Negotiating Impact Development Agreements

Transcription

1 Complaint Slide This is a First Nation s territory, there are no Métis here. Yeah, they told us we should contact you in Ottawa but we don t know who or what you guys really are. Well you don t have land rights anyway. This is private land so there s no impact. This is in the middle of no where so there is no impact. This is within the municipal boundaries so there s no impact. If you don t agree take your problems up with the municipality. We already have an IBA with the First Nations. If you have a problem, take it up with them.

2 Negotiating Impact Development Agreements

3 MNO Governance Structure Governed by the MNO Annual General Assembly/ Métis Citizens Community Councils have been established throughout the province with signed Charter agreements with the MNO. Councils are elected by community citizens. Regional Councillors are elected by citizens to represent the rights and interests of regional rights-bearing Métis communities throughout the province and to organize Community Councils through Protocol Regions. Provisional Council of the MNO consists of 9 Regional Councillors, 5 Executive, 4 Senators, a Youth representative and a Post-Secondary representative.

4 MNO Achievements The only recognized provincial Métis governance structure in Ontario. Home of the historic Powley decision out of Sault Ste. Marie. As part of implementation of Powley, the MNO has negotiated an accommodation agreement with the provincial government on Métis harvesting rights in identified Métis harvesting areas. MNO has established bilateral and tripartite processes with the federal and provincial governments.

5 MNO Duty to Consult Undertook province-wide consultations on the Crown s duty to consult and accommodate in MNO Interim Statement of Principles and Consultation Framework adopted by 2008 MNO Annual General Assembly. MNO Consultation Framework included creation of Lands, Resources and Consultation Branch & Regional Consultations Protocols. MNO has negotiated core consultation capacity with Ontario Government to support MNO Consultation Framework ($8M over next 4 years)

6 MNO Consultation Framework All Métis citizens can participate. Regional Consultation Committees works with MNO Lands, Resources and Consultation Branch and engages Métis community Fair, inclusive and transparent process Economies of scale communities have access to environmental expertise, legal, GIS, etc.

7 Consultation Committee Made up of: Regional Councillor as Chair Council President from each Council within the Region that has signed the Consultation Protocol Captain of the Hunt (ex-officio) LRC staff (ex-officio) Sometimes includes: Senator Youth representative

8 Consultation Committee Represent regional rights-bearing Métis community in consultation activities Determine whether consultation is required, how it will take place and what capacity they require for consultation to be meaningful Can delegate consultation to a single Community Council if the impact is determined by the Committee to be localized

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10 LRC Branch Provide technical support and expertise to the Consultation Committee Collect and distribute information Track projects Prepare correspondence for Committee Draft reports and summaries for Committee Coordinate meetings with proponents and government

11 Consultation Framework 3 Phase process: Pre-consultation Consultation Accommodation

12 Duty to Consult: Phase One Trigger for Consultation Notice to Métis Assessment by Métis Métis Response Consultation Stage

13 Duty to Consult: Phase One Notice to Métis Trigger for Consultation Assessment by Métis Métis Response Consultation Stage

14 Trigger Anytime there is a proposed project that may affect the lands or resources of an area of traditional use.

15 Duty to Consult: Phase One Trigger for Consultation Notice to Métis Assessment by Métis Métis Response Consultation Stage

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17 Duty to Consult: Phase One Trigger for Consultation Notice to Métis Métis Response Assessment by Métis Consultation Stage

18 Initial Assessment The LRC Branch has developed a protocol for distributing notices to Consultation Committees for their review and assessment.

19 Initial Assessment PROJECT TITLE: 230kV Wood Pole Transmission Maintenance (Dryden to Mackenzie) CONSULTATION COMMITTEE OR COMMUNITY COUNCIL: Lake of the Woods/Lac Seul/Rainy River/Rainy Lake Kawartha/Ottawa River LRC RECOMMENDATION: Request a meeting with the proponent. REQUIRED LRC RESPONSE DATE: December 4th, 2009 OTHER IMPORTANT DATES: none DOCUMENTS ATTACHED: yes LRC CONTACT: Steve Sarrazin (stevens@metisnation.org)

20 Initial Assessment PROJECT DESCRIPTION Hydro One is planning maintenance on 230kv wood poles transmission structures between Dryden and Mackenzie. They are planning to replace a number of aging poles. They will use the existing corridor for the lines. They will also use existing trails and roads in order to minimize site impact. There will be a class EA beginning January 2010 for the project. If the Consultation Committee has interest in the project Hydro One is willing to meet and address any concerns. POTENTIAL IMPACTS Waterways and wetlands in the area may be affected by this activity. Hydro One is not planning to disturb extra land for this project and will be reusing the existing corridor.

21 Initial Assessment REPLY PROCESS: 1. Each Consultation Committee member should respond to the LRC recommendation using "Reply All" on her/his software. Please indicate if you agree or disagree with the recommendation. If you disagree, please explain why. 2. The Consultation Committee Chair will assess the views of the Consultation Committee, encourage any additional discussion, if required, and send a reply to LRC stating the final decision.

