also concerned that no consultation on the original pipeline took place and that no compensation (with the exception of some small sums for rights-of-way through certain IRs) was given. Shackan Indian Band is concerned that the lack of a final route makes it difficult to assess the effects of the Project on the rights and title of Nlaka’pamux Nation and Shackan Indian Band. Shackan Indian Band asserts that Trans Mountain will add further infringements of Nlaka’pamux Aboriginal rights and title that would need to be justified under the Sparrow test. The community is also concerned that the plan mandated by NEB Condition 90 for Aboriginal group participation in construction monitoring is simply a reporting mechanism, rather than an actual plan for regular Aboriginal monitoring of the Project. Shackan Indian Band recommends that the plan be augmented to include ongoing Aboriginal monitoring of the pipeline on a regular basis, from pre-construction through the life of the Project. The costs of this monitoring should be funded by Trans Mountain.
In response to the concerns raised by Shackan Indian Band, Trans Mountain has offered to meet directly with Shackan Indian Band to address the concerns of its members regarding the Project. Trans Mountain will continue in to engage directly with Shackan Indian Band to address its concerns regarding the Project. Trans Mountain commits to implementing the following mitigation measures of relevance to address the concerns expressed by Shackan Indian Band. NEB Conditions 72 and 78 require Trans Mountain to file a Facilities EPP and a Pipeline EPP, respectively, at least 90 days prior to construction. The Plans will include Aboriginal Monitors who will work with the Environmental Inspectors to provide TEK to inform the
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construction program to ensure protection of the environment. Consultation with Aboriginal groups on NEB Conditions 72 and 78 is estimated to commence in August 2016.
For a detailed chronological summary of engagement with Shackan Indian Band to date, refer to Volume 3B of the Facilities Application and Consultation Updates 1 through 4, submitted to the NEB as referenced in the Concordance Table for NEB Filings in Appendix D. Trans Mountain is committed to ongoing engagement with Shackan Indian Band and in compliance with NEB Condition 96 and NEB Condition 146, Trans Mountain will report on it’s engagement activities with Shackan Indian Band throughout construction and for each of the first five years after commencing operations.
2.51.3 TLU/TMU Shackan Indian Band is concerned about the potential inability to practice TLU as a result of increased development in the region. Shackan Indian Band is concerned that the ‘regional approach’ to environmental assessment taken by Trans Mountain is not defensible in law or policy as it overlooks the importance of location; First Nations cannot simply go elsewhere to exercise their rights. Shackan Indian Band is concerned that Trans Mountain has failed to address how they will mitigate adverse effects on Aboriginal communities that relate to specific locations of concern.
Shackan Indian Band is concerned about Project effects on the environment and community members’ property resulting from the twinning of the two pipelines, in combination with the accumulation of associated power lines and transportation corridors which limit community members’ abilities to use the land for TLU. The community is also concerned about how sub-irrigation and agriculture is affected by the existing pipeline. Shackan Indian Band is concerned with Trans Mountain’s environmental assessment for the Project and asserts that cumulative effects and significant effects on current land and resource usage by Aboriginal peoples have not been properly considered, as is required by the CEAA 2012. Shackan Indian Band asserts that the environmental assessment needs to consider effects to wetlands and water, land disturbance and cumulative effects of the existing pipeline on access to land upon which Aboriginal rights are exercised.
Shackan Indian Band is concerned that climate change is resulting in declining medicinal and traditional food plants, and that the Project will contribute to effects on such plants as huckleberry and blueberry.
Shackan Indian Band is concerned that the Project and other development will result in increased access to their traditional territory, particularly to hunting areas. Linear disturbances increase access to non-Aboriginal recreational hunters and result in increased predation by animals such as wolves, resulting in fewer hunting opportunities for Aboriginal hunters. Shackan Indian Band is concerned about decreased access to land, particularly traditional use areas in the Coquihalla Valley and Coldwater Region due to restrictions resulting from Project activities. Shackan Indian Band is concerned about the Project being routed around reserve lands, and the effects the Project will have on the land. Shackan Indian Band expects to be consulted directly by Trans Mountain on any increase or limitation of access, and given the shared nature of this sentiment among First Nations groups, this procedure should be incorporated as a Condition. Shackan Indian Band takes issue with NEB Condition 47 since there are areas where members will require access to exercise their Aboriginal rights. Shackan Indian Band would like Trans Mountain to have more discussions with communities where the Project is routed through reserves.
In response to the concerns raised by Shackan Indian Band, Trans Mountain will implement a comprehensive suite of mitigation measures to reduce the effects of the Project on the environment. Trans Mountain notes that although some of the residual effects are long-term, it does not preclude the Shackan Indian Band from using the land for traditional subsistence purposes. Accordingly, Trans Mountain has facilitated TLU studies and TEK studies with Aboriginal communities to assist in assessing the potential impacts of the Project on Aboriginal interests and generally inform the ESAs. Trans Mountain will implement NEB Conditions 72 and 78, which require Trans Mountain to file a Facilities EPP and a Pipeline EPP, respectively, at least 3 months prior to construction. The plans will include Aboriginal Monitors who will work with the Environmental Inspectors to provide TEK to inform the construction program to ensure protection of the environment. Consultation with Aboriginal groups on NEB Conditions 72 and 78 is estimated to commence in August 2016. Trans Mountain is committed to meeting directly with Shackan Indian Band to discuss the Shackan Indian Band TLU study prior to construction.
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As mentioned in Section 5.2 in Volume 2.0 of the Application, the total land area required in Alberta for the pipeline right-of-way will be approximately 621.2 ha, based on a width of 18.3 m throughout. The total land area required for the right-of-way or license in BC will be approximately 1,178.9 ha, based on a width of 18.3 m or less, as limited by licenses. Until detailed engineering design is completed, the full or partial use of the existing TMPL right-of-way or other existing linear facilities during construction of the Project is undetermined. However, the combined width of the new and existing right-of-way will be minimized and the width of the new operating right-of-way will generally not exceed 18.3 m.
An evaluation of the significance of the Project’s contribution to cumulative effects was conducted for each indicator determined to have a likely combined residual effect associated with the Project. Furthermore, an evaluation of the significance of the Project’s contribution to cumulative effects was also conducted for each element where more than one likely cumulative effect may act in combination. As part of its commitment to environmental protection, Trans Mountain will minimize potential adverse effects to wetlands by taking steps to expedite construction in and around wetlands, restore wetlands to their original configurations and contours, segregate topsoil during excavation, permanently stabilize upland areas near wetlands as soon as possible after backfilling, inspect the right-of-way periodically during and after construction, and repair any erosion control or restoration features until permanent revegetation is successfully completed.
Trans Mountain is committed to implementing NEB Conditions relevant to the concerns raised by Shackan Indian Band. NEB Condition 3 requires Trans Mountain to implement all of the policies, practices, programs, mitigation measures, recommendations, and procedures for the protection of the environment. On the topic of wetlands, Trans Mountain will file a pre-construction Wetland Survey and Mitigation Plan pertaining to the protection of wetlands and monitoring reclamation success and functionality of each wetland affected by the Project. This report will be filed with the NEB at least four months prior to commencing construction. Concerning access, NEB Condition 47 requires Trans Mountain to file an Access Management Plan(s) with the NEB at least four months prior to commencing construction, and this plan(s) must address issues related to soil, vegetation, fish and fish habitat, and wildlife and wildlife habitat. This plan(s) must also describe access control measures proposed to control both human and predator access during construction and operations. NEB Condition 71 requires Trans Mountain to file a Riparian Habitat Management Plan with the NEB prior to construction, with consultation with Aboriginal groups estimated to commence in August 2016. NEB Condition 151 requires Trans Mountain to file a Post-Construction Environmental Monitoring Report with the NEB on or before January 31 of each of the first, third and fifth growing seasons that will summarise Trans Mountain’s consultation with potentially affected Aboriginal groups, including any issues and concerns raised, and how Trans Mountain will address them. NEB Condition 154 requires Trans Mountain to file a Riparian Habitat Enhancement and Offset Plan after the fifth complete growing season. NEB Condition 156 requires Trans Mountain to file a Wetland Reclamation Evaluation and Offset Plan with the NEB on or before January 31, prior to construction. The Plan will include identification of wetlands that have not yet achieved the intended degree of reclamation success, and will also include a description of how Trans Mountain has incorporated available TLU and TEK in developing the plan. Trans Mountain is committed to meeting with Shackan Indian Band to discuss the Shackan Indian Band TLU Study prior to construction.
2.51.4 Land and/or Marine Environment Shackan Indian Band is concerned about recreational users, particularly in the Coldwater River (Coquihalla Region) disturbing the land and water (salmon hatchlings) with quads and snowmobiles.
Trans Mountain is not currently anticipating any serious harm to fish in watercourses and therefore has not initiated any action on this task. NEB Condition 3 requires Trans Mountain to implement all of the policies, practices, programs, mitigation measures, recommendations, and procedures for the protection of the environment. NEB Condition 47 requires Trans Mountain to file Access Management Plans prior to construction and NEB Condition 43 requires Trans Mountain to file a Watercourse Crossing Inventory prior to construction. Consultation on NEB Condition 47 is estimated to commence in August 2016. Trans Mountain will include rationale for the inclusion of information received from Aboriginal groups in its filing and will issue a response letter to Aboriginal groups with the same information at the time of filing as per the Condition. Trans Mountain commits to developing an appropriate Conceptual Fish Offset Plan.
Shackan Indian Band is concerned about wildlife displacement and habitat fragmentation due to the Project.
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Trans Mountain will facilitate wildlife movement during construction by ensuring that work is conducted expeditiously. By maintaining a tight construction spread, Trans Mountain will reduce both the duration of the open trench and potential barriers and hazards to wildlife. Mitigation measures to reduce effects on habitat, limit barriers to movement, avoid attraction of wildlife to the work site, minimize sensory disturbance and protect site-specific habitat features of importance are discussed in Section 7.2.10, Volume 5A of the Project Application and in the Pipeline EPP (Volume 6B). A number of NEB Conditions require Trans Mountain to file reports that will monitor Project related impacts to wildlife and wildlife habitat. NEB Condition 44 requires Trans Mountain to file Wildlife Species at Risk Mitigation and Habitat Restoration Plans. Consultation on NEB Condition 44 with Aboriginal groups is estimated to commence in August 2016.
Shackan Indian Band is concerned about effects on species at risk including great horned owl, American badger, Lewis’s woodpecker and Williamson’s sapsucker. Shackan Indian Band remains concerned with NEB Condition 44 and disagrees that comparable habitat is available for species at risk. Shackan Indian Band recommends avoidance of sites that species at risk inhabit.
A number of Conditions require Trans Mountain to file reports that will monitor Project-related impacts on wildlife species at risk. In addition, NEB Conditions 72 and 78, which require Trans Mountain to file a Facilities EPP and a Pipeline EPP, respectively, includes Aboriginal Monitors who will work Environmental Inspectors to provide TEK to inform the construction program to ensure protection of the environment. Consultation on NEB Conditions 72 and 78 with Aboriginal groups is estimated to commence in August 2016. This will include reclamation plans and plans for monitoring water quality, wildlife and fish.
Shackan Indian Band is concerned about effects to water quality and quantity and effects to natural springs in the region, particularly the underground aquifer that runs parallel to the Coldwater River as well as potential contamination of ground and surface water from the Project.
NEB Condition 130 requires Trans Mountain to file a Groundwater Monitoring Program that will summarize Trans Mountain’s consultation with potentially affected Aboriginal groups, including any issues and concerns with respect to the Groundwater Monitoring Program and how Trans Mountain has addressed or responded to them.
2.51.5 Socio-Economic Interests Shackan Indian Band is concerned about employment, training and business opportunities. Shackan Indian Band is concerned about the loss of language and culture, as well as Project effects on social and cultural well-being in the community. Shackan Indian Band has concerns with NEB Draft Condition 14 (Aboriginal, Local, and Regional Skills and Business Capacity Inventory), because rather than producing an inventory, Trans Mountain should be required to provide quantitative, measurable targets for Aboriginal employment, training and business opportunities. Shackan Indian Band states these measurable targets should be discussed with the First Nation communities along the pipeline route.
In response to the concerns raised by Shackan Indian Band, Trans Mountain will implement a number of relevant mitigation measures. Under Trans Mountain Commitment 972, Trans Mountain has committed to collecting aggregate capacity information from Shackan Indian Band and providing Aboriginal capacity inventory data to its contractors for hiring purposes. Additionally, Trans Mountain’s contractors will be required to report hiring statistics on a monthly basis. NEB Condition 12 requires Trans Mountain to file a Training and Monitoring Plan with the NEB. NEB Condition 11 requires Trans Mountain to report on an Aboriginal, local, and regional skills and business capacity inventory. NEB Condition 58 requires Trans Mountain to file training and education monitoring reports. NEB Condition 13 requires Trans Mountain to file a Socio-Economic Effects Monitoring Plan, with consultation estimated to commence in August 2016. This plan will include rationale for the inclusion of information received from Aboriginal groups in its filing and will issue a response letter to Aboriginal groups with the same information at the time of filing. Shackan Indian Band was invited to attend a workshop on September 16, 2015 to provide feedback on the development of the Socio-Economic Effects Monitoring Plan, but did not participate. NEB Condition 107 requires Trans Mountain to file Aboriginal, local and regional employment and business opportunity monitoring reports.
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2.51.6 Spills Shackan Indian Band is concerned about spills and leaks, and the effects those will have on the environment, including fish, wildlife, birds, water and air. Shackan Indian Band is concerned that Trans Mountain has underestimated the costs of a spill clean-up. Shackan Indian Band has not provided views on the resolution measure proposed by Trans Mountain.
In response to the concerns raised by Shackan Indian Band, Trans Mountain will implement a number of relevant mitigation measures. In the event that an emergency occurs, KMC will invite the directly affected Aboriginal groups to participate in Unified Command to cooperatively develop and execute the incident action plans. In compliance with NEB Condition 90, Trans Mountain will develop and file with the NEB, a Consultation Plan that outlines how Trans Mountain has and intends to consult with Aboriginal groups on elements of the enhanced EMP. The plan will be filed at least 2 months prior to commencing construction (estimated construction start date: September 2017). In September 2015, Trans Mountain initiated Part III of its consultation program for the development of its enhanced EMP. The enhanced EMP will use the existing EMP as a foundation and be expanded to meet the needs of the proposed expansion Project. Through one on one meetings and/or workshops, the consultation program maximizes the ability to gather expertise and input from Aboriginal groups. Trans Mountain has identified 133 Aboriginal groups with an interest in the Project along the proposed Project corridor, each group has been or will be invited to participate in consultation regarding the EMP. In mid-2017, Trans Mountain will compile all input and feedback received from Aboriginal groups to draft the elements, plans and supplemental documents associated with the enhanced EMP. In 2018, Trans Mountain will conduct another series of regional workshops in each of the four KMC districts to present the enhanced draft EMP and identify how input and feedback gathered through consultation was considered and where appropriate, incorporated in the enhanced draft EMP. Aboriginal groups will have the opportunity to provide further feedback on the enhanced draft EMP prior to Trans Mountain filing its Emergency Response Plans with the NEB, in compliance with NEB Conditions 125 and 126, at least six months prior to commencing operations. In compliance with NEB Condition 117, Trans Mountain will report on improvements to the EMP in intervals of at least two years, one year and at six months prior to commencing operations (estimated operations start date: December 2019).
2.51.7 Routing and Construction Shackan Indian Band does not have an IR that is crossed by the TMPL corridor or the proposed TMEP corridor.
Shackan Indian Band is concerned with the Project creating access points to the properties of community members. Shackan Indian Band is concerned that the routing for the Project remains undefined in a number of areas, particularly in the Nicola Valley, as Trans Mountain’s preferred route traverses Lower Nicola Indian Band Reserves. Shackan Indian Band states that these facts make Trans Mountain’s repeated statements regarding the extent that it is following the existing pipeline route inaccurate. Shackan Indian Band has concerns with NEB Condition 7 because route realignments ought to have been considered as part of the environmental assessment as “alternative means of carrying out the Project”.
In response to the concerns raised by Shackan Indian Band, Trans Mountain will implement the following relevant NEB Conditions. NEB Condition 47 requires Trans Mountain to file Access Management Plan(s) with the NEB for approval, to be included within the updated Facilities EPP and Pipeline EPP (required by NEB Conditions 72 and 78, respectively). Each plan must describe access control measures proposed to control both human and predator access during construction and operations. Trans Mountain will consult with Aboriginal groups in advance of its filings in compliance with NEB Condition 47. Trans Mountain will include rationale for the inclusion of information received from Aboriginal groups in its filing and will issue a response letter to Aboriginal groups with the same information at the time of filing, as per the Condition. NEB Condition 7 requires Trans Mountain to file an ESA for each proposed route re-alignment that extends beyond the applied for right-of-way width of Trans Mountain’s preferred route in proximity to Surrey Bend Provincial Park. Trans Mountain is committed to meeting with Shackan Indian Band to discuss the Shackan Indian Band TLU Study prior to construction.
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2.51.8 Regulatory Shackan Indian Band participated in the NEB hearing process as a registered intervenor. Shackan Indian Band participated in the Aboriginal Oral Traditional Evidence Hearings and provided Aboriginal oral evidence to the NEB on November 13, 2014 in Kamloops, BC. Shackan Indian Band submitted Information Requests to the NEB in the second round. Shackan Indian Band submitted a written argument and comments on NEB Draft Conditions. Shackan Indian Band provided an oral summary argument to the NEB. Details of Shackan Indian Band’s participation in the NEB hearing process are found in Appendix B.
Permits obtained through the NEB Pipeline Application and required by the Forest and Range Practices Act and the Water Sustainability Act will provide further opportunity for engagement with regards to concerns identified by Shackan Indian Band.
Shackan Indian Band is concerned that the amount of funding to engage in the NEB hearing was insufficient. As a result of the denial of capacity funding, Shackan Indian Band has incurred significant expenses to participate in a hearing for a project that will have significant adverse effects on Shackan Indian Band’s continued ability to exercise its constitutional rights and provide no benefits to Shackan Indian Band. Shackan Indian Band is concerned with the Board’s hearing process; with its tight timelines, limited oral hearings, lack of funding and absence of cross examination of Trans Mountain. Shackan Indian Band is concerned with the NEB’s decision that it would not consider the environmental consequences of either the upstream production or downstream use of the oil transported by the pipeline. This decision has significant implications for the validity of the environmental assessment undertaken and the justification of the Project under the CEAA, 2012. Shackan Indian Band is concerned with Trans Mountain’s statement that the Project is in the public interest and believes that Trans Mountain has not established that the Project is needed or is in fact in the public interest. It is Shackan Indian Band’s position that any economic benefits of increased upstream production should not be considered in determining whether the Project is in the public interest unless the environmental and other costs of such development are considered. Shackan Indian Band requests that the Board not recommend approval of the Project.
Trans Mountain asserts that concerns with the nature and scope of the NEB process cannot be addressed by Trans Mountain.
For further detail, refer to the Shackan Indian Band Issues Summary and Resolution Table included in Appendix H.
2.52 Shuswap Indian Band 2.52.1 Overview Shuswap Indian Band is an Aboriginal group identified by Trans Mountain as a community that has an interest in the Project or has Aboriginal interests potentially affected by the Project. As identified by the BC EAO in the Section 11 Order, Shuswap Indian Band is an Aboriginal group having asserted or determined Aboriginal rights, including title, and treaty rights. Shuswap Indian Band is a member of the Shuswap Nation Tribal Council.
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2.52.1.1 Shuswap Indian Band Traditional Territory Shuswap Indian Band has not provided a traditional territory map to Trans Mountain. Shuswap Nation Tribal Council, of which Shuswap Indian Band is a member, has provided the following traditional territory map to Trans Mountain.
Figure 2-60 Shuswap Nation Tribal Council Traditional Territory Page 2 - 266
Source: Simpcw GIS 2012
Trans Mountain Pipeline ULC Aboriginal Engagement Report Trans Mountain Expansion Project July 2016
The TMPL and proposed TMEP corridors transect the traditional territory of the Shuswap Nation Tribal Council. The following TMPL and proposed TMEP facilities are located within the asserted traditional territory of the Shuswap Nation Tribal Council, of which Shuswap Indian Band is a member:
• Jasper Station;
• Hargreaves Trap Site;
• Rearguard Station;
• Albreda Station;
• Chappel Station;
• Blue River Station;
• Finn Station;
• McMurphy Station;
• Blackpool Station;
• Darfield Station;
• Black Pines Station; and
• Kamloops Terminal.
Shuswap Indian Band has not expressed concerns regarding engagement, TLU, land and marine environment, socio-economic interests, spills, routing and construction, or regulatory processes.
The following section summarizes Shuswap Indian Band Issues Summary and Resolution Table. For further information, refer to the Issues Summary and Resolutions Table for Shuswap Indian Band included in Appendix H.
2.52.2 Engagement Activity Trans Mountain provided the Project notification letter to Shuswap Indian Band on May 29, 2012. Trans Mountain has continued to share Project information with Shuswap Indian Band and will continue to do so as the Project completes the regulatory review process and, if Project approvals are received, into the construction and operational phases of the Project.
For a detailed chronological summary of engagement with Shuswap Indian Band to date, refer to Volume 3B of the Facilities Application and Consultation Updates 1 through 4, submitted to the NEB as referenced in the Concordance Table for NEB Filings in Appendix D. Trans Mountain is committed to ongoing engagement with Shuswap Indian Band and in compliance with NEB Condition 96 and NEB Condition 146, Trans Mountain will report on it’s engagement activities with Shuswap Indian Band throughout construction and for each of the first five years after commencing operations.
2.52.3 Routing and Construction Shuswap Indian Band does not have an IR that is crossed by the TMPL corridor or the proposed TMEP corridor.
2.52.4 Regulatory Shuswap Indian Band did not participate in the NEB Hearing Process.
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2.53 Shxwha:y Village 2.53.1 Overview Shxwha:y Village is an Aboriginal group identified by Trans Mountain as a community that has an interest in the Project or has Aboriginal interests potentially affected by the Project. As identified by the BC EAO in the Section 11 Order, Shxwha:y Village is an Aboriginal group having asserted or determined Aboriginal rights, including title, and treaty rights. Shxwha:y Village is a member of the Stó:lō Nation, a First Nation of the Ts’elxweyeqw Tribe and is associated with the Sto:lo Collective. Shxwha:y Village has a long-standing relationship with KMC as the existing TMPL system runs through the Grass Reserve #15, in which members of Shxwha:y Village have an interest.
As outlined in filings with the NEB, Shxwha:y Village is a Stó:lō Band located west of the City of Chilliwack, BC and is a signatory member of the Framework Agreement on First Nation Land Management (Shxwha:y Village 2006). As of 2013, the total population of Shxwha:y Village was 390 people, of which 98 live on IRs and 292 live off IRs (AANDC 2013a). There are four Shxwha:y Village IRs (AANDC 2012).
An overview of the Shxwha:y Village is provided in Table 2.53-1.
TABLE 2.53-1
SHXWHA:Y VILLAGE – OVERVIEW
Band Population Tribal Affiliation Traditional Language Traditional Cultural Practices Total: 390 Unknown1 Hul’q’umi’num’/Halq’eméylem/ Winter Dance hən̓q̓əmin̓əm Mask Dance On IRs: 98 Regalia placement Cleansing/bathing Off IRs: 292 Fasting/sweat ceremony/burning for ancestors Weaving Carving Hunting Fishing Plant gathering Trapping Drying meat Tanning hides Drying fish Torch lighting Sources: AANDC 2013, KMC 2013, Ts’elxwéyeqw Tribe Management Limited et al. 2014 Note: 1 Data could not be found in desktop research or field notes.
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2.53.1.1 Shxwha:y Village Traditional Territory Figure 2-61 Shxwha:y Village Traditional Territory Page 2 - 269
Source: Ts’elxweyeqw Tribe Management Limited 2013
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The TMPL and proposed TMEP corridors transect the traditional territory of Shxwha:y Village. No TMPL or proposed TMEP facilities are located within Shxwha:y Village traditional territory.
The following section summarizes Shxwha:y Village Issues Summary and Resolution Table. For further detail, refer to the Shxwha:y Village Issues Summary and Resolution Table included in Appendix H.
2.53.2 Engagement Activity Trans Mountain provided the Project notification letter to Shxwha:y Village on May 29, 2012. Trans Mountain has continued to share Project information with Shxwha:y Village and will continue to do so as Project planning continues and if Project approvals are received, into the construction and operational phases of the Project.
