166
Reply & Update Aboriginal Engagement ENBRIDGE NORTHERN GATEWAY PROJECT July 2012 Attachment 17 to Northern Gateway Reply Evidence

Reply & Update Aboriginal Engagement · 6.2.6 Gunn Métis Local #55 ... 6.6.3.2 Nak'azdli Band ... 6.9.11 Coastal First Nations/Turning Point Initiative/Great Bear Initiative

  • Upload
    lethuy

  • View
    215

  • Download
    0

Embed Size (px)

Citation preview

  • Reply & Update

    Aboriginal Engagement

    ENBRIDGE NORTHERN GATEWAY PROJECT

    July 2012

    Attachment 17 to Northern Gateway Reply Evidence

  • Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Table of Contents

    July 2012 Page i

    Table of Contents

    1 Introduction .................................................................................................... 1-1 2 Written Notices and Correspondence .............................................................. 2-1 3 Meetings and Events ...................................................................................... 3-1

    3.1 2011 Northern Gateway Business Summit ....................................................... 3-1 3.2 Oil Sands Tours ............................................................................................... 3-3 3.3 Aboriginal Leadership and Management Programs .......................................... 3-3 3.4 Careers in Industry Workshop .......................................................................... 3-3 3.5 Mtis Economic Summit ................................................................................... 3-3 3.6 Mtis Nation of British Columbia Technical Workshop ...................................... 3-4 3.7 Burns Lake Aboriginal Communities Working Group ........................................ 3-4 3.8 Technical Meetings .......................................................................................... 3-4 3.9 Community Advisory Board Meetings ............................................................... 3-4

    4 Aboriginal Economic Benefits Package ........................................................... 4-1 5 Procurement, Employment and Training Initiatives .......................................... 5-1 6 Engagement Updates ..................................................................................... 6-1

    6.1 Northeast Alberta Region ................................................................................. 6-1 6.1.1 Beaver Lake Cree Nation .............................................................................. 6-1 6.1.2 Whitefish Lake (Whitefish Lake First Nation #128) ....................................... 6-1 6.1.3 Saddle Lake (Saddle Lake Cree Nation) ....................................................... 6-3 6.1.4 Kehewin Cree Nation ..................................................................................... 6-7 6.1.5 Mtis Settlements General Council ............................................................... 6-8 6.1.6 Buffalo Lake Mtis Settlement ....................................................................... 6-8 6.1.7 Kikino Mtis Settlement ................................................................................. 6-8 6.1.8 Mtis Nation of Alberta Region 2 ................................................................... 6-9

    6.2 Edmonton Region .......................................................................................... 6-10 6.2.1 Enoch Cree Nation ...................................................................................... 6-10 6.2.2 Alexander (Alexander First Nation) ............................................................. 6-11 6.2.3 Mtis Nation of Alberta ................................................................................ 6-14 6.2.4 Mtis Regional Council Zone IV of the Mtis Nation of Alberta ................... 6-16 6.2.5 Grande Cache Mtis Local #1994 ............................................................... 6-17 6.2.6 Gunn Mtis Local #55 .................................................................................. 6-18 6.2.7 Yellowhead Tribal Council ........................................................................... 6-18

    6.3 Central Alberta Region ................................................................................... 6-18 6.3.1 Paul (Paul First Nation) ............................................................................... 6-18 6.3.2 Alexis Nakota Sioux Nation ......................................................................... 6-21 6.3.3 Maskwacis Cree Nation ............................................................................... 6-24

    6.3.3.1 Samson (Samson Cree Nation) .................................................. 6-24 6.3.3.2 Ermineskin Tribe (Ermineskin Cree Nation) ............................... 6-25 6.3.3.3 Louis Bull (Louis Bull Tribe) ........................................................ 6-26 6.3.3.4 Montana First Nation................................................................... 6-26

    Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Table of Contents

    Page ii July 2012

    6.3.4 Michel First Nation ....................................................................................... 6-28 6.4 Northwest Alberta Region ............................................................................... 6-28

    6.4.1 Lesser Slave Lake Indian Regional Council ................................................ 6-28 6.4.1.1 Sawridge (Sawridge First Nation) ............................................... 6-29 6.4.1.2 Swan River First Nation .............................................................. 6-29 6.4.1.3 Driftpile First Nation .................................................................... 6-31 6.4.1.4 Kapawe'no First Nation ............................................................... 6-34 6.4.1.5 Sucker Creek (Sucker Creek First Nation) ................................. 6-35

    6.4.2 Mtis Nation of Alberta Region 5 ................................................................. 6-37 6.4.3 Western Cree Tribal Council ....................................................................... 6-37

    6.4.3.1 Sturgeon Lake Cree Nation ........................................................ 6-38 6.4.3.2 Duncan's First Nation .................................................................. 6-40 6.4.3.3 Horse Lake First Nation .............................................................. 6-41

    6.4.4 Aseniwuche Winewak Nation ...................................................................... 6-44 6.4.5 Nose Creek Settlement................................................................................ 6-44 6.4.6 Mtis Nation of Alberta Region 6 (Region VI Regional Council, Mtis

    Nation of Alberta) ......................................................................................... 6-45 6.4.7 Valleyview Mtis Local #1929 ..................................................................... 6-47 6.4.8 Grande Prairie Mtis Local #1990 ............................................................... 6-47 6.4.9 East Prairie Mtis Settlement ...................................................................... 6-47

    6.5 Northeast British Columbia Region ................................................................. 6-48 6.5.1 Kelly Lake Cree Nation ................................................................................ 6-48 6.5.2 Kelly Lake First Nation ................................................................................. 6-50 6.5.3 Kelly Lake Mtis Settlement Society ........................................................... 6-50 6.5.4 Treaty 8 Tribal Association .......................................................................... 6-51

    6.5.4.1 Saulteau First Nations................................................................. 6-52 6.5.4.2 West Moberly First Nations ......................................................... 6-53

    6.6 Central British Columbia Region ..................................................................... 6-54 6.6.1 McLeod Lake (McLeod Lake Indian Band) .................................................. 6-54 6.6.2 Lheidli T'enneh First Nation (Lheidli T'enneh Band) .................................... 6-56 6.6.3 Carrier-Sekani Tribal Council ...................................................................... 6-57

    6.6.3.1 Saik'uz First Nation ..................................................................... 6-57 6.6.3.2 Nak'azdli Band ............................................................................ 6-58 6.6.3.3 Tl'azt'en Nation ........................................................................... 6-58 6.6.3.4 Takla Lake First Nation ............................................................... 6-59 6.6.3.5 Nadleh Whut'en First Nation ....................................................... 6-59 6.6.3.6 Stellat'en First Nation .................................................................. 6-60 6.6.3.7 Burns Lake Band (Ts'il Kaz Koh First Nation) ............................. 6-60 6.6.3.8 Wet'suwet'en First Nation ........................................................... 6-61

    6.6.4 Yekooche (Yekooche First Nation) .............................................................. 6-61 6.6.5 Lake Babine Nation ..................................................................................... 6-62 6.6.6 Skin Tyee Nation ......................................................................................... 6-63 6.6.7 Nee-Tahi-Buhn (Nee-Tahi-Buhn Indian Band) ............................................ 6-63 6.6.8 Cheslatta Carrier Nation .............................................................................. 6-64

    Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Abbreviations

    July 2012 Page iii

    6.7 Northwest British Columbia ............................................................................ 6-65 6.7.1 Office of the Wet'suwet'en ........................................................................... 6-65 6.7.2 Gitxsan Hereditary Chiefs ............................................................................ 6-67

    6.8 Mtis Nation British Columbia ........................................................................ 6-67 6.8.1 Prince George Mtis Community Association ............................................. 6-69 6.8.2 New Caledonia Mtis Association (New Caledonia Mtis Association

    [North Central Region]) ................................................................................ 6-69 6.9 Coastal British Columbia Region .................................................................... 6-69

    6.9.1 Kitsumkalum Band (Kitsumkalum First Nation) ........................................... 6-69 6.9.2 Kitselas (Kitselas First Nation) ..................................................................... 6-70 6.9.3 Kitamaat Village Council (Haisla Nation) ..................................................... 6-72 6.9.4 Hartley Bay Band (Gitga'at Nation).............................................................. 6-73 6.9.5 Kitasoo/Xai'xais Nation ................................................................................ 6-74 6.9.6 Heiltsuk Nation (Heiltsuk Tribal Council) ..................................................... 6-75 6.9.7 Gitxaala Nation (Kitkatla) ............................................................................. 6-76 6.9.8 Old Massett Village Council (Council of the Haida Nation)

    andSkidegate Band Council (Council of the Haida Nation) ......................... 6-76 6.9.9 Metlakatla First Nation ................................................................................. 6-77 6.9.10 Lax-Kw'alaams First Nation ......................................................................... 6-77 6.9.11 Coastal First Nations/Turning Point Initiative/Great Bear Initiative ............. 6-78