22 Duty to Consult: Phase One Trigger for Consultation Notice to Métis Assessment by Métis Métis Response Consultation Stage

23 Duty to Consult: Phase One Trigger for Consultation Notice to Métis Assessment by Métis Métis Response Consultation Stage

24 Duty to Consult: Phase Two Memorandum of Understanding or Protocol Agreement what s in a name?

25 Purpose of Consultation Determine, as concretely as possible, the potential impacts of a project on the rights and traditional way of life of an Aboriginal people through an assessment process.

26 Get agreement in early stages (i.e. well before EA or EIS being filed): Workplan & Budget to develop capacity of community to meaningfully assess potential effects on Métis rights and way of life Staffing and meeting costs, legal, etc. Technical reviews, expert reports Traditional knowledge studies Communications (i.e. Métis Voyager, mailouts, etc.) Could include funding for training, ec dev, etc. Possible commitment to negotiate an IBA or accommodation based on identified impacts Realistic Schedule for Work MOU or Protocol Agreement

27 Assessing Effects on Métis Current EA process is insufficient for assessing effects on Métis Traditional knowledge must be incorporated to ensure no impacts on Métis way of life Métis must be involved in development of mitigation and monitoring plan Métis must be the environmental monitor o Training to become Environment Monitors o Métis community becomes co-proponent

28 Duty to Consult: Phase Three Accommodation Accommodations flow from consultation (i.e. after information gathering shows project will affect Métis). Accommodations are meant to minimize the negative effects and impacts on Métis by achieving a balancing of Métis rights and interests with government, industry and non-aboriginal interests. Accommodations are meant to further the ongoing reconciliation process between governments and Aboriginal peoples that is mandated by the honour of the Crown and s. 35 of the Constitution Act, 1982.

29 Duty to Consult: Phase Three Accommodation Plan A: Mitigate the Impact Plan B: If you cannot Mitigate, Accommodate.

30 Duty to Consult: Phase Three Accommodation

31 Environmental Impacts Develop a biodiversity initiative with the Métis community to compensate for impacts Make land available for Métis harvesting Alter elements of the project to avoid environmental impacts identified by Métis community Hire and train Métis as Environmental Monitors to ensure Métis way of life is protected throughout the project life cycle

32 Socio-Economic Impacts Provide opportunities for Métis to be trained in the skills proponents need for a successful project Scholarships/bursaries coupled with guaranteed summer placements Community development funds, community business opportunities (i.e., joint venture commitments, etc.) Possible equity or position in project

33 Duty to Consult & Accommodate Step 1: Determine the Impact Step 2: Mitigate the Impact Step 3: If you cannot Mitigate, Accommodate.

34 IBA or Accommodation Agreement A good agreement is legally binding and could consist of: A mitigation plan developed by the Métis community in collaboration with the proponent A monitoring plan that guarantees the Métis community a long-term role in monitoring project effects An equity share of the project to accommodate for impacts that cannot be mitigated. A training and employment strategy to accommodate for socio-economic impacts. A biodiversity initiative developed collaboratively

35 Timeline From notification to accommodation, consultation can take several months or years Métis groups have limited resources and there are countless projects across the Homeland Impatient proponents slow the process down by trying to rush Métis communities Want to speed it up? Dedicate government resources Set timelines and make them painfully clear Advise proponents of the costs of consultation

36 Achievements New Relationship Fund renewal for next 4 yrs Office furniture & equipment for Councils Council-driven studies (mapping, etc.) Hiring 12 LRC staff to support consultation Core training to Councils Finance & Administration, Governance, Environmental Assessment, Technical Seminars: mining, aggregate and land use planning

37 Achievements Communications through LRC Newsletter Presentations to government & proponents Launched a new project tracking system using Sharepoint GIS across the province Processed over 750 project notices since June 2009 Engaged in over 100 consultations What does that look like?

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39 Achievements Georgian Bay TK Study (Hydro One) Southern Ontario TK Study (OPG Darlington) Submission to the Federal Joint Review Panel for the Darlington New Nuclear Project Completion of in-house Technical Review for Detour Lake Gold Mine MOU signed with Detour Gold Accommodation agreement in final development stages with Enbridge/RES

40 Achievements Signed General Relationship Agreement with Brookfield Great Lakes Power Union Gas More GRA s in the works: Goldcorp NWMO Developing training and economic development agreements with proponents through consultation activities Several MOUs, Protocols and Accommodation Agreements by Regional Consultation Committees in negotiations

41 What s Next Continue to implement multi-year workplan and support Métis communities through the NRF: More training More community outreach More capacity for Community Councils, etc. Begin to create a knowledge base of information on Métis land use and way of life Increase access to economic development and ensure Métis sharing in resource development Take increasingly aggressive stances with governments and proponents who refuse to consult or fairly deal with Métis