For the purposes of the Project, including an ICA and a confidential CFA, Shxwha:y Village has chosen to be represented by Ts’elxweyeqw Tribe Management Limited. Though the study is on-going, a draft Indicator Report provides information regarding the subsistence and cultural activities that are practiced throughout Stó:lō asserted traditional territory. Site-specific TLU information was not provided in the draft Indicator Report. The following socio-cultural information was derived from the preliminary report, entitled Indicator Report for the ICA for the Proposed TMEP (Ts’elxwéyeqw Tribe Management Limited et al. 2013).
Through a series of meetings both in-person, over the phone and via e-mail, interests and concerns have been shared with Trans Mountain by Ts’elxweyeqw Tribe Management Limited, focusing on Aboriginal rights and title, environmental, socio-economic and community health and well-being. As reported in the filings with the NEB throughout the hearing process for the Project, preliminary interests were formally shared with Trans Mountain by Ts’elxweyeqw Tribe Management Limited on July 22, 2013. Interests focused on:
• potential effects of a spill on Ts’elxweyeqw Tribe Management Limited’s member Band’s traditional hunting, gathering, fishing and ceremonial sites and activities;
• increased marine traffic in Burrard Inlet and potential negative consequences;
• potential effects on recreation, cultural and traditional spiritual use sites;
• air and water quality;
• vegetation management and potential ground contamination;
• potential effects of a spill and spill response planning;
• pipeline integrity;
• effects to fish and fish habitat; and
• potential economic benefits for and impacts on Aboriginal people.
On March 6, 2013, Shxwha:y Village via Ts’elxweyeqw Tribe Management Limited, with Skwah First Nation and Kwaw-kwaw-apilt First Nation, and Trans Mountain executed a confidential CFA, which included funding to support Project engagement. Trans Mountain executed an ICA Agreement with Shxwha:y Village via Ts’elxweyeqw Tribe Management Limited, Skwah First Nation, Cheam First Nation, Kwaw-kwaw-apilt First Nation and Sumas First Nation, on July 26, 2013.
In response to the Draft Aboriginal Engagement Report shared with Shxwha:y Village and the Stó:lō Collective on May 18, 2016, Trans Mountain received a response from the Stó:lō Research and Resource Management Centre (SRRMC), providing clarification regarding the role of the Stó:lō Collective in it’s engagement with Trans Mountain. Trans Mountain acknowledged the information received and as a result, has updated this Report to ensure accuracy with reporting on the association of the Stó:lō Collective, the member nations of the Stó:lō Collective and engagement activities with Trans Mountain.
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As detailed in Section 3.4, The Stó:lō Collective submitted 89 recommendations to Trans Mountain with responses required. The Stó:lō Collective identified that the 89 recommendations could be broken down into six areas: Implementation of the Project; Fisheries; Forestry, Wetland and Vegetation; Socio-Cultural; Economic and Community Development; and Safety and Emergency Response.
Trans Mountain replied to Shxwha:y Village through the Stó:lō Collective Information Request No. 1.1a which responded to the 89 recommendations identified in the Stó:lō Collective ICA.
In response to the Stó:lō Collective Information Request No. 1.1a, Shxwha:y Village explained that many of the responses to the 89 recommendations were tautological references, a reference to another Information Request that was of little or no value, or a with vague and general statement. As included in Resolution #4, Trans Mountain is committed to ongoing engagement with the Stó:lō Collective to discuss the 89 recommendations and to schedule workshops as required to share additional information about the Project, including the EPP and Mitigation Plans, prior to construction.
Included with this Report is draft information in relation to the Stó:lō Collective. Trans Mountain is committed to continued engagement with the Stó:lō Collective; and to support the ability for the Stó:lō Collective to review and provide comment on the draft information, feedback will be collected in August 2016 and an Addendum will be filed with the BCEAO in September 2016.
For a detailed chronological summary of engagement with Shxwha:y Village and Ts’elxweyeqw Tribe Management Limited to date, refer to Volume 3B of the Facilities Application and Consultation Updates 1 through 4, submitted to the NEB as referenced in the Concordance Table for NEB Filings in Appendix D. Trans Mountain is committed to ongoing engagement with Shxwha:y Village and in compliance with NEB Condition 96 and NEB Condition 146, Trans Mountain will report on it’s engagement activities with Shxwha:y Village throughout construction and for each of the first five years after commencing operations.
2.53.3 TLU/TMU Shxwha:y Village is concerned with how Project plans have accommodated the Stó:lō Collective cultural heritage sites. In addition, Shxwha:y Village is concerned with effects the Project will have on Lightening Rock.
Trans Mountain replied to Shxwha:y Village through the Stó:lō Collective Information Request No. 2 which outlines how Trans Mountain has accommodated cultural heritage sites identified by the Stó:lō Collective.
In the event that previously unidentified archaeological, paleontological or historical/sacred sites are discovered during clearing or construction, the Proponent will implement measures outlined in the TLU Sites Discovery Contingency Plan, and/or the Heritage Resources Discovery Contingency Plan (Appendix B of Volume 6B) and no work at that particular location shall continue until permission is granted by the appropriate regulatory authority. Trans Mountain will also follow any conditions or recommendations identified in the permits for the Archaeological Impact Assessment for BC.
Condition 77 requires Trans Mountain to file with the NEB, at least 3 months prior to commencing construction between the Sumas Terminal and the Sumas Pump Station, a report of archaeological and cultural heritage field investigations undertaken to assess the potential impacts of the Project on the Lightening Rock site. As indicated in Resolution #3, Trans Mountain estimates that engagement regarding Condition 77 will commence in Q3/Q4 2016.
In response to the Stó:lō Collective Information Request No. 2, Shxwha:y Village continues to express concern that Trans Mountain consistently failed to consider issues relating to Stó:lō cultural site protection.
Trans Mountain is committed to ongoing engagement with the Stó:lō Collective to discuss the 89 recommendations and to schedule workshops as required to share additional information about the Project, including the EPP and Mitigation Plans, prior to construction.
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2.53.4 Land and/or Marine Environment Land and marine environment concerns were identified in the Stó:lō Collective ICA report, with Trans Mountain committed to discuss the 89 recommendations and to schedule workshops as required to share additional information about the Project, including the EPP and Mitigation Plans, prior to construction.
2.53.5 Socio-Economic Interests Socio-economic concerns were identified in the Stó:lō Collective ICA report, with Trans Mountain committed to discuss the 89 recommendations and to schedule workshops as required to share additional information about the Project, including the EPP and Mitigation Plans, prior to construction.
2.53.6 Spills Spill concerns were identified in the Stó:lō Collective ICA report, with Trans Mountain committed to discuss the 89 recommendations and to schedule workshops as required to share additional information about the Project, including the EPP and Mitigation Plans, prior to construction.
2.53.7 Routing and Construction Grass IR #15, in which Shxwha:y Village has an interest, is crossed by the existing TMPL on a 60 foot wide easement. The proposed TMEP corridor runs parallel to the border of the IR. Details regarding the IR crossed and total TMPL crossing distance are found in Table 2.53-2.
TABLE 2.53-2
SHXWHA:Y VILLAGE – IR CROSSING
Proposed TMEP Segment IR TMPL Segment Length (Line 1) Length (Line 2) Notes Grass #15 0.47 km of NPS 24 n/a Proposed TMEP corridor parallels the border of Grass #15.
Figure 2-62 depicts the TMPL corridor through Grass IR #15, and the proposed TMEP corridor adjacent to Grass IR #15.
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Figure 2-62 TMPL and Proposed TMEP Corridors Through and Adjacent to Grass IR #15 Page 2 - 273
Source: NRCan 2013
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2.53.8 Regulatory Shxwha:y Village participated in the NEB hearing process as a registered intervenor via the Stó:lō Collective. Shxwha:y Village, via Stó:lō Collective, submitted Information Requests to the NEB in the first and second rounds. Shxwha:y Village, via Stó:lō Collective, submitted evidence and a written argument to the NEB. Shxwha:y Village, via Stó:lō Collective, provided an oral summary argument to the NEB. Detail of Shxwha:y Village’s participation in the NEB hearing process, via Stó:lō Collective, are found in Appendix B.
Permits obtained through the NEB Pipeline Application and required by the Forest and Range Practices Act, the Heritage Conservation Act, and the Water Sustainability Act will provide further opportunity for engagement with regards to concerns identified by Shxwha:y Village.
During Final Arguments to the NEB, Shxwha:y Village expressed numerous concerns with the NEB process including the determination of significant adverse effects, the NEB’s decision to eliminate cross examination and the decision to shut down the ability of intervenors to add relevant and important evidence for a period of approximately seven months prior to written submissions.
Trans Mountain noted that concerns regarding the nature and scope of the NEB process cannot be addressed by them.
2.54 Shxw’ōw’hámel First Nation 2.54.1 Overview Shxw’ōw’hámel First Nation is an Aboriginal group identified by Trans Mountain as a community that has an interest in the Project or has Aboriginal interests potentially affected by the Project. As identified by the BC EAO in the Section 11 Order, Shxw’ōw’hámel First Nation is an Aboriginal group having asserted or determined Aboriginal rights, including title, and treaty rights. Shxw’ōw’hámel First Nation is a member of the Stó:lō Tribal Council, and is also an entity within the Tit Tribe. Shxw’ōw’hámel First Nation has a long- standing relationship with KMC as the existing TMPL system runs through the Ohamil Reserve #1, in which members of Shxw’ōw’hámel First Nation reside.
As outlined in filings with the NEB, the Shxw’ōw’hámel First Nation is a Stó:lō Band located approximately 13 km west of the District of Hope, BC along the TransCanada Highway. As a member of the Stó:lō Tribal Council, the Shxw’ōw’hámel First Nation has not been part of the Treaty Process (Stó:lō Tribal Council 2011). Shxw’ōwhámel in the Halq'eméylem language means “river levels and widens”, referring to the widening of the Fraser River west of Hope, BC. The traditional territory of Shxw’ōwhámel First Nation includes four watersheds: the Fraser River, Hunter Creek, Lorenzetta Creek and James Creek (Shxw’ōwhámel First Nation 2015).
As of 2013, the total population of Shxw’ōw’hámel First Nation was 184 people, of which 101 live on IRs and 83 live off IRs (AANDC 2013a). There are four Shxw’ōw’hámel First Nation IRs (AANDC 2012). The main IR and location of the Band headquarters is Ohamil IR #1 (AANDC 2012, Shxw’ōw’hámel First Nation 2012). Members of the Shxw’ōw’hámel First Nation obtain some services from the Seabird Island Band (Seabird Island Band 2013). Refer to Section 2.47 for information on the Seabird Island Band and associated IR and services.
An overview of the Shxw’ōw’hámel First Nation is provided in Table 2.54-1.
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TABLE 2.54-1
SHXW’ŌWHÁMEL FIRST NATION – OVERVIEW
Band Population Tribal Affiliation Traditional Language Traditional Cultural Practices Total: 184 Stó:lō Tribal Council Halq'eméylem (upriver dialect of Hunting Halkomelem) Fishing On IRs: 101 Gathering Regalia Off IRs: 83 Traditional drum making Sweat lodges Spirit dances Potlatches Sources: AANDC 2012, AANDC 2013a, FMPL 2013, KMC 2013b, Shxw’ōwhámel First Nation 2012, Statistics Canada 2012, Stó:lō Research and Resource Management Centre [SRRMC] 2015 Notes: - Certain information was sourced from Aboriginal community participation in Project-specific biophysical field studies and/or socio-economic interviews.
The results of Aboriginal engagement for the Project indicate that Shxw’ōw’hámel First Nation members harvest wild mushrooms for subsistence and for commercial sale (although the market has declined in recent years). Band members gather wild berry species such as huckleberries, raspberries, and soapberries for subsistence purposes. Trees are used for ceremonial purposes and to make snowshoes, hats, baskets and regalia. Other plants are dried and boiled to make teas which have medicinal properties. Wildlife, such as deer and fish are valued for subsistence and economic reasons, as Band members continue to hunt and fish for subsistence purposes.
Drum making is a traditional art form practiced by Shxw’ōw’hámel First Nation members to this day (Shxw’ōwhámel First Nation 2012), as is basket weaving. Traditional economic activities often occur alongside some level of seasonal wage employment. Traditional harvesting (i.e., hunting, fishing and gathering for subsistence purposes) continues to be an important element of livelihood and culture for Shxw’ōw’hámel First Nation members. Boxwood and mosses are collected for sale. Sweat lodges are used for ceremonial and healing purposes.
Key Project-related issues that have been raised by Shxw’ōwhámel First Nation during engagement include:
• opportunities for training for pump station employment and construction contracts, which will build employment capacity with the Band and develop transferable skills;
• concern that fish species harvested for subsistence purposes could be affected by construction;
• concern about spills, construction process and water contamination (resulting in health effects on fish collected for consumption);
• disruption to medicinal plants during construction; and
• concern that the Project may affect or affect access to sacred or ceremonial sites.
Other Project-related issues raised by Shxw’ōwhámel First Nation members identified in their written evidence (Shxw’ōwhámel First Nation 2015, SRRMC 2015) include:
• Shxw’ōwhámel First Nation members’ wellbeing (food, livelihood and health), which is tied to the health of the natural environment;
• increased development in Shxw’ōwhámel First Nation Territory would sever members’ ties with the land, resulting in the inability to transfer traditional knowledge;
• air pollution, noise, increased traffic and increased presence of non-members in Shxw’ōwhámel First Nation Territory;
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• Trans Mountain’s ability to respond to and mitigate damage of a spill in a timely manner;
• meaningful consultation with Shxw’ōwhámel First Nation;
• access to Shxw’ōwhámel First Nation fishing sites during construction;
• access to and safety of travel corridors, which could limit mobility and lead to short-term isolation and disconnect; and
• further development will limit Shxw’ōwhámel First Nation members’ ability to increase economic opportunities on their reserve land (as a result of impacts to the environment) as well as a loss of potential jobs and economic development (e.g., a planned gas bar).
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2.54.1.1 Shxw’ōw’hámel First Nation Traditional Territory Figure 2-63 Shxw’ōw’hámel First Nation Traditional Territory Page 2 - 277
Source: MARR 2012b
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The TMPL and proposed TMEP corridors transect the traditional territory of Shxw’ōw’hámel First Nation. The following TMPL and proposed TMEP facility is located within the traditional territory of Shxw’ōw’hámel First Nation:
• Hope Station.
The following section summarizes Shxw’ōw’hámel First Nation Issues Summary and Resolution Table. For further detail, refer to the Shxw’ōw’hámel First Nation Issues Summary and Resolution Table included in Appendix H.
2.54.2 Engagement Activity Trans Mountain provided the Project notification letter to Shxw’ōw’hámel First Nation on May 29, 2012. Trans Mountain has continued to share Project information with Shxw’ōw’hámel First Nation and will continue to do so as Project planning continues and if Project approvals are received, into the construction and operational phases of the Project.
Through a series of subsequent meetings both in-person, over the phone and via e-mail, Shxw’ōw’hámel First Nation interests and concerns have been discussed, including the potential for a MBA, potential environmental impacts of the Project, TLU, routing through Ohamil IR #1, and procurement, employment, and training opportunities with the Project. As reported in the filings with the NEB throughout the hearing process for the Project, preliminary interests were formally shared by Shxw’ōw’hámel First Nation in a letter to Trans Mountain on August 13, 2013. Interests focused on:
• potential effects of a spill on land, water, fish and Shxw’owhamel First Nation’s water supply;
• potential effects of a spill on Shxw’owhamel First Nation’s traditional hunting, gathering, fishing and ceremonial sites and activities;
• potential effects of the Project on salmon and water aquifers;
• increased marine traffic in Burrard Inlet;
• cumulative effects of the pipeline; and
• the impact on and potential destruction of culturally important historic pithouses and other archaeological sites within the proposed pipeline corridor.
On December 3, 2012, Shxw’ōw’hámel First Nation and Trans Mountain executed a confidential LOU, which included capacity funding to support Project engagement. Shxw’ōw’hámel First Nation and Trans Mountain executed a confidential Legacy Agreement on March 21, 2013. Amendments to the LOU were executed on August 19, 2013 and July 7, 2014. A confidential Agreement in Principle was executed with Shxw’ōw’hámel First Nation on March 25, 2015. On November 24, 2015, Shxw’ōw’hámel First Nation and Trans Mountain executed a confidential MBA. On December 18, 2015, Shxw’ōw’hámel First Nation filed a Letter of Support with the NEB.
For a detailed chronological summary of engagement with Shxw’ōw’hámel First Nation to date, refer to Volume 3B of the Facilities Application and Consultation Updates 1 through 4, submitted to the NEB as referenced in the Concordance Table for NEB Filings in Appendix D. Trans Mountain is committed to ongoing engagement with Shxw’ōw’hámel First Nation and in compliance with NEB Condition 96 and NEB Condition 146, Trans Mountain will report on it’s engagement activities with Shxw’ōw’hámel First Nation throughout construction and for each of the first five years after commencing operations.
2.54.3 TLU/TMU
Shxw’ōwhámel First Nation is concerned about cumulative effects to cultural resources. Shxw’ōwhámel First Nation is concerned about effects to TLU activities due to the Project including spiritual practice, hunting, fishing, trapping and gathering. Shxw’ōwhámel First Nation is concerned about the protection of camps, villages and burial sites in Ohamil IR #1, as well as the effect on historical trails and travelways in
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the Project Footprint. With construction scheduled during the fishing season and with remediation impacts, fishers are concerned there will be a loss of access to waterways, staging areas and fishing sites, leading to a loss of fish and impacting families and the community.
In response to Shxw’ōwhámel First Nation’s concern, Trans Mountain will implement a comprehensive suite of mitigation measures to reduce the effects of the Project on the TLU activities. Trans Mountain notes that although some of the residual effects are long-term, it does not preclude Shxw’ōwhámel First Nation from using the land for traditional subsistence purposes. Accordingly, Trans Mountain has facilitated TLU studies and TEK studies with Aboriginal communities to assist in assessing the potential effects of the Project on Aboriginal interests and generally inform the ESAs (see Section 7.0 of Volumes 5A and 5B of the Application).
In addition, NEB Condition 47 requires Trans Mountain to file with the NEB for approval, an Access Management Plan(s) to be included within the updated Facilities EPP and Pipeline EPP (required by NEB Conditions 72 and 78, respectively). Each plan must address issues related to soil, vegetation, fish and fish habitat, and wildlife and wildlife habitat. Each plan must also describe access control measures proposed to control both human and predator access during construction and operations. Consultation on NEB Condition 47 is estimated to commence with Aboriginal groups in August 2016. Additionally, NEB Condition 72, requires Trans Mountain to file with the NEB for approval, an updated Project-specific Pipeline EPP for the construction of the pipeline. The Plan will include Aboriginal Monitors who will work with the Environmental Inspectors and provide TEK to the construction program to ensure protection of the environment. Consultation on NEB Condition 72 with Aboriginal groups is estimated to commence in August 2016.
2.54.4 Land and/or Marine Environment Shxw’ōwhámel First Nation is concerned about effects on water quality and quantity including groundwater and drinking water of Hunter Creek, Lorenzetta Creek and Jones Creeks. Shxw’ōwhámel First Nation is concerned about effects on groundwater, particularly associated with Ohamil Information Request 1 and Peters Information Request 1 and Information Request 2. Shxw’ōwhámel First Nation is concerned about effects on fish and fish habitat. Shxw’ōwhámel First Nation is concerned about effects on riparian areas due to changing water temperatures, changing water morphology, increased erosion, withdrawal of water and dredging.
NEB Condition 78 requires Trans Mountain to file with the NEB for approval an updated Project-specific Facilities EPP. The Plan will include Aboriginal Monitors who will work with the Environmental Inspectors to provide TEK to inform the construction program to ensure protection of the environment. Consultation on NEB Condition 78 with Aboriginal groups is estimated to commence in August 2016. This will include reclamation plans and plans for monitoring water quality, wildlife and fish. In addition, NEB Condition 72 requires Trans Mountain to file with the NEB for approval an updated Project-specific Pipeline EPP. The Plan will include Aboriginal Monitors with who will work with the Environmental Inspectors to provide TEK to inform the construction program to ensure protection of the environment. Consultation on NEB Condition 72 with Aboriginal groups is estimated to commence in August 2016.
NEB Condition 43 requires Trans Mountain to file a watercourse crossing inventory with the NEB, at least 5 months prior to commencing any watercourse crossing construction activities, including a description of how Trans Mountain has taken available and applicable Aboriginal TLU and TEK into consideration in developing the watercourse crossing designs. Additionally, Trans Mountain will provide site-specific mitigation and habitat enhancement measures, for each non-trenchless watercourse crossing, to be used to minimize impacts on fish. In completing the work for this Condition, spawning surveys were completed at the appropriate sites. Additionally, NEB Condition 108 requires Trans Mountain to report on contingency watercourse crossings.
Shxw’ōwhámel First Nation is concerned about effects on wetlands from the Project.
In response to Shxw’ōwhámel First Nation’s concern, Trans Mountain stated that post-construction environmental monitoring of wetland function at wetlands along recent large pipeline projects have shown that mitigation measures implemented during construction, such as allowing for natural regeneration, will be successful. As part of its commitment to environmental protection, Trans Mountain will minimize potential
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adverse effects to wetlands by taking steps to expedite construction in and around wetlands, restore wetlands to their original configurations and contours, segregate topsoil during excavation, permanently stabilize upland areas near wetlands as soon as possible after backfilling, inspect the right-of-way periodically during and after construction, and repair any erosion control or restoration features until permanent revegetation is successfully completed.
In addition, NEB Condition 41 requires Trans Mountain to file with the NEB for approval, at least 5 months prior to commencing construction, a pre-construction Wetland Survey and Mitigation Plan.
Shxw’ōwhámel First Nation is concerned about effects on flora and fauna due to clearing activities on the right-of-way and loss of intact forested lands due to construction activities.
In response to Shxw’ōwhámel First Nation’s concern, Tran Mountain commits that timber harvesting, land clearing and debris disposal activities will be conducted according to provincial legislation or applicable agreements. Where present in non-forested areas, topsoil and root zone material will be salvaged to ensure that soil productivity is maintained. The width and depth of topsoil or strippings salvage will depend on land use, soil conditions, micro-topography, regulatory authority requests and grading requirements. Any salvaged topsoil or root zone material will be separated from spoil piles and stored along the construction right-of-way and at facility sites in low-profile berms or windrows. Equipment used during topsoil or root zone material handling activities will include bulldozers, graders and backhoes.
In addition, NEB Condition 40 requires Trans Mountain to file a Rare Ecological Community and Rare Plant Population Management Plan prior to construction and NEB Condition 76 requires Trans Mountain to file with the NEB for approval, an Old Growth Management Areas Mitigation and Replacement Plan. NEB Condition 45 requires Trans Mountain to file with the NEB for approval an updated Weed and Vegetation Management Plan for the Project.
Shxw’ōwhámel First Nation is concerned about effects on wildlife and wildlife habitat from the Project, including habitat fragmentation and animal displacement.
In response to Shxw’ōwhámel First Nation’s concern, Trans Mountain will reduce the effect of habitat fragmentation by aligning the proposed route parallel to, and contiguous with, existing linear features, and by minimizing the Project Footprint to the maximum extent feasible. A suite of mitigation measures will be implemented to reduce the potential effects of the Project on wildlife habitat, wildlife movement and mortality risk. Mitigation measures to reduce effects on habitat, limit barriers to movement, avoid attraction of wildlife to the work site, minimize sensory disturbance and protect site-specific habitat features of importance are discussed in Section 7.2.10 of the Project Application and in the Pipeline EPP (Volume 6B). Trans Mountain will also will facilitate wildlife movement during construction by ensuring that work is conducted expeditiously. By maintaining a tight construction spread, Trans Mountain will reduce both the duration of the open trench and potential barriers and hazards to wildlife.
In addition, NEB Condition 44 requires Trans Mountain to file with the NEB for approval, a Wildlife Species at Risk Mitigation Plans for each species whose draft, candidate, proposed, or final critical habitat is directly or indirectly affected by the Project. NEB Condition 47 requires Trans Mountain to file with the NEB for approval, at least 4 months prior to commencing construction, an Access Management Plan(s) to be included within the updated Facilities EPP and Pipeline EPP. Trans Mountain will consult with Aboriginal groups in advance of its filings in compliance with NEB Condition 47. Consultation on NEB Condition 47 is estimated to commence in August 2016. Trans Mountain will include rationale for the inclusion of information received from Aboriginal groups in its filing and will issue a response letter to Aboriginal groups with the same information at the time of filing, as per the Condition.
