CA PDF Page 1 of 20 Energy East Pipeline Ltd. Consolidated Application Section 2 Volume 10: Aboriginal Engagement Design and Scope 2.0 DESIGN AND SCOPE The Aboriginal engagement program was developed and is continuously adapted according to the nature, location and potential effects of the Project, and the interests and concerns of First Nation and Métis communities and organizations. While the underlying principles remain the same, the purpose, scope and degree of engagement vary according to the potential for effects and interests of each Aboriginal group. Factors that influenced the Aboriginal engagement program design include the: Project components geographic location of the Project First Nation and Métis communities and organizations that could potentially be affected by or interested in the Project The Aboriginal engagement program respects and, to the extent practicable, follows the traditions and protocols specific to each Aboriginal group. Although Energy East typically engages with First Nation and Métis communities individually, some Aboriginal groups prefer to be represented by a tribal council1 or a provincial-territorial organization.2 When directed to do so, Energy East communicates directly with the identified organization. The Aboriginal engagement program is designed to provide First Nation and Métis communities and organizations with opportunities to: provide information relevant to the Project receive and discuss Project information ask questions and request more detailed information in areas of interest identify and communicate interests and concerns Energy East works collaboratively with First Nation and Métis communities and organizations to address Project-related concerns through Project design or operational changes where practicable, and provides information on how their input influenced Project design changes. Energy East discusses with First Nation and Métis communities and organizations proposed measures to avoid, mitigate, or otherwise manage potential effects of the Project. 1 Tribal Council is defined as: A group of First Nations with common interests who have voluntarily joined together to provide services to member First Nations. Aboriginal Affairs and Northern Development Canada website 2014: http://www.aadnc-aandc.gc.ca/eng/1386290996817/1386291051138. 2 Provincial-territorial organization is defined as: A federally recognized and federally funded entity that represents a group of First Nations communities or organizations in a defined regional context. May 2016 Page 2-1 CA PDF Page 2 of 20 Energy East Pipeline Ltd. Section 2 Consolidated Application Design and Scope Volume 10: Aboriginal Engagement 2.1 SCOPE Spanning six provinces, the Project is a substantial undertaking. Numerous First Nation and Métis communities and organizations have expressed an interest and a desire to learn more about the Project’s scope, routing, facilities and potential environmental and socio-economic effects. The Aboriginal engagement program is designed to foster productive dialogue and exchange of information with the communities and organizations with an interest in the Project. While many of the engagement activities are similar in the different provinces and overall Project information is consistent, specific regional information is provided to each First Nation and Métis community and organization describing the applicable Project components – either conversion, or new pipeline and associated facilities. Newsletters, email messages, materials, displays and open house materials are provided in English or French, depending on preferences. 2.2 INITIAL DETERMINATION OF POTENTIALLY INTERESTED ABORIGINAL GROUPS To identify an initial list of First Nation and Métis communities, Energy East conducted desktop research to assess the proximity of the Project area to: reserves under the Indian Act, Métis settlements or Métis communities lands publicly identified as or associated with treaties, treaty land entitlement (TLE), comprehensive or specific claims, or other lands to which a First Nation seeks reserve designation under the Policy on Additions to Reserve and Reserve Creation3 areas previously identified by First Nation and Métis communities or organizations as lands used by their members for traditional activities such as hunting, fishing or harvesting activities, or potential areas of sacred and spiritual importance Energy East also identified the Métis regional boundaries of the areas crossed by the pipeline. Further research was completed by reviewing publicly available reference materials, and federal and provincial government maps, and discussing the preliminary findings with TransCanada’s experienced and established network of regional contacts. The Project crosses a number of treaty territories from Alberta to eastern Canada, and Indian Reserve Assiniboine 76 (Carry The Kettle First Nation) in Saskatchewan along 3 Aboriginal Affairs and Northern Development Canada website 2014: http://www.aadnc-aandc.gc.ca/eng/1332267668918/1332267748447. Page 2-2 May 2016 CA PDF Page 3 of 20 Energy East Pipeline Ltd. Consolidated Application Section 2 Volume 10: Aboriginal Engagement Design and Scope the conversion segment. The Project also crosses a number of Métis regions throughout the country. Energy East identified First Nation and Métis communities located in an approximate 200 km zone and organizations with an interest in the 200 km zone along the Project (see Figure 2-1). First Nation and Métis communities within 50 km of either side of the Project (or 100 km zone) were identified as potentially affected communities. The process of identification and organization of neighbouring, proximate and notified First Nation and Métis communities and organizations is ongoing and will continue throughout the Project. The following sections outline the rationale and criteria for initial identification of First Nation and Métis communities and organizations. 200 km Zone 100 km Zone 50 km Zone Notified Proximate Neighbouring Neighbouring Proximate Notified Project 50 – 100 km 25–50 km 0–25 km 0–25 km 25 – 50 km 50–100 km Figure 2-1: Aboriginal Engagement Zones for the Project May 2016 Page 2-3 CA PDF Page 4 of 20 Energy East Pipeline Ltd. Section 2 Consolidated Application Design and Scope Volume 10: Aboriginal Engagement 2.2.1 Neighbouring Aboriginal Groups Neighbouring First Nation and Métis communities are defined as communities located within 25 km of either side of the Project (or 50 km zone). This zone includes First Nations reserves, TLE lands, and where known, asserted traditional territories, geographically located in the 50 km zone. Métis regions crossed by the Project were included in this category. Some First Nations and Métis communities and organizations geographically outside the 50 km zone were classified as neighbouring Aboriginal groups because they have asserted traditional territories or established interests in the 50 km zone. Some neighbouring Aboriginal groups on the outer limits of the 50 km zone could be reclassified as proximate Aboriginal groups, depending on the anticipated extent of Project-related effects and known areas of exercise of rights and interests. Neighbouring Aboriginal groups are actively engaged by Energy East regarding the Project. Project representatives strive to meet face-to-face with these Aboriginal groups frequently (and on request) and closely monitor, track and respond to their requests, questions, comments, interests and concerns. Regular Project update presentations to Chief and Council or the relevant governing body of the Aboriginal group include one-on-one, face-to-face meetings with designated representatives and community meetings. Neighbouring Aboriginal groups have received and will continue to receive Project information packages and materials, and have been and will be offered resources to support their participation in the engagement process, including the opportunity to gather traditional knowledge. 2.2.2 Proximate Aboriginal Groups Proximate First Nation and Métis communities are defined as communities or organizations located beyond the 25 km distance from the Project to an approximate distance of 50 km on either side of the Project (or 100 km zone). These First Nation and Métis communities are not in the neighbouring zone, subject to potential reclassification as a neighbouring Aboriginal group. This Aboriginal engagement zone includes: Aboriginal groups with First Nation reserves, TLE lands, Métis communities, asserted traditional territories and treaty lands in the 100 km zone organizations, agencies and delegated engagement authorities with established Aboriginal interests in the 100 km zone The engagement approach with proximate Aboriginal groups is generally consistent with neighbouring Aboriginal groups during early stages. Proximate Aboriginal Page 2-4 May 2016 CA PDF Page 5 of 20 Energy East Pipeline Ltd. Consolidated Application Section 2 Volume 10: Aboriginal Engagement Design and Scope groups are actively engaged, and Project representatives strive to meet face-to-face with these groups frequently (and on request) and closely monitor, track and respond to their requests, questions, comments, interests and concerns. Regular Project update presentations to Chief and Council or the relevant governing body of the Aboriginal group include one-on-one, face-to-face meetings with designated representatives, and community meetings. These Aboriginal groups have received and will continue to receive Project information packages and materials,