GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

Transcription

1 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

2 TABLE OF CONTENTS Section 1 Purpose of this Guide...1 Section 2 Fundamentals of Public Involvement...3 Section 3 Public Involvement Across Diverse Communities...9 Section 4 Steps for Implementing a Public Involvement Program...13 Section 5 Backgrounders...25 Section 6 Toolbox...77 Section 7 Case Studies...89 Section 8 Sample Public Involvement Policy Statements Section 9 Glossary Section 10 Resources and References Section 11 Bibliography Guide for Effective Public Involvement Copyright: Canadian Association of Petroleum Producers 2100, Avenue SW Calgary AB T2P 3N9 Tel: Fax: communication@capp.ca For additional copies of the Guide for Effective Public Involvement, visit GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

3 SECTION 1 PURPOSE OF THIS GUIDE The ability to engage in effective public involvement is an essential competency for companies within Canada s upstream oil and natural gas industry. Public involvement can help foster positive and productive relationships with stakeholders including landowners, non-government organizations, government and regulatory bodies, aboriginal communities, and the numerous others with whom Canadian Association of Petroleum Producers (CAPP) member companies interact. The purpose of this Guide is to introduce you to the fundamentals of public involvement, to help you design your own effective public involvement program, and to serve as an on-going reference for your public involvement activities. The purpose of this Guide is to introduce you to the fundamentals of public involvement to help you design your own effective public involvement program, and to serve as an on-going reference for your public involvement activities. Scope of Information this Guide Offers This Guide will help you to: understand the fundamentals of public involvement; express the business case for public involvement; develop and implement public involvement programs that suit the unique requirements of different activities and stakeholders; and, evaluate public involvement results. This Guide does not explain detailed how-to s, or operational, licensing or regulatory requirements that you must complete or meet. The content of this Guide is not prescriptive but rather is meant to provide useful information for you to consider to get started in developing your own public involvement programs. This Guide simply recommends best practices how each member company chooses to build and manage its public involvement program is up to that company. Furthermore, while there are references throughout the Guide to regulations and regulatory agencies that you should be aware of, this is not a complete listing of regulations and agencies. Part of creating your public involvement program is to research any operational or regulatory commitments that must be met on a continuous basis. Who Should Use this Guide? This Guide is intended for CAPP member company employees, contractors, community relations practitioners, project managers and others new to public involvement and who may find themselves dealing with stakeholders less knowledgeable, or very familiar with the upstream oil and gas industry. When to Use this Guide You can use this Guide as a reference when your company is: planning a new project; operating in a new area; expecting a significant change in an existing business activity that warrants a public involvement program; or, using public involvement as part of a long-term stakeholder relations strategy. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 1

4 What this Guide Contains This Guide contains the following information: 1) Purpose of This Guide outlines the purpose of this document, the scope of information it offers and for whom the Guide is intended. 2) Fundamentals of Public Involvement explains what public involvement is and provides guidelines to consider for ensuring your public involvement program is effective. 3) Public Involvement Across Diverse Communities examines the different geographic areas across Canada and the unique needs of diverse communities that must be considered when you are embarking on a public involvement program. 4) Developing and Implementing a Public Involvement Program outlines a recommended process of public involvement step-by-step, from identifying your stakeholders and issues to carrying out public involvement and issues resolution. 5) Backgrounders offers additional supporting information to help you understand public involvement and help you design and implement your public involvement program. The backgrounders provide detailed information on topics ranging from developing trust and credibility, engaging in public involvement with Aboriginal communities to communicating techniques and how to host an open house. 6) Toolbox offers documentation and planning tools to help you develop a public involvement plan. 7) Case Studies includes case studies of public involvement programs used by CAPP member companies. 8) Sample Public Involvement Policy Statements provides sample policy statements for guidance when developing your own policies. 9) Glossary includes terminology unique to the public involvement process. 10) References and Resources lists a range of selected public involvement resources including books and references, sources of information about dispute resolution, risk communication, and Aboriginal relations and engagement, as well as related associations and agencies. This part of the Guide also provides links to some of the Canadian regulatory and legislative statutes governing public involvement for oil and natural gas companies throughout selected regions in Canada. 11) Bibliography Updates to this Edition This is the third edition of the Guide for Effective Public Involvement, produced by a committee of experienced public involvement professionals working in the oil and natural gas industry. This edition: updates and expands sources of further information on the fundamentals you will need to implement the right public involvement program; describes diverse communities to help you understand that no two communities are alike when it comes to public involvement; contains detailed backgrounders that provide additional information that will help you develop and implement your public involvement program; contains a detailed resources section with links to regulations from different regions that might impact your public involvement program; and, expands in scope from a predominantly Western Canada focus, to a more national focus. 2 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