Shxw’ōwhámel First Nation is concerned about cumulative effects to the land and its resources including vegetation and aquatic.
In response to Shxw’ōwhámel First Nation’s concern, Trans Mountain conducted an evaluation of the significance of the Project’s contribution to cumulative effects was conducted for each indicator determined to have a likely combined residual effects associated with the Project. Furthermore, an evaluation of the significance of the Project’s contribution to cumulative effects was also conducted for each element where more than one likely cumulative effects may act in combination.
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2.54.5 Socio-Economic Interests Shxw’ōwhámel First Nation is concerned about effects to the transmission of traditional knowledge due to increased development in the region. In addition, Shxw’ōwhámel First Nation is concerned about effects to socio-economic, cultural and spiritual well-being as well as overall health of community members. Shxw’ōwhámel First Nation is concerned about effects on economic activities due to the Project.
NEB Condition 13 requires Trans Mountain to file a Socio-Economic Effects Monitoring Plan. Trans Mountain will consult with Aboriginal groups in advance of its filings in compliance with NEB Condition 13. Consultation on NEB Condition 13 is estimated to commence in August 2016. Trans Mountain will include rationale for the inclusion of information received from Aboriginal groups in its filing and will issue a response letter to Aboriginal groups with the same information at the time of filing as per the Condition. Shxw’ōwhámel First Nation was invited to attend a workshop in September 2015 to provide feedback on the development of the Socio-Economic Plan. Shxw’ōwhámel First Nation did not participate.
2.54.6 Spills Shxw’ōwhámel First Nation is concerned about loss of traditional water ways due to oil spills, particularly around the Shxw’ōwhámel and Peters Reserve areas where sturgeon are known to spawn and feed. Shxw’ōwhámel First Nation is concerned about the lack of an effective Emergency Response Plan (EMP) for the Project and that sufficient infrastructure be put in place to handle emergencies in a timely manner as well as community members being properly trained to manage such an emergency. Shxw’ōwhámel First Nation is concerned about the location of Ohamil IR #1 and the time it would take to evacuate the residents in the event of a pipeline rupture or spill. Shxw’ōwhámel First Nation is concerned that Trans Mountain’s Groundwater Report does not adequately capture damage in the event of a pipeline rupture or leak. Shxw’ōwhámel First Nation is concerned about effects on pipeline (Line 1 and Line 2) integrity from a natural disaster including landslides, seismic activity or flooding. Shxw’ōwhámel First Nation is concerned that Trans Mountain has indicated that at least one of the pipelines will be operated by slack line flow, which is a type of operation that can limit the effectiveness of leak detection systems. Shxw’ōwhámel First Nation is concerned that Trans Mountain has not sufficiently assessed an oil spill in fresh water or sediment-laden waters. Shxw’ōwhámel First Nation is concerned about effects of an oil spill on Kawkawa Lake. Shxw’ōwhámel First Nation is concerned that a land based spill or marine tanker spill would result in irreparable harm to the Fraser River and its inhabitants.
In response to the Shxw’ōwhámel First Nation’s concerns, Trans Mountain conducted site specific subsurface investigations for “high” and “moderate” liquefaction potential sites along the corridor and performed a phased approach on select sites in spring/summer 2015. In September 2015, Trans Mountain initiated Part III of its consultation program for the development of its enhanced EMP to meet the needs of the Project. Through one on one meetings and/or workshops, the consultation program maximizes the ability to gather expertise and input from Aboriginal groups; 133 Aboriginal groups have been identified as having interest in the Project along the proposed Project corridor. Each group has been, or will be, invited to participate in consultation regarding the enhanced EMP. In mid-2017, Trans Mountain will compile all input and feedback received from Aboriginal groups to draft the elements, plans and supplemental documents associated with the enhanced EMP. In 2018, Trans Mountain will conduct another series of regional workshops in each of the four KMC districts to present the enhanced draft EMP and identify how input and feedback gathered through consultation was considered and where appropriate, incorporated in the enhanced draft EMP. Aboriginal groups will have the opportunity to provide further feedback on the enhanced draft EMP prior to Trans Mountain filing its Emergency Response Plans with the NEB, in compliance with NEB Condition 125 and 126 at least 6 months prior to commencing operations. In compliance with Condition 117, Trans Mountain will report on improvements to the EMP at least two years and one year prior to commencing operations (estimated operations start date: December 2019).
In addition, NEB Condition 68 requires Trans Mountain to file with the NEB, a final report that identifies all sites on the new Line 2, delivery pipeline segments, transmission pipeline segments to be reactivated, and related facilities, that have “Very High,” “High,” and “Moderate” liquefaction-triggered ground movement potential, and that describes how the potential for liquefaction-triggered ground movement will be mitigated at each site. NEB Condition 69, requires Trans Mountain to file with the NEB, the results of fault-mapping studies that were ongoing during the OH-001-2014 proceeding, or undertaken after its conclusion, for use in the detailed design of the Project. This filing must include conclusions regarding possible seismic activity
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during the Holocene for Sumas Fault, Vedder Mountain Fault, Fraser River-Straight Creek Fault, and Rocky Mountain Trench, as well as other possible hidden faults.
NEB Condition 51 requires Trans Mountain to file with the NEB for approval, a field changes manual for geohazard mitigation. This manual must include:
• decision criteria for implementing mitigation for any geohazards identified during construction;
• specific criteria for implementing changes to the designs, grading, special materials, protective structures, increased burial depth, installation procedures, erosion mitigation measures, and monitoring; and
• details regarding the required qualifications of the field staff that will implement the manual.
In the event that an emergency occurs, KMC will invite the directly affected Aboriginal groups to participate in Unified Command to cooperatively develop and execute the incident action plans.
In the event of a seismic event, Trans Mountain the following measures will be implemented:
• suspend work immediately in the event of a seismic event;
• implement Trans Mountain’s Natural Hazards Management Program;
• further assessments will be conducted along the proposed pipeline corridor to assess site-specific seismic potential; and
• pump stations will be equipped with vibration monitoring equipment.
2.54.7 Routing and Construction Shxw’ōw’hámel First Nation Ohamil IR #1 is crossed by the TMPL within a 60 foot wide easement. The proposed TMEP corridor overlaps the existing easement; however, Trans Mountain proposes to install the TMEP proposed NPS 36 pipeline that will become Line 2 within the existing easement. Details regarding the IR crossed and length of existing TMPL that will become Line 1 and proposed length of Line 2 are found in Table 2.54-2.
TABLE 2.54-2
SHXW’OW’HAMEL FIRST NATION – IR CROSSING
Proposed TMEP Segment IR TMPL Segment Length (Line 1) Length (Line 2) Notes Ohamil #1 1.18 km of NPS 24 1.17 km of NPS 36 In a confidential MBA, TMEP has committed to trenchless crossing of archeological sites subject to geotechnical investigations confirming feasibility; in a confidential MBA, Shxw’ōwhámel First Nation has agreed to allow up to 25 m additional temporary workspace.
Figure 2-64 depicts the TMPL and proposed TMEP corridors through Ohamil IR #1.
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Figure 2-64 TMPL and Proposed TMEP Corridors Through Ohamil IR #1 Page 2 - 283
Source: NRCan 2013
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Ohamil IR #1 is currently operating under the First Nations Land Management Act, and has been since April 1, 2015. The Act allows signatory First Nations to manage their own lands by opting out of the 32 land related sections of the Indian Act.
Shxw’ōwhámel First Nation is concerned about increased access due to construction activities. Shxw’ōwhámel First Nation is concerned about restricted access to their lands from construction activities. In addition, Shxw’ōwhámel First Nation is concerned about unsafe conditions due to heavy traffic flow due to construction activities. Shxw’ōwhámel First Nation is concerned that construction of the Project would cause community members to relocate due to air and noise pollution as well as increased traffic and presence of non-members in their territory. Shxw’ōwhámel First Nation is concerned that the changes that are proposed to be constructed on Line 1 are not being adequately assessed by Trans Mountain and that Shxw’ōwhámel First Nation will not receive the pertinent information it needs to do a complete assessment of the Project.
In response to the Shxw’ōwhámel First Nation’s concerns, Trans Mountain will consult with Aboriginal groups in advance of filing its Access Management Plans. Consultation on the Access Management Plan is estimated to commence in August 2016. Trans Mountain will include rationale for the inclusion of information received from Aboriginal groups in its filing and will issue a response letter to Aboriginal groups with the same information at the time of filing.
2.54.8 Regulatory Shxw’ōw’hámel First Nation participated in the NEB hearing process as a registered intervenor. Shxw’ōw’hámel First Nation participated in the Aboriginal Oral Traditional Evidence Hearings, and provided Aboriginal oral evidence to the NEB on October 16, 2014 in Chilliwack, BC. Shxw’ōw’hámel First Nation submitted Information Requests to the NEB in the second round. Shxw’ōw’hámel First Nation submitted evidence to the NEB. As referenced above, on December 18, 2015, Shxw’ōw’hámel First Nation submitted a Letter of Support for the Project to the NEB. Details of Shxw’ōw’hámel First Nation’s participation in the NEB hearing process are found in Appendix B.
Permits obtained through the NEB Pipeline Application and required by the Forest and Range Practices Act, the Heritage Conservation Act, and the Water Sustainability Act will provide further opportunity for engagement with regards to concerns identified by Shxw’ōw’hámel First Nation.
2.55 Simpcw First Nation 2.55.1 Overview Simpcw First Nation is an Aboriginal group identified by Trans Mountain as a community that has an interest in the Project or has Aboriginal interests potentially affected by the Project. As identified by the BC EAO in the Section 11 Order, Simpcw First Nation is an Aboriginal group having asserted or determined Aboriginal rights, including title and treaty rights.
As outlined in filings with the NEB, Simpcw First Nation is a Shuswap Band located in the North Thompson Region of BC (Simpcw First Nation 2013) and is a member of the Shuswap Nation Tribal Council (Shuswap Nation Tribal Council 2013). As of 2013, the total population of Simpcw First Nation was 691 people, of which 246 live on IRs and 445 live off IRs (AANDC 2013a). There are five Simpcw First Nation IRs (AANDC 2012). The main IR and location of the Band headquarters is North Thompson IR #1 (AANDC 2012).
The asserted traditional territory of Simpcw First Nation extends from just north of McLure to the headwaters of the Fraser River near McBride, to Tête Jeune Cache, over to Jasper and south to the headwaters of the Athabasca River, and covers a land base of approximately 5 million hectares (Simpcw First Nation 2013). Mount Robson and Wells Gray Provincial Parks are both situated within Simpcw First Nation’s asserted traditional territory (Simpcw First Nation 2013).
An overview of the Simpcw First Nation is provided in Table 2.55-1.
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TABLE 2.55-1
SIMPCW FIRST NATION – OVERVIEW
Band Population Tribal Affiliation Traditional Language Traditional Cultural Practices Total: 691 Shuswap Nation Tribal Council Secwepemctsin (western dialect) Hunting, fishing, gathering, trade, drumming, singing On IRs: 246
Off IRs: 445 Sources: AANDC 2012, AANDC 2013a, FPLM 2013, KMC 2013b, Simpcw First Nation 2013
Simpcw First Nation is working towards economic sustainability and the teaching of values, tradition and language (Simpcw First Nation 2013). Salmon fishing continues to be an important element of livelihood and culture for Simpcw First Nation members (Simpcw First Nation 2013).
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2.55.1.1 Simpcw First Nation Traditional Territory Figure 2-65 Simpcw First Nation Traditional Territory Page 2 - 286
Source: Simpcw GIS 2012b
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The TMPL and proposed TMEP corridors transect the traditional territory of Simpcw First Nation. The following TMPL and proposed TMEP facilities are located within the traditional territory of Simpcw First Nation:
• Jasper Station;
• Hargreaves Trap Site;
• Rearguard Station;
• Albreda Station;
• Chappel Station;
• Blue River Station;
• Finn Station;
• McMurphy Station;
• Blackpool Station;
• Darfield Station; and
• Black Pines Station.
The following section summarizes Simpcw First Nation Issues Summary and Resolution Table. For further detail, refer to the Simpcw First Nation Issues Summary and Resolution Table included in Appendix H.
2.55.2 Engagement Activity Trans Mountain provided the Project notification letter to Simpcw First Nation on May 29, 2012. Trans Mountain has continued to share Project information with Simpcw First Nation and will continue to do so as Project planning continues and if Project approvals are received, into the construction and operational phases of the Project.
Through a series of subsequent meetings both in-person, over the phone and via e-mail, Simpcw First Nation interests and concerns have been shared with Trans Mountain, including the potential for a MBA, legacy agreements from the KMC Anchor Loop Project, and procurement, employment and training opportunities with TMEP.
Simpcw First Nation is concerned that the Crown’s duty to consult cannot be fulfilled through the NEB process. Simpcw First Nation believes that the overall approach is too fragmented and that there is a lack of coordination across government regarding the impact of the Project on their rights and title. Similarly, Simpcw First Nation is concerned that the the Project will impact their title lands and their ability to exercise their Aboriginal rights. Simpcw First Nation have stated that the Crown and Trans Mountain must obtain consent from Simpcw First Nation before the Project can proceed. Simpcw First Nation submits that meaningful consultation requires government-to-government discussion which does not occur through the NEB process. Simpcw Fist Nation cites NRCAN’s use of the Information Request process is an example of inappropriate consultation. A paper exchange of questions and comments does not constitute meaningful discussion. Simpcw First Nation is concerned that this process was unilaterally designed and implemented without consultation with Simpcw First Nation. The federal government has not, to date, engaged with Simpcw First Nation on an appropriate government-to-government level.
In response to Simpcw First Nation’s concerns, Trans Mountain noted it is unable to address Aboriginal rights and title infringement issues. However, Trans Mountain has offered to meet with Simpcw First Nation to address their concerns regarding the Project directly.
Simpcw First Nation agreed that Trans Mountain cannot address this issue and that it lies squarely with the government.
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On December 11, 2012, Simpcw First Nation and Trans Mountain executed a confidential CFA, which included funding to support Project engagement. A confidential Protocol Agreement was executed with Simpcw First Nation on February 3, 2015. On May 10, 2016, Simpcw First Nation and Trans Mountain executed a confidential MBA, and on May 25, 2016, Simpcw First Nation shared a Letter of Support for the Project with Trans Mountain.
For a detailed chronological summary of engagement with Simpcw First Nation to date, refer to Volume 3B of the Facilities Application and Consultation Updates 1 through 4, submitted to the NEB as referenced in the Concordance Table for NEB Filings in Appendix D. Trans Mountain is committed to ongoing engagement with Simpcw First Nation and in compliance with NEB Condition 96 and NEB Condition 146, Trans Mountain will report on it’s engagement activities with Simpcw First Nation throughout construction and for each of the first five years after commencing operations.
2.55.3 TLU/TMU Simpcw First Nation is concerned that as caribou hunting is already restricted as a result of the reductions to the caribou population from previous development, this Project may further reduce caribou populations and further restrict hunting. In particular, Simpcw First Nation is concerned that the Project will impact the mountain caribou, a BC “blue-listed” (vulnerable or sensitive) species. Currently, caribou populations are reduced as a result of development and habitat loss.
In response to Simpcw First Nation’s concern, NEB Condition 36 and 37 require Trans Mountain to file a Caribou Habitat Assessment and Caribou Habitat Restoration Plan prior to construction, respectively. In addition, NEB Condition 149 requires Trans Mountain to file a Caribou Habitat Restoration and Offset Measures Monitoring Program prior to construction.
NEB Condition 47 requires Trans Mountain to file with the NEB for approval, an Access Management Plan(s) to be included within the updated Facilities EPP and Pipeline EPP. Each plan must address issues related to soil, vegetation, fish and fish habitat, and wildlife and wildlife habitat. Each plan must also describe access control measures proposed to control both human and predator access during construction and operations. Consultation on NEB Condition 47 is estimated to commence with Aboriginal groups in August 2016. Additionally, NEB Condition 72 requires Trans Mountain to file with the NEB for approval an updated Project-specific Pipeline EPP for the construction of the pipeline. The plan will include Aboriginal Monitors who will work with the Environmental Inspectors to provide TEK to inform the construction program to ensure protection of the environment. Consultation on NEB Condition 72 with Aboriginal groups will occur in August 2016.
Simpcw First Nation is concerned about the effects that this Project will have on its use of plant resources. In particular, Simpcw First Nation is concerned about the effects of pesticides used on the right-of-way. Pesticides will affect the plants used for food and medicine, and will also affect the animals that eat the plants. Simpcw First Nation is concerned that effects from the Project will hinder their use of the land to collect medicines and heal their people.
In response to Simpcw First Nation’s concerns, Trans Mountain will utilize an Integrated Vegetation Management (IVM) approach to carry out problem vegetation management practices for the Project and to meet the overall objectives of IVM for all TMPLs and facilities.
In response to Trans Mountain’s resolution, Simpcw First Nation stated that the mitigation was not sufficient to address Simpcw First Nation’s concerns about the ability to exercise their Aboriginal rights. Simpcw First Nation also expressed that the proposed mitigation measures are a general approach or process that Trans Mountain is proposing to address general issues identified by First Nations. These mitigation measures do not address Simpcw First Nation’s specific concerns. Meaningful discussion around specific commitments and mitigations is required. Simpcw First Nation is currently in discussions with Trans Mountain on this issue.
NEB Condition 45 requires Trans Mountain to file a Weed and Vegetation Management Plan. Consultation on NEB Condition 45 with Aboriginal groups is estimated to commence in August 2016. In addition, NEB Condition 72 requires Trans Mountain to file with the NEB for approval, at least 3 months prior to commencing construction, an updated Project-specific Pipeline EPP for the construction of the pipeline.
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The Plan will include Aboriginal Monitors who will work with the Environmental Inspectors to provide TEK to inform the construction program to ensure protection of the environment. Consultation on NEB Condition 72 with Aboriginal groups is estimated to commence in August 2016. This will include reclamation plans and plans for monitoring water quality, wildlife and fish.
Simpcw First Nation is concerned that burial sites will be affected or disturbed by the Project. In addition, Simpcw First Nation is concerned about how archaeological work is conducted on their traditional territory, including that the work is conducted with appropriate Simpcw First Nation oversight and participation, that third parties are able to appropriately identify or recognize a Simpcw First Nation archaeological or cultural site, and that the appropriate process/protocol is followed once an archaeological or cultural site is discovered.
In response to Simpcw First Nation’s request, an environmental education program will be developed and implemented by Trans Mountain to ensure that all personnel working on Project construction are informed of the location of known sacred sites and burial sites. All sensitive resources will be identified on the Environmental Alignment Sheets and environmental tables. Sites identified within the immediate vicinity or the right-of-way will be clearly marked before the start of clearing.
In the event that previously unidentified archaeological, paleontological or historical/sacred sites are discovered during clearing or construction, the Proponent will implement measures outlined in the TLU Sites Discovery Contingency Plan and/or the Heritage Resources Discovery Contingency Plan and no work at that particular location shall continue until permission is granted by the appropriate regulatory authority. Trans Mountain will also follow any conditions or recommendations identified in the permits for the AIA in BC.
In addition, NEB Condition 12 requires Trans Mountain to file a Training and Education Monitoring Plan. TMU
In response to Trans Mountain’s resolution, Simpcw First Nation expressed that the mitigation measures that Trans Mountain is proposing to address common issues identified by First Nations are a generalized approach or process. In order to address Simpcw First Nation’s concerns, meaningful discussion is required to ensure that Simpcw First Nation has appropriate oversight and participation in all work conducted on Simpcw First Nation traditional territory and that Simpcw First Nation policies and protocols are respected and followed. Unilaterally developed and implemented environmental education programs and other plans are not sufficient. In addition, Simpcw First Nation requires Trans Mountain and the provincial government to recognize and adhere to Simpcw First Nation’s Cultural Heritage Policy with regard to any archaeological work conducted on Simpcw First Nation Territory. Ultimately, before any archaeological site is disturbed or removed, Simpcw First Nation must be notified immediately and Simpcw First Nation will determine how to proceed. Further, Simpcw First Nation must be involved in any work conducted on Simpcw First Nation Territory, requiring coordination between Simpcw First Nation and the provincial government.
Simpcw First Nation is concerned that the Project may cause increased access to Simpcw First Nation fishing, hunting, and harvesting areas. Simpcw First Nation is also concerned about the long-term adverse effects on their hunting rights as a result of lost habitat from rights-of-way, pump stations, transmission lines, increased predation through the right-of-way, wildlife displacement and pump station noise. Simpcw First Nation is concerned about the effects that the Project will have on their use of waterways. Simpcw First Nation is particularly concerned about Project effects to their fisheries as fish are a staple of their people and fishing is at the centre of their culture. Simpcw First Nation is concerned that removal of riparian vegetation will affect Simpcw First Nation fisheries.
In response to Simpcw First Nation concerns, Trans Mountain will implement a comprehensive suite of mitigation measures to reduce the effects of the Project on the environment. Trans Mountain notes that although some of the residual effects are long-term, it does not preclude Simpcw First Nation from using the land for traditional subsistence purposes. Accordingly, Trans Mountain has facilitated TLU studies and TEK studies with Aboriginal communities to assist in assessing the potential effect of the Project on Aboriginal interests and generally inform the ESAs.
Access will be managed in compliance with NEB Condition 47, where required, along the Project where new temporary and permanent access is created for the construction and operation of the pipeline.
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Mitigation measures are provided in the Traffic and Access Control Management Plan (Appendix C of Volume 6B).
NEB Condition 141 requires Trans Mountain to file with the NEB, within 3 months after commencing operations, the results of post-construction noise surveys conducted at the Sumas and Burnaby Terminals and at the Westridge Marine Terminal, demonstrating compliance with the BC OGC’s Noise Control Best Practices Guideline (2009) and any further mitigation that Trans Mountain will undertake to achieve compliance.
NEB Condition 43 requires Trans Mountain to file with the NEB, at least 5 months prior to commencing any watercourse crossing construction activities, including a description of how Trans Mountain has taken available and applicable Aboriginal TLU and TEK into consideration in developing the watercourse crossing designs. Additionally, Trans Mountain will provide site-specific mitigation and habitat enhancement measures for each non-trenchless watercourse crossing to be used to minimize impacts on fish. In completing the work for this Condition, spawning surveys were completed at the appropriate sites. NEB Condition 71 requires Trans Mountain to file a Riparian Habitat Management Plan. Consultation on NEB Condition 71 with Aboriginal groups is estimated to commence in August 2016.
Simpcw First Nation is concerned that the Project will affect cultural sites used in the transmission of knowledge to younger generations. In addition, Simpcw First Nation is concerned about Trans Mountain’s application to alter the boundaries of Finn Creek Park and North Thompson River Park. These parks are used by Simpcw First Nation to exercise their Aboriginal rights, there are important cultural sites within these parklands, and Simpcw First Nation use these lands to teach traditional practices to their youth. In response to Simpcw First Nation’s concerns, Trans Mountain will implement a comprehensive suite of mitigation measures to reduce the effects of the Project on the environment. Trans Mountain notes that although some of the residual effects are long-term, it does not preclude Simpcw First Nation from using the land for traditional subsistence purposes. Accordingly, Trans Mountain has facilitated TLU studies and TEK studies with Aboriginal communities to assist in assessing the potential effects of the Project on Aboriginal interests and generally inform the ESAs. 2.55.4 Land and/or Marine Environment Simpcw First Nation is concerned that this Project will affect the Simpcw First Nation’s responsibility to ensure that the environment is appropriately managed and protected. In addition, Simpcw First Nation is concerned about the effects on bird breeding and migration caused by noise and light disturbance at pump stations during night-time construction and operations.
In response to Simpcw First Nation’s concerns, NEB Condition 3 requires Trans Mountain to implement, all of the policies, practices, programs, mitigation measures, recommendations, and procedures for the protection of the environment it has submitted. In addition, NEB Condition 78 and 72 require Trans Mountain to file a Facilities EPP and a Pipeline EPP, respectively.
In response to Trans Mountain’s resolution and mitigation, Simpcw First Nation expressed that environmental effects are inevitable for this Project. Simpcw First Nation’s consent for the Project to proceed is contingent on Simpcw First Nation having an active and managerial role in ensuring environmental impacts are appropriately avoided and, where they cannot be, that they are appropriately mitigated and that reclamation is appropriately carried out. The proposed mitigation measures are general in nature and do not necessarily address Simpcw First Nation’s specific concerns. Simpcw First Nation is currently in discussions with Trans Mountain on this matter.
2.55.5 Socio-Economic Interests Simpcw First Nation is concerned that the Project will affect the traditional diet even more than what has already occurred from other development. The loss of a traditional diet is evident in the ill health of many Simpcw First Nation members.
