Previous consultations with Indigenous communities
The government’s consultations with First Nations and Métis communities on the Trans Mountain Expansion (TMX) Project reflected the commitment to renew its relationship with Indigenous peoples.
Prior to the decision by the Federal Court of Appeal (FCA), federal officials consulted with 117 potentially impacted Indigenous groups in Alberta and British Columbia. In British Columbia, these consultations were done jointly with the province.
The results of Crown consultations were reflected in the November 2016 Crown Consultation and Accommodation Report (CCAR), which summarized issues of concern presented by Indigenous groups, including those related to marine transportation.
Consultations were characterized by four phases:
Summer 2014 – Spring 2015
The government identified and informed potentially impacted Indigenous groups about the project and the consultation approach. Groups were encouraged to participate in the National Energy Board (NEB) review to ensure their views about the project and its potential impacts were on record for consideration by the NEB.
May 2015 – February 2016
The NEB held their review process through hearings and by accepting written and oral evidence from potentially impacted Indigenous participants. Federal officials tracked the NEB hearings to gain a better understanding of the potential impacts on Aboriginal and Treaty rights. In its Reason for Decision, the NEB recommended that the project be approved subject to 157 binding conditions.
February 2016 – November 2016
We engaged directly with Indigenous groups and, in some cases, collectives, to discuss the extent to which the NEB’s recommended conditions for the project respond to concerns from Indigenous groups and identify any outstanding issues and potential accommodation measures to mitigate impacts on their Aboriginal and Treaty rights. In January 2016, we implemented interim principles to strengthen the federal review of the project. As part of this Interim Approach, we:
- extended the review period by four months
- consulted with 117 potentially impacted Indigenous groups in Alberta and British Columbia
- appointed a Ministerial Panel to seek public views at 44 public meetings, receiving more than 20,000 written submissions
- conducted online engagement receiving 35,258 survey responses from Canadians
- assessed upstream and direct greenhouse gas emissions associated with the project
- received 2,250 pages of scientific and technical advice on issues related to the project
December 2016 – August 2018
Following the Governor-in-Council’s decision to approve the Trans Mountain Expansion Project, we engaged directly with Indigenous groups to discuss potential impacts of regulatory authorizations on Aboriginal and Treaty rights and other outstanding issues.
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