5 CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS SECTION 2 FUNDAMENTALS OF PUBLIC INVOLVEMENT

6 Section 2 Fundamentals of Public Involvement What is Public Involvement?... 3 When is Public Involvement Necessary?... 3 The Increasing Importance of Public Involvement... 4 The Business Case for Public Involvement... 4 Guidelines for Effective Public Involvement... 5 CAPP s Commitment to Public Involvement Stewardship Initiative... 8 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

7 SECTION 2 FUNDAMENTALS OF PUBLIC INVOLVEMENT What is Public Involvement? No one debates the value of good relations between the petroleum industry and its stakeholders. Misunderstandings, disagreements or opposing views can affect your business, resulting in cost increases, project delays, and regulatory censures, which can ultimately lead to a poor corporate reputation. A public involvement process should not be cookie-cutter. Tailor each program to suit the community in which you are working. Public involvement is the term used for a spectrum of approaches that can help mitigate misunderstandings or disagreements with stakeholders. It gives stakeholders the opportunity to participate in and possibly have increasing levels of influence over business activities that may affect them. Public involvement plays a critical role in raising awareness of a project s potential impacts and in gaining agreement on management and technical approaches to maximize benefits and reduce negative consequences. It requires two-way communication to negotiate how your company and stakeholders can work together to resolve any substantive issues. It requires that you share information with your stakeholders on some aspects of your operations or your project planning, decision-making, implementing and evaluating. How much influence, by whom, and over what, are central questions for the public involvement process. Public involvement is a fit-for-purpose. In other words, there is not one public involvement program that is a template for every project. Each stakeholder has their own interests, perspectives and experience with industrial developments. By getting to know each other, you can identify mutual interests and mutual solutions to problems, creating a public involvement program that is right for your company and the communities with whom you interact. When is Public Involvement Necessary? As a general rule, you should anticipate some concern from the public regarding oil and gas operations or development projects. Activities such as seismic work, pipeline construction or sour gas plant operations can raise concerns. Much of the petroleum industry s activity requires access to lands that are owned, occupied and used by others. These people will likely want to have input regarding projects that may impact them. Public involvement is necessary when: there is public interest in the project or activity; the scale or type of your activity is perceived as significant; there is a need for developing emergency response plans; those affected expect to be involved in the process; there is a regulatory requirement; or, there is emerging legislation, policy or legal actions relating to your activity. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 3