In response to Simpcw First Nation’s concerns, NEB Condition 13 requires Trans Mountain to file a Socio-Economic Effects Monitoring Plan prior to construction. Trans Mountain will consult with Aboriginal groups in advance of its filings in compliance with NEB Condition 13 which addresses the issue.
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Consultation on NEB Condition 13 is estimated to commence in August 2016. Trans Mountain will include rationale for the inclusion of information received from Aboriginal groups in its filing and will issue a response letter to Aboriginal groups with the same information at the time of filing as per the Condition. Simpcw First Nation was invited to attend a workshop in September 2015 to provide feedback on the development of the Socio-Economic Plan. Simpcw First Nation did not participate. In response to Trans Mountain’s resolution, Simpcw First Nation noted that their consent for the Project to proceed is contingent on Simpcw First Nation having an active and managerial role in ensuring environmental impacts are appropriately avoided and, where they cannot be, that they are appropriately mitigated. In response to Trans Mountain’s resolution and mitigation, Simpcw First Nation still has concerns about altering the parks’ boundaries. Simpcw First Nation first contacted Minister Polak in April, 2014 requesting a meeting to discuss concerns on this issue. Minister Polak’s office has only recently agreed to a meeting, which is currently being scheduled. It is imperative that any and all decision-making with respect to parklands within Simpcw First Nation Territory are made jointly between the province and Simpcw First Nation. 2.55.6 Spills Simpcw First Nation is concerned about the negative effects of oil spills on Simpcw First Nation use of fish, animals and plants. Watercourse crossings are of particular significance due to the ecosystem’s vulnerability to oil spills, especially to diluted bitumen.
In addition, Simpcw First Nation is concerned about the following potential effects of spills on fish:
• release of deleterious substance into fish bearing watercourses;
• short-term impacts to water quality and potentially longer-term effects on sediment quality, which will result in decreased suitability for fish spawning-rearing habitat;
• potential fisheries closures due to contaminant levels, conservation concerns, or tainting;
• any animals within the vapour dispersion or effective radius caused by a release could be immediately harmed or killed; and
• short and long-term impacts on primary food source for fish during many life stages.
Simpcw First Nation is concerned about the following potential effects of spills on plants:
• covering leaf surfaces in oil and preventing photosynthesis from occurring;
• seepage of oil into soil, preventing plant uptake of important nutrients/water and resulting in decrease in live and total vegetation cover in affected area;
• species-specific impacts on the uptake of important nutrients;
• species-specific impacts caused by growth inhibition of seedlings/saplings;
• lateral dispersal of oil spills emphasized by rain; and
• long-term detrimental effects due to increased concentration of hydrocarbons in the soil leading to vegetation die-off years after the initial spill event.
Simpcw First Nation is concerned about the following potential effects of spills on birds:
• birds within the vapour dispersion or thermal radiation effective radius caused by a release could be immediately harmed or killed;
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• direct spray or indirect contact external contamination of feathers with oil; feathers absorb oil which cause them to lose critical water-repellency, insulation, and flight characteristics resulting in hypothermia, starving, or drowning;
• direct spray or indirect contact contamination of eggs with oil; oil is able to seep through egg shells and amounts as low as 1-10 ųL have been shown to be lethal to bird embryos; and
• ingestion of oil through preening or oil-contaminated food sources such as plants or insects; oil toxicity due to ingestion may affect the individual bird and also decrease fertility.
Simpcw First Nation is concerned about the following potential effects of spills on wildlife:
• animals within the vapour dispersion or thermal radiation effective radius caused by a release could be immediately harmed or killed;
• direct spray or indirect contact external contamination with oil; dermal contamination with oil can affect water-repellency and insulation characteristics; and
• ingestion of oil through preening/cleaning or oil-contaminated food sources such as plants, insects, or other animals; oil toxicity due to ingestion may affect the individual animal as well as decrease fertility.
In response to Simpcw First Nation’s concerns, Trans Mountain has stated that they have dedicated staff working to maintain the integrity of the pipeline through Trans Mountain’s maintenance, inspection and awareness programs. Trans Mountain takes a multi-layered approach to pipeline safety, including taking measures such as strategically placed pipeline valves near waterways and drilled river crossings at some locations. Trans Mountain control centre operators monitor the pipeline 24 hours per day, 7 days a week, 365 days a year using a sophisticated leak detection system as well as pressure and flow alarms. Operators are prepared to shut the pipeline down immediately if there is any indication of a potential problem on the pipeline. In the event of an emergency, Trans Mountain will immediately mobilize all of the necessary resources to minimize its effect on the public and the environment and invite the directly affected Aboriginal group(s) to participate in Unified Command to cooperatively develop and execute the incident action plans.
In compliance with NEB Condition 90, Trans Mountain will develop and file with the NEB a Consultation Plan that outlines how Trans Mountain has and intends to consult with Aboriginal groups on elements of the enhanced EMP. The plan will be filed at least 2 months prior to commencing construction (estimated construction start date: September 2017). In September 2015, Trans Mountain initiated Part III of its consultation program for the development of its enhanced EMP. The enhanced EMP will use the existing EMP as a foundation and be expanded to meet the needs of the proposed expansion Project. Through one on one meetings and/or workshops, the consultation program maximizes the ability to gather expertise and input from Aboriginal groups. Trans Mountain has identified 133 Aboriginal groups with an interest in the Project along the proposed Project corridor. Each group has been or will be invited to participate in consultation regarding the EMP. In mid-2017, Trans Mountain will compile all input and feedback received from Aboriginal groups to draft the elements, plans and supplemental documents associated with the enhanced EMP. In 2018, Trans Mountain will conduct another series of regional workshops in each of the four KMC districts to present the enhanced draft EMP and identify how input and feedback gathered through consultation was considered, and where appropriate, incorporated in the enhanced draft EMP. Aboriginal groups will have the opportunity to provide further feedback on the enhanced draft EMP prior to Trans Mountain filing its Emergency Response Plans with the NEB in compliance with NEB Condition 125 and 126 at least 6 months prior to commencing operations. In compliance with Condition 117, Trans Mountain will report on improvements to the EMP at least 2 years and 1 year prior to commencing operations (estimated operations start date: December 2019).
In response to Trans Mountain’s resolutions and mitigation, Simpcw First Nation believes while monitoring and spill response is an important aspect of mitigating the risk of an oil spill, these steps cannot fully address or accommodate the risk of a spill. Full compensation mechanisms are required to ensure that in the event of a leak or a spill, Simpcw First Nation is compensated for any losses. Simpcw First Nation requires a fully
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operating Emergency Response Center to enable Simpcw First Nation to respond to any emergency associated with the Project. Simpcw First Nation is currently in discussions with Trans Mountain.
2.55.7 Routing and Construction Simpcw First Nation does not have an IR that is crossed by the TMPL corridor or the proposed TMEP corridor.
Simpcw First Nation is concerned that potential adverse construction effects have been considered temporary because there is the potential for long-term or permanent effects to Simpcw First Nation land and resource use. For example, the pipeline corridor may adversely affect animal species that are deterred by linear developments (such as caribou) and invasive plant species can be introduced during various construction activities (including remediation).
In addition, Simpcw First Nation is concerned that construction (including brushing and clearing, grading, grubbing, trenching, stockpiling, and remediation) will have the following potential effects:
• destruction and removal of plants and trees;
• disturbance to wildlife migration, feeding and habitation;
• disruption of bird habitat and nesting;
• introduction of invasive species;
• release of sediment into fish bearing watercourses;
• release of deleterious substances into watercourses;
• replanting of invasive or less-useful plant species; and
• attraction of wildlife to browse resulting from replanting.
In addition to the EPPs mentioned in NEB Conditions 72 and 78, Access Management Plan(s) will be filed in compliance with NEB Condition 47. Each plan must address issues related to soil, vegetation, fish and fish habitat, and wildlife and wildlife habitat. Each plan must also describe access control measures proposed to control both human and predator access during construction and operations. Habitat connectivity will be restored by redistributing large-diameter slash (rollback) over select locations on the pipeline right-of-way to provide cover and facilitate movement of wildlife.
In response to Trans Mountain’s resolution and mitigation, Simpcw First Nation’s consent for the Project to proceed is contingent on Simpcw First Nation having an active and managerial role in ensuring environmental impacts are appropriately avoided and, where they cannot be, that they are appropriately mitigated. In addition, the proposed mitigation measures that Trans Mountain is proposing to address common issues identified by First Nations are generalized in approach or process. These mitigation measures do not address Simpcw First Nation’s specific concerns. Meaningful discussion around specific commitments and mitigations is required. Simpcw First Nation is currently in discussions with Trans Mountain on this issue.
2.55.8 Regulatory Simpcw First Nation participated in the NEB hearing process as a registered intervenor. Simpcw First Nation participated in the Aboriginal Oral Traditional Evidence Hearings and provided Aboriginal oral evidence to the NEB on November 19, 2014 in Kamloops, BC. Simpcw First Nation submitted Information Requests to the NEB in the first round. Simpcw First Nation submitted evidence to the NEB. As referenced above, on May 25, 2016, Simpcw First Nation filed a Letter of Support for the Project to the NEB. Details of Simpcw First Nation’s participation in the NEB hearing process are found in Appendix B.
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Simpcw First Nation is concerned that, as an intervenor, Simpcw First Nation was not allowed an opportunity to orally cross-examine Trans Mountain, yet both Trans Mountain and the NEB were able to ask questions of Simpcw First Nation based on their oral testimony.
In response to Simpcw First Nation, Trans Mountain noted that they cannot address concerns with the nature and scope of the NEB process.
Permits obtained through the NEB Pipeline Application and required by the Forest and Range Practices Act, the Heritage Conservation Act and the Water Sustainability Act will provide further opportunity for engagement with regards to concerns identified by Simpcw First Nation.
2.56 Siska Indian Band 2.56.1 Overview Siska Indian Band is an Aboriginal group identified by Trans Mountain as a community that has an interest in the Project or has Aboriginal interests potentially affected by the Project. As identified by the BC EAO in the Section 11 Order, Siska Indian Band is an Aboriginal group having asserted or determined Aboriginal rights, including title, and treaty rights. Siska Indian Band is a member of the Nicola Tribal Association.
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2.56.1.1 Siska Indian Band Traditional Territory Siska Indian Band has not provided a traditional territory map to Trans Mountain. The Nicola Tribal Association, of which Siska Indian Band is a member, has provided the following traditional territory map to Trans Mountain.
Figure 2-66 Nicola Tribal Association Traditional Territory Page 2 - 295
Source: Nicola Tribal Association 2013a
Trans Mountain Pipeline ULC Aboriginal Engagement Report Trans Mountain Expansion Project July 2016
The TMPL and proposed TMEP corridors transect the traditional territory of the Nicola Tribal Association. The following TMPL and proposed TMEP facilities are located within the asserted traditional territory of the Nicola Tribal Association, of which Siska Indian Band is a member:
• Kamloops Terminal;
• Stump Station;
• Kingsvale Station; and
• Hope Station.
Siska Indian Band has not expressed concerns regarding engagement, TLU, land and marine environment, socio-economic interests, spills, routing and construction, or regulatory processes.
The following section summarizes Siska Indian Band Issues Summary and Resolution Table. For further information, refer to the Issues Summary and Resolutions Table for Siska Indian Band included in Appendix H.
2.56.2 Engagement Activity Trans Mountain provided the Project notification letter to Siska Indian Band on May 29, 2012. Trans Mountain has continued to share Project information with Siska Indian Band and will continue to do so as the Project completes the regulatory review process and, if Project approvals are received, into the construction and operational phases of the Project.
On May 20, 2015, Trans Mountain executed a confidential LOU with Esh-kn-am Investments Joint Venture, a partnership between Siska Indian Band, Coldwater Indian Band, Nooaitch Indian Band, and Cook’s Ferry Indian Band, which included capacity funding to support Project engagement.
For a detailed chronological summary of engagement with Siska Indian Band to date, refer to Volume 3B of the Facilities Application and Consultation Updates 1 through 4, submitted to the NEB as referenced in the Concordance Table for NEB Filings in Appendix D. Trans Mountain is committed to ongoing engagement with Siska Indian Band and in compliance with NEB Condition 96 and NEB Condition 146, Trans Mountain will report on it’s engagement activities with Siska Indian Band throughout construction and for each of the first five years after commencing operations.
2.56.3 Routing and Construction Siska Indian Band does not have an IR that is crossed by the TMPL corridor or the proposed TMEP corridor.
2.56.4 Regulatory Siska Indian Band did not participate in the NEB Hearing Process.
2.57 Skawahlook First Nation 2.57.1 Overview Skawahlook First Nation is an Aboriginal group identified by Trans Mountain as a community that has an interest in the Project or has Aboriginal interests potentially affected by the Project. As identified by the BC EAO in the Section 11 Order, Skawahlook First Nation is an Aboriginal group having asserted or determined Aboriginal rights, including title, and treaty rights. Skawahlook First Nation is a member of the Stó:lō Nation and the Stó:lō Xwexwilmexw Treaty Association, and is associated with the Sto:lo Collective.
2.57.1.1 Skawahlook First Nation Traditional Territory Skawahlook First Nation has not provided a traditional territory map to Trans Mountain. The Stó:lō Collective of which Skawahlook First Nation is a member, has confirmed the following traditional territory map is accurate for use.
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Figure 2-67 S’ólh Téméxw (Stó:lō Traditional Territory) Page 2 - 297
Source: AANDC 2013b
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The TMPL and proposed TMEP corridors transect the traditional territory of the Stó:lō Xwexwilmexw Treaty Association. The following TMPL and proposed TMEP facilities are located within the traditional territory of the Stó:lō Xwexwilmexw Treaty Association, of which Skawahlook First Nation is a member:
• Hope Station;
• Wahleach Station;
• Sumas Station;
• Sumas Terminal;
• Border Traps;
• Pork Kells Station;
• Burnaby Terminal; and
• Westridge Marine Terminal.
The following section summarizes Skawahlook First Nation Issues Summary and Resolution Table. For further detail, refer to the Skawahlook First Nation Issues Summary and Resolution Table included in Appendix H.
2.57.2 Engagement Activity Trans Mountain provided the Project notification letter to Skawahlook First Nation on May 29, 2012. Trans Mountain has continued to share Project information with Skawahlook First Nation and will continue to do so as Project planning continues and, if Project approvals are received, into the construction and operational phases of the Project.
In response to the Draft Aboriginal Engagement Report shared with Skawahlook First Nation and the Stó:lō Collective on May 18, 2016, Trans Mountain received a response from the Stó:lō Research and Resource Management Centre (SRRMC), providing clarification regarding the role of the Stó:lō Collective in it’s engagement with Trans Mountain. Trans Mountain acknowledged the information received and as a result, has updated this Report to ensure accuracy with reporting on the association of the Stó:lō Collective, the member nations of the Stó:lō Collective and engagement activities with Trans Mountain.
As detailed in Section 3.4, The Stó:lō Collective submitted 89 recommendations to Trans Mountain with responses required. The Stó:lō Collective identified that the 89 recommendations could be broken down into six areas: Implementation of the Project; Fisheries; Forestry, Wetland and Vegetation; Socio-Cultural; Economic and Community Development; and Safety and Emergency Response.
Trans Mountain replied to Skawahlook First Nation through the Stó:lō Collective Information Request No. 1.1a which responded to the 89 recommendations identified in the Stó:lō Collective ICA.
In response to the Stó:lō Collective Information Request No. 1.1a, Skawahlook First Nation explained that many of the responses to the 89 recommendations were tautological references, a reference to another Information Request that was of little or no value, or with vague and general statement. As included in Resolution #4, Trans Mountain is committed to ongoing engagement with the Stó:lō Collective to discuss the 89 recommendations and to schedule workshops as required to share additional information about the Project, including the EPP and Mitigation Plans, prior to construction.
Included with this Report is draft information in relation to the Stó:lō Collective. Trans Mountain is committed to continued engagement with the Stó:lō Collective; and to support the ability for the Stó:lō Collective to review and provide comment on the draft information, feedback will be collected in August 2016 and an Addendum will be filed with the BCEAO in September 2016
For a detailed chronological summary of engagement with Skawahlook First Nation to date, refer to Volume 3B of the Facilities Application and Consultation Updates 1 through 4, submitted to the NEB as referenced
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in the Concordance Table for NEB Filings in Appendix D. Trans Mountain is committed to ongoing engagement with Skawahlook First Nation and in compliance with NEB Condition 96 and NEB Condition 146, Trans Mountain will report on it’s engagement activities with Skawahlook First Nation throughout construction and for each of the first five years after commencing operations.
2.57.3 TLU/TMU Skawahlook First Nation is concerned with how Project plans have accommodated the Stó:lō Collective cultural heritage sites. In addition, Skawahlook First Nation is concerned with effects the Project will have on Lightening Rock.
Trans Mountain replied to Skawahlook First Nation through the Stó:lō Collective Information Request No. 2 which outlines how Trans Mountain has accommodated cultural heritage sites identified by the Stó:lō Collective.
In the event that previously unidentified archaeological, paleontological or historical/sacred sites are discovered during clearing or construction, the Proponent will implement measures outlined in the TLU Sites Discovery Contingency Plan, and/or the Heritage Resources Discovery Contingency Plan (Appendix B of Volume 6B) and no work at that particular location shall continue until permission is granted by the appropriate regulatory authority. Trans Mountain will also follow any conditions or recommendations identified in the permits for the Archaeological Impact Assessment for BC.
Condition 77 requires Trans Mountain to file with the NEB, at least 3 months prior to commencing construction between the Sumas Terminal and the Sumas Pump Station, a report of archaeological and cultural heritage field investigations undertaken to assess the potential impacts of the Project on the Lightening Rock site. As indicated in Resolution #3, Trans Mountain estimates that engagement regarding Condition 77 will commence in Q3/Q4 2016.
In response to the Stó:lō Collective Information Request No. 2, Skawahlook First Nation continues to express concern that Trans Mountain consistently failed to consider issues relating to Stó:lō cultural site protection.
Trans Mountain is committed to ongoing engagement with the Stó:lō Collective to discuss the 89 recommendations and to schedule workshops as required to share additional information about the Project, including the EPP and Mitigation Plans, prior to construction.
2.57.4 Land and/or Marine Environment Land and marine environment concerns were identified in the Stó:lō Collective ICA report, with Trans Mountain committed to discuss the 89 recommendations and to schedule workshops as required to share additional information about the Project, including the EPP and Mitigation Plans, prior to construction.
2.57.5 Socio-Economic Interests Socio-economic concerns were identified in the Stó:lō Collective ICA Report, with Trans Mountain committed to discuss the 89 recommendations and to schedule workshops as required to share additional information about the Project, including the EPP and Mitigation Plans, prior to construction.
2.57.6 Spills Spill concerns were identified in the Stó:lō Collective ICA report, with Trans Mountain committed to discuss the 89 recommendations and to schedule workshops as required to share additional information about the Project, including the EPP and Mitigation Plans, prior to construction.
2.57.7 Routing and Construction Skawahlook First Nation does not have an IR that is crossed by the TMPL corridor or the proposed TMEP corridor.
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2.57.8 Regulatory Skawahlook First Nation participated in the NEB hearing process as a registered intervenor via the Stó:lō Collective. Skawahlook First Nation, via Stó:lō Collective, submitted Information Requests to the NEB in the first and second rounds. Skawahlook First Nation, via Stó:lō Collective, submitted evidence and a written argument to the NEB. Skawahlook First Nation, via Stó:lō Collective, provided an oral summary argument to the NEB. Detail of Skawahlook First Nation’s participation in the NEB hearing process, via Stó:lō Collective, are found in Appendix B.
Permits obtained through the NEB Pipeline Application and required by the Forest and Range Practices Act, the Heritage Conservation Act, and the Water Sustainability Act will provide further opportunity for engagement with regards to concerns identified by Skawahlook First Nation.
During Final Arguments to the NEB, Skawahlook First Nation expressed numerous concerns with the NEB process including the determination of significant adverse effects, the NEB’s decision to eliminate cross examination and the decision to shut down the ability of intervenors to add relevant and important evidence for a period of approximately seven months prior to written submissions.
Trans Mountain noted that concerns regarding the nature and scope of the NEB process cannot be addressed by them.
2.58 Skeetchestn Indian Band 2.58.1 Overview Skeetchestn Indian Band is an Aboriginal group identified by Trans Mountain as a community that has an interest in the Project or has Aboriginal interests potentially affected by the Project. As identified by the BC EAO in the Section 11 Order, Skeetchestn Indian Band is an Aboriginal group having asserted or determined Aboriginal rights, including title and treaty rights. Skeetchestn Indian Band is a member of the governing entity Stk’emlupsemc te Secwepemc Nation and they work together with Tk’emlups te Secwepemc (Kamloops Indian Band) on projects such as Trans Mountain where there is shared territory. Skeetchestn Indian Band is also a member of the Shuswap Nation Tribal Council.
As outlined in filings with the NEB, Skeetchestn Indian Band is a Shuswap Band located in the Deadman’s Creek and Thompson River area of BC (Shuswap Nation Tribal Council 2012). As of 2013, the total population of Skeetchestn Indian Band was 525 people, of which 247 live on IRs and 278 live off IRs (AANDC 2013a). There are four Skeetchestn Indian Band IRs (AANDC 2012). The main IR and location of the Band headquarters is Skeetchestn (AANDC 2012). The four IRs cover a total of 7,969 hectares (Shuswap Nation Tribal Council 2012).
An overview of Skeetchestn Indian Band is provided in Table 2.58-1.
TABLE 2.58-1
SKEETCHESTN INDIAN BAND – OVERVIEW
Band Population Tribal Affiliation Traditional Language Traditional Cultural Practices Total: 525 Shuswap Nation Tribal Council Secwepemctsin Rodeos Pow-wows On IRs: 247 Social and spiritual gatherings Fishing Off IRs: 278 Hunting Traditional games Sources: AANDC 2012, AANDC 2013a, FPLM 2013, KMC 2013b, Skeetchestn Indian Band 2013
Traditional activities including fishing, hunting (including traditional hunting camp for youth at Marshy Lake), lahal (traditional game), pow-wows and plant gathering (60–70 plant species) for subsistence purposes continue to be an important element of livelihood and culture for Skeetchestn Indian Band members (Skeetchestn Indian Band 2013).
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2.58.1.1 Skeetchestn Indian Band Traditional Territory Figure 2-67 Skeetchestn Indian Band Traditional Territory Page 2 - 301
Source: MARR 2012c
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The TMPL and proposed TMEP corridors transect the traditional territory of Skeetchestn Indian Band. The following TMPL and proposed TMEP facilities are located within the traditional territory of Skeetchestn Indian Band:
• Black Pines Station; and
• Kamloops Terminal.
The following section summarizes Skeetchestn Indian Band Issues Summary and Resolution Table. For further detail, refer to the Skeetchestn Indian Band Issues Summary and Resolution Table included in Appendix H.
2.58.2 Engagement Activity Trans Mountain provided the Project notification letter to Skeetchestn Indian Band on May 29, 2012. Trans Mountain has continued to share Project information with Skeetchestn Indian Band and will continue to do so as Project planning continues and if Project approvals are received, into the construction and operational phases of the Project.
After a series of subsequent meetings both in-person, over the phone and via e-mail, Trans Mountain received notice from Skeetchestn Indian Band on May 15, 2013 that Skeetchestn Indian Band was assigning Stk’emlupsemc te Secwepemc Nation as its designate in dealings with Trans Mountain. Refer to Section 3.4 for details regarding Trans Mountain’s engagement with Stk’emlupsemc te Secwepemc Nation.
Skeetchestn Indian Band has expressed concern that Trans Mountain is infringing on its Aboriginal rights and that the Crown’s consultation with Skeetchestn Indian Band is inadequate. In addition, Skeetchestn Indian Band is concerned about the potential effects that an oil spill would have on its Aboriginal rights and title.
In response to Skeetchestn Indian Band’s concerns, Trans Mountain has noted that they are not able to address concerns with the Crown consultation process and not able to address Aboriginal rights and title infringement issues.
In response to Trans Mountain, Skeetchestn Indian Band recommends that the NEB not justify the approval of the Project and that a Cultural Heritage Study be completed in order to fully understand the potential effects of the Project on rights and title. Funding and an appropriate amount of time, including all four seasons, must be made available to Skeetchestn Indian Band. Tk’emlups te Secwépemc Nation also informed Trans Mountain that they are conducting a joint third-party Cultural Heritage Study with Skeetchestn Indian Band. Additional TLU information was received and filed as evidence with the NEB on May 27, 2015.
