National Energy Board

www.neb-one.gc.ca

Common menu bar

• Français
• Home
• Contact Us
• Help
• Search
• canada.gc.ca

Breadcrumb

LMCI Meeting Summary - Union of New Brunswick Indians (UNBI) - 14 April 2008

14 April 2008
Fredericton, New Brunswick

Agenda:

• Overview of LMCI
• Discussion
• Next Steps

Discussion:

• UNBI recommended that the LMCI should explicitly include issues related to Aboriginal interests and that solutions should also reflect Aboriginal interests. Requested that the NEB consider a Steam 5 in this regard.
• Aboriginal issues that could be included in the LMCI are aboriginal title, hunting and fishing rights, and natural resource management.
• Traditional Ecological Knowledge/Traditional Knowledge (TEK or TK) is an important part of the environmental assessment and regulatory process, but it is equally important for Aboriginal groups to have a say in what TK information becomes public.
  • Who has the copyright to TK information?
  • Negotiate with the company who has TK property rights.
  • Confidentiality of TK information
• Aboriginal groups would like to participate in pre-application studies prepared by the company, in order to ensure that Aboriginal interests related to traditional use are a source of information for the application. Funding is critical for Aboriginal groups to participate fully in the pre-application phase.
• If Aboriginal groups are not able to participate in pre-application studies, is there a role for the NEB to impose conditions on approval to compel the company to provide funding/include the Aboriginal group in studies prior to the commencement of construction?
• In the past the UNBI has been successful in getting some of its conditions included on NEB Certificates. However, UNBI would like a role in providing input to the NEB on whether or not the intent of the condition has been fulfilled by the company.
• UNBI indicated that one of the conditions on the M&NP project stipulated that the UNBI and M&NP would negotiate a Benefits Agreement (BA). However an MOU was negotiated instead as a precursor to a BA. The MOU was sent to the Board by M&NP in meeting the requirements of the condition despite not having a BA signed.
• Aboriginal groups would like to participate in monitoring of facilities during all phases of their life span, but would need funding to participate.
• UNBI does not have the in-house expertise to participate in negotiations with company. UNBI indicated it would benefit from legal support in negotiating and interpreting agreements with companies.
• The NEB should consider directing proponents to negotiate capacity funding with First Nations.
• UNBI feels the NEB's definition of landowner does not include a consideration of Aboriginal rights and title.
• UNBI questioned how the NEB's definition of public interest would take Aboriginal interest into consideration.
• UNBI would like to participate on tolls and tariff working groups established by companies operating within New Brunswick, but indicated they need expert, financial advice to more effectively participate. Suggested NEB charge a surcharge it could pass along to First Nations. Should do something similar to pay for decommissioning.
• Companies sometimes interpret hiring an Aboriginal person to be involved in a TK study as constituting consultation.
• Timelines within NEB's process are tight.
• Physical issues of abandonment - it is important to restore the land to what it was before development for traditional purposes - hunting, fishing, harvesting. Suggested replanting ash trees for traditional basket making, and replanting medicinal plants.
• Companies should ensure they have resourses set aside for abandonment.
• Ownership of the right-of-way should revert to Aboriginal people after abandonment and not be leased to a third party.
• If pipe is left in the ground post-abandonment, area should be monitored for contamination.
• UNBI would like to provide an Aboriginal perspective in researching issues related to contamination post-abandonment, but needs to have funding to do so.
• UNBI would like an NEB office in the east, perhaps in Fredericton. Would like the NEB to have a more consistent and local presence.
• Hearing Order is very complicated for ordinary person to understand. Make the HO more readable and less intimidating. Perhaps provide a glossary of terms.
• Sometimes the NEB uses technical jargon in its publications, which can be difficult for ordinary people to understand.

Possible Solutions:

• Confidentiality agreements between the Aboriginal group and the company - could this be a solution to protecting aboriginal TK?  Would the NEB have a role to compel parties to negotiate confidentiality agreements?
• When conditions of a Certificate or Order explicitly involve an Aboriginal group or community, the NEB could give the Aboriginal group/community an opportunity to provide input into the condition compliance.
• A participant funding program that provides funding for Aboriginal people during all phases of the life span of a facility (i.e., including the pre-application phase) is important. Funding for Aboriginal people to participate in the NEB's development of new regulations is also critical.
• Participant funding for Aboriginal people could be funded through a number of sources (i.e., by regulated companies, by the shippers, by the government).
• UNBI would like a condition on any Certificate/Order to clarify the role of Aboriginal groups/people throughout the life of the facility.
• UNBI desires more transparency in NEB decision-making - how are Aboriginal interests taken into consideration in NEB decisions?
• UNBI would like companies and the government to consider and use the UNBI's consultation policy.
• UNBI would like a role in the LMCI's Stream 4, to provide input to the NEB's principles of abandonment and to have a role in providing an Aboriginal perspective to research related to abandonment.
• On a strategic level, the UNBI suggested the NEB could develop a relationship with the Indian Resource Council (IRC) and Assembly of First Nations (AFN), on broader, policy-level issues.
• UNBI suggested that the NEB could include a 1-page summary with each Hearing Order with pertinent information and refer to the more detailed information in the Order. Summary information should include a brief project description, the issues being considered by the NEB, and options to participate (but refer to HO for more detail on options).
• The NEB could include a glossary for every NEB document sent to the public that contains a description/definition of technical terms and acronyms (e.g., LMCI papers need a glossary).
• NEB should give workshops well in advance of people deciding whether or not to intervene in hearings.
• The NEB could encourage people to call NEB staff with questions on process.
• Regarding company agreements with Aboriginal groups, following is a list of suggested topics and considerations for such agreements:
  • Agreements should be negotiated for the lifecycle of the project (early planning through to construction and operations) and should be reviewed every 5 years.
  • Training, employment and economic benefits. Scholarships and community benefits should be administered by the First Nations themselves.
  • Capital to enable Aboriginal groups to set up businesses and develop joint ventures or partnerships.
  • Consultation protocols.
  • Confidentiality clause regarding TEK.
  • Include funding for studies - including TEK
  • Review of project applications
  • Resources made available for monitoring during construction and operations.
  • Resources to participate in tolls committee.
  • Resources for consultation
  • Set aside contracts
  • Involvement of Aboriginal community members in studies.
  • Resource revenue sharing agreements.

Primary navigation (left column)

Date Modified:

2011-10-28