8 Example Scenarios of When Public Involvement is Necessary A company is planning to drill a sour gas well upwind from a small town the first such well drilled in that area. Residents are concerned about impacts of these sour gas operations. An undersea pipeline is to be built from a gas well offshore of Newfoundland to the coast, and then continue on overland to a natural gas pipeline hub in Ontario. A sour gas-gathering pipeline is to be built from a new well to connect to an existing pipeline. The line will run near some farmsteads, an elementary school, and under a river. A company plans to apply for reduced spacing/infill drilling. There are concerns of increased traffic and related issues associated with the proposed operations. An oil and gas company is planning seismic operations in an area on Crown land in proximity to a First Nations reserve. An oil and gas company is planning to drill three sweet gas wells in a rural community. See also The Panther Advisory Group case study found in Section 7 for a practical discussion of how performance measures are being used. The Increasing Importance of Public Involvement As industry and our society grows and changes, the need for meaningful opportunities to involve stakeholders in decision-making also grows. The following drivers have influenced the increasing importance of public involvement. Driver 1: Stakeholder expectations Rather than accepting a company that says trust us, stakeholders are moving beyond wanting to be informed to wanting to participate in decisions that affect them. This has resulted in escalating pressure on business to shift focus from telling stakeholders about development plans to encouraging their involvement in the decision-making process. Driver 2: Changing regulatory expectations and standards In tandem with changing stakeholder expectations, the requirements for public involvement have become entrenched in regulations. Evolving regulatory requirements that reflect changing public expectations and legal requirements represents a pendulum shift towards much more defined and extensive public involvement for capital project development. The impact of regulatory decisions on project approvals are increasingly significant. (e.g. Polaris/Maycroft ; Shell Canada/Ferrier ; Stampede Oil Inc./Priddis, Millarville ) Driver 3: Responsible development Stakeholders issues have gone from being primarily economic and environmental to including matters of overall corporate social responsibility. As a result, many companies have adopted a responsible development approach where corporate performance is assessed against a triple bottom line of economic, environmental and social values. Stakeholders use these performance measures to evaluate whether a company is conducting its business in a responsible manner. This trend has created a major shift in the corporate-stakeholder relationship, which has lead to a far greater emphasis on public involvement methods. The Business Case for Public Involvement Public involvement makes good business sense. It can benefit a company in many ways, in both the short and long term. Public involvement can help you: establish or improve relations with residents and representatives of communities, interest groups, organizations, agencies and governments; identify your stakeholders interests, concerns and priorities in the planning stage of development. This information will enable you to provide early warning signs to stakeholders about important issues and reduce opposition and the likelihood of costly delays, stoppages, litigation, or bad press; build a positive foundation for working with stakeholders to resolve problems, make informed decisions, and reach a common goal; follow a more routine and streamlined license application process; meet regulatory requirements for meaningful consultation with stakeholders; and, maintain a license to operate. Companies are rewarded by both regulators and markets depending on their social and environmental performance. 4 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

9 Guidelines for Effective Public Involvement While there isn t a one-size-fits-all approach to public involvement, the following guidelines should be addressed to ensure the effectiveness of your public involvement program. Guideline 1: Ensure corporate commitment Public involvement should be an integral part of your company s business planning process and overall corporate strategic plan. Senior management needs to demonstrate a strong commitment to public involvement. Not only are they responsible to help champion the public involvement process, they are also responsible to get buy-in from others in the organization that contribute to making the public involvement process work. Ensuring a common understanding of the business case for public involvement will help build a company-wide commitment to public involvement. Guideline 2: Start early Public involvement should start early, if possible before detailed plans and feasibility assessments are completed, and should continue throughout the lifecycle of your operations. Exchanging information with stakeholders at an early stage can: lead to better informed project planning and decision-making; create an opportunity for stakeholders to provide meaningful input; increase the chances of resolving concerns as they occur; and, open the door for working together before significant time and resources have been invested in detailed planning. Remember plan ahead Public involvement is generally easier if you initiate it early rather than waiting to respond to issues of public concern. A request for your involvement by another party may indicate there is already a problem or conflict to resolve in which strongly held and polarized views may already exist. See also Step 1 to 3 in Section 4, pages and Backgrounder #14: Public Involvement Spectrum, page 70. Remember Research regulations that may impact your project in your particular jurisdiction. Guideline 3: Define clear objectives It is important to establish clearly defined objectives for your public involvement program. Clearly defined objectives will ensure you: choose the appropriate level of public involvement; maintain focus as you execute and evaluate the effectiveness of your public involvement program; and, See also Step 1 in Section 4 on page 13 for more information. remain accountable throughout the public involvement process. Guideline 4: Identify and respect your stakeholders It is important you recognize that your stakeholders will be different for each project. As early as possible, you need to identify the direct and indirect stakeholders who may be impacted by your activities. Identifying these stakeholders and involving them early in the process can help reduce frustrations. Not only will your stakeholders be different for each project, but they will also have different history, cultures, perspectives, values, approaches, and interests. Your public involvement program should centre around respecting your stakeholders by honouring their diversity. The challenge of each project is to design a public involvement program appropriate to the particular individuals or groups affected by your activities. Remember Identify your stakeholders Recognize your stakeholders are different for each project Direct stakeholders, such as landowners, will be directly impacted by your project. Indirect stakeholders, such as a storeowner, are more on the periphery of your project Honour their cultural diversity CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 5