Skeetchestn Indian Band is concerned regarding engagement.
NEB Condition 96 requires Trans Mountain to report on engagement activities with Aboriginal groups during the construction phase and NEB Condition 139 requires Trans Mountain to report on engagement activities with Aboriginal groups during operations.
For a detailed chronological summary of engagement with Skeetchestn Indian Band to date, refer to Volume 3B of the Facilities Application and Consultation Updates 1 through 4, submitted to the NEB as referenced in the Concordance Table for NEB Filings in Appendix D. Trans Mountain is committed to ongoing engagement with Skeetchestn Indian Band and in compliance with NEB Condition 96 and NEB Condition 146, Trans Mountain will report on it’s engagement activities with Skeetchestn Indian Band throughout construction and for each of the first five years after commencing operations.
2.58.3 TLU/TMU Skeetchestn Indian Band is concerned about potential effects to provincially red and blue listed animal species found in the Project area that Skeetchestn Indian Band uses for ceremonial and spiritual purposes as well as for food, medicine, ecological indicators, clothing, stories and trade. In addition, Skeetchestn Indian Band is concerned about potential effects to provincially blue and red-listed plant species that
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Skeetchestn Indian Band uses for medicine, food, clothing, technological uses, structures and ceremonial purposes. Skeetchestn Indian Band is also concerned about potential effects of the Project on Columbian Sharp-tailed grouse habitat, a food source for Skeetchestn Indian Band and also used for ceremonial purposes.
In response to the Skeetchestn Indian Band’s concerns, Trans Mountain indicated that a number of Conditions referencing monitoring programs will be included in the EPP (e.g., NEB Condition 37, Caribou Habitat Restoration Plan, NEB Condition 44,Wildlife Species at Risk Mitigation, NEB Condition 56, Grizzly Bear Mitigation Plan, NEB Condition 40, Rare Ecological Community and Rare Plant Population Management Plan, NEB Condition 41, Wetland Survey and Mitigation Plan, NEB Condition 45, Weed and Vegetation Management Plan, NEB Condition 71, Riparian Habitat Management Plan and NEB Condition 42, Grasslands Survey and Mitigation Plan), and is estimated to commence in August 2016.
Skeetchestn Indian Band is concerned about effects to TLU from Project activities.
In response to Skeetchestn Indian Band’s concern, Trans Mountain will implement a comprehensive suite of mitigation measures to reduce the effects of the Project on the environment. Trans Mountain notes that although some of the residual effects are long-term, it does not preclude the Skeetchestn Indian Band from using the land for traditional subsistence purposes. Accordingly, Trans Mountain has facilitated TLU studies and TEK studies with Aboriginal communities to assist in assessing the potential effects of the Project on Aboriginal interests and generally inform the ESAs.
In addition, NEB Condition 47 requires Trans Mountain to file with the NEB for approval, an Access Management Plan(s) to be included within the updated Facilities EPP and Pipeline EPP (required by NEB Conditions 72 and 78, respectively). Each plan must address issues related to soil, vegetation, fish and fish habitat, and wildlife and wildlife habitat. Each plan must also describe access control measures proposed to control both human and predator access during construction and operations. Consultation on NEB Condition 47 is estimated to commence with Aboriginal groups in August 2016. Additionally, NEB Condition 72, requires Trans Mountain to file with the NEB for approval, an updated Project-specific Pipeline EPP for the construction of the pipeline. The Plan will include Aboriginal Monitors who will work with the Environmental Inspectors to provide TEK to the construction program to ensure protection of the environment. Consultation on NEB Condition 72 with Aboriginal groups will occur in August2016.
Skeetchestn Indian Band is concerned the project will result in cumulative effects to sacred areas from the Project.
In response to Skeetchestn Indian Band’s concern, Trans Mountain conducted an evaluation of the significance of the Project’s contribution to cumulative effects was conducted for each indicator determined to have a likely combined residual effect associated with the Project. An evaluation of the significance of the Project’s contribution to cumulative effects was also conducted for each element where more than one likely cumulative effect may act in combination. In addition, Trans Mountain will develop and implement an environmental education program to ensure that all personnel working on the construction of the Project are informed of the location of known sacred sites and burial sites. All sensitive resources identified on the Environmental Alignments Sheets and environmental tables within the immediate vicinity or the right-of-way will be clearly marked before the start of clearing. In the event that previously unidentified archaeological, paleontological or historical/sacred sites are discovered during clearing or construction, the Trans Mountain will implement measures outlined in the TLU Sites Discovery Contingency Plan, and/or the Heritage Resources Discovery Contingency Plan and no work at that particular location shall continue until permission is granted by the appropriate regulatory authority. Trans Mountain will also follow any conditions or recommendations identified in the permits for the HRIA for Alberta and AIA for BC.
2.58.4 Land and/or Marine Environment Skeetchestn Indian Band is concerned about effects and cumulative effects in the Jacko Lake and Peterson Creek Watersheds and in the Lac du Bois Grasslands Protected Area.
In response to Skeetchestn Indian Band’s concerns, Trans Mountain conducted an evaluation of the significance of the Project’s contribution to cumulative effects for each indicator determined to have a likely combined residual effect associated with the Project. An evaluation of the significance of the Project’s
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contribution to cumulative effects was also conducted for each element where more than one likely cumulative effect may act in combination. In addition, Trans Mountain asserts WQM activities can be designed to detect elevated levels of turbidity and/or TSS resulting from instream or trenchless construction activities. Factors considered when determining the most appropriate monitoring activities can vary among types of works to occur, however, commonly include a consideration of materials used, existing conditions at and adjacent to a work site, timing of construction, and the presence and sensitivity of fish species present in the vicinity.
Trans Mountain is not currently anticipating any serious harm to fish in watercourses and therefore has not initiated any action on this task. However, under Project Commitment 266, should the potential for serious harm to fish that are part of, or support a commercial, recreational, or Aboriginal fishery unless authorized by DFO be confirmed either during the self-assessment or upon NEB or DFO review, Trans Mountain will develop an appropriate Offset Plan.
NEB Condition 71 requires Trans Mountain to file with the NEB for approval, a Riparian Habitat Management Plan for any riparian areas that will be effected by Project construction. Consultation on NEB Condition 71 is estimated to commence with Aboriginal groups in August 2016. NEB Condition 43 requires Trans Mountain to file with the NEB, at least 5 months prior to commencing any watercourse crossing construction activities, including a description of how Trans Mountain has taken available and applicable Aboriginal TLU and TEK into consideration in developing the watercourse crossing designs. In addition, Trans Mountain will provide site-specific mitigation and habitat enhancement measures for each non- trenchless watercourse crossing to be used to minimize impacts on fish. In completing the work for this Condition, spawning surveys were completed at the appropriate sites.
Skeetchestn Indian Band is concerned about moose and mule deer habitat loss, fragmentation of winter range habitat, disturbance of important seasonal ranges, road access, sensory disturbance, increased hunting by humans, and predators and wildlife road mortality rates. In addition, Skeetchestn Indian Band is concerned about declining wildlife populations, wildlife displacement, interruption of migratory routes, and degraded wildlife and wildlife habitat due to increasing development in the region and increased access. Skeetchestn Indian Band is concerned about the potential effects of the Project on rainbow trout and Coho salmon for food, recreation and cultural purposes. Skeetchestn Indian Band is concerned about the potential effects to riparian zones, such as vegetation removal or degradation, erosion and sedimentation and the introduction of harmful substances in watercourses (e.g., fuel, concrete, lubricants, wood waste, solvents, road run-off) and disruption of watercourses due to the open-cut method for pipeline placement.
In response to Skeetchestn Indian Band’s concerns, Trans Mountain asserts the effects of habitat fragmentation will be reduced by alignment of the proposed route parallel to, and contiguous with, existing linear features, and by minimizing the Project Footprint to the maximum extent feasible. A suite of mitigation measures will be implemented to reduce the potential effects of the Project on wildlife habitat, wildlife movement and mortality risk. Mitigation measures to reduce effects on habitat, limit barriers to movement, avoid attraction of wildlife to the work site, minimize sensory disturbance and protect site-specific habitat features of importance are discussed in Section 7.2.10 of the Project Application and in the Pipeline EPP (Volume 6B). Trans Mountain will facilitate wildlife movement during construction by ensuring that work is conducted expeditiously. By maintaining a tight construction spread, Trans Mountain will reduce both the duration of the open trench and potential barriers and hazards to wildlife.
In addition, NEB Condition 44 requires Trans Mountain to file with the NEB for approval, at least four months prior to commencing construction, Wildlife Species at Risk Mitigation Plans for each species whose draft, candidate, proposed, or final critical habitat is directly or indirectly affected by the Project. NEB Condition 47 requires Trans Mountain to file with the NEB for approval, at least four months prior to commencing construction, an Access Management Plan(s) to be included within the updated Facilities EPP and Pipeline EPP (required by NEB Conditions 72 and 78, respectively). Each plan must address issues related to soil, vegetation, fish and fish habitat, and wildlife and wildlife habitat. Each plan must also describe access control measures proposed to control both human and predator access during construction and operations. Consultation on NEB Condition 71 is estimated to commence with Aboriginal groups in August 2016.
Skeetchestn Indian Band is concerned about decreased access to Skeetchestn Indian Band lands as a result of access restrictions due to the Project.
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NEB Condition 47 requires Trans Mountain to file with the NEB for approval, at least four months prior to commencing construction, an Access Management Plan(s) to be included within the updated Facilities EPP and Pipeline EPP (required by NEB Conditions 72 and 78, respectively). Each plan must address issues related to soil, vegetation, fish and fish habitat, and wildlife and wildlife habitat. Each plan must also describe access control measures proposed to control both human and predator access during construction and operations. Consultation on NEB Condition 47 is estimated to commence with Aboriginal groups in August 2016.
Skeetchestn Indian Band is concerned about the introduction of invasive weed species from the Project.
To address Skeetchestn Indian Band’s concern NEB Condition 45 requires Trans Mountain to include criteria describing when and where problem vegetation will be managed for each Project phase, including pre-construction, construction, post-construction, and operations and management procedures and a decision-making framework for selecting the appropriate treatment measures, including how Aboriginal group’s concerns and potential adverse effects of treatment measures will be considered. Consultation on NEB Condition 45 is estimated to commence with Aboriginal groups in August 2016.
2.58.5 Socio-Economic Interests Skeetchestn Indian Band is concerned about the effects to transmission of knowledge to younger generations due to the Project.
To address Skeetchestn Indian Band’s concern, Trans Mountain has a comprehensive response plan that includes working with local regulatory authorities to make sure the public and the environment are kept safe. Where the pipeline runs near schools, Trans Mountain is open to working with individual schools or districts to fully support their safety efforts and ensure their emergency response plans and Trans Mountain’s are coordinated. Trans Mountain will also implement a comprehensive suite of mitigation measures to reduce the effects of the Project on the environment. Trans Mountain notes that although some of the residual effects are long-term, it does not preclude the Skeetchestn Indian Band from using the land for traditional subsistence purposes. Accordingly, Trans Mountain has facilitated TLU studies and TEK studies with Aboriginal communities to assist in assessing the potential effects of the Project on Aboriginal interests and generally inform the ESAs (see Section 7.0 of Volumes 5A and 5B of the Application).
In addition, NEB Condition 72 requires Trans Mountain to file with the NEB for approval, at least 3 months prior to commencing construction, an updated Project-specific Pipeline EPP for the construction of the pipeline. The Plan will include Aboriginal Monitors with the purpose of working with the Environmental Inspectors to provide TEK to the construction program to ensure protection of the environment. Consultation on NEB Condition 72 with Aboriginal groups is estimated to commence in August 2016.
2.58.6 Spills Skeetchestn Indian Band is concerned about the effects that an oil spill would have on its Aboriginal rights and title. Skeetchestn Indian Band recommends that the spill response plan be made available and more time be given for Skeetchestn Indian Band and other First Nations to review this plan.
In response to Skeetchestn Indian Band’s concerns, Trans Mountain asserts that they have dedicated staff working to maintain the integrity of the pipeline through Trans Mountain’s maintenance, inspection, and awareness programs. Trans Mountain takes a multi-layered approach to pipeline safety, including taking measures such as strategically placed pipeline valves near waterways and drilled river crossings at some locations. Trans Mountain control centre operators monitor the pipeline 24 hours per day, 7 days a week, 365 days a year using a sophisticated leak detection system as well as pressure and flow alarms. Operators are prepared to shut the pipeline down immediately if there is any indication of a potential problem on the pipeline. In the event of an emergency, Trans Mountain will immediately mobilize all of the necessary resources to minimize its effect on the public and the environment and invite the directly affected Aboriginal groups to participate in Unified Command to cooperatively develop and execute the incident action plans.
In compliance with NEB Condition 90, Trans Mountain will develop and file with the NEB a Consultation Plan that outlines how Trans Mountain has and intends to consult with Aboriginal groups on elements of the enhanced EMP. The Plan will be filed at least 2 months prior to commencing construction (estimated
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Trans Mountain Pipeline ULC Aboriginal Engagement Report Trans Mountain Expansion Project July 2016 construction start date: September 2017). In September 2015, Trans Mountain initiated Part III of its consultation program for the development of its enhanced EMP. The enhanced EMP will use the existing EMP as a foundation and be expanded to meet the needs of the proposed expansion Project. Through one on one meetings and/or workshops the consultation program maximizes the ability to gather expertise and input from Aboriginal groups. Trans Mountain has identified 133 Aboriginal groups with an interest in the Project along the proposed Project corridor. Each group has been or will be invited to participate in consultation regarding the EMP. In mid-2017, Trans Mountain will compile all input and feedback received from Aboriginal groups to draft the elements, plans and supplemental documents associated with the enhanced EMP. In 2018, Trans Mountain will conduct another series of regional workshops in each of the four KMC districts to present the enhanced draft EMP and identify how input and feedback gathered through consultation was considered and where appropriate, incorporated in the enhanced draft EMP. Aboriginal groups will have the opportunity to provide further feedback on the enhanced draft EMP prior to Trans Mountain filing its Emergency Response Plans with the NEB in compliance with NEB Condition 125 and NEB Condition 126 at least six months prior to commencing operations. In compliance with NEB Condition 117, Trans Mountain will report on improvements to the EMP at least 2 years and 1 year prior to commencing operations (estimated operations start date: December 2019).
2.58.7 Routing and Construction Skeetchestn Indian Band does not have an IR that is crossed by the TMPL corridor or the proposed TMEP corridor.
2.58.8 Regulatory Skeetchestn Indian Band participated in the NEB hearing process as a registered intervenor via Stk’emlupsemc te Secwepemc Nation, in conjunction with Tk’emlups te Secwepemc (Kamloops Indian Band). Skeetchestn Indian Band, via Stk’emlupsemc te Secwepemc Nation, participated in the Aboriginal Oral Traditional Evidence Hearings and provided Aboriginal oral evidence to the NEB on November 18, 2014 in Kamloops, BC. Skeetchestn Indian Band, via Stk’emlupsemc te Secwepemc Nation, submitted Information Requests to the NEB in the first and second round. Skeetchestn Indian Band, via Stk’emlupsemc te Secwepemc Nation, submitted evidence and a written argument to the NEB. Skeetchestn Indian Band was concerned about the insufficient consultation process and its ability to meaningfully participate in the review process due to the delay in funding, tight timelines and Trans Mountain’s incomplete Application. In response to Skeetchestn Indian Band’s concerns, Trans Mountain noted they were unable to address concerns about the nature and scope of the NEB process. On January 13, 2016, Skeetchestn Indian Band withdrew as an intervenor from the NEB Hearing Process via a letter from Stk’emlupsemc te Secwepemc Nation to the NEB. Details of Skeetchestn Indian Band’s participation in the NEB hearing process are found in Appendix B. Permits obtained through the NEB Pipeline Application and required by the Forest and Range Practices Act, the Heritage Conservation Act, and the Water Sustainability Act will provide further opportunity for engagement with regards to concerns identified by Skeetchestn Indian Band.
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2.59 Skowkale First Nation 2.59.1 Overview Skowkale First Nation is an Aboriginal group identified by Trans Mountain as a community that has an interest in the Project or has Aboriginal interests potentially affected by the Project. As identified by the BC EAO in the Section 11 Order, Skowkale First Nation is an Aboriginal group having asserted or determined Aboriginal rights, including title, and treaty rights. Skowkale First Nation is a member of the Stó:lō Nation, a First Nation of the Ts’elxweyeqw Tribe and associated with the Sto:lo Collective. Skowkale First Nation has a long-standing relationship with KMC as the existing TMPL system runs through the Grass Reserve #15, in which members of Skowkale First Nation have an interest.
As outlined in filings with the NEB, Skowkale First Nation is a Stó:lō Band located near the City of Chilliwack in the Upper Fraser Valley (AANDC 2012, Skowkale First Nation 2010). Skowkale First Nation is a member of the Stó:lō Nation Society, and many of the Skowkale First Nation’s economic and social initiatives and services are associated with this tribal council (Stó:lō Nation Society 2009). Skowkale First Nation is part of the Stó:lō Xwexwilmexw Treaty Association which is working through the treaty process with the BC Treaty Commission (Stó:lō Xwexwilmexw Treaty Association 2013). As of 2013, the total population of Skowkale First Nation was 248 people, of which 177 live on IRs and 71 live off IRs (AANDC 2013a). There are four Skowkale First Nation IRs (AANDC 2012).
An overview of the Skowkale First Nation is provided in Table 2.59-1.
TABLE 2.59-1
SKOWKALE FIRST NATION – OVERVIEW
Band Population Tribal Affiliation Traditional Language Traditional Cultural Practices Total: 248 Stó:lō Nation Society Halq'eméylem (upriver dialect of Winter Dance Halkomelem) Mask Dance On IRs: 177 Regalia placement Cleansing/bathing Off IRs: 71 Fasting/sweat ceremony/burning for ancestors Weaving Carving Hunting Fishing Plant gathering Trapping Drying meat Tanning hides Sources: AANDC 2012, AANDC 2013a, KMC 2013b, Stó:lō Nation Society 2009, Ts’elxwéyeqw Tribe Management Limited et al. 2013
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2.59.1.1 Skowkale First Nation Traditional Territory Figure 2-68 Skowkale First Nation Traditional Territory Page 2 - 308
Source: Ts’elxweyeqw Tribe Management Limited 2013
Trans Mountain Pipeline ULC Aboriginal Engagement Report Trans Mountain Expansion Project July 2016
The TMPL and proposed TMEP corridors transect the traditional territory of Skowkale First Nation. No TMPL or proposed TMEP facilities are located within Skowkale First Nation traditional territory.
The following section summarizes Skowkale First Nation Issues Summary and Resolution Table. For further detail, refer to the Skowkale First Nation Issues Summary and Resolution Table included in Appendix H.
2.59.2 Engagement Activity Trans Mountain provided the Project notification letter to Skowkale First Nation on May 29, 2012. Trans Mountain has continued to share Project information with Skowkale First Nation and will continue to do so as Project planning continues and, if Project approvals are received, into the construction and operational phases of the Project.
For the purposes of the Project, including an ICA and a confidential CFA, Skowkale First Nation has chosen to be represented by Ts’elxweyeqw Tribe Management Limited. Though the study is on-going, a draft Indicator Report provides information regarding the subsistence and cultural activities that are practiced throughout Stó:lō asserted traditional territory. Site-specific TLU information was not provided in the draft Indicator Report. The following socio-cultural information was derived from the preliminary report, entitled Indicator Report for the ICA for the Proposed TMEP (Ts’elxwéyeqw Tribe Management Limited et al. 2013).
Through a series of meetings both in-person, over the phone and via e-mail, interests and concerns have been shared with Trans Mountain by Ts’elxweyeqw Tribe Management Limited, focusing on Aboriginal rights and title, environmental, socio-economic and community health and well-being. As reported in the filings with the NEB throughout the hearing process for the Project, preliminary interests were formally shared with Trans Mountain by Ts’elxweyeqw Tribe Management Limited on July 22, 2013. Interests focused on:
• potential effects of a spill on Ts’elxweyeqw Tribe Management Limited’s member Band’s traditional hunting, gathering, fishing and ceremonial sites and activities;
• increased marine traffic in Burrard Inlet and potential negative consequences;
• potential effects on recreation, cultural and traditional spiritual use sites;
• air and water quality;
• vegetation management and potential ground contamination;
• potential effects of a spill and spill response planning;
• pipeline integrity;
• effects to fish and fish habitat; and
• potential economic benefits for and impacts on Aboriginal people.
On March 6, 2013, Skowkale First Nation via Ts’elxweyeqw Tribe Management Limited, and with Skwah First Nation and Kwaw-kwaw-apilt First Nation, and Trans Mountain executed a confidential CFA, which included funding to support Project engagement. Trans Mountain executed an ICA Agreement with Skowkale First Nation via Ts’elxweyeqw Tribe Management Limited, Skwah First Nation, Cheam First Nation, Kwaw-kwaw-apilt First Nation and Sumas First Nation, on July 26, 2013.In response to the Draft Aboriginal Engagement Report shared with Skowkale First Nation and the Stó:lō Collective on May 18, 2016, Trans Mountain received a response from the Stó:lō Research and Resource Management Centre (SRRMC), providing clarification regarding the role of the Stó:lō Collective in it’s engagement with Trans Mountain. Trans Mountain acknowledged the information received and as a result, has updated this Report to ensure accuracy with reporting on the association of the Stó:lō Collective, the member nations of the Stó:lō Collective and engagement activities with Trans Mountain.
As detailed in Section 3.4, The Stó:lō Collective submitted 89 recommendations to Trans Mountain with responses required. The Stó:lō Collective identified that the 89 recommendations could be broken down
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into six areas: Implementation of the Project; Fisheries; Forestry, Wetland and Vegetation; Socio-Cultural; Economic and Community Development; and Safety and Emergency Response.
Trans Mountain replied to Skowkale First Nation through the Stó:lō Collective Information Request No. 1.1a which responded to the 89 recommendations identified in the Stó:lō Collective ICA.
In response to the Stó:lō Collective Information Request No. 1.1a, Skowkale First Nation explained that many of responses to the 89 recommendations were tautological references, a reference to another Information Request that was of little or no value, or with vague and general statement. As included in Resolution #4, Trans Mountain is committed to ongoing engagement with the Stó:lō Collective to discuss the 89 recommendations and to schedule workshops as required to share additional information about the Project, including the EPP and Mitigation Plans, prior to construction.
Included with this Report is draft information in relation to the Stó:lō Collective. Trans Mountain is committed to continued engagement with the Stó:lō Collective; and to support the ability for the Stó:lō Collective to review and provide comment on the draft information, feedback will be collected in August 2016 and an Addendum will be filed with the BCEAO in September 2016.
For a detailed chronological summary of engagement with Skowkale First Nation and Ts’elxweyeqw Tribe Management Limited to date, refer to Volume 3B of the Facilities Application and Consultation Updates 1 through 4, submitted to the NEB as referenced in the Concordance Table for NEB Filings in Appendix D. Trans Mountain is committed to ongoing engagement with Skowkale First Nation and in compliance with NEB Condition 96 and NEB Condition 146, Trans Mountain will report on it’s engagement activities with Skowkale First Nation throughout construction and for each of the first five years after commencing operations.
2.59.3 TLU/TMU Skowkale First Nation is concerned with how Project plans have accommodated the Stó:lō Collective cultural heritage sites. In addition, Skowkale First Nation is concerned with effects the Project will have on Lightening Rock.
Trans Mountain replied to Skowkale First Nation through the Stó:lō Collective Information Request No. 2 which outlines how Trans Mountain has accommodated cultural heritage sites identified by the Stó:lō Collective.
In the event that previously unidentified archaeological, paleontological or historical/sacred sites are discovered during clearing or construction, the Proponent will implement measures outlined in the TLU Sites Discovery Contingency Plan, and/or the Heritage Resources Discovery Contingency Plan (Appendix B of Volume 6B) and no work at that particular location shall continue until permission is granted by the appropriate regulatory authority. Trans Mountain will also follow any conditions or recommendations identified in the permits for the Archaeological Impact Assessment for BC.
Condition 77 requires Trans Mountain to file with the NEB, at least 3 months prior to commencing construction between the Sumas Terminal and the Sumas Pump Station, a report of archaeological and cultural heritage field investigations undertaken to assess the potential impacts of the Project on the Lightening Rock site. As indicated in Resolution #3, Trans Mountain estimates that engagement regarding Condition 77 will commence in Q3/Q4 2016.
