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LMCI Meeting Summary - Alternatives North - 22 May 2008

22 May 2008
Yellowknife, Northwest Territories

Agenda:

• Seek input on Streams 2 and 4
• Answer questions about the NEB

Key Messages

Stream 2 - Improving Access of NEB Processes

• Experience with the Board has been far easier than with the Joint Review Panel - Alternatives North (AN) has sought procedural advice multiple times from NEB lawyers and found the service to be timely and helpful. David Hamilton was a good choice for the MGP NEB Panel as he understands the North and is well-respected.
• NEB needs to focus on building relationships with both the people of the North and the regional governance bodies (co-management bodies established pursuant to Aboriginal land rights settlements).
• NEB needs to communicate the role of the Board and its mandate as people in the North, including regional governments, do not understand the NEB and its role.
• Gartner Lee report ["Independent Evaluation of the Frontier Exploration and Production Function"] relied mainly on industry feedback and the NEB's response was not inclusive from a citizen's point of view. There has been no follow-up report from the NEB indicating progress on the action plan.
• Nothing was in the NEB's recent strategic plan for the North.
• NEB may not have a good appreciation of the differences in the culture and governance of the North compared to southern Canada. Northerners have a different expectation of government and governance given the consensus-style of government and First Nations influence.
• There is an opportunity for coordination and cooperation with the northern governance bodies - should ensure NEB meets expectations in the North.
• There is a clear need for participant funding for Northerners to engage the NEB, particularly for public hearings.

Stream 4 - Pipeline Abandonment - Physical Issues

• Canadian Environmental Assessment Agency and Environmental Studies Research Fund have advisory committees that could provide an example for the multi-stakeholder committee, as well as lessons learned from those experiences.
• The argument that standards need to be site-specific is not persuasive as regulatory and legislative standards have been developed for the mining industry both in Canada and particularly in the US.
• DIAND did a gap analysis for research needs as they relate to oil and gas exploration and development in the North.
• Abandonment planning should be done up front because without proper planning, liabilities get left to the public in the end - full cost should be paid by the developer.
• The North's experience with several major mine closures has been disastrous.
• A goal of public participation should be to ensure that people have the ability and resources to set out what they want future use to be. This is a two-way street as people need to understand what is technically feasible. Companies should have to try and accommodate communities' desires for future land and water use.
• Traditional Knowledge - there is not a lot of experience in understanding how to collect and use TK in the North. This requires a long-term approach and project timing always is short-term.
• AN has submitted its view of the “Ideal Regime” and an analysis of what is currently in place, which has particular relevance for Stream 4.

Possible Solutions

Stream 2 - Improving Access of NEB Processes

• NEB needs to have a regional office in the North in either Inuvik or Yellowknife that will focus on building relationships and awareness. Workshops or meetings in the North can improve the understanding of the NEB's roles.
• Need a public registry of applications, decisions, terms and conditions, studies, results of inspections and audits, details of financial security, particularly for Canada Oil and Gas Operation Act (COGOA) regulated activities.
• Need an equivalent to the NEB Act Filing Manual for COGOA to be more transparent.

Stream 4 - Pipeline Abandonment - Physical Issues

• Perhaps a sub-committee in Stream 4 can look at closure issues in the North.
• Need for specific closure and reclamation standards for COGOA regulated activities.
• Specific standards are needed to allow for proper calculation of financial security.

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Date Modified:

2011-10-28