    Abbreviations

    AANDC .......................................... Aboriginal Affairs and Northern Development Canada AOA ............................................................................... Aboriginal Ownership Agreement ATK ............................................................................... Aboriginal Traditional Knowledge CAB ......................................................................................... Community Advisory Board CLAC ............................................................................ Christian Labour Union of Canada ESA ............................................................ environmental and socio-economic assessment JRP ......................................................................................................... Joint Review Panel LOI ................................................................................................................. letter of intent MNA ............................................................................................... Mtis Nation of Alberta MOU .................................................................................. Memorandum of Understanding Northern Gateway .................................................... Enbridge Northern Gateway Pipelines Project .......................................................................... Enbridge Northern Gateway Project RoW ..................................................................................................................right-of-way TLE .................................................................................................... treaty land entitlement TLU ........................................................................................................ traditional land use

    Attachment 17 to Northern Gateway Reply Evidence

  • Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 1: Introduction

    July 2012 Page 1-1

    1 Introduction This Reply and Update covers the period April 1, 2011 to June 30, 2012 and supplements the information provided by Northern Gateway Pipelines Limited Partnership (Northern Gateway) in:

    the May 2010 Application, Volume 5A, which was filed with the Joint Review Panel (JRP) on May 27, 2010;

    the June 2011 Update to the Application, Volume 5A, which was filed with the JRP on June 8, 2011; and

    Northern Gateway's response to JRP IR 10, which was filed with the JRP on June 7, 2012.

    In response to JRP IR 10.9, Northern Gateway provided an update on the status of various Aboriginal Traditional Knowledge (ATK) studies. In response to JRP IR 10.10 (A2T9F0), Northern Gateway provided a brief engagement update and a summary of oral and written evidence provided by Aboriginal groups to the JRP. Northern Gateway then provided its response to oral evidence presented at the community hearings, as well as its response to written traditional knowledge and personal experience evidence filed with the JRP (e.g., affidavits, maps, visual aids, written submissions and ATK studies). Northern Gateway provided each Aboriginal group with general comments and a summary response.

    The purpose of this Reply and Update is to provide a detailed update for each Aboriginal group with which Northern Gateway is engaged, including groups that provided evidence to the JRP. Although engagement activities after June 30, 2012 are not described, Northern Gateway's Aboriginal engagement program will be ongoing throughout all phases of the Project.

    Attachment 17 to Northern Gateway Reply Evidence

  • Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 2: Written Notices and Correspondence

    July 2012 Page 2-1

    2 Written Notices and Correspondence Northern Gateway continues to provide written notices to Aboriginal groups that identify key steps in the regulatory process. For sample versions of these notices, see Appendix A of this Reply and Update. Northern Gateway also provided additional written correspondence to various groups. For sample versions of this correspondence, see Appendix A of this Reply and Update.

    Attachment 17 to Northern Gateway Reply Evidence

  • Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 3: Meetings and Events

    July 2012 Page 3-1

    3 Meetings and Events Between April 1, 2011 and June 30, 2012, Northern Gateway communicated with Aboriginal groups by meeting with them in their communities or at mutually convenient locations. Updates for each Aboriginal group follow. These updates are not exhaustive. Informal contact between Northern Gateway representatives and Aboriginal group representatives also occurred at JRP community hearings, Community Advisory Board (CAB) meetings, and on other occasions. The subsection following provides information on key events that involved multiple groups.

    3.1 2011 Northern Gateway Business Summit On November 1, 2 and 3, 2011, Northern Gateway hosted the second Northern Gateway Aboriginal Business Summit (Business Summit) in Edmonton, Alberta, with a focus on business opportunities potentially available to Aboriginal groups in Alberta and British Columbia. The Business Summit was the second of its kind for Northern Gateway and was attended by Aboriginal groups representing 42 different Aboriginal communities (see Table 3-1) along the proposed right-of-way (RoW).

    The Business Summit, as described in the June 2011 Update to the Application, Volume 5A, Section 3.1.4.1, was held to:

    provide a forum for Aboriginal groups to learn about, and discuss, potential business opportunities related to construction and other services associated with the Project;

    foster a networking environment between Aboriginal groups and industry proponents to facilitate collaboration that would lead to businesses and joint ventures that could take advantage of procurement opportunities related to Project construction; and

    act on Northern Gateway's commitment to Aboriginal groups along the Project corridor to help build business capacity among Aboriginal groups and maximize their potential to compete for Project-related contracting opportunities.

    The Aboriginal groups and non-Aboriginal companies that attended the Business Summit provided positive comments, similar to those made after the first Business Summit. Some Aboriginal groups indicated that they had forged new relationships with established companies because of attending the Business Summit. Several mentioned that they had begun discussions to form joint ventures to pursue business activity and to prepare for future Project-related contracting opportunities.

    Before the second Business Summit and as a follow-up activity to the first Business Summit, Northern Gateway began assessing the capacity of Aboriginal communities along the proposed Project corridor. The purpose, as stated in the June 2011 Update to the Application, Volume 5A, is to determine what businesses exist in these communities and the interest of these businesses to explore business opportunities arising from the Project.

    A short video about the Business Summit, including interviews with some of the attendees, can be found on the Northern Gateway website (http://www.northerngateway.ca/aboriginal-engagement/business-summits/).

    Attachment 17 to Northern Gateway Reply Evidence

    http://www.northerngateway.ca/aboriginal-engagement/business-summits/http://www.northerngateway.ca/aboriginal-engagement/business-summits/

  • Aboriginal Engagement Reply & Update Section 3: Meetings and Events

    Page 3-2 July 2012

    Table 3-1 Northern Gateway Business Summit Attendees 1 Alexis Nakota Sioux Nation 2 Alexander (Alexander First Nation) 3 Aseniwuche Winewak Nation 4 Burns Lake Band (Ts'il Kaz Koh First Nation) 5 Buffalo Lake Metis Settlement 6 Cheslatta Carrier Nation 7 Driftpile First Nation 8 Duncan's First Nation 9 Enoch Cree Nation 10 Ermineskin Tribe (Ermineskin Cree Nation) 11 Gitxsan Nation 12 Horse Lake First Nation 13 Kapawe'no First Nation 14 Kehewin Cree Nation 15 Kelly Lake Cree Nation 16 Kelly Lake First Nation 17 Kikino Metis Settlement 18 Kitselas (Kitselas First Nation) 19 Kitsumkalum Band (Kitsumkalum First Nation) 20 Lake Babine Nation 21 Lheidli T'enneh First Nation (Lheidli T'enneh Band) 22 Louis Bull (Louis Bull Tribe) 23 McLeod Lake (McLeod Lake Indian Band) 24 Mtis Nation of Alberta 25 Mtis Nation of Alberta Region 2 26 Mtis Nation of Alberta Region 4 27 Mtis Nation of Alberta Region 5 28 Mtis Nation of Alberta Region 6 29 Mtis Nation British Columbia 30 Montana First Nation 31 Nee-Tahi-Buhn (Nee-Tahi-Buhn Indian Band) 32 Nose Creek Settlement 33 Paul (Paul First Nation) 34 Saddle Lake (Saddle Lake Cree Nation) 35 Samson (Samson Cree Nation) 36 Sawridge (Sawridge First Nation)

    Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 3: Meetings and Events

    July 2012 Page 3-3

    37 Skin Tyee Nation 38 Sturgeon Lake Cree Nation 39 Sucker Creek (Sucker Creek First Nation) 40 Tl'azt'en Nation 41 West Moberly First Nations 42 Whitefish Lake (Whitefish Lake First Nation #128)

    3.2 Oil Sands Tours In November 2011, Northern Gateway sponsored an Athabasca oil sands tour of Suncor's mining and extraction operations in Fort McMurray, Alberta, for six Aboriginal communities along the proposed RoW in British Columbia. The tour allowed participants to gain a greater understanding of the Athabasca oil sands and the progress being made by industry in extraction and transportation. A similar tour of the Oil Sands Discovery Centre was sponsored in November 2011 by Northern Gateway for the Gitxsan Hereditary Chiefs. The tour was provided to enable members of the Gitxsan Hereditary Chiefs to better understand the oil sands mining and in situ processes.

    In May 2012, Northern Gateway sponsored a tour of oil sands projects in the Athabasca Region of Northern Alberta for members of the McLeod Lake Indian Band. The tour was provided to enable members of the McLeod Lake Indian Band to better understand the oil sands mining and in situ processes.

    3.3 Aboriginal Leadership and Management Programs From January 2012 to May 2012, Northern Gateway provided Enbridge sponsorship funding for the Banff Centre's Aboriginal Leadership and Management programs to 15 leaders from Aboriginal communities in British Columbia near the proposed RoW. The purpose of these scholarships is to build leadership capacity in Aboriginal communities and to create sustained, self-determined social and economic development.

