CA PDF Page 1 of 12 Energy East Pipeline Ltd. Energy East Project Consolidated Application Volume 10: Aboriginal Engagement Appendix 10-63A Aroland, Constance Lake, and Ginoogaming First Nations’ Collective: Community Summaries May 2016 CA PDF Page 2 of 12 Energy East Pipeline Ltd. Appendix Vol 10-63A Consolidated Application Aroland, Constance Lake and Ginoogaming First Nations’ Volume 10: Aboriginal Engagement Collective: Community Summaries 1.0 COMMUNITY SUMMARY – AROLAND, CONSTANCE LAKE AND GINOOGAMING FIRST NATIONS’ COLLECTIVE The following summaries detail the Project-related interests and concerns raised by Aroland, Constance Lake, and Ginoogaming First Nations Collective (formerly Matawa First Nations Tribal Council) during engagement activities within the period from April 1, 2013 to December 31, 2015. 1.1 April 1, 2013 to April 18, 2014 Matawa First Nations is a tribal council of nine northern Ontario First Nations located in the Nishnawbe Aski Nation (NAN) territory and operating as a non-profit corporation to provide technical and professional advisory services and programs to its member First Nations. A Board of Directors and a Chiefs’ Council govern the corporation with representatives from each represented community. These communities are Aroland First Nation, Constance Lake First Nation, Ginoogaming First Nation, Long Lake 58 First Nation, Eabametoong First Nation, Marten Falls First Nation, Neskantaga First Nation, Nibinamik First Nation and Webequie First Nation. Communities under Matawa First Nations for the purpose of engaging with the Energy East Pipeline Project include: Aroland First Nation Constance Lake First Nation Ginoogaming First Nation In April 2013, a representative of the Energy East Aboriginal engagement team sent an email to the Chief Executive Officer (CEO) for Matawa First Nations tribal council requesting a meeting to discuss the proposed Energy East Project and share information. At a June 2013, meeting, Energy East shared project information with the Matawa First Nations tribal council CEO. In July 2013, a Matawa First Nations consultant emailed an Energy East representative and stated that a regional approach under Matawa Tribal Council was under review. Following the initial meetings with the Matawa First Nations engaging under the collective (see community summaries for Aroland First Nation, Ginoogaming First Nation and Constance Lake First Nation) notifications and mailouts from this point are communicated through the consultant as per the Matawa First Nations collective approach. In August 2013, Energy East received a Traditional Knowledge (TK) and engagement proposal from the consultant representing Matawa First Nations. In September 2013, Energy East discussed the Energy East engagement budgets, project information sharing and community meetings with the consultant for May 2016 Page 1 of 11 CA PDF Page 3 of 12 Appendix Vol 10-63A Energy East Pipeline Ltd. Aroland, Constance Lake and Ginoogaming First Nations’ Consolidated Application Collective: Community Summaries Volume 10: Aboriginal Engagement Matawa First Nations. The Letter of Agreement (LOA) regarding the initial engagement process between Energy East and Matawa First Nations and Band Council Resolutions (BCR) delegating authority from the individual First Nations to the Matawa First Nations to engage with Energy East on their behalf were discussed. The consultant advised that he would follow up with the LOA. In November 2013, Energy East received all three LOAs and the accompanying BCRs confirming that Matawa First Nations would be engaging on the Project on behalf of member communities Ginoogaming, Constance Lake and Aroland First Nation. In November 2013, the Matawa First Nations consultant emailed a request for mapping and Geographic Information System (GIS) map files in advance of the next Energy East Pipeline project meeting. Energy East confirmed that the request had been forwarded to the appropriate contact and informed the consultant that the next phase in the Project would include a multi-year consultation agreement. In December 2013, the Matawa Tribal Council collective entered into dialogue with Energy East to establish meetings discussing the energy requirements for Energy East Project pump stations. The Matawa First Nations raised issues during engagement that included: access to mapping TK information collection protection of land and water access to technical support funding, regulatory support funding TK support funding community liaison support funding In December 2013, a call was held between the Energy East Aboriginal engagement team member and the community consultant to discuss power requirements. The consultant was concerned that Energy East would begin with the engineering solution