In response to the Stó:lō Collective Information Request No. 2, Skowkale First Nation continues to express concern that Trans Mountain consistently failed to consider issues relating to Stó:lō cultural site protection.
Trans Mountain is committed to ongoing engagement with the Stó:lō Collective to discuss the 89 recommendations and to schedule workshops as required to share additional information about the Project, including the EPP and Mitigation Plans, prior to construction.
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2.59.4 Land and/or Marine Environment Land and marine environment concerns were identified in the Stó:lō Collective ICA report, with Trans Mountain committed to discuss the 89 recommendations and to schedule workshops as required to share additional information about the Project, including the EPP and Mitigation Plans, prior to construction.
2.59.5 Socio-Economic Interests Socio-economic concerns were identified in the Stó:lō Collective ICA report, with Trans Mountain committed to discuss the 89 recommendations and to schedule workshops as required to share additional information about the Project, including the EPP and Mitigation Plans, prior to construction.
2.59.6 Spills Spill concerns were identified in the Stó:lō Collective ICA report, with Trans Mountain committed to discuss the 89 recommendations and to schedule workshops as required to share additional information about the Project, including the EPP and Mitigation Plans, prior to construction.
2.59.7 Routing and Construction Grass IR #15, in which Skowkale First Nation has an interest, is crossed by the existing TMPL on a 60 foot wide easement. The proposed TMEP corridor runs parallel to the border of the IR. Details regarding the IR crossed and total TMPL crossing distance are found in Table 2.59-2.
TABLE 2.59-2
SKOWKALE FIRST NATION – IR CROSSING
Proposed TMEP Segment IR TMPL Segment Length (Line 1) Length (Line 2) Notes Grass #15 0.47 km of NPS 24 n/a Proposed TMEP corridor parallels the border of Grass #15.
Figure 2-70 depicts the TMPL corridor through Grass IR #15, and the proposed TMEP corridor adjacent to Grass IR #15.
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Figure 2-69 TMPL and Proposed TMEP Corridors Through and Adjacent to Grass IR #15 Page 2 - 312
Source: NRCan 2013
Trans Mountain Pipeline ULC Aboriginal Engagement Report Trans Mountain Expansion Project July 2016
2.59.8 Regulatory Skowkale First Nation participated in the NEB hearing process as a registered intervenor via the Stó:lō Collective. Skowkale First Nation, via Stó:lō Collective, submitted Information Requests to the NEB in the first and second rounds. Skowkale First Nation, via Stó:lō Collective, submitted evidence and a written argument to the NEB. Skowkale First Nation, via Stó:lō Collective, provided an oral summary argument to the NEB. Detail of Skowkale First Nation’s participation in the NEB hearing process, via Stó:lō Collective, are found in Appendix B.
Permits obtained through the NEB Pipeline Application and required by the Forest and Range Practices Act, the Heritage Conservation Act, and the Water Sustainability Act will provide further opportunity for engagement with regards to concerns identified by Skowkale First Nation.
During Final Arguments to the NEB, Skowkale First Nation expressed numerous concerns with the NEB process including the determination of significant adverse effects, the NEB’s decision to eliminate cross examination and the decision to shut down the ability of intervenors to add relevant and important evidence for a period of approximately seven months prior to written submissions.
Trans Mountain noted that concerns regarding the nature and scope of the NEB process cannot be addressed by them.
2.60 Skuppah Indian Band 2.60.1 Overview Skuppah Indian Band is an Aboriginal group identified by Trans Mountain as a community that has an interest in the Project or has Aboriginal interests potentially affected by the Project. As identified by the BC EAO in the Section 11 Order, Skuppah Indian Band is an Aboriginal group having asserted or determined Aboriginal rights, including title, and treaty rights. Skuppah Indian Band is a member of the Nlaka'pamux Nation Tribal Council.
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2.60.1.1 Skuppah Indian Band Traditional Territory Skuppah Indian Band has not provided a traditional territory map to Trans Mountain. Nlaka'pamux Nation Tribal Council, of which Skuppah Indian Band is a member, has provided the following traditional territory map to Trans Mountain.
Figure 2-70 Nlaka'pamux Nation Tribal Council Traditional Territory Page 2 - 314
Source: Nlaka'pamux Nation Tribal Council 2013
Trans Mountain Pipeline ULC Aboriginal Engagement Report Trans Mountain Expansion Project July 2016
The TMPL and proposed TMEP corridors transect the traditional territory of the Nlaka'pamux Nation Tribal Council. The following TMPL and proposed TMEP facilities are located within the asserted traditional territory of the Nlaka'pamux Nation Tribal Council, of which Skuppah Indian Band is a member:
• Kamloops Terminal;
• Stump Station;
• Kingsvale Station; and
• Hope Station.
Skuppah Indian Band has not expressed concerns regarding engagement, TLU, land and marine environment, socio-economic interests, spills, routing and construction, or regulatory processes.
The following section summarizes Skuppah Indian Band Issues Summary and Resolution Table. For further detail, refer to the Issues Summary and Resolutions Table for Skuppah Indian Band included in Appendix H.
2.60.2 Engagement Activity Trans Mountain provided the Project notification letter to Skuppah Indian Band on May 29, 2012. Trans Mountain has continued to share Project information with Skuppah Indian Band and will continue to do so as the Project completes the regulatory review process and, if Project approvals are received, into the construction and operational phases of the Project.
For a detailed chronological summary of engagement with Skuppah Indian Band to date, refer to Volume 3B of the Facilities Application and Consultation Updates 1 through 4, submitted to the NEB as referenced in the Concordance Table for NEB Filings in Appendix D. Trans Mountain is committed to ongoing engagement with Skuppah Indian Band and in compliance with NEB Condition 96 and NEB Condition 146, Trans Mountain will report on it’s engagement activities with Skuppah Indian Band throughout construction and for each of the first five years after commencing operations.
2.60.3 Routing and Construction Skuppah Indian Band does not have an IR that is crossed by the TMPL corridor or the proposed TMEP corridor.
2.60.4 Regulatory Skuppah Indian Band did not participate in the NEB Hearing Process.
2.61 Skwah First Nation 2.61.1 Overview Skwah First Nation is an Aboriginal group identified by Trans Mountain as a community that has an interest in the Project or has Aboriginal interests potentially affected by the Project. As identified by the BC EAO in the Section 11 Order, Skwah First Nation is an Aboriginal group having asserted or determined Aboriginal rights, including title, and treaty rights. Skwah First Nation is associated with the Stó:lō Collective. Skwah First Nation has a long-standing relationship with KMC as the existing TMPL system runs through the Grass Reserve #15, in which members of Skwah First Nation have an interest.
As outlined in filings with the NEB, Skwah First Nation is a Stó:lō Band located near the City of Chilliwack in the Fraser Valley of BC (FPLM 2013) and is not affiliated with any tribal council (MARR 2013). As of 2013, the total population of Skwah First Nation was 505 people, of which 289 live on IRs and 216 live off IRs (AANDC 2013a). There are six Skwah First Nation IRs (AANDC 2012).
An overview of the Skwah First Nation is provided in Table 2.61-1.
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TABLE 2.61-1
SKWAH FIRST NATION – OVERVIEW
Band Population Tribal Affiliation Traditional Language Traditional Cultural Practices Total: 505 None Halq'eméylem (upriver dialect of Winter Dance Halkomelem) Mask Dance On IRs: 289 Regalia placement Cleansing/bathing Off IRs: 216 Fasting/sweat ceremony/burning for ancestors Weaving Carving Hunting Fishing Plant gathering Trapping Drying meat Tanning hides Sources: AANDC 2012, AANDC 2013a, FPLM 2013, Squiala First Nation 2012, Stó:lō Nation Society 2009, Ts’elxwéyeqw Tribe Management Limited et al. 2013
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2.61.1.1 Skwah First Nation Traditional Territory Figure 2-71 Skwah First Nation Traditional Territory Page 2 - 317
Source: AANDC 2003
Trans Mountain Pipeline ULC Aboriginal Engagement Report Trans Mountain Expansion Project July 2016
The TMPL and proposed TMEP corridors transect the traditional territory of Skwah First Nation. The following TMPL and proposed TMEP facilities are located within the traditional territory of Skwah First Nation:
• Hope Station;
• Wahleach Station;
• Border Traps;
• Sumas Station; and
• Sumas Terminal.
The following section summarizes Skwah First Nation Issues Summary and Resolution Table. For further detail, refer to the Skwah First Nation Issues Summary and Resolution Table included in Appendix H.
2.61.2 Engagement Activity Trans Mountain provided the Project notification letter to Skwah First Nation on May 29, 2012. Trans Mountain has continued to share Project information with Skwah First Nation and will continue to do so as Project planning continues and if Project approvals are received, into the construction and, operational phases of the Project.
For the purposes of the Project, including an ICA and a confidential CFA, Skwah First Nation has chosen to be represented by Ts’elxweyeqw Tribe Management Limited. Though the study is on-going, a draft Indicator Report provides information regarding the subsistence and cultural activities that are practiced throughout Stó:lō asserted traditional territory. Site-specific TLU information was not provided in the draft Indicator Report. The following socio-cultural information was derived from the preliminary report, entitled Indicator Report for the ICA for the Proposed TMEP (Ts’elxwéyeqw Tribe Management Limited et al. 2013).
On March 6, 2013, Skwah First Nation, with Ts’elxweyeqw Tribe Management Limited and Kwaw-kwaw-apilt First Nation, and Trans Mountain executed a confidential CFA, which included funding to support Project engagement. Trans Mountain executed an ICA Agreement with Skwah First Nation, with Ts’elxweyeqw Tribe Management Limited, Kwaw-kwaw-apilt First Nation, Cheam First Nation, and Sumas First Nation, on July 26, 2013.
In response to the Draft Aboriginal Engagement Report shared with Skwah First Nation and the Stó:lō Collective on May 18, 2016, Trans Mountain received a response from the Stó:lō Research and Resource Management Centre (SRRMC), providing clarification regarding the role of the Stó:lō Collective in it’s engagement with Trans Mountain. Trans Mountain acknowledged the information received and as a result, has updated this Report to ensure accuracy with reporting on the association of the Stó:lō Collective, the member nations of the Stó:lō Collective and engagement activities with Trans Mountain.
As detailed in Section 3.4, The Stó:lō Collective submitted 89 recommendations to Trans Mountain with responses required. The Stó:lō Collective identified that the 89 recommendations could be broken down into six areas: Implementation of the Project; Fisheries; Forestry, Wetland and Vegetation; Socio-Cultural; Economic and Community Development; and Safety and Emergency Response.
Trans Mountain replied to Skwah First Nation through the Stó:lō Collective Information Request No. 1.1a which responded to the 89 recommendations identified in the Stó:lō Collective ICA.
In response to the Stó:lō Collective Information Request No. 1.1a, Skwah First Nation explained that many of the responses to the 89 recommendations were tautological references, a reference to another Information Request that was of little or no value, or with a vague and general statement. As included in Resolution #4, Trans Mountain is committed to ongoing engagement with the Stó:lō Collective to discuss the 89 recommendations and to schedule workshops as required to share additional information about the Project, including the EPP and Mitigation Plans, prior to construction.
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Included with this Report is draft information in relation to the Stó:lō Collective. Trans Mountain is committed to continued engagement with the Stó:lō Collective; and to support the ability for the Stó:lō Collective to review and provide comment on the draft information, feedback will be collected in August 2016 and an Addendum will be filed with the BCEAO in September 2016
For a detailed chronological summary of engagement with Skwah First Nation to date, refer to Volume 3B of the Facilities Application and Consultation Updates 1 through 4, submitted to the NEB as referenced in the Concordance Table for NEB Filings in Appendix D. Trans Mountain is committed to ongoing engagement with Skwah First Nation and in compliance with NEB Condition 96 and NEB Condition 146, Trans Mountain will report on it’s engagement activities with Skwah First Nation throughout construction and for each of the first five years after commencing operations.
2.61.3 TLU/TMU Skwah First Nation is concerned with how Project plans have accommodated the Stó:lō Collective cultural heritage sites. In addition, Skwah First Nation is concerned with effects the Project will have on Lightening Rock.
Trans Mountain replied to Skwah First Nation through the Stó:lō Collective Information Request No. 2 which outlines how Trans Mountain has accommodated cultural heritage sites identified by the Stó:lō Collective.
In the event that previously unidentified archaeological, paleontological or historical/sacred sites are discovered during clearing or construction, the Proponent will implement measures outlined in the TLU Sites Discovery Contingency Plan, and/or the Heritage Resources Discovery Contingency Plan (Appendix B of Volume 6B) and no work at that particular location shall continue until permission is granted by the appropriate regulatory authority. Trans Mountain will also follow any conditions or recommendations identified in the permits for the Archaeological Impact Assessment for BC.
Condition 77 requires Trans Mountain to file with the NEB, at least 3 months prior to commencing construction between the Sumas Terminal and the Sumas Pump Station, a report of archaeological and cultural heritage field investigations undertaken to assess the potential impacts of the Project on the Lightening Rock site. As indicated in Resolution #3, Trans Mountain estimates that engagement regarding Condition 77 will commence in Q3/Q4 2016.
In response to the Stó:lō Collective Information Request No. 2, Skwah First Nation continues to express concern that Trans Mountain consistently failed to consider issues relating to Stó:lō cultural site protection.
Trans Mountain is committed to ongoing engagement with the Stó:lō Collective to discuss the 89 recommendations and to schedule workshops as required to share additional information about the Project, including the EPP and Mitigation Plans, prior to construction.
2.61.4 Land and/or Marine Environment Land and marine environment concerns were identified in the Stó:lō Collective ICA report, with Trans Mountain committed to discuss the 89 recommendations and to schedule workshops as required to share additional information about the Project, including the EPP and Mitigation Plans, prior to construction.
2.61.5 Socio-Economic Interests Socio-economic concerns were identified in the Stó:lō Collective ICA report, with Trans Mountain committed to discuss the 89 recommendations and to schedule workshops as required to share additional information about the Project, including the EPP and Mitigation Plans, prior to construction.
2.61.6 Spills Spill concerns were identified in the Stó:lō Collective ICA report, with Trans Mountain committed to discuss the 89 recommendations and to schedule workshops as required to share additional information about the Project, including the EPP and Mitigation Plans, prior to construction.
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2.61.7 Routing and Construction Grass IR #15, in which Skwah First Nation has an interest, is crossed by the existing TMPL on a 60 foot wide easement. The proposed TMEP corridor runs parallel to the border of the IR. Details regarding the IR crossed and total TMPL crossing distance are found in Table 2.61-2.
TABLE 2.61-2
SKWAH FIRST NATION – IR CROSSING
Proposed TMEP Segment IR TMPL Segment Length (Line 1) Length (Line 2) Notes Grass #15 0.47 km of NPS 24 n/a Proposed TMEP corridor parallels the border of Grass #15.
Figure 2-73 depicts the TMPL corridor through Grass IR #15, and the proposed TMEP corridor adjacent to Grass IR #15.
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Figure 2-72 TMPL and Proposed TMEP Corridors Through and Adjacent to Grass IR #15 Page 2 - 321
Source: NRCan 2013
Trans Mountain Pipeline ULC Aboriginal Engagement Report Trans Mountain Expansion Project July 2016
2.61.8 Regulatory Skwah First Nation participated in the NEB hearing process as a registered intervenor via the Stó:lō Collective. Skwah First Nation, via Stó:lō Collective, submitted Information Requests to the NEB in the first and second rounds. Skwah First Nation, via Stó:lō Collective, submitted evidence and a written argument to the NEB. Skwah First Nation, via Stó:lō Collective, provided an oral summary argument to the NEB. Detail of Skwah First Nation’s participation in the NEB hearing process, via Stó:lō Collective, are found in Appendix B.
Permits obtained through the NEB Pipeline Application and required by the Forest and Range Practices Act, the Heritage Conservation Act, and the Water Sustainability Act will provide further opportunity for engagement with regards to concerns identified by Skwah First Nation.
During Final Arguments to the NEB, Skwah First Nation expressed numerous concerns with the NEB process including the determination of significant adverse effects, the NEB’s decision to eliminate cross examination and the decision to shut down the ability of intervenors to add relevant and important evidence for a period of approximately seven months prior to written submissions.
Trans Mountain noted that concerns regarding the nature and scope of the NEB process cannot be addressed by them.
2.62 Snaw'Naw'As Nation (Nanoose) 2.62.1 Overview Snaw’Naw’As Nation (Nanoose) is an Aboriginal group identified by Trans Mountain as a community that has an interest in the Project or has Aboriginal interests potentially affected by the Project. As identified by the BC EAO in the Section 11 Order, Snaw’Naw’As Nation (Nanoose) is an Aboriginal group having asserted or determined Aboriginal rights, including title, and treaty rights.
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2.62.1.1 Snaw’Naw’As Nation (Nanoose) Traditional Territory Figure 2-73 Snaw’Naw’As Nation (Nanoose) Traditional Territory Page 2 - 323
Source: AANDC 2003
Trans Mountain Pipeline ULC Aboriginal Engagement Report Trans Mountain Expansion Project July 2016
The TMPL and proposed TMEP corridors do not transect Snaw’Naw’As Nation (Nanoose) traditional territory, and no TMPL or proposed TMEP facilities are located within Snaw’Naw’As Nation (Nanoose) traditional territory.
Snaw’Naw’As Nation (Nanoose) has not expressed concerns regarding engagement, TLU, land and marine environment, socio-economic interests, spills, routing and construction, or regulatory processes.
The following section summarizes Snaw’Naw’As Nation (Nanoose) Issues Summary and Resolution Table. For further information, refer to the Issues Summary and Resolutions Table for Snaw’Naw’As Nation (Nanoose) included in Appendix H.
2.62.2 Engagement Activity Trans Mountain provided the Project notification letter to Snaw’Naw’As Nation (Nanoose) on May 29, 2012. Trans Mountain has continued to share Project information with Snaw’Naw’As Nation (Nanoose) and will continue to do so as the Project completes the regulatory review process and, if Project approvals are received, into the construction and operational phases of the Project. Snaw’Naw’As Nation (Nanoose) has not expressed concerns regarding engagement, TLU, land and marine environment, socio-economic interests, spills, routing and construction, or regulatory processes.
For a detailed chronological summary of engagement with Snaw’Naw’As Nation (Nanoose) to date, refer to Volume 3B of the Facilities Application and Consultation Updates 1 through 4, submitted to the NEB as referenced in the Concordance Table for NEB Filings in Appendix D. Trans Mountain is committed to ongoing engagement with Snaw’Naw’As Nation (Nanoose) and in compliance with NEB Condition 96 and NEB Condition 146, Trans Mountain will report on it’s engagement activities with Snaw’Naw’As Nation (Nanoose) throughout construction and for each of the first five years after commencing operations.
2.62.3 Routing and Construction Snaw’Naw’As Nation (Nanoose) does not have an IR that is crossed by the TMPL corridor or the proposed TMEP corridor.
2.62.4 Regulatory Snaw’Naw’As Nation (Nanoose) did not participate in the NEB Hearing Process.
2.63 Snuneymuxw First Nation 2.63.1 Overview Snuneymuxw First Nation is an Aboriginal group identified by Trans Mountain as a community that has an interest in the Project or has Aboriginal interests potentially affected by the Project. As identified by the BC EAO in the Section 11 Order, Snuneymuxw First Nation is an Aboriginal group having asserted or determined Aboriginal rights, including title and treaty rights.
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2.63.1.1 Snuneymuxw First Nation Traditional Territory Figure 2-74 Snuneymuxw First Nation Traditional Territory Page 2 - 325
Source: AANDC 2013b
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The TMPL and proposed TMEP corridors do not transect Snuneymuxw First Nation traditional territory, and no TMPL or proposed TMEP facilities are located within Snuneymuxw First Nation traditional territory.
Snuneymuxw First Nation has not expressed concerns regarding socio-economic interests.
The following section summarizes Snuneymuxw First Nation Issues Summary and Resolution Table. For further detail, refer to the Snuneymuxw First Nation Issues Summary and Resolution Table included in Appendix H.
2.63.2 Engagement Activity Trans Mountain provided the Project notification letter to Snuneymuxw First Nation on May 29, 2012. Trans Mountain has continued to share Project information with Snuneymuxw First Nation and will continue to do so as the Project completes the regulatory review process and, if Project approvals are received, into the construction and operational phases of the Project.
Through a series of subsequent meetings both in-person, over the phone and via e-mail, Snuneymuxw First Nation interests and concerns were shared, including interest in the WCMRC, and a Project overview presentation by Trans Mountain to Snuneymuxw First Nation Chief and Council in November, 2013.
Snuneymuxw First Nation asserts Aboriginal title and rights, and Douglas Treaty rights, throughout its territory, including the right to continue their fisheries as in former times, and incidental rights such as the right to travel to and from their fisheries. Snuneymuxw First Nation is concerned that Trans Mountain has not taken a satisfactory approach to mitigation in respect of Snuneymuxw First Nation’s Aboriginal and treaty rights, and that there has been an infringement of section 35 of the Constitution Act rights, including the Douglas Treaty right to carry on fisheries as formerly. Snuneymuxw First Nation states that the engagement process must reflect the unique treaty status of their jurisdiction, title and rights. Snuneymuxw First Nation asserts that neither Trans Mountain nor the Crown have been forthcoming in discussing economic benefits or other opportunities with Snuneymuxw First Nation. Snuneymuxw First Nation is concerned that the Crown has not participated in the process of consultation, mitigation and accommodation, relying instead on the Trans Mountain application as evidence of mitigation. Snuneymuxw First Nation is concerned about the feasibility, sustainability, safety and contingency plans, along with the appropriateness of the Project. Snuneymuxw First Nation is concerned that Trans Mountain has not adequately consulted with Snuneymuxw First Nation in regard to Commitment 941 (being that Trans Mountain will consult with coastal communities on a Community Benefits Program focused on marine spill response), as this consultation should have occurred in advance of the conclusion of the Hearing and should have been recorded as part of the official NEB record of proceedings.
Trans Mountain is not able to address Aboriginal rights and title infringement issues in the Application. Trans Mountain has offered to meet with Snuneymuxw First Nation to address their concerns regarding the Project. TMU
Trans Mountain commits to implementing a number of mitigation measures in order to address the concerns of Snuneymuxw First Nation. Trans Mountain will respect Aboriginal and treaty rights of Snuneymuxw First Nation as laid out in the Snuneymuxw First Nation Final Agreement and is formally bound to this commitment by NEB Conditions 2 and 6, which deal with conditions compliance and compliance tracking, respectively.
For a detailed chronological summary of engagement with Snuneymuxw First Nation to date, refer to Volume 3B of the Facilities Application and Consultation Updates 1 through 4, submitted to the NEB as referenced in the Concordance Table for NEB Filings in Appendix D. Trans Mountain is committed to ongoing engagement with Snuneymuxw First Nation and in compliance with NEB Condition 96 and NEB Condition 146, Trans Mountain will report on it’s engagement activities with Snuneymuxw First Nation throughout construction and for each of the first five years after commencing operations.
2.63.3 TLU/TMU Snuneymuxw First Nation is concerned that there will be Project-related impacts on TLU, notably on their treaty right to carry on their way of life and fish as formerly. Snuneymuxw First Nation remains deeply concerned about the impacts that increased marine traffic will have on their fishery and their ability to safely
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Trans Mountain Pipeline ULC Aboriginal Engagement Report Trans Mountain Expansion Project July 2016 access their fishery. Snuneymuxw First Nation asserts that Trans Mountain has not demonstrated that these risks will not be significant or that they can be justified.
Trans Mountain commits to implementing a number of mitigation measures to address the concerns of Snuneymuxw First Nation. NEB Condition 48 requires Trans Mountain to report on aquatic navigation and navigation safety. NEB Condition 47 requires Trans Mountain to file an Access Management Plan(s). Trans Mountain will consult with Aboriginal groups in advance of its filings in compliance with NEB Conditions 48 and 47. Consultation on NEB Conditions 48 and 47 is estimated to commence in August 2016. Trans Mountain will include rationale for the inclusion of information received from Aboriginal groups in its filing and will issue a response letter to Aboriginal groups with the same information at the time of filing, as per the Condition.
NEB Condition 96 requires Trans Mountain to report on engagement activities with Aboriginal groups during the construction phase and NEB Condition 146 requires Trans Mountain to report on engagement activities with Aboriginal groups during operations.
2.63.4 Land and/or Marine Environment Snuneymuxw First Nation asserts that fish and fish habitat must be protected, and must not be seriously affected by development. Snuneymuxw First Nation remains concerned about potential Project impacts on fish and fish habitat from pipeline spills, increased tanker traffic and increased risk of tanker spills.