    3.4 Careers in Industry Workshop In February 2012, Northern Gateway participated with other natural resource companies and First Nations in the Burns Lake, British Columbia region in an employment workshop entitled, Careers in Industry. The purpose of the workshop was to provide local students and community members an opportunity to speak with human resource professionals in the natural resource industry in and around the Burns Lake region. The event was well attended, and plans are being developed to host another event of this type in the near future.

    3.5 Mtis Economic Summit In March 2012, Northern Gateway participated as a major sponsor in the Mtis Economic Summit in Grande Prairie, Alberta. The summit was organized by the Mtis National Council, the Mtis Nation of British Columbia and the Mtis Nation of Alberta. The summit was developed to provide an opportunity for Mtis community members to learn more about local commercial business opportunities. A Northern

    Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 3: Meetings and Events

    Page 3-4 July 2012

    Gateway executive provided a detailed presentation on the Project, which included a comprehensive overview of potential Project benefits and opportunities available to Mtis communities.

    3.6 Mtis Nation of British Columbia Technical Workshop In May 2012, Northern Gateway provided a two day technical workshop for representatives of the Mtis Nation of British Columbia in Richmond, British Columbia. The workshop was developed to enable regional presidents and vice-presidents of the Mtis Nation of British Columbia to better understand the Northern Gateway Project.

    3.7 Burns Lake Aboriginal Communities Working Group In June 2011, Northern Gateway established the Burns Lake Aboriginal Communities Working Group (Working Group) for the regions of Fort St. James and Burns Lake, British Columbia. The purpose of the Working Group is to develop strategies to maximize Aboriginal communities and their members' participation in business, economic and social opportunities relating to the development, construction and operation of the Project. Northern Gateway is also assisting the Working Group member First Nations with the development of training to employment programs.

    3.8 Technical Meetings Between April 1, 2011 and June 30, 2012, technical sessions or meetings were held with Aboriginal groups in the engagement area. Technical meetings focused on addressing Aboriginal groups' interests and concerns, which were identified during ATK studies and raised through the course of general engagement activities, including those issues and concerns identified in Attachment JRP IR 5.9 (A2E7Q2). Technical meetings were also held with Aboriginal groups who had not completed an ATK study to provide technical information and to address issues and concerns raised by the group surrounding the Project and, in other cases, to provide watercourse crossing technical meetings for Aboriginal groups that requested such meetings. For more details about the technical meetings, see the June 2011 Update to the Application, Volume 5A, Section 3.1.4.4.

    3.9 Community Advisory Board Meetings As described in the June 2011 Update to the Application, Volume 5A, Section 3.1.4.5 (also see the May 2010 Application, Volume 5A, Section 3.5.3 and Volume 4, Section 3.5.3), CAB meetings are an important aspect of the Northern Gateway Aboriginal and public consultation and engagement processes. CAB meetings are an example of diverse groups that support, oppose or are undecided about the Project (including Aboriginal groups) being able to come together to share varied viewpoints and experiences. The regional CAB meetings are designed to be an inclusive, respectful and safe process, where community voices can be heard concerning the Project. The CAB meetings are intended to be a place where ideas, not people, are challenged. Meaningful dialogue is encouraged, opportunities for learning are created, and mutually beneficial relationships - which respect the interests and integrity of all the parties involved in the CAB - are developed.

    Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 3: Meetings and Events

    July 2012 Page 3-5

    Although the CAB meetings are funded by Northern Gateway, the CAB meetings are facilitated by an independent and neutral facilitator.

    For detailed information on the CAB meetings that have taken place since the filing of the June 2011 Update to the Application, Volume 5A, see Section 3 of Northern Gateway's Public Consultation Reply and Update (July 2012).

    Attachment 17 to Northern Gateway Reply Evidence

  • Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 4: Aboriginal Economic Benefits Package

    July 2012 Page 4-1

    4 Aboriginal Economic Benefits Package Between April 1, 2011 and June 30, 2012, Northern Gateway used its Aboriginal engagement program as an avenue to continue discussions surrounding the Aboriginal Economic Benefits Package with eligible Aboriginal groups. For a list of Aboriginal groups who received a copy of the Aboriginal Economic Benefits Package, see the June 2011 Update to the Application, Volume 5A, Section 4.1. An Aboriginal Economic Benefits Package might include:

    an equity participation offer in the form of an Aboriginal Ownership Agreement (AOA);

    procurement, employment and training initiatives through the use of a Memorandum of Understanding (MOU) or other similar arrangement;

    access to a community investment fund; and

    access to corporate-branded programs.

    To accept the equity offering, each Aboriginal group must enter into an AOA and the Northern Gateway Pipelines Limited Partnership Agreement.

    Northern Gateway set a deadline of May 31, 2012 for Aboriginal groups along the proposed route of the pipelines to indicate their acceptance of the offer of up to 10% of the equity in the Project. As of that deadline, Northern Gateway had a majority of the groups eligible to participate as equity owners execute an AOA with Northern Gateway. Further, almost 60% of eligible Aboriginal communities along the proposed RoW (representing 60% of the First Nations' population and 80% of the combined First Nations' and Metis' population) have agreed to be part owners of the proposed Northern Gateway pipelines. Half of the equity units taken up went to groups in British Columbia, and the other half to groups in Alberta. A summary of equity offering is:

    15 out of 18 Alberta Aboriginal groups accepted; and

    12 out of 22 BC inland Aboriginal Groups accepted.

    Because of unique circumstances with coastal First Nations, the Aboriginal Economic Benefits Package has not, with the exception of the Gitxaala Nation, been presented in this same manner.

    In presenting the equity offer, Northern Gateway made reasonable efforts to ensure that Aboriginal groups made an informed decision to accept or reject. This involved a range of activities varying from group to group, including community information sessions, meetings with community leadership and meetings with Aboriginal groups and their legal counsel.

    Northern Gateway is contractually prohibited from disclosing the identities of its Aboriginal partners; however, Aboriginal partners may choose to make a public disclosure of their ownership in the Project. Also, Aboriginal groups who accepted the equity offer are not restricted from participating in the regulatory hearing process to provide input or express concerns regarding the manner in which the Project is designed and will be constructed and operated with respect to (i) their use of land for traditional purposes, (ii) the socio-economic circumstances of their members, (iii) the environment, and (iv) their

    Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 4: Aboriginal Economic Benefits Package

    Page 4-2 July 2012

    Aboriginal and Treaty rights or title (or both), including their right to suggest measures to be taken to mitigate the potential effects of the Project.

    It is Northern Gateway's desire to be respectful of its Aboriginal equity partners' Aboriginal and Treaty Rights and their concerns about the Project. As partners, Northern Gateway and its Aboriginal equity partners will work together to ensure that issues and concerns are addressed or mitigated (or both) and the Project economic benefits targeted for RoW Aboriginal communities are realized.

    While the equity offering is significant, it represents less than one third of the total potential Aboriginal benefits Northern Gateway is proposing and still developing. Acting on input from Aboriginal groups and stakeholders, Northern Gateway has developed a package of environmental and economic commitments for the communities along the route, including coastal communities, which also includes:

    Procurement, Employment and Training

    Community Investment Fund

    Stewardship Programs

    Marine Services and Benefits Portfolio

    Northern Gateway believes these commitments break new ground by providing an unprecedented level of long-term economic, environmental and social benefits to Aboriginal groups.

    Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 5: Procurement, Employment and Training Initiatives

    July 2012 Page 5-1

    5 Procurement, Employment and Training Initiatives

    Between April 1, 2011 and June 30, 2012, Northern Gateway engaged with Aboriginal groups to enter into a MOU or letter of intent (LOI), depending on which format was preferred by the Aboriginal group. Both forms of engagement are used to define potential economic opportunities and benefits in the areas of procurement, employment and training, with the parties understanding that such engagement is cooperative in nature. The intent is for the parties to work toward future definitive agreements once the Project receives regulatory approval.

    Under special circumstances, such as the need to secure future access to an Aboriginal group's reserve lands for use by the Project, Aboriginal groups and Northern Gateway have entered into specialized arrangements to incorporate additional economic benefits associated with the Project. These special arrangements, whether in lieu of or ancillary to an MOU or LOI, are subject to regulatory approval of the Project, feasibility from an engineering standpoint, and the granting of all land rights, where required, in a timely manner.

    Northern Gateway has been working with Aboriginal groups who have signed the AOA, or any one of the ancillary arrangements, to explain the business opportunities associated with the construction and operation of the Project and identify the interest that Aboriginal groups have in pursuing such opportunities. The manner of engagement has varied and includes community information sessions, meetings with community leadership and meetings with community economic development staff. As groups become familiar with Northern Gateway's team members who oversee procurement, employment and training initiatives, the intent is to eventually have the those team members engaged fully with community economic development representatives and community business leaders (and possibly their joint venture and limited partners).

    Over the next few months, Northern Gateway's team members who oversee procurement, employment and training initiatives will continue to work with Aboriginal groups in Alberta and British Columbia to identify business capacity and determine a path forward so that Aboriginal equity partners and interested Aboriginal groups maximize all business opportunities associated with the Project suitable to their business capacities.