for power without First Nations' input and it would then be too late to collaborate with First Nations. Energy East advised that dialogue with the Ontario Energy Board (OEB) and Hydro One Networks regarding the Project’s energy requirements were underway and that Energy East, as the customer, would rely on the provincial processes regarding power development. The consultant expressed the lack of consultation on the energy issue and requested a meeting with TransCanada’s power personnel. The consultant indicated that a letter would also be forwarded to the Premier of Ontario, OEB and Hydro One networks. Following this phone call, a TransCanada senior executive received a letter from the Chiefs of Aroland, Ginoogaming and Constance Lake First Nations to request consultation on the Energy East Pipeline Project before its National Energy Board (NEB) submission. The letter intended to make the Project aware that the three Page 2 of 11 May 2016 CA PDF Page 4 of 12 Energy East Pipeline Ltd. Appendix Vol 10-63A Consolidated Application Aroland, Constance Lake and Ginoogaming First Nations’ Volume 10: Aboriginal Engagement Collective: Community Summaries First Nations have expressed interest to provide the necessary power infrastructure to support the proposed Project and a further meeting was necessary. The Chiefs affirmed the interest to collaborate and leverage the substantial electricity requirements of pump stations in their territory and the possibility of joint-business arrangements to facilitate finance, construction and operation of transmission line services and support the development of additional renewable energy generation. In December 2013, the Matawa First Nations consultant requested detailed maps as soon as possible, shape files compatible with ArcGIS software, detailed map images of the existing pipeline infrastructure, transmission line connections and proposed pipeline infrastructure, including pump stations and proposed transmission line infrastructure. In January 2014, the Matawa collective met with Energy East to discuss the energy requirements for the proposed pump stations. Following this meeting it was agreed to collaborate on a solution to the power requirements for the pump stations along the Highway 11 corridor. Communications and Engagement Funding Agreement (CEFA) negotiations occurred from December 2013 to March 2014. The CEFA is designed to provide funding to the First Nation to meaningfully participate in the engagement process. In February 2014, an email was received from the Matawa First Nations consultant regarding the CEFA workplan and budget, advising that an amended proposal was forthcoming. The consultant advised that they were in discussion with Brookfield Power. The Matawa Collective consultant and Energy East agreed to a workplan and budget for the CEFA in March 2014. Discussions on the CEFA agreement language continued from March 2014 through April 2014 and are currently ongoing. Issues discussed during CEFA negotiations included pipeline integrity, Stage 1 Archaeological investigations on new disturbances and access to pipeline integrity work schedules and Aboriginal monitors during integrity work programs. In early April 2014, Energy East introduced the community consultant to a member of the Aboriginal Contracting and Employment Team. 1.2 April 19, 2014 to August 31, 2014 In April 2014, Energy East received BCRs for the communities of Ginoogaming and Constance Lake for their LOAs. In May 2014, Energy East and Matawa First Nations discussed directing capacity funding to the communities for engagement activities. At a meeting in May 2014 with Brookfield Power, Matawa First Nations and Energy East, May 2016 Page 3 of 11 CA PDF Page 5 of 12 Appendix Vol 10-63A Energy East Pipeline Ltd. Aroland, Constance Lake and Ginoogaming First Nations’ Consolidated Application Collective: Community Summaries Volume 10: Aboriginal Engagement options for providing power to the Project in partnership with local First Nations were discussed. Energy East and Matawa First Nations continued to communicate regarding the CEFA and the TK study for the Project and the finalized CEFA, LOA and BCRs were received in June 2014. In June 2014, Energy East met with Matawa First Nations and provided an update on the Project and the NEB process. Matawa First Nations requested a list of potential opportunities for Ginoogaming First Nation to provide services, including medical supplies, camps, emergency services and cleaning. Between April 19 and August 31, 2014, Matawa First Nations did not raise additional Project-related issues or concerns through its engagement activities with Energy East. Prior to the last quarter of 2014, the three First Nations were working collectively through Matawa First Nations