Trans Mountain commits to implementing a number of mitigation measures in order to address the concerns of Snuneymuxw First Nation. NEB Condition 44, Trans Mountain to file Wildlife Species at Risk Mitigation and Habitat Restoration Plans, with consultation expected to commence in August 2016. NEB Condition 110 requires Trans Mountain to report on authorizations under paragraph 35(2)(b) of the Fisheries Act and Species at Risk permits (pipeline). NEB Condition 72 requires Trans Mountain to file a Pipeline EPP with the NEB at least 3 months prior to commencing construction, with consultation estimated to commence in August 2016. The Plan will include Aboriginal Monitors who will work with the Environmental Inspectors to provide TEK to inform the construction program to ensure protection of the environment. This will include reclamation plans and plans for water quality, wildlife and fish. NEB Condition 81 requires Trans Mountain to file a Westridge Marine Terminal EPP with the NEB for approval, at least 3 months prior to commencing construction. This EPP will include a description of how Trans Mountain has taken available and applicable Aboriginal TLU and TEK into consideration in developing the plan. This EPP will include reclamation plans and plans for monitoring water quality, wildlife and fish. NEB Condition 151 requires Trans Mountain to file post-construction Environmental Monitoring Reports on or before January 31 that will summarise Trans Mountain’s consultation with potentially affected Aboriginal groups, including any issues and concerns raised, and how Trans Mountain has addressed or responded to those issues and concerns. NEB Condition 154 requires Trans Mountain to file a Riparian Habitat Enhancement and Offset Plan to the NEB for approval, on or before January 31 after the fifth complete growing season after completing the final clean- up. This Plan will address all riparian habitat that has not returned to pre-construction functionality or better.
2.63.5 Spills Snuneymuxw First Nation is concerned that the Project cannot credibly guarantee that no major oil spill will occur in the Strait of Georgia. Snuneymuxw First Nation is concerned that the marine shipping risk assessment is inadequate because Trans Mountain did not fully consider the risk and effects of a marine tanker spill on the environment, wildlife habitat and human health. Snuneymuxw First Nation asserts that the risk of an oil tanker spill is not as low as Trans Mountain contends, and that the risk of a tanker spill does not have to be high so long as the risk is real and the potential impacts are serious.
Snuneymuxw First Nation is concerned that Trans Mountain did not consider high-likelihood events by considering worst-case scenarios and did not fully assess the consequences of a tanker-related oil spill. Snuneymuxw First Nation is concerned about Transport Canada’s conclusion that there is a high probability of spills occurring in southern Vancouver Island waters and that spill response will not recover all spilled oil. Snuneymuxw First Nation is concerned that Canada’s outdated marine transport safety system cannot cope with the additional pressures and risks that the Project will introduce and that the effectiveness of ‘Enhanced Situational Awareness’ is overstated. There is no technical basis for Trans Mountain’s assertion that the risk of a spill would not increase, and Snuneymuxw First Nation asserts that the risk of a tanker
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accident increases with increased tanker traffic. Without fully understanding the effects of a spill in the Salish Sea, including studies of water chemistry and oceanography, an effective spill response plan cannot be developed given the state of the current emergency response system.
Trans Mountain tankers are required to follow regulations in Port Metro Vancouver and in BC waters, including safety regulations, pilotage requirements and ballast water exchange requirements. The marine transportation environmental assessment considers the possibility of a grounding event as well as the spread of invasive species and other potential accidents and malfunctions. Information on the financial ability and compensative regime and the requirements of tankers calling at the Westridge Marine Terminal are described in Volume 8A, Section 5.5.3 and provided in response to NEB Information Request No. 1.59a.
Trans Mountain is supportive of BC’s Five Conditions and the work of the Federal TSEP that is assessing Canada’s oil spill response regime. The Western Canada Marine Response Corporation (WCMRC) is a federally certified oil spill response organization and is responsible for providing spill response to all marine commercial vessels and oil handling facilities along the BC coast. The WCMRC is undertaking a benchmarking exercise against other global spill response organizations as well as assessing any increased need for spill response as a result of the Project.
Trans Mountain is committed to implementing all relevant mitigation measures as per the Conditions. NEB Condition 91 requires Trans Mountain to file a plan for implementing, monitoring and complying with marine shipping-related commitments. NEB Condition 90 requires Trans Mountain to implement and report on consultation for improvements to Trans Mountain’s EMP, at least 2 months prior to the start of construction (estimated construction start date: September 2017). NEB Condition 133 requires Trans Mountain to report on marine shipping-related commitments at least 90 days prior to loading the first tanker at the Westridge Marine Terminal with oil transported by the Project, including enhanced tug escort through developing a tug matrix. NEB Condition 134 requires Trans Mountain to file an updated Tanker Acceptance Standard at least 90 days prior to loading the first tanker at the Westridge Marine Terminal with Project oil, with supplemental report filings occurring on or before January 31 of each of the first five years after commencing operations. NEB Condition 125 requires Trans Mountain to file Emergency Response Plans for the pipeline and the Edmonton, Sumas and Burnaby Terminals. NEB Condition 126 requires Trans Mountain to file an Emergency Response Plan for the Westridge Marine Terminal. NEB Condition 131 requires Trans Mountain to file a report detailing the activities and observed outcomes of Trans Mountain’s Marine Public Outreach Program with the NEB at least 3 months prior to commencing operations. This report will also include descriptions of any actions taken by Trans Mountain to communicate applicable information on Project- related vessel timing to affected Aboriginal groups. NEB Condition 153 requires Trans Mountain to implement and report on full-scale emergency response exercises during operations, to be completed within five years of commencing operations.
As a leading member of the Salish Sea maritime community, Trans Mountain has conducted a thorough and comprehensive review of the marine aspects of the Project and developed a world-leading marine safety program aimed at reducing risk of the Project. The review has included extensive consultation with marine communities and Aboriginal groups. The marine program includes a number of enhancements which are based upon three key principles that focus on: expansion within the existing regime; geographically specific and risk-based activities; and the provision of benefits to potentially affected communities in the maritime environment.
As part of the Project, substantial work has gone into identifying potential environmental impacts and mitigation methods to reduce the impact to the environment. Trans Mountain is funding $1.6M to support the ECHO Program, a Vancouver Fraser Port Authority led initiative aimed at better understanding and managing the impact of shipping activities on at-risk whales throughout the southern coast of BC. Currently, Trans Mountain is engaged with Aboriginal groups with an interest in the marine environment regarding a Salish Sea Initiative which investigates and considers concerns, remedies and mitigation around the marine environment.
Trans Mountain does not own or operate the tanker vessels and has little direct control over the actions of vessel owners and operators. Marine shipping on Canada’s West Coast is regulated by a variety of federal and international authorities. Through its Tanker Acceptance Standard, besides requiring all vessels that arrive at the Westridge Marine Terminal to comply with all applicable local, national and international regulations, Trans Mountain has established additional requirements for tankers. The Tanker Acceptance
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Standard is a living document and will be updated in keeping with Project conditions and commitments, as well as required through continuous improvement. As the terminal operator, Trans Mountain has authority to vet and grant or deny permission for tankers to berth, which is a significant tool to compel tankers to comply with Trans Mountain’s tanker acceptance process and terminal regulations.
Trans Mountain has submitted to Transport Canada’s Technical Review Process of Marine Terminal Systems in Transhipment Sites (TERMPOL) Process and has completed a comprehensive marine risk assessment for the Project, including a quantitative risk assessment by DNV. The risk assessment has included the following key points and concepts: an analysis of current and future marine traffic as part of a navigation assessment; research and engagement with the local maritime community to identify hazards and review existing safety measures; product fate and testing behaviour to better understand the properties of heavy crude oils like diluted bitumen; spill modelling in 2D and 3D to understand where oil travels and how it interacts with the marine environment in a spill event; and development of risk mitigation measures to reduce oil spill risk, including enhancements to the oil spill response regime for the Salish Sea. The TERMPOL assessment also includes the additional navigation safety measures, of which some have already been put into place, independent of the Project. These include safety measures for laden tanker tug escort through the Strait of Georgia which will be expanded to include the Juan de Fuca Strait in the future. Pilot disembarkation will take place near Race Rocks and not at Victoria, with pilots being trained to disembark by helicopter. Enhanced Situational Awareness techniques will be applied that require several safety calls by pilots and masters of laden tankers, including in the vicinity of Swiftsure Bank, which has been identified as an area of special focus in Trans Mountain’s advice to laden tankers.
Spill response for all marine commercial vessels and oil handling facilities along the BC Coast is provided under agreement by the WCMRC, which is the industry owned, Transport Canada certified, marine oil spill response organization on the west coast of Canada. Upon Project approval, Trans Mountain has committed $100M to the WCMRC enhancement program which will employ 100 people, open five new bases, double response capacity and half the response time relative to current planning standards; program development will benefit surrounding communities. In addition, the response time frame is reduced to effect response within 6 hours at any location along the tanker shipping route in the Salish Sea. DNV concluded that implementing the extra risk controls (as proposed by the Project) will raise the level of care and safety well above globally accepted shipping standards. This assessment is in concurrence with a publicly available report by the TERMPOL Committee which concludes that the existing Canadian marine laws and regulations, and international frameworks when complemented by the enhanced safety measures that Trans Mountain has implemented or is committed to implementing will provide for safer shipping in support of the Project. In December of 2013, the TSEP, an independent panel appointed to review Canada's current tanker safety system and to propose measures to strengthen it, released its report, A Review of Canada's Ship-Source Oil Spill Preparedness and Response Regime: Setting the Course for the Future (Tanker Safety Panel Secretariat 2013). The report aims to improve Canada's system for ship-source oil spill preparedness and response in order to better protect the public and the environment. In addition to all of the above items being proposed or undertaken by Trans Mountain, the Federal Government’s TSEP process is expected to result in improvements to marine safety across Canada, including the BC coast. Trans Mountain remains engaged and supportive of the process to implement enhancements to tanker safety in accordance with TSEP findings and recommendations.
Trans Mountain has confidence in the MARCS model used for the Project risk assessment. The MARCS model has evolved and improved as a result of lessons learned from past project reviews. Trans Mountain is confident that the evaluation of potential environmental impacts applying this methodology has allowed Trans Mountain to evaluate the risk of oil spills due to the Project and propose measures that adequately address the risks.
In September 2015, Trans Mountain initiated Part III of its consultation program for the development of its enhanced EMP. The enhanced EMP will use the existing EMP as a foundation and be expanded to meet the needs of the proposed expansion Project. Through one on one meetings or workshops, the consultation program maximizes the ability to gather expertise and input from Aboriginal groups. Trans Mountain has identified 133 Aboriginal groups with an interest in the Project along the proposed Project corridor. Each group has been or will be invited to participate in consultation regarding the EMP. In mid-2017, Trans Mountain will compile all input and feedback received from Aboriginal groups to draft the elements, plans and supplemental documents associated with the enhanced EMP. In 2018, Trans Mountain will conduct another series of regional workshops in each of the four KMC districts to present the enhanced draft EMP
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and identify how input and feedback gathered through consultation was considered, and where appropriate, incorporated in the enhanced draft EMP. Aboriginal groups will have the opportunity to provide further feedback on the enhanced draft EMP prior to Trans Mountain filing its Emergency Response Plans with the NEB in compliance with NEB Conditions 125 and 126 at least six months prior to commencing operations. In compliance with NEB Condition 117, Trans Mountain will report on improvements to the EMP in intervals of at least two years, one year and six months prior to commencing operations (estimated operations start date: December 2019).
2.63.6 Routing and Construction Snuneymuxw First Nation does not have an IR that is crossed by the TMPL corridor or the proposed TMEP corridor.
2.63.7 Regulatory Snuneymuxw First Nation participated in the NEB hearing process as a registered intervenor. Snuneymuxw First Nation submitted evidence and a written argument to the NEB. Details of Snuneymuxw First Nation’s participation in the NEB hearing process are found in Appendix B.
Permits obtained through the NEB Pipeline Application and required by the Water Sustainability Act will provide further opportunity for engagement with regards to concerns identified by Snuneymuxw First Nation.
2.64 Songhees Nation 2.64.1 Overview Songhees Nation is an Aboriginal group identified by Trans Mountain as a community that has an interest in the Project or has Aboriginal interests potentially affected by the Project. As identified by the BC EAO in the Section 11 Order, Songhees Nation is an Aboriginal group having asserted or determined Aboriginal rights, including title, and treaty rights.
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2.64.1.1 Songhees Nation Traditional Territory Figure 2-75 Songhees Nation Traditional Territory Page 2 - 331
Source: Songhees Nation 2013
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The TMPL and proposed TMEP corridors do not transect Songhees Nation traditional territory, and no TMPL or proposed TMEP facilities are located within Songhees Nation traditional territory.
Songhees Nation has not expressed concerns regarding engagement, TLU, land and marine environment, socio-economic interests, spills, routing and construction, or regulatory processes.
The following section summarizes Songhees Nation Issues Summary and Resolution Table. For further detail, refer to the Issues Summary and Resolutions Table for Songhees Nation included in Appendix H.
2.64.2 Engagement Activity Trans Mountain provided the Project notification letter to Songhees Nation on May 29, 2012. Trans Mountain continued to share Project information with Songhees Nation until April 4, 2013, when Songhees Nation informed Trans Mountain via letter that no contact with the Nation was to be made until further notice. Since then, the Project application notification letter was shared with Songhees Nation on December 13, 2013, along with the Application to Participate Notification for the NEB Public Hearing for the Project on January 15, 2014. Trans Mountain will not share information regarding this Report, unless requested to do so by Songhees Nation.
For a detailed chronological summary of engagement with Songhees Nation to date, refer to Volume 3B of the Facilities Application and Consultation Updates 1 through 4, submitted to the NEB as referenced in the Concordance Table for NEB Filings in Appendix D. Trans Mountain is committed to future engagement with Songhees Nation at Songhees Nation’s request, and in compliance with NEB Condition 96 and NEB Condition 146, Trans Mountain will report on it’s engagement activities with Songhees Nation throughout construction and for each of the first five years after commencing operations.
2.64.3 Routing and Construction Songhees Nation does not have an IR that is crossed by the TMPL corridor or the proposed TMEP corridor.
2.64.4 Regulatory Songhees Nation did not participate in the NEB Hearing Process.
2.65 Soowahlie Indian Band 2.65.1 Overview Soowahlie Indian Band is an Aboriginal group identified by Trans Mountain as a community that has an interest in the Project or has Aboriginal interests potentially affected by the Project. As identified by the BC EAO in the Section 11 Order, Soowahlie Indian Band is an Aboriginal group having asserted or determined Aboriginal rights, including title, and treaty rights. Soowahlie Indian Band is a member of the Stó:lō Tribal Council, is a First Nation with the Ts’elxweyeqw Tribe, and is associated with the Sto:lo Collective. Soowahlie Indian Band has a long-standing relationship with KMC as the existing TMPL system runs through the Grass Reserve IR #15, in which members of Soowahlie Indian Band have an interest.
As outlined in filings with the NEB, Soowahlie Indian Band is a Stó:lō Band located between the towns of Vedder Crossing and Cultus Lake in the Fraser Valley of BC (Soowahlie Band Administration [SBA] 2012). As of 2013, the total population of Soowahlie Indian Band was 370 people, of which 177 live on IRs and 193 live off IRs (AANDC 2013a). There are three Soowahlie Indian Band IRs (AANDC 2012).
An overview of the Soowahlie First Nation is provided in Table 2.65-1.
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TABLE 2.65-1
SOOWAHLIE FIRST NATION – OVERVIEW
Band Population Tribal Affiliation Traditional Language Traditional Cultural Practices Total: 370 Stó:lō Tribal Council Halq’eméylem (upriver dialect of Winter Dance Halkomelem) Mask Dance On IRs: 177 Regalia placement Cleansing/bathing Off IRs: 193 Fasting/sweat ceremony/burning for ancestors Weaving Carving Hunting Fishing Plant gathering Trapping Drying meat Tanning hides Drying fish Torch lighting Sources: AANDC 2012, 2013a, KMC 2013b, SBA 2012, Ts’elxwéyeqw Tribe Management Limited et al. 2014.
2.65.1.1 Soowahlie Indian Band Traditional Territory Soowahlie Indian Band has not provided a traditional territory map to Trans Mountain. Ts’elxweyeqw Tribe Management Limited, of which Skawahlook First Nation is a member, has provided the following traditional territory map to Trans Mountain.
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Figure 2-76 Ts’elxweyeqw Tribe Management Limited Traditional Territory Page 2 - 334
Source: Ts’elxweyeqw Tribe Management Limited 2013
Trans Mountain Pipeline ULC Aboriginal Engagement Report Trans Mountain Expansion Project July 2016
The TMPL and proposed TMEP corridors transect the traditional territory of Ts’elxweyeqw Tribe Management Limited. No TMPL or proposed TMEP facilities are located within the asserted traditional territory of Ts’elxweyeqw Tribe Management Limited, of which Soowahlie Indian Band is a member.
The following section summarizes Soowahlie Indian Band Issues Summary and Resolution Table. For further detail, refer to the Soowahlie Indian Band Issues Summary and Resolution Table included in Appendix H.
2.65.2 Engagement Activity Trans Mountain provided the Project notification letter to Soowahlie Indian Band on May 29, 2012. Trans Mountain has continued to share Project information with Soowahlie Indian Band and will continue to do so as Project planning continues and if Project approvals are received, into the construction and operational phases of the Project.
For the purposes of the Project, including an ICA and a confidential CFA, Soowahlie Indian Band has chosen to be represented by Ts’elxweyeqw Tribe Management Limited. Though the study is on-going, a draft Indicator Report provides information regarding the subsistence and cultural activities that are practiced throughout Stó:lō asserted traditional territory. Site-specific TLU information was not provided in the draft Indicator Report. The following socio-cultural information was derived from the preliminary report, entitled Indicator Report for the ICA for the Proposed TMEP (Ts’elxwéyeqw Tribe Management Limited et al. 2013).
Through a series of meetings both in-person, over the phone and via e-mail, interests and concerns have been shared with Trans Mountain by Ts’elxweyeqw Tribe Management Limited, focusing on Aboriginal rights and title, environmental, socio-economic and community health and well-being. As reported in the filings with the NEB throughout the hearing process for the Project, preliminary interests were formally shared with Trans Mountain by Ts’elxweyeqw Tribe Management Limited on July 22, 2013. Interests focused on:
• potential effects of a spill on Ts’elxweyeqw Tribe Management Limited’s member Band’s traditional hunting, gathering, fishing and ceremonial sites and activities;
• increased marine traffic in Burrard Inlet and potential negative consequences;
• potential effects on recreation, cultural and traditional spiritual use sites;
• air and water quality;
• vegetation management and potential ground contamination;
• potential effects of a spill and spill response planning;
• pipeline integrity;
• effects to fish and fish habitat; and
• potential economic benefits for and impacts on Aboriginal people.
On March 6, 2013, Soowahlie Indian Band via Ts’elxweyeqw Tribe Management Limited, and with Skwah First Nation and Kwaw-kwaw-apilt First Nation, and Trans Mountain executed a confidential CFA, which included funding to support Project engagement. Trans Mountain executed an ICA Agreement with Soowahlie Indian Band via Ts’elxweyeqw Tribe Management Limited, Skwah First Nation, Cheam First Nation, Kwaw-kwaw-apilt First Nation and Sumas First Nation, on July 26, 2013.
As detailed in Section 3.4, The Stó:lō Collective submitted 89 recommendations to Trans Mountain with responses required. The Stó:lō Collective identified that the 89 recommendations could be broken down into six areas: Implementation of the Project; Fisheries; Forestry, Wetland and Vegetation; Socio-Cultural; Economic and Community Development; and Safety and Emergency Response.
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Trans Mountain replied to Soowahlie Indian Band through the Stó:lō Collective Information Request No. 1.1a which responded to the 89 recommendations identified in the Stó:lō Collective ICA.
In response to the Stó:lō Collective Information Request No. 1.1a, Soowahlie Indian Band explained that many of the responses to the 89 recommendations were tautological references, a reference to another Information Request that was of little or no value, or a vague and general statement. As included in Resolution #4, Trans Mountain is committed to ongoing engagement with the Stó:lō Collective to discuss the 89 recommendations and to schedule workshops as required to share additional information about the Project, including the EPP and Mitigation Plans, prior to construction.
Included with this Report is draft information in relation to the Stó:lō Collective. Trans Mountain is committed to continued engagement with the Stó:lō Collective; and to support the ability for the Stó:lō Collective to review and provide comment on the draft information, feedback will be collected in August 2016 and an Addendum will be filed with the BCEAO in September 2016
For a detailed chronological summary of engagement with Soowahlie Indian Band and Ts’elxweyeqw Tribe Management Limited to date, refer to Volume 3B of the Facilities Application and Consultation Updates 1 through 4, submitted to the NEB as referenced in the Concordance Table for NEB Filings in Appendix D. Trans Mountain is committed to ongoing engagement with Soowahlie Indian Band and in compliance with NEB Condition 96 and NEB Condition 146, Trans Mountain will report on it’s engagement activities with Soowahlie Indian Band throughout construction and for each of the first five years after commencing operations.
2.65.3 TLU/TMU Soowahlie Indian Band is concerned with how Project plans have accommodated the Stó:lō Collective cultural heritage sites. In addition, Soowahlie Indian Band is concerned with effects the Project will have on Lightening Rock.
Trans Mountain replied to Soowahlie Indian Band through the Stó:lō Collective Information Request No. 2 which outlines how Trans Mountain has accommodated cultural heritage sites identified by the Stó:lō Collective.
In the event that previously unidentified archaeological, paleontological or historical/sacred sites are discovered during clearing or construction, the Proponent will implement measures outlined in the TLU Sites Discovery Contingency Plan, and/or the Heritage Resources Discovery Contingency Plan (Appendix B of Volume 6B) and no work at that particular location shall continue until permission is granted by the appropriate regulatory authority. Trans Mountain will also follow any conditions or recommendations identified in the permits for the Archaeological Impact Assessment for BC.
Condition 77 requires Trans Mountain to file with the NEB, at least 3 months prior to commencing construction between the Sumas Terminal and the Sumas Pump Station, a report of archaeological and cultural heritage field investigations undertaken to assess the potential impacts of the Project on the Lightening Rock site. As indicated in Resolution #3, Trans Mountain estimates that engagement regarding Condition 77 will commence in Q3/Q4 2016.
In response to the Stó:lō Collective Information Request No. 2, Soowahlie Indian Band continues to express concern that Trans Mountain consistently failed to consider issues relating to Stó:lō cultural site protection.
Trans Mountain is committed to ongoing engagement with the Stó:lō Collective to discuss the 89 recommendations and to schedule workshops as required to share additional information about the Project, including the EPP and Mitigation Plans, prior to construction.
2.65.4 Land and/or Marine Environment Land and marine environment concerns were identified in the Stó:lō Collective ICA Report, with Trans Mountain committed to discuss the 89 recommendations and to schedule workshops as required to share additional information about the Project, including the EPP and Mitigation Plans, prior to construction.
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2.65.5 Socio-Economic Interests Socio-economic concerns were identified in the Stó:lō Collective ICA report, with Trans Mountain committed to discuss the 89 recommendations and to schedule workshops as required to share additional information about the Project, including the EPP and Mitigation Plans, prior to construction.
2.65.6 Spills Spill concerns were identified in the Stó:lō Collective ICA report, with Trans Mountain committed to discuss the 89 recommendations and to schedule workshops as required to share additional information about the Project, including the EPP and Mitigation Plans, prior to construction.
2.65.7 Routing and Construction Grass IR #15, in which Soowahlie Indian Band has an interest, is crossed by the existing TMPL on a 60 foot wide easement. The proposed TMEP corridor runs parallel to the border of the IR. Details regarding the IR crossed and total TMPL crossing distance are found in Table 2.65-2.
TABLE 2.65-2
SOOWAHLIE INDIAN BAND – IR CROSSING
Proposed TMEP Segment IR TMPL Segment Length (Line 1) Length (Line 2) Notes Grass #15 0.47 km of NPS 24 n/a Proposed TMEP corridor parallels the border of Grass #15.
Figure 2-78 depicts the TMPL corridor through Grass IR #15, and the proposed TMEP corridor adjacent to Grass IR #15.