    Attachment 17 to Northern Gateway Reply Evidence

  • Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 6: Engagement Updates

    July 2012 Page 6-1

    6 Engagement Updates

    6.1 Northeast Alberta Region

    6.1.1 Beaver Lake Cree Nation Northern Gateway and Beaver Lake Cree Nation did not meet during the reporting period. However, Northern Gateway continued to keep the Beaver Lake Cree Nation up to date and informed about the Project by sending written notices and correspondence.

    6.1.2 Whitefish Lake (Whitefish Lake First Nation #128) Northern Gateway met with the Whitefish Lake (Whitefish Lake First Nation #128) during April 2011 to discuss potential economic opportunities, including employment and training opportunities, arising from the Project. Northern Gateway representatives toured the Nation's facilities to gain a better understanding of their economic development initiatives.

    During September 2011, Northern Gateway and the Whitefish Lake (Whitefish Lake First Nation #128) were in contact regarding the Nation's ATK study work plan and budget. Northern Gateway had approved the ATK study work plan and budget and contacted the Nation to confirm. The ATK study is underway with expected completion in early 2012.

    In early November 2011, Whitefish Lake (Whitefish Lake First Nation #128) representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. Northern Gateway met with the Nation to discuss the AOA, and contacted the Nation to inquire about the ATK study. The Nation informed Northern Gateway that the study was proceeding as planned in the ATK study work plan.

    During February 2012, the Whitefish Lake (Whitefish Lake First Nation #128) submitted their ATK study report to Northern Gateway.

    Northern Gateway met with the Whitefish Lake (Whitefish Lake First Nation #128) during March 2012 to discuss employment and training opportunities related to the Project, as well as potential construction opportunities. The parties also scheduled a meeting on Whitefish Lake (Whitefish Lake First Nation #128) Reserve and another tour of the Nation's facilities to gain a better understanding of the economic development initiatives of the Nation. The parties discussed the AOA and need for future meetings with Northern Gateway and other Aboriginal groups to discuss the Project. Northern Gateway also provided an overview of the process the Nation could take to present their interests and concerns regarding the Project.

    In April 2012, Northern Gateway contacted the Whitefish Lake (Whitefish Lake First Nation #128) on a few occasions to complete a technical meeting with the Nation to address issues and concerns raised by the Nation in their ATK study and in engagement activities with the Nation.

    In May 2012, Northern Gateway met with the Whitefish Lake (Whitefish Lake First Nation #128) on two occasions. On the first occasion, they discussed employment and training opportunities related to the Project, arising from other projects in the area surrounding the Whitefish Lake (Whitefish Lake First

    Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 6: Engagement Updates

    Page 6-2 July 2012

    Nation #128) Reserve. On the second occasion, a technical and watercourse meeting addressed issues and concerns raised in the Nation's ATK study and during engagement activities. During the technical and watercourse meeting, Northern Gateway addressed:

    atmospheric environment and air quality

    wildlife

    water quality

    effects of the Project on water and hydrology

    surface water and groundwater

    freshwater fish and aquatic habitat

    vegetation

    pipeline integrity and safety

    baseline information and effects on wildlife

    Enbridge's spill history, environmental record and response to incidents, accidents and malfunctions

    oil spill response plans

    Aboriginal and Treaty rights

    conservation and reclamation of RoW

    access management

    pipeline monitoring and safety measures

    noise during construction

    cumulative effects

    trappers' interests and compensation

    Northern Gateway also contacted the Whitefish Lake (Whitefish Lake First Nation #128) to request permission to use a list of issues and concerns raised by the Nation in its ATK study that was submitted to Northern Gateway, in Northern Gateway's reply to an information request from the JRP. The Nation advised Northern Gateway that it could use an agreed upon list of issues and concerns found in the Nation's ATK study in Northern Gateway's response to the JRP information request.

    During May 2012, Northern Gateway also extended an invitation to the Whitefish Lake (Whitefish Lake First Nation #128) to attend a meeting with senior Northern Gateway personnel in June 2012 to discuss Project-related matters.

    In June 2012, Northern Gateway's senior personnel met with the Whitefish Lake (Whitefish Lake First Nation #128) to discuss Project-related matters. On another occasion Northern Gateway, along with a representative from Alberta Human Services, met with the Nation to discuss training and employment priorities. An invitation was also extended to the Nation and Nation members to participate in the Greater Strides Hockey Camp in early July, 2012, an initiative co-sponsored by Northern Gateway.

    Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 6: Engagement Updates

    July 2012 Page 6-3

    Northern Gateway representatives attended and supported the Kiyano Pimi Golf Tournament, which is hosted by Kiyano Pimi Limited Partnership, an energy services partnership between the Whitefish Lake (Whitefish Lake First Nation #128) and the Saddle Lake (Saddle Lake Cree Nation).

    The Whitefish Lake (Whitefish Lake First Nation #128) also participated in the Northern Gateway CAB meetings during April 2011 to May 2012, and attended the CAB Conference in Richmond, British Columbia in June 2012.

    In addition to the engagement activities summarized above, Northern Gateway continued to keep the Whitefish Lake (Whitefish Lake First Nation #128) informed about the Project by sending written notices and correspondence.

    6.1.3 Saddle Lake (Saddle Lake Cree Nation) In April 2011, the Saddle Lake (Saddle Lake Cree Nation) and Northern Gateway met once to discuss the Nation's employment and contracting opportunities in relation to the proposed Project, as well as the draft MOU between the parties that would address potential employment, training and business opportunities arising from the proposed Project, and the Aboriginal Economic Benefits Package. The Nation expressed concerns that companies, in general, should attempt to address and raise Aboriginal employment rates and contracting opportunities on current and future projects. The Nation also inquired about the proposed pipeline route, and expressed the view that the proposed route should follow existing pipelines to decrease Project effects on the environment.

    In May 2011, the Saddle Lake (Saddle Lake Cree Nation) and Northern Gateway were in contact a few times regarding the draft MOU. Subsequently, the parties entered into a MOU regarding potential employment, training and business opportunities arising from the proposed Project.

    In June 2011, Northern Gateway contacted the Saddle Lake (Saddle Lake Cree Nation) to confirm the description of the Nation's territory that was described in the Application. The Saddle Lake (Saddle Lake Cree Nation) and Northern Gateway were in contact a few times regarding the draft MOU. The parties were also in contact to discuss the status of the Nation's ATK study report. The Nation contacted Northern Gateway to inquire about third party technical support to complete their ATK study report. Northern Gateway provided the Nation with the ATK study budget that both parties had approved. The Nation also requested that Northern Gateway follow-up on a request made by the Nation to support a Building Environmental Aboriginal Human Resources (BEAHR) training program. Northern Gateway informed the Nation that Northern Gateway was waiting on the Nation to explore discussions with other companies and organizations that could jointly fund or contribute to the training course.

    In July 2011, the Saddle Lake (Saddle Lake Cree Nation) contacted Northern Gateway to advise that the Nation would use a portion of their ATK study funds to secure assistants to complete the ATK study report. The Saddle Lake (Saddle Lake Cree Nation) consultation office also contacted Northern Gateway to request copies of all correspondence sent to representatives contracted by the Nation and working on matters related to the Project. Northern Gateway provided all correspondence to the Saddle Lake (Saddle Lake Cree Nation) consultation office.

    Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 6: Engagement Updates

    Page 6-4 July 2012

    In August 2011, the Saddle Lake (Saddle Lake Cree Nation) contacted Northern Gateway and provided an update on the status of their ATK study report along with an expected date of completion. Northern Gateway sent the Nation a copy of the AOA for their review.

    In September 2011, Northern Gateway and the Saddle Lake (Saddle Lake Cree Nation) concluded a protocol agreement, and the parties met to discuss the Nation's ATK study. Northern Gateway provided information to the Nation regarding the upcoming Northern Gateway Business Summit and Project technical meeting. Northern Gateway sent the Nation a letter requesting authorization for the use of information provided in the ATK study. Northern Gateway also requested and received confirmation from the Nation that they had received the AOA. The Nation contacted Northern Gateway to request a meeting in October.

    In October 2011, the Saddle Lake (Saddle Lake Cree Nation) and Northern Gateway arranged a meeting to discuss Project-related matters, including the AOA. The Nation submitted the ATK study report to Northern Gateway. In addition, the parties scheduled a Project technical meeting. Subsequently, Northern Gateway completed a Project technical meeting and watercourse crossing presentation with the Nation. During that meeting, Northern Gateway addressed the following issues raised in the Nation's ATK study report:

    atmospheric environment air quality

    noise

    water quality and groundwater

    soil

    freshwater fish and aquatic habitat

    vegetation

    wildlife

    ecological risk

    archaeological resources

    socio-economics

    human health

    ATK

    cumulative effects

    conservation and reclamation

    accidents and malfunctions

    construction and operations

    regulatory and environmental and socio-economic assessment (ESA) process

    assessment (i.e., ESA), monitoring and follow-up programs

    Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 6: Engagement Updates

    July 2012 Page 6-5

    The Nation and Northern Gateway were in also contact regarding the Northern Gateway Business Summit.

    In October 2011, the Saddle Lake (Saddle Lake Cree Nation) submitted their ATK study report to Northern Gateway. Attachment 2 JRP 10.9 (A2T9E8) incorrectly stated that this report was submitted in February 2012.

    In early November 2011, the Saddle Lake (Saddle Lake Cree Nation) representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. The Nation and Northern Gateway also met a few times to discuss the AOA, and to discuss potential business opportunities arising from the proposed Project. The Nation requested that Saddle Lake (Saddle Lake Cree Nation) Elders participate in a Traditional Land Use (TLU) study during detailed routing. Northern Gateway and the Nation discussed the Nation's concern surrounding regulations for companies for the cleaning of oil spills. Subsequent to the Project technical meeting, Northern Gateway sent the Nation a copy of Northern Gateway's technical and watercourse presentation. In addition, Northern Gateway provided the Nation with a list of the contractors who participated in the Northern Gateway Business Summit. Northern Gateway also contacted the Nation regarding the authorized use of the information contained in the Nation's ATK study final report and the Nation provided authorization respecting the use of that information by Northern Gateway.

    In December 2011, the Saddle Lake (Saddle Lake Cree Nation) contacted Northern Gateway regarding ATK study invoicing and the AOA. The Nation also requested a meeting with Northern Gateway to discuss potential business and contracting opportunities arising from the proposed Project.

    In February 2012, Northern Gateway contacted the Saddle Lake (Saddle Lake Cree Nation) a few times to arrange a meeting. The parties subsequently met and Northern Gateway provided a Project update and an overview of the Northern Gateway's skills and training strategy. The parties discussed a potential partnership between the Nation and a company located in a neighbouring town.

    In March 2012, Northern Gateway and the Saddle Lake (Saddle Lake Cree Nation) met to discuss education, training and employment interests in relation to the proposed Project. In addition, the Nation expressed an interest in:

    working with SAIT Polytechnic to bring a carpentry course to the community

    potential partnership with a surveying company

    Emergency Medical Technician (EMT) work

    The Saddle Lake (Saddle Lake Cree Nation) also advised Northern Gateway that it has trained fire fighters and completed a pipe fitting course with Nation members. Northern Gateway provided information to the Nation regarding the Trade Winds to Success Training program, including the opportunity for Nation members to participate in the program. The Nation was offered one seat funded by Northern Gateway in the Trade Winds to Success training program.

    In April 2012, Northern Gateway provided the Saddle Lake (Saddle Lake Cree Nation) with employment brochures and business cards for Northern Gateway's team member overseeing employment and training initiatives with Aboriginal groups. Northern Gateway also offered to complete a Project technical meeting

    Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 6: Engagement Updates

    Page 6-6 July 2012

    with the Nation in the early part of May 2012. The parties were in contact to confirm a date and discuss the agenda for a Project technical meeting.

    In May 2012, Northern Gateway completed another Project technical meeting with the Saddle Lake (Saddle Lake Cree Nation) that addressed the following issues raised in the Nation's ATK study report:

    atmospheric environment air quality

    noise

    water quality and groundwater

    soil

    freshwater fish and aquatic habitat

    vegetation

    wildlife

    ecological risk

    archaeological resources

    socio-economics

    human health

    ATK

    cumulative effects

    conservation and reclamation

    accidents and malfunctions

    construction and operations

    regulatory and ESA process

    assessment (i.e., ESA), monitoring and follow-up programs

    Northern Gateway also contacted the Saddle Lake (Saddle Lake Cree Nation) to follow-up regarding the Project technical meeting. Northern Gateway extended an invitation to the Nation in May 2012 to attend a meeting with senior Northern Gateway personnel in June 2012.

    In late May 2012, Northern Gateway attended a meeting coordinated by the Saddle Lake (Saddle Lake Cree Nation) to discuss employment opportunities associated with iron work. The Nation established an employment agreement with the Iron Workers Union and requested Northern Gateway's assistance to coordinate a training to employment project. Northern Gateway subsequently coordinated a funding partners meeting in early June 2012 consisting of Alberta Human Services, Government of Canada, the Nation and Northern Gateway to discuss a pilot project designed to train entry level iron workers with the support of the Iron Workers Union. The anticipated start date for the pilot project is September 2012.

    Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 6: Engagement Updates

    July 2012 Page 6-7

    In June 2012, Northern Gateway's senior personnel met with the Saddle Lake (Saddle Lake Cree Nation) to discuss Project-related matters. Northern Gateway extended an invitation to the Nation and Nation members to participate in the Greater Strides Hockey Camp in early July, an initiative co-sponsored by Northern Gateway. Northern Gateway representatives also attended and supported the Kiyano Pimi Golf Tournament, which is hosted by Kiyano Pimi Limited Partnership, an energy services partnership between the Whitefish Lake (Whitefish Lake First Nation #128) and the Saddle Lake (Saddle Lake Cree Nation).

    In addition to the engagement activities summarized above, Northern Gateway continued to keep the Saddle Lake (Saddle Lake Cree Nation) informed about the Project by sending written notices and correspondence.

    6.1.4 Kehewin Cree Nation In May 2011, the Kehewin Cree Nation requested a meeting and met with Northern Gateway to discuss the completion of an ATK study by the Nation.

    In July 2011, Northern Gateway contacted the Kehewin Cree Nation to inquire about the status of the Nation's proposed ATK study work plan and budget. The Nation advised that they were revising the ATK study work plan and budget and would be meeting internally in the near future to discuss same. The Nation further advised that they would submit a revised ATK study work plan and budget after the Nation's meeting.

    In August 2011, Northern Gateway and the Kehewin Cree Nation were in contact a few times to discuss the status of the Nation's ATK study work plan and budget. On one occasion, Northern Gateway and the Nation met by conference call to discuss the status of the Nations' ATK study work plan and budget and the Nation requested ATK study work plan and budget templates. Northern Gateway subsequently provided the Nation with ATK study work plan and budget templates for their reference. On another occasion, Northern Gateway and the Nation discussed specific revisions to the Nation's ATK study work plan and budget.

    In September 2011, Northern Gateway and the Kehewin Cree Nation were in contact a few times. On one occasion, the Nation provided Northern Gateway with a revised ATK study work plan and budget for approval, which was approved by Northern Gateway. On another occasion, the parties arranged a meeting to discuss the Nation's ATK study. Northern Gateway also contacted the Nation regarding the Northern Gateway Business Summit to be in early November 2011.

    In October 2011, the Kehewin Cree Nation and Northern Gateway were in contact a few times regarding the Nation's revised ATK study work plan and budget. Subsequently, the parties met to discuss the ATK study. The Nation began the study and planned to complete it in May 2012.

    In early November 2011, Kehewin Cree Nation representatives attended the Northern Gateway Business Summit in Edmonton, Alberta.

    In December 2011, the Kehewin Cree Nation contacted Northern Gateway regarding the Business Summit and addressed inquiries made by the Nation.

    Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 6: Engagement Updates

    Page 6-8 July 2012

    In May 2012, Northern Gateway contacted the Kehewin Cree Nation to inquire about the status of their ATK study report. The Nation indicated that the ATK study report was near completion and would be submitted to Northern Gateway by the end of May 2012 (see Attachment 2 JRP IR 10.9) (A2T9E8). However, Northern Gateway has yet to receive the Nation's ATK study report.

    In addition to the engagement activities summarized above, Northern Gateway continued to keep the Kehewin Cree Nation informed about the Project by sending written notices and correspondence.

    6.1.5 Mtis Settlements General Council Northern Gateway is currently engaged with Kikino Mtis Settlement and Buffalo Lake Mtis Settlements as referenced below. Additionally, Northern Gateway has re-offered ATK study funding to assist the East Prairie Mtis Settlement in conducting an independent ATK study to identify site-specific interests.

    6.1.6 Buffalo Lake Mtis Settlement In May 2011, Northern Gateway and Buffalo Lake Mtis Settlement met to discuss the AOA. The parties also discussed construction related benefits from the Project.

    In October 2011, Northern Gateway and Buffalo Lake Mtis Settlement met to discuss the AOA. The parties also discussed the economic opportunities related to the MOU.

    In early November 2011, Buffalo Lake Mtis Settlement representatives attended the Northern Gateway Business Summit in Edmonton, Alberta.

    In December 2011, Northern Gateway met with Buffalo Lake Mtis Settlement to discuss the AOA. The parties discussed employment and training opportunities.

    In March 2012, Northern Gateway met with Buffalo Lake Mtis Settlement to formally introduce the Northern Gateway discipline overseeing the training to employment strategy.