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Figure 2-77 TMPL and Proposed TMEP Corridors Through and Adjacent to Grass IR #15 Page 2 - 338
Source: NRCan 2013
Trans Mountain Pipeline ULC Aboriginal Engagement Report Trans Mountain Expansion Project July 2016
2.65.8 Regulatory Soowahlie Indian Band participated in the NEB hearing process as a registered intervenor via the Stó:lō Collective. Soowahlie Indian Band, via Stó:lō Collective, submitted Information Requests to the NEB in the first and second rounds. Soowahlie Indian Band, via Stó:lō Collective, submitted evidence and a written argument to the NEB. Soowahlie Indian Band, via Stó:lō Collective, provided an oral summary argument to the NEB. Detail of Soowahlie Indian Band’s participation in the NEB hearing process, via Stó:lō Collective, are found in Appendix B.
Permits obtained through the NEB Pipeline Application and required by the Forest and Range Practices Act, the Heritage Conservation Act, and the Water Sustainability Act will provide further opportunity for engagement with regards to concerns identified by Soowahlie Indian Band.
During Final Arguments to the NEB, Soowahlie Indian Band expressed numerous concerns with the NEB process including the determination of significant adverse effects, the NEB’s decision to eliminate cross examination and the decision to shut down the ability of intervenors to add relevant and important evidence for a period of approximately seven months prior to written submissions.
Trans Mountain noted that concerns regarding the nature and scope of the NEB process cannot be addressed by them.
2.66 Splats’in First Nation 2.66.1 Overview Splats’in First Nation is an Aboriginal group identified by Trans Mountain as a community that has an interest in the Project or has Aboriginal interests potentially affected by the Project. As identified by the BC EAO in the Section 11 Order, Splats’in First Nation is an Aboriginal group having asserted or determined Aboriginal rights, including title, and treaty rights. Splats’in First Nation is a member of the Shuswap Nation Tribal Council.
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2.66.1.1 Splats’in First Nation Traditional Territory Splats’in First Nation has not provided a traditional territory map to Trans Mountain. Shuswap Nation Tribal Council, of which Splats’in First Nation is a member, has provided the following traditional territory map to Trans Mountain.
Figure 2-78 Shuswap Nation Tribal Council Traditional Territory Page 2 - 340
Source: Simpcw GIS 2012a
Trans Mountain Pipeline ULC Aboriginal Engagement Report Trans Mountain Expansion Project July 2016
The TMPL and proposed TMEP corridors transect the traditional territory of the Shuswap Nation Tribal Council. The following TMPL and proposed TMEP facilities are located within the asserted traditional territory of the Shuswap Nation Tribal Council, of which Splats’in First Nation is a member:
• Jasper Station;
• Hargreaves Trap Site;
• Rearguard Station;
• Albreda Station;
• Chappel Station;
• Blue River Station;
• Finn Station;
• McMurphy Station;
• Blackpool Station;
• Darfield Station;
• Black Pines Station; and
• Kamloops Terminal.
Splats’in First Nation has not expressed concerns regarding engagement, TLU, land and marine environment, socio-economic interests, spills, routing and construction, or regulatory processes.
The following section summarizes Splats’in First Nation Issues Summary and Resolution Table. For further detail, refer to the Issues Summary and Resolutions Table for Splats’in First Nation included in Appendix H.
2.66.2 Engagement Activity Trans Mountain provided the Project notification letter to Splats’in First Nation on May 29, 2012. Trans Mountain has continued to share Project information with Splats’in First Nation and will continue to do so as the Project completes the regulatory review process and, if Project approvals are received, into the construction and operational phases of the Project.
For a detailed chronological summary of engagement with Splats’in First Nation to date, refer to Volume 3B of the Facilities Application and Consultation Updates 1 through 4, submitted to the NEB as referenced in the Concordance Table for NEB Filings in Appendix D. Trans Mountain is committed to ongoing engagement with Splats’in First Nation and in compliance with NEB Condition 96 and NEB Condition 146, Trans Mountain will report on it’s engagement activities with Splats’in First Nation throughout construction and for each of the first five years after commencing operations.
2.66.3 Routing and Construction Splats’in First Nation does not have an IR that is crossed by the TMPL corridor or the proposed TMEP corridor.
2.66.4 Regulatory Splats’in First Nation did not participate in the NEB Hearing Process.
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2.67 Spuzzum First Nation 2.67.1 Overview Spuzzum First Nation is an Aboriginal group identified by Trans Mountain as a community that has an interest in the Project or has Aboriginal interests potentially affected by the Project. As identified by the BC EAO in the Section 11 Order, Spuzzum First Nation is an Aboriginal group having asserted or determined Aboriginal rights, including title, and treaty rights. Spuzzum First Nation is a member of the Nlaka'pamux Nation Tribal Council.
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2.67.1.1 Spuzzum First Nation Traditional Territory Spuzzum First Nation has not provided a traditional territory map to Trans Mountain. Nlaka'pamux Nation Tribal Council, of which Spuzzum First Nation is a member, has provided the following traditional territory map to Trans Mountain.
Figure 2-79 Nlaka'pamux Nation Tribal Council Traditional Territory Page 2 - 343
Source: Nlaka'pamux Nation Tribal Council 2013
Trans Mountain Pipeline ULC Aboriginal Engagement Report Trans Mountain Expansion Project July 2016
The TMPL and proposed TMEP corridors transect the traditional territory of the Nlaka'pamux Nation Tribal Council. The following TMPL and proposed TMEP facilities are located within the asserted traditional territory of the Nlaka'pamux Nation Tribal Council, of which Spuzzum First Nation is a member:
• Kamloops Terminal;
• Stump Station;
• Kingsvale Station; and
• Hope Station.
Spuzzum First Nation has not expressed concerns regarding engagement, TLU, land and marine environment, socio-economic interests, spills, routing and construction, or regulatory processes.
The following section summarizes Spuzzum First Nation Issues Summary and Resolution Table. For further detail, refer to the Issues Summary and Resolutions Table for Spuzzum First Nation included in Appendix H.
2.67.2 Engagement Activity Trans Mountain provided the Project notification letter to Spuzzum First Nation on May 29, 2012. Trans Mountain has continued to share Project information with Spuzzum First Nation and will continue to do so as the Project completes the regulatory review process and, if Project approvals are received, into the construction and operational phases of the Project.
For a detailed chronological summary of engagement with Spuzzum First Nation to date, refer to Volume 3B of the Facilities Application and Consultation Updates 1 through 4, submitted to the NEB as referenced in the Concordance Table for NEB Filings in Appendix D. Trans Mountain is committed to ongoing engagement with Spuzzum First Nation and in compliance with NEB Condition 96 and NEB Condition 146, Trans Mountain will report on it’s engagement activities with Spuzzum First Nation throughout construction and for each of the first five years after commencing operations.
2.67.3 Routing and Construction Spuzzum First Nation does not have an IR that is crossed by the TMPL corridor or the proposed TMEP corridor.
2.67.4 Regulatory Spuzzum First Nation did not participate in the NEB Hearing Process.
2.68 Squamish Nation 2.68.1 Overview Squamish Nation is an Aboriginal group identified by Trans Mountain as a community that has an interest in the Project or has Aboriginal interests potentially affected by the Project. As identified by the BC EAO in the Section 11 Order, Squamish Nation is an Aboriginal group having asserted or determined Aboriginal rights, including title, and treaty rights.
Squamish Nation is a Coast Salish Band located in Metro Vancouver and the Squamish Valley (Metro Vancouver 2012a). As of 2013, the total population of Squamish Nation was 4,062 people, of which 3,510 live on IRs and 1,652 live off IRs (AANDC 2013a) making Squamish Nation the largest First Nation in Metro Vancouver (Metro Vancouver 2012a). There are 23 Squamish Nation IRs (AANDC 2012). The main IRs are the Mission, Capilano and Seymour IRs located in Metro Vancouver (Metro Vancouver 2012a). Band headquarters are located on the Seymour IR (Squamish Nation 2008). Squamish Nation is in stage three of six of the Treaty Process (BC Treaty Commission 2009).
The asserted traditional territory of Squamish Nation is located on the Lower Mainland of BC, and extends from Point Grey in the south to Roberts Creek in the west, north to the Elaho River headwaters (including
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all of the islands in Howe Sound and the entire Squamish Valley and Howe Sound watershed), then southeast to the confluence of the Soo and Green Rivers north of Whistler, and south down to the Port Moody area (including the entire Mamquam River and Indian Arm watersheds), and finally west out to Point Grey (Squamish Nation 2001, 2008). Squamish Nation’s asserted traditional territory covers a land base of approximately 673,540 hectares (Squamish Nation 2001). It includes the Cities of Vancouver, Burnaby, New Westminster, North Vancouver, West Vancouver, Port Moody and all of the District of Squamish and the Municipality of Whistler. Howe Sound, Burrard Inlet and English Bay as well as the rivers and creeks that flow into these were also part of the Squamish Nation Traditional Territory (Squamish Nation 2008). The Squamish Nation has a Xay Temixw (Sacred Land) Land Use Plan which was written with the intention of protecting and managing the Nation’s land for the benefit of existing and future generations (Squamish Nation 2008). The Plan defines a Forest Stewardship Zone, sensitive areas, restoration areas, and Kwa kwayx welh-aynexws (Wild Spirit Places), as well as economic development priorities (Squamish Nation 2008).
An overview of the Squamish Nation is provided in Table 2.68-1.
TABLE 2.68-1
SQUAMISH NATION – OVERVIEW
Band Population Tribal Affiliation Traditional Language Traditional Cultural Practices Total: 4,062 None Squamish Traditional crafts Hunting On IRs: 3,510 Fishing Seafood gathering Off IRs: 1,652 Plant gathering Trapping Sources: AANDC 2012, 2013a, Squamish Nation 2008, Statistics Canada 2012, Traditions Consulting Services Inc. 2015. Notes: Certain information was sourced from Aboriginal community participation in Project-specific biophysical field studies and/or socio-economic interviews.
Harvesting resources has and continues to be an important component to Squamish Nation cultural identity and heritage (Traditions Consulting Services Inc. 2015). Salmon in particular is an important food, economic good and component of Squamish Nation members’ spiritual connection to the environment (PGL Environmental Consultants 2015b). Squamish Nation has supported salmon stream enhancement and habitat restoration efforts in the Greater Vancouver and Howe Sound areas, and has partnered with various jurisdictions and organizations to do so. However, Squamish Nation use of lands and water in Howe Sound, Burrard Inlet, Indian Arm and the lower Fraser River continues to be constrained by government policy and urban and industrial development (Traditions Consulting Services Inc. 2015).
Key Project-related issues raised by Squamish Nation identified in written evidence (PGL Environmental Consultants 2015b, c, d) include:
• change in water quality, which could impact marine and terrestrial species, Squamish Nation members’ connection to the land and their health;
• change in air quality, which could impact marine and terrestrial species, impact Squamish Nation members’ hunting and trapping activities, their connection to the land and their health;
• changes in land use and access to cultural and sacred sites;
• limitations to other development opportunities on Squamish Nation territory; and
• impacts on cultural practices, Squamish Nation governance and the ability to transmit their knowledge.
Squamish Nation has expressed concerns regarding engagement, traditional land and marine use, land and marine environment, socio-economic interests, spills, and regulatory processes. No concerns were expressed by Squamish Nation regarding routing and construction.
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2.68.1.1 Squamish Nation Traditional Territory Figure 2-80 Squamish Nation Traditional Territory Page 2 - 346
Source: AANDC 2013b
Trans Mountain Pipeline ULC Aboriginal Engagement Report Trans Mountain Expansion Project July 2016
The TMPL and proposed TMEP corridors transect the traditional territory of Squamish Nation. The following TMPL facility is located within the traditional territory of Squamish Nation:
• Westridge Marine Terminal.
The following section summarizes Squamish Nation Issues Summary and Resolution Table. For further detail, refer to the Squamish Nation Issues Summary and Resolution Table included in Appendix H.
2.68.2 Engagement Activity Trans Mountain provided the Project notification letter to Squamish Nation on May 29, 2012. Trans Mountain has continued to share Project information with Squamish Nation and will continue to do so as Project planning continues and if Project approvals are received, into the construction and operational phases of the Project. Squamish Nation has advised Trans Mountain that it does not wish to engage directly with Trans Mountain on the basis that they believe that consultation and accommodation is a Crown duty and cannot be delegated to the Proponent.
A letter from Squamish Nation dated June 2, 2013, was received by Trans Mountain advising that Squamish Nation did not want to enter into a formal LOU with Trans Mountain.
Squamish Nation is concerned about the potential effects of the proposed Project infringing on their rights, particularly from a spill of diluted bitumen in their traditional territory and the long-term effects this would have on Squamish Nation. Squamish Nation has also noted a lack of meaningful engagement by both Trans Mountain and the Crown throughout the NEB process. Trans Mountain has offered to meet with Squamish Nation to address its concerns regarding the Project directly. Trans Mountain will continue to share Project-related information with Squamish Nation.
For a detailed chronological summary of engagement with Squamish Nation to date, refer to Volume 3B of the Facilities Application and Consultation Updates 1 through 4, submitted to the NEB as referenced in Appendix B. Trans Mountain is committed to ongoing engagement with Squamish Nation and in compliance with NEB Condition 96 and NEB Condition 146, Trans Mountain will report on it’s engagement activities with Squamish Nation throughout construction and for each of the first five years after commencing operations.
2.68.3 TLU/TMU As part of their written evidence, Squamish Nation submitted TLU information confidentially to the NEB. Trans Mountain responded to Squamish Nation confidentially.
Squamish Nation conducted a third-party TLU report, which was submitted to the NEB on May 27, 2015 as written evidence.
Squamish Nation is concerned that the Project has the potential to interrupt TLU activities, particularly in regards to sacred waters (including wetlands and underground aquifers) in their traditional territory and salmon harvesting activities. Several areas within Squamish Nation traditional territory were noted as being of particular concern:
• Xépxpayay (East Vancouver);
• Skwachýs region that connects to Temtemíxwtn (waterbody);
• Howe Sound;
• Burrard Inlet;
• Deer Lake;
• Burnaby Lake; and
• Buntzen Lake.
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Trans Mountain replied through Squamish Nation Information Request No. 2 that the proposed pipeline corridor does not cross any watercourses within Squamish Nation Territory. Additionally, Trans Mountain states that in the Lower Mainland, the intention is to cross all fish-bearing watercourses inside the proposed least risk biological window. Least risk biological windows are chosen to avoid key spawning periods, and all instream habitat is restored to pre-construction conditions and to avoid effects to spawning fishes in the Lower Mainland.
Trans Mountain acknowledges that many of Squamish Nation’s concerns regarding potential Project effects to salmon harvesting rights and protection of culturally important waters will be further addressed through several NEB Conditions. NEB Condition 43 requires Trans Mountain to file a Watercourse Crossing Inventory prior to construction that considers TLU and TEK information in developing the watercourse crossing designs and spawning surveys have been completed at appropriate sites. NEB Condition 98 requires Trans Mountain to file an Aboriginal Group Participation in Construction Monitoring Plan prior to construction and will describe participation by Aboriginal groups in monitoring activities during construction for the protection of TLU for the pipeline and facilities and TMU use at the Westridge Marine Terminal and NEB Condition 72 requires Trans Mountain to file an updated Project-specific Pipeline EPP for the construction of the pipeline.
Trans Mountain states that contamination of surface water resulting from aquifer contamination in the event of an accidental spill is unlikely to occur. In order for surface water to become contaminated, contaminated groundwater must reach the ground or seep directly into a waterbody. Trans Mountain has responded to effects to groundwater and wetlands through NEB Condition 94 which requires Trans Mountain to file Consultation Reports pertaining to Protection of Municipal Water Sources prior to construction, NEB Condition 130 which requires Trans Mountain to file a Groundwater Monitoring Program prior to construction. Trans Mountain has committed to implement an Aquifer, Groundwater, Emergency Response Plan and Remedial Action Plan with the NEB prior to construction. NEB Condition 41 requires Trans Mountain to file a Wetland Survey and Mitigation Plan prior to construction, with consultation estimated to commence in August 2016.
A number of NEB Conditions require Trans Mountain to file reports that will monitor Project-related impacts to traditional land and marine resource use, including NEB Condition 96 and 146 which require reports on engagement activities with Aboriginal groups during construction and operations.
Squamish Nation is concerned about burial sites not being protected under the Archaeological Branch or under the Graveyard and Cemetery Act and that the Project may affect their long house tradition and the interrelated use of land, waters and streams for cultural and spiritual purposes.
Trans Mountain will follow any conditions or recommendations identified in the permit for the AIA for BC. In the event archaeological, palaeontological or historical sites are discovered during construction, Trans Mountain will follow the contingency measures identified in the Heritage Resources Discovery Contingency Plan (Appendix B of Volume 6B). Further discussion is provided under heritage resources in Section 7.2.1.
Trans Mountain will develop and implement an environmental education program to ensure that all personnel working on the construction of the Project are informed of the location of known sacred sites and burial sites. All sensitive resources identified on the Environmental Alignments Sheets and environmental tables within the immediate vicinity or the right-of-way will be clearly marked before the start of clearing.
Squamish Nation is also concerned about loss of access to Squamish Nation territory (ancestral village sites in Howe Sound, burial grounds on Keats Island) and navigable waters from increased shipping from the Project (Burrard Inlet), or from an accident or malfunction associated with the Project, which would be devastating to Squamish Nation’s way of life and would put Squamish Nation culture at risk.
Trans Mountain responded to this concern, stating that the existing shipping lanes are used by marine vessel traffic for recreational, commercial, tourism and passenger transit on a daily basis. The expected increased Project-related marine vessel traffic is not anticipated to pose a capacity problem for the internationally regulated shipping lanes. Additionally, Project tankers shall use the common shipping lanes, already used by all large commercial vessels for passage between the Pacific Ocean and Vancouver Fraser Port Authority. Trans Mountain is supportive of BC’s 5 Conditions and the work of the Federal TSEP that is assessing Canada’s oil spill response regime.
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Several Conditions address Squamish Nation’s concerns regarding effects of increased shipping or from an accident or malfunction on Squamish Nation lands including NEB Condition 3 which requires Trans Mountain to implement all of the policies, practices, programs, mitigation measures, recommendations and procedures for the protection of the environment. NEB Condition 134 requires Trans Mountain to file an Updated Tanker Acceptance Standards prior to construction, NEB Condition 136 requires Trans Mountain to complete Full-Scale Emergency Response Exercises prior to operations, NEB Condition 131 requires Trans Mountain to file a Marine Public Outreach Program prior to construction.
2.68.4 Land and/or Marine Environment Squamish Nation is concerned about the effects of dredging around the Westridge Marine Terminal for fish and fish habitat, including re-suspension of contaminants.
Trans Mountain responded through Squamish Nation Information Request No. 2, stating that if dredging is required, detailed sampling will be conducted in the dredge area to characterise sediment chemistry and sediment plume modelling will be employed to determine the extent and magnitude of TSS generated during dredging. These analyses will aid selection of appropriate mitigation measures. NEB Condition 81 requires Trans Mountain to file a Westridge Marine Terminal EPP prior to construction.
Squamish Nation is concerned that its rehabilitation of marine and terrestrial environments in both Howe Sound and Burrard Inlet (within the Project area) will be undermined by the Project.
Trans Mountain replied through Squamish Nation Information Request No. 2, stating that Howe Sound is neither on the proposed pipeline route nor the shipping route between the Westridge Marine Terminal and the Pacific Ocean.
Trans Mountain has also responded to Squamish Nation’s concerns regarding effects to the rehabilitation of marine and terrestrial environments in the Burrard Inlet through NEB Condition 81 which requires Trans Mountain to file a Westridge Marine Terminal EPP prior to construction, NEB Condition 136 which requires Trans Mountain to complete Full-Scale Emergency Response Exercises prior to operations and NEB Condition 90 which requires Trans Mountain to file a Consultation on Improvements for its Emergency Response Plan prior to construction.
Squamish Nation is concerned about the potential for seismic activity and the effect it could have on all aspects of the Project including equipment failure at Burnaby Mountain Terminal, the pipeline and the Westridge Marine Terminal, and any resulting effects to Squamish Nation.
A number of NEB Conditions require Trans Mountain to file reports that will monitor Project-related impacts associated with seismic activity and associated ground displacement hazards, including NEB Condition 16 which requires a Quantitative Geohazard Frequency Assessment, NEB Condition 66 which requires a Risk Management Plan for geohazards, NEB Condition 68 which requires seismic reporting regarding liquefaction potential, NEB Condition 69 which requires filing of fault studies, NEB Condition 51 which requires a field changes manual for geohazard mitigation and NEB Condition 70 which requires reporting on rationale regarding strain-based design.
Squamish Nation is concerned about the effects to marine mammals, particularly the killer whale as it is a species at risk. Trans Mountain responded to the risk of ship-strike mortality on killer whale populations. Trans Mountain committed to include regular updates on the status of the collaborative marine transportation initiatives including a summary of all consultation activities to date and planned next steps within its Marine Mammal Protection Program (NEB Condition 132). Trans Mountain is interested in supporting and participating in a joint industry-government advisory group charged with developing effective mitigation measures to reduce potential effects of underwater noise on marine mammals in the region. NEB Condition 132 requires Trans Mountain to develop and file a Marine Mammal Protection Program that focuses on effects from the operations of Project-related marine vessels.
Trans Mountain is also participating in Port Metro Vancouver’s ECHO program which aims to examine current levels of underwater noise in the Strait of Georgia and the surrounding area, considers options and mitigation measures for reducing effects on marine mammals, and engage in international initiatives and efforts (e.g., the International Quiet Oceans Experiment) to develop thresholds, guidelines and measures for mitigating underwater noise effects for the maritime industry as a whole.
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2.68.5 Socio-Economic Interests Squamish Nation is concerned about loss or threat to its marine based economic interests and business properties from the Project.
Trans Mountain will consult with Aboriginal groups in advance of its filings in compliance with NEB Condition 13, which requires Trans Mountain to file a Socio-Economic Effects Monitoring Plan. Consultation on NEB Condition 13 is estimated to commence in August 2016. Trans Mountain will include rationale for the inclusion of information received from Aboriginal groups in its filing and will issue a response letter to Aboriginal groups with the same information at the time of filing as per the Condition. Squamish Nation was invited to attend a workshop on September 9, 2015 to provide feedback on the development of the Socio- Economic Plan. Squamish Nation did not participate.
2.68.6 Spills Squamish Nation is concerned with the lack of an adequate spill response plan to sufficiently respond to an oil spill, particularly in aquatic environments, that will have an affect on the already declining salmon populations.
In the event that an emergency occurs, KMC will invite the directly affected Aboriginal groups to participate in Unified Command to cooperatively develop and execute the incident action plans. In mid-2017, Trans Mountain will compile all input and feedback received from Aboriginal groups to draft the elements, plans and supplemental documents associated with the enhanced EMP. Additionally, in 2018, Trans Mountain will conduct another series of regional workshops in each of the four KMC districts to present the enhanced draft EMP and identify how input and feedback gathered through consultation was considered, and where appropriate, incorporated in the enhanced draft EMP. Aboriginal groups will have the opportunity to provide further feedback on the enhanced draft EMP prior to Trans Mountain filing its Emergency Response Plans with the NEB, in compliance with NEB Condition 125 and 126 at least six months prior to commencing operations. In compliance with NEB Condition 117, Trans Mountain will report on improvements to the EMP at least two years and one year prior to commencing operations (estimated operations start date: December 2019).
Squamish Nation is concerned with the lack of commitment from Trans Mountain to provide suitable drinking water for Squamish Nation in the event of contamination, or the identification where surplus capacity could come from.
In the event of a spill originating from the TMPL system that contaminates drinking water, Trans Mountain will provide an alternate source(s) of drinking water for the period of time during which contamination exists. NEB Condition 94 requires Trans Mountain to file Consultation Reports pertaining to Protection of Municipal Water Sources prior to construction.
2.68.7 Routing and Construction Squamish Nation does not have an IR that is crossed by the TMPL corridor or the proposed TMEP corridor.
Squamish Nation did not express concerns regarding routing and construction.
2.68.8 Regulatory Permits obtained through the NEB Pipeline Application and required by the Forest and Range Practices Act, the Heritage Conservation Act, and the Water Sustainability Act, will provide further opportunity for engagement with regards to concerns identified by Squamish Nation.
Squamish Nation is concerned about the NEB process, the unilateral development of that process, and the resulting inability of that process to meaningfully or adequately assess Project effects on Squamish Nation rights and title, or develop appropriate measures to avoid, mitigate, or accommodate effects on the same.
Squamish Nation is concerned about the lack of cross examination of Trans Mountain at the NEB hearing. Additionally, Squamish Nation is concerned that the NEB did not respect Squamish Nation’s request that
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