    In May 2012, Northern Gateway contacted Buffalo Lake Mtis Settlement to arrange a meeting to discuss employment and training opportunities. The parties could not confirm a meeting date at that time; however, Northern Gateway will contact Buffalo Lake Mtis Settlement to arrange a meeting in July 2012.

    In June 2012, extended an invitation to Buffalo Lake Mtis Settlement and Settlement members to participate in the Greater Strides Hockey Camp in early July, an initiative co-sponsored by Northern Gateway.

    In addition to the engagement activities summarized above, Northern Gateway continued to keep Buffalo Lake Mtis Settlement informed about the Project by sending written notices and correspondence.

    6.1.7 Kikino Mtis Settlement In May 2011, Northern Gateway and Kikino Mtis Settlement were in contact to arrange a meeting to discuss Project-related matters.

    Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 6: Engagement Updates

    July 2012 Page 6-9

    In September 2011, Northern Gateway contacted Kikino Mtis Settlement on a few occasions to discuss potential meeting arrangements and the Northern Gateway Business Summit. The parties arranged a meeting for October 2011; however, the meeting did not occur.

    In early November 2011, Kikino Mtis Settlement representatives attended the Northern Gateway Business Summit in Edmonton, Alberta.

    In December 2011 and January 2012, Northern Gateway met with Kikino Mtis Settlement to discuss the AOA.

    In April 2012, Northern Gateway and Kikino Mtis Settlement were in contact to arrange a meeting to formally introduce the Northern Gateway discipline overseeing the employment and training strategy, including discussions surrounding Northern Gateway employment and training strategy.

    In May 2012, Northern Gateway met with Kikino Mtis Settlement to discuss employment and training opportunities related to the Project, as well as potential construction opportunities. The parties also discussed organizing a meeting in Kikino Mtis Settlement community and a tour of Kikino Mtis Settlement facilities to gain a better understanding of the economic development initiatives of the Settlement. The parties discussed matters related to the AOA and the scheduling of future meetings with Northern Gateway and other Aboriginal groups to discuss matters related to the Project.

    In June 2012, Northern Gateway extended an invitation to Kikino Mtis Settlement and Settlement members to participate in the Greater Strides Hockey Camp in early July, an initiative co-sponsored by Northern Gateway.

    In addition to the engagement activities summarized above, Northern Gateway continued to keep Kikino Mtis Settlement informed about the Project by sending written notices and correspondence.

    6.1.8 Mtis Nation of Alberta Region 2 In April 2011, Northern Gateway was in contact with the Mtis Nation of Alberta Region 2 about the ATK study work plan and the Mtis Nation of Alberta Region 2's independent ATK study.

    In June 2011, Northern Gateway and the Mtis Nation of Alberta Region 2 discussed the ATK study funding and followed-up with a letter of approval for the Mtis Nation of Alberta Region 2 independent ATK study.

    In August and September 2011, Northern Gateway had discussions with the Mtis Nation of Alberta Region 2 about the Northern Gateway Business Summit and their ATK study. Northern Gateway also forwarded Project shape files to the Mtis Nation of Alberta Region 2.

    In early November 2011, Mtis Nation of Alberta Region 2 representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. Northern Gateway also met with the Mtis Nation of Alberta Region 2 on two occasions to provide a Project update and to discuss the AOA, the Project MOU, and an employment and training strategy.

    In December 2011, Northern Gateway had discussions with the Mtis Nation of Alberta Region 2 about community sponsorship.

    Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 6: Engagement Updates

    Page 6-10 July 2012

    In January 2012, Northern Gateway and the Mtis Nation of Alberta Region 2 discussed meeting arrangements to introduce the Northern Gateway discipline overseeing the employment and training strategy.

    In February 2012, Northern Gateway met with the Mtis Nation of Alberta Region 2 to discuss Northern Gateway's employment and training strategy.

    In March 2012, the Mtis Nation of Alberta Region 2 attended the Mtis Nation of Alberta and Mtis Nation of British Columbia Economic Development Conference in Grande Prairie, Alberta. The Mtis Nation of Alberta Region 2 requested an extension for the ATK study report and Northern Gateway agreed to extend the date for receipt of the ATK study report to June 30, 2012.

    In April 2012, Northern Gateway met with the Mtis Nation of Alberta, including the Mtis Nation of Alberta Region 2, Mtis Regional Council Zone IV of the Mtis Nation of Alberta and Region VI Regional Council of the Mtis Nation of Alberta regarding the Aboriginal Economic Benefits Package, the MOU, the AOA and potential business opportunities arising from the Project.

    Northern Gateway awaits the submission of the Mtis Nation of Alberta Region 2's ATK study report.

    The Mtis Nation of Alberta Region 2 also participated in the Northern Gateway CAB meetings during April 2011 to May 2012, and attended the CAB Conference in Richmond, British Columbia in June 2012.

    In addition to the engagement activities summarized above, Northern Gateway continued to keep the Mtis Nation of Alberta Region 2 informed about the Project by sending written notices and correspondence.

    6.2 Edmonton Region

    6.2.1 Enoch Cree Nation In August 2011, Northern Gateway met with the Enoch Cree Nation to provide a Project update, to obtain information regarding the Nation's official contact person for matters related to the Project and to discuss the status of the update to the Nation's ATK study.

    In September 2011, Northern Gateway met with the Enoch Cree Nation a few times. On the first occasion, Northern Gateway provided a Project update and information surrounding the regulatory phase of the Project. Northern Gateway also provided an overview of the business and employment strategy related to the Project. Northern Gateway and the Nation discussed the status of the update to their ATK study, and potential opportunities arising from the proposed Project, including the MOU and equity in the Project. The Nation focused on the importance of its traditional territory near the proposed Project corridor, including the area near Lac St. Anne. On the second occasion, the parties met to discuss the MOU, as well as employment, training and construction opportunities arising from the proposed Project. Northern Gateway provided the Nation with a copy of its education and training presentation and expressed an interest in working with the Nation to complete the update to their ATK study. In addition, Northern Gateway offered to conduct a Project technical meeting with the Nation to address issues and concerns the Nation may have with the proposed Project.

    Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 6: Engagement Updates

    July 2012 Page 6-11

    In early November 2011, Northern Gateway contacted the Enoch Cree Nation to discuss the participation of the Nation in the Business Summit. Subsequently, an Elder from the Enoch Cree Nation, on behalf of the Chief of the Enoch Cree Nation, attended the Northern Gateway Business Summit held in Edmonton, Alberta, to provide an opening prayer and to welcome participants to the traditional territory of the Enoch Cree Nation. The parties also confirmed a meeting for the latter part of November 2011. Subsequently, Northern Gateway requested another meeting date due to a conflict in the scheduling of the meeting.

    In December 2011, Northern Gateway's legal counsel was contacted by the Enoch Cree Nation legal counsel to discuss the AOA and meeting arrangements to discuss potential economic opportunities arising from the Project, as well the status of the update to the Nation's ATK study report.

    In January 2012, Northern Gateway provided the Enoch Cree Nation with potential future meeting dates, specifically, for January and February 2012.

    In March 2012, Northern Gateway contacted the Enoch Cree Nation several times to discuss meeting arrangements. The Nation provided Northern Gateway with the name of a specific contact person for the Nation.

    In April 2012, Northern Gateway sent a letter to the Enoch Cree Nation offering to complete a Project technical meeting with the Nation to address issues, concerns and recommendations arising from the Nation's ATK study, including a watercourse crossing presentation, and to review the proposed mitigation measures for the Project. Although, the Nation did not respond to this offer, Northern Gateway will continue to offer technical meetings to the Nation.

    In May 2012, Northern Gateway met with the Enoch Cree Nation Chief and Council to provide additional Project information and to discuss the proposed AOA, and other Project opportunities. The Nation raised issues regarding revenue sharing, an on-reserve refinery and the Natural Resource Transfer Agreement, which are outside of the Project scope and could be the topic of discussions between the Nation and government(s).

    On May 23, 2012, the Enoch Cree Nation communicated their preference and intention to cease future dialogue with Northern Gateway regarding the AOA. Northern Gateway remains available for appropriate consultation and to work with the Nation in relation to any new concerns identified in the update to the Nation's ATK study. Northern Gateway will continue to offer technical meeting dates to attempt to address concerns raised in the ATK study summary filed in the Application, Volume 5B (May 2010) and the update to the Nation's ATK study, once it is provided by the Nation.

    In addition to the engagement activities summarized above, Northern Gateway continued to keep the Enoch Cree Nation informed about the Project by sending written notices and correspondence.

    6.2.2 Alexander (Alexander First Nation) In April 2011, Northern Gateway contacted the Alexander (Alexander First Nation) to inquire about the availability of Nation representatives to meet with Northern Gateway.

    In May 2011, Northern Gateway contacted the Alexander (Alexander First Nation) to inquire again about the availability of Nation representatives to meet with Northern Gateway and a meeting was scheduled for the latter part of May. The parties then met and discussed the following matters:

    Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 6: Engagement Updates

    Page 6-12 July 2012

    relocation of the proposed pipeline off the Nation's Reserve

    concerns of the Nation that the rerouting of the proposed pipeline may traverse the Nation's Treaty Land Entitlement (TLE) lands

    the negotiation funding proposal submitted by the Nation to Northern Gateway

    Northern Gateway's request to meet with the entire Alexander (Alexander First Nation) Council to discuss potential economic opportunities that may arise from the Project, including the Aboriginal Economic Benefits Package

    the Nation's concern that they are near to the proposed RoW corridor and should be treated differently than other Aboriginal groups that are farther away from the proposed corridor

    Northern Gateway's discussion with Aboriginal Affairs and Northern Development Canada (AANDC)

    cancellation of the LOI between the parties by the Nation

    the Nation's request to enter into negotiations surrounding an impact benefits agreement

    The parties exchanged correspondence at the meeting, with Northern Gateway providing the Nation with a letter of response to their negotiation funding support proposal and the Nation providing a letter to Northern Gateway respecting the LOI between the parties. Northern Gateway also provided a Project update at the meeting, including an overview of the hearing order released by the JRP. The Nation contacted Northern Gateway at the end of May 2011 to request shape files.

    In June 2011, Northern Gateway provided the shape files to the Alexander (Alexander First Nation). Northern Gateway also directed the Nation to contact the Historic Resources Management Branch at Alberta Culture and Community Spirit regarding the Nation's interest in accessing archaeological spatial data.

    In July 2011, Northern Gateway and the Alexander (Alexander First Nation) were in contact a few times. Northern Gateway provided the Nation with an updated Project route map.

    In August 2011, Northern Gateway and the Alexander (Alexander First Nation) were in contact a few times. The Nation notified Northern Gateway that their members had elected a new Chief and Council and the Executive Director for the Alexander Industry Relations Corporation and notified Northern Gateway of the new point of contact for the Nation on consultation matters. Northern Gateway subsequently requested a meeting with the new Chief and Council to discuss matters related to the Project, including Project updates, Aboriginal equity in the Project and other economic opportunities arising from the Project.

    In September 2011, Northern Gateway contacted the Alexander (Alexander First Nation) a few times to make meeting arrangements with the new Chief and Council. The Nation requested a copy of Northern Gateway's organization chart. Northern Gateway responded to that request and provided the Nation with the structure of the Northern Gateway organization. Northern Gateway offered to provide the Nation with a copy of the AOA for its review.

    Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 6: Engagement Updates

    July 2012 Page 6-13

    In October 2011, Northern Gateway contacted the Alexander (Alexander First Nation) to arrange a meeting with the new Chief and Council. Northern Gateway provided the new Chief and Council with copies of the Northern Gateway Aboriginal Economic Benefits Package, which included the AOA. Northern Gateway subsequently met with the Chief, other Nation representatives, and the Nation's legal counsel, to review the information contained in the Aboriginal Economic Benefits Package. Northern Gateway had previously reviewed the package with the Nation former Chief.

    In the latter part of October 2011, Northern Gateway met with the new Chief and Council to provide a Project overview and to discuss Project-related matters, including Northern Gateway's Aboriginal Economic Benefits Package. The parties discussed the status of the update to the Nation's ATK study, potentially routing the pipelines on Alexander Reserve #134 and Alexander Reserve #134A near Fox Creek, and the role of the Crown in the engagement process. The Nation advised that they would be willing to discuss having the proposed pipeline traverse the Nation's reserve rather than the area around Deadman's Lake. Northern Gateway offered to revive the LOI that was cancelled by the Nation in May 2011. The Nation declined that offer. Representatives from AANDC and the Department of Justice (Canada) participated in the meeting as observers to gain an awareness of the possible implications of the proposed pipeline route to the Nation's reserve and TLE lands. The parties established a process to further discussions between the parties on Project-related matters.

    In early November 2011, Alexander (Alexander First Nation) representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. Northern Gateway and the Nation also met to discuss Project-related matters, including the proposed routing of the Project pipeline, particulars surrounding the two pipelines, the status of the update to the Nation's ATK study, the Nation's purchase of lands under the TLE process, the Nation's plans for the lands purchased under the TLE process, possible routing options and land considerations that take into account the Nation's Reserve lands, traditional territory and TLE lands, the process Northern Gateway utilizes in dealing with taxation involving municipalities along the proposed RoW, Northern Gateway's School Plus program, and possible initiatives arising from potential employment and training opportunities from the proposed Project. The Nation's legal counsel, and an Elder and community member, attended the meeting. The Nation provided Northern Gateway with an overview of Alexander Reserve #134, Alexander Reserve #134A and Deadman's Lake in relation to the proposed Project route. The Nation discussed their current infrastructure and future infrastructure plans, as well as their needs and future goals. The Nation noted some sites of significance where historical artifacts were found on traditional lands south of Deadman's Lake. The Nation mentioned that those sites of significance were identified during the Alliance pipeline project.

    In December 2011, Northern Gateway responded to correspondence received from the Alexander (Alexander First Nation) and confirmed Northern Gateway's commitment to work with the Nation on Project-related matters. Northern Gateway provided additional information to the Nation regarding the Aboriginal Economic Benefits Package. The parties were also in contact to determine tentative meeting dates for 2012.

    In January and February 2012, Northern Gateway and the Alexander (Alexander First Nation) met to continue discussions that arose between the parties at the October and November 2011 meetings, including possible routing options and land considerations that take into account the Nation's reserve lands, traditional territory and TLE lands; the status of the update to the Nation's ATK study; and the

    Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 6: Engagement Updates

    Page 6-14 July 2012

    AOA and opportunities arising from the Project, including employment and training, as well as contracting opportunities. The Nation also informed Northern Gateway that the Nation submitted documents to the JRP related to the Nation's TLE agreement in January 2012.

    In March 2012, Northern Gateway and the Alexander (Alexander First Nation) met to discuss possible routing options and land considerations that take into account the Nation's Reserve lands, traditional territory and TLE lands; the status of the update to the Nation's ATK study; and opportunities arising from the Project, including employment and training, as well as contracting opportunities.

    In April 2012, Northern Gateway and the Alexander (Alexander First Nation) met once to discuss matters related to the AOA, possible routing options and land considerations that take into account the Nation's Reserve lands, traditional territory and TLE lands; the status of the update to the Nation's ATK study; and opportunities arising from the Project, including employment and training, as well as contracting opportunities. Northern Gateway also contacted the Nation to offer a technical and watercourse crossing meeting. Although, the Nation did not respond to the offer, Northern Gateway will extend another offer.

    In May 2012, Northern Gateway and the Alexander (Alexander First Nation) met a few times to discuss matters related to the AOA, possible routing options and land considerations that take into account the Nation's reserve lands, traditional territory and TLE lands; the status of the update to the Nation's ATK study; and opportunities arising from the Project, including employment and training, as well as contracting opportunities. As a result of the discussions between Northern Gateway and the Alexander (Alexander First Nation), the parties have executed a term sheet. The term sheet is an agreement in principle that relates to, among other things, an alternative route that moves the proposed pipeline onto the Alexander Indian Reserve No. 134 and the Alexander Indian Reserve No. 134A and associated land access and benefits provisions. Please refer to page 4 (adobe page 5) of Attachment JRP IR 10.10 (including Figure 1 and 2) for more information (A2T9F0, A2T9F1, and A2T9F2). These route alternatives will be adopted and included in the next pipeline route revision. This relocation remains subject to the granting of all required land rights, in a timely manner.

    Also in May 2012, Northern Gateway provided a draft copy of the update to the Nation's ATK study report for review by the Nation. Northern Gateway will continue to offer technical meeting dates to the Nation to address concerns.

    In June 2012, Northern Gateway's senior personnel met with the Alexander (Alexander First Nation) to discuss Project-related matters. Northern Gateway also extended an invitation to the Nation and Nation members to participate in the Greater Strides Hockey Camp in early July, which is an initiative co-sponsored by Northern Gateway.

    In addition to the engagement activities summarized above, Northern Gateway continued to keep the Alexander (Alexander First Nation) informed about the Project by sending written notices and correspondence.

    6.2.3 Mtis Nation of Alberta In August 2011, Northern Gateway provided hard copies of the AOA to the Mtis Nation of Alberta for consideration in relation to Mtis Nation of Alberta Region 2, Mtis Regional Council Zone IV of the

    Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 6: Engagement Updates

    July 2012 Page 6-15

    Mtis Nation of Alberta, Mtis Nation of Alberta Region 5, and Region VI Regional Council of the Mtis Nation of Alberta.

    In September 2011, Northern Gateway was in contact with the Mtis Nation of Alberta several times to discuss the AOA and the Northern Gateway Business Summit.

    In October 2011, the Mtis Nation of Alberta sent a letter to Northern Gateway regarding the AOA and requested a third party review of the agreement. Northern Gateway responded to that request and offered to meet with the Mtis Nation of Alberta and Mtis Nation of Alberta Regions engaged by Northern Gateway.

    In November 2011, Northern Gateway and the Mtis Nation of Alberta met, by conference call, to discuss the AOA presented to the Mtis Nation of Alberta for consideration in August 2011. Northern Gateway provided an explanation of the AOA and outlined two options for consideration by the Mtis Nation of Alberta and its Regions, specifically, the Mtis Nation of Alberta Region 2, Mtis Regional Council Zone IV of the Mtis Nation of Alberta, MNA Region 5 and Region VI Regional Council of the Mtis Nation of Alberta, respecting the equity component of the AOA. Northern Gateway also provided an overview to the Mtis Nation of Alberta regarding the engagement activities that have occurred to date with the Mtis Nation of Alberta Regions.

    In early November 2011, a Mtis Nation of Alberta representative attended the Northern Gateway Business Summit in Edmonton, Alberta. Also in November, 2011, Northern Gateway and the Mtis Nation of Alberta were in contact regarding the AOA. Northern Gateway provided the Mtis Nation of Alberta with a Project update, an update on the Mtis Nation of Alberta Regions' ATK studies and an explanation of the Project MOU.

    In December 2011, Northern Gateway and the Mtis Nation of Alberta were in contact many times to discuss the AOA.

    In January 2012, Northern Gateway received correspondence from the Mtis Nation of Alberta about the AOA, Northern Gateway's engagement activities and potential meeting dates. In February 2012, Northern Gateway responded to this correspondence and provided information to the Mtis Nation of Alberta relating to the AOA, Northern Gateway's engagement activities and the Aboriginal Economic Benefits Package.

    In March 2012, Northern Gateway met with the Mtis Nation of Alberta to discuss employment and training opportunities, meeting arrangements and the AOA. The Mtis Nation of Alberta also attended the Mtis National Council's Economic Development Conference in Grande Prairie, Alberta.

    In early April 2012, a conference call was held between Mtis Nation of Alberta and Mtis Nation BC education and training directors at the request of the Mtis Nation of Alberta elected official responsible for education. The conference call was to explore possible interprovincial/interagency projects specific to Mtis trades training. A decision was made to proceed with a meeting with the Christian Labour Union of Canada (CLAC) because of an established relationship. In late May 2012, the Mtis Nation of Alberta, the Mtis Nation of British Columbia, Northern Gateway and CLAC met in Edmonton to discuss possible pilot projects designed to increase Mtis trades employment outcomes. All parties agreed to proceed with ongoing dialogue with the goal to design a project and request federal/provincial funding.

    Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 6: Engagement Updates

    Page 6-16 July 2012

    Later in April 2012, Northern Gateway met with the Mtis Nation of Alberta including Mtis Nation of Alberta Region 2, Mtis Regional Council Zone IV of the Mtis Nation of Alberta and Region VI Regional Council of the Mtis Nation of Alberta regarding business opportunities arising from the Project, the Aboriginal Economic Benefits Package, including equity, a LOI and potential business opportunities arising from the Project. In addition, the parties discussed the role of the Mtis Nation of Alberta and the role of individual Regions of the Mtis Nation of Alberta, in relation to the Project, as well as matters surrounding an independent ESA and environmental studies.

    In May 2012, Northern Gateway and the Mtis Nation of Alberta continued discussions regarding the LOI and the AOA.

    In June 2012, the Mtis Nation of Alberta executed their LOI which included the Mtis Nation of Alberta Region 2, the Mtis Regional Council Zone IV of the Mtis Nation of Alberta, the Mtis Nation of Alberta Region 5 and the Region VI Regional Council of the Mtis Nation of Alberta.

    In addition to the engagement activities summarized above, Northern Gateway continued to keep the Mtis Nation of Alberta informed about the Project by sending written notices and correspondence.

    6.2.4 Mtis Regional Council Zone IV of the Mtis Nation of Alberta During May 2011, Northern Gateway hand-delivered a copy of the Project hearing order to Mtis Regional Council Zone IV of the Mtis Nation of Alberta (MNA Region 4) and advised the Nation that Northern Gateway was planning a collective meeting with the Mtis Nation of Alberta to discuss the Project equity offer.

    In August 2011, Northern Gateway provided a copy of the LOI to the MNA Region 4 office.

    In September 2011, Northern Gateway sent correspondence to the MNA Region 4 requesting a copy of the final update to the Grande Cache Mtis Local #1994's ATK study report. Northern Gateway indicated that once it received the update to the Grande Cache Mtis Local #1994's ATK study, the study would assist Northern Gateway in understanding the Grande Cache Mtis Local #1994's specific concerns with the Project. Northern Gateway could then address and, where possible, mitigate the issues and concerns of the Grande Cache Mtis Local #1994.

    In early November 2011, MNA Region 4 representatives attended the Northern Gateway Business Summit in Edmonton, Alberta.

    In January 2012, the MNA Region 4 contacted Northern Gateway, by letter, to raise concerns that Northern Gateway was not supporting an ATK study for MNA Region 4 and to provide a map that outlined the area of interest in for an ATK study.

    In February 2012, Northern Gateway responded by letter, to the MNA Region 4's concerns and indicated that an original funding offer was extended to MNA Region 4 in December 2009 to complete an independent ATK study. Northern Gateway was unsuccessful, after making several attempts over a fifteen month period, to elicit a response from the MNA Region 4 regarding the ATK study funding offer, resulting in a withdrawal of the offer by Northern Gateway. Northern Gateway, noting the newly established discussions with MNA Region 4, reintroduced a funding offer to the MNA Region 4 to complete an ATK study. Northern Gateway also noted that one of the Locals of MNA Region 4, in

    Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 6: Engagement Updates

    July 2012 Page 6-17

    particular, Grande Cache Mtis Local #1994, had been provided funding to complete an ATK study, which would have a bearing on the funding offered by Northern Gateway to MNA Region 4 to complete an ATK study. Northern Gateway extended an offer to the MNA Region 4 to meet to further discuss the ATK study funding offer.

    In March 2012, MNA Region 4 attended the Mtis Nation of Alberta and Mtis Nation of British Columbia Economic Development Conference in Grande Prairie, Alberta.

    In April 2012, Northern Gateway met with the Mtis Nation of Alberta, including Mtis Nation of Alberta Region 2, MNA Region 4 and Region VI Regional Council of the Mtis Nation of Alberta regarding business opportunities arising from the Project the Aboriginal Economic Benefits Package, including equity, a LOI and potential business opportunities arising from the Project, as well as the renewed offer by Northern Gateway to the Mtis Regional Council Zone IV of the Mtis Nation of Alberta and Region VI Regional Council of the Mtis Nation of Alberta of funds to complete an ATK study. In addition, the parties discussed the role of the Mtis Nation of Alberta and the role of individual Regions of the Mtis Nation of Alberta, in relation to the Project, and matters surrounding an independent ESA and environmental studies.

    In May 2012, Northern Gateway provided a letter of response to MNA Region 4 and offered to meet to further discuss the ATK study funding offer. Northern Gateway and MNA Region 4, by way of MNA Region 4 legal counsel, continued to discuss the AOA.

    In June 2012, Northern Gateway and the MNA Region 4 continued discussions surrounding funding offer by Northern Gateway to MNA Region 4 to complete an independent ATK study. Northern Gateway provided Project shape files to MNA Region 4 for use in their ATK study.

    In addition to the engagement activities summarized above, Northern Gateway continued to keep MNA Region 4 informed about the Project by sending written notices and correspondence.

    6.2.5 Grande Cache Mtis Local #1994 Northern Gateway is currently engaging the Grande Cache Mtis Local #1994 through MNA Region 4. Northern Gateway is willing to meet directly with Grande Cache Mtis Local #1994 upon request.

    In January 2012, Grande Cache Mtis Local #1994 filed an update to their ATK study report with the JRP (A2K8L2, A2K8L3, and A2K8L4).

    In April 2012, Northern Gateway offered a technical meeting with Grande Cache Mtis Local #1994 through MNA Region 4. MNA Region 4 declined the offer at that time. Northern Gateway will continue to offer a technical meeting to Grande Cache Mtis Local #1994 to address the update to their ATK study report.

    In June 2012, the Mtis Nation of Alberta executed their LOI which included the Mtis Nation of Alberta Region 2, the MNA Region 4, the Mtis Nation of Alberta Region 5 and the Region VI Regional Council of the Mtis Nation of Alberta.

    Attachment 17 to Northern Gateway Reply Evidence

  • Aboriginal Engagement Reply & Update Section 6: Engagement Updates

    Page 6-18 July 2012

    Northern Gateway continued to keep Grande Cache Mtis Local #1994 informed about the Project by sending written notices and correspondence to MNA Region 4 who distributes the information to the Mtis Locals.

    6.2.6 Gunn Mtis Local #55 Northern Gateway is currently engaging Gunn Mtis Local #55 through the MNA Region 4. Northern Gateway is w