10 See also Backgrounder #3: Communicating and Listening Effectively, page 29. Guideline 5: Be flexible and responsive Your company s public involvement processes must be responsive and flexible to local community needs and agenda (e.g., calving, seeding and harvesting in farming areas; absences for vacations and recreation during short northern summers; religious holidays and festivals). Throughout the project, try to make their involvement easier through efforts on your part, such as: providing concise summaries of technical documents; meeting with each participant individually to clarify and document questions and suggestions before trying to get everyone together for a meeting at one time; rotating the location of meetings so that no individual is disadvantaged continuously with onerous travel requirements or costs; and, trying a conference call or videoconference instead of a meeting. Guideline 6: Communicate effectively Effective communication involves more than speaking to the affected communities in proximity to your company s operations. It also involves: sharing understanding with your stakeholders by listening carefully, being open and honest, communicating clearly; providing opportunities for information exchange and mutual education about interests, objectives and values; and, ensuring consistency in company messages from one department to another any differences of perspective should be acknowledged and explained. Guideline 7: Allocate appropriate resources and budget Public involvement takes the time and the commitment of appropriate human, technical and financial resources to manage risks and achieve a positive outcome. The resources available are an important factor in your ability to respond to issues and concerns and to work effectively with communities and other interested parties. Senior managers need to ensure adequate lead time and resources are available to the company s public involvement personnel. Often a major barrier to effective public involvement is the short timeframe within which company personnel and contractors are required to work. The costs for public involvement processes must also be included in project budgets as compared to being contingency items. Verify in advance cost estimates for meeting and administrative needs, communication and related equipment, technical information and research. Complete estimates will ensure the appropriate funds are allocated for implementing an effective public involvement program. A strong public involvement program may save you money by helping you avoid angry stakeholders and possible hearing delays. 6 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

11 Guideline 8: Choose the right people The public face of your company may include individual staff, consultants and contractors. If you appoint a person to be responsible for your public involvement program, it should be someone from the company who is known and trusted in the community and who has the authority to make good on the company s promises. While you will want to maintain continuity with your company representative, it may be necessary on occasion to send other representatives to deal with specific issues. Always send the right person for the right job (e.g., a scientist to discuss environmental impacts, a senior manager to discuss corporate policy and plans). If those representing your company can communicate consistently and effectively, and can demonstrate respect, understanding, responsiveness and integrity, people will see this as a reflection of your company s style and commitment. If those speaking for the company are cold, unsympathetic, defensive, inconsistent or uninterested, this will reflect badly on your company. When representatives lack technical information or have little or no authority or skill to negotiate decisions or commitments, the impression is left that the company does not take public concerns seriously and is only going through the motions for appearance s sake, or is incompetent. Although your company may choose to outsource public involvement expertise, it remains your company s responsibility to build relationships with your neighbours and other stakeholders. See also Backgrounder #1: Trust and Credibility, page 25 and Backgrounder #8: Choosing the Right People, page 45.. Guideline 9: Support training Abilities to involve the public and to communicate effectively are too important to be left to chance. Take steps to ensure that inexperienced people are helped by more experienced people and that untrained people are trained. Make sure that the people interacting with the public on behalf of your company are strong communicators, comfortable interacting with the public, and able to demonstrate respect, openness and integrity in the public processes. If your company chooses to outsource public involvement expertise, it remains your company s responsibility to build relationships with your neighbours and other stakeholders. Even with outside help, your company needs to know when to initiate public involvement processes, how to select outside expertise, how to participate effectively and what needs to be done to support and to follow up with public involvement processes. Guideline 10: Make public involvement an on-going process Your company s public involvement policy needs to be applied consistently from planning through to approvals, construction, operations, decommissioning and abandonment. Public involvement can present challenges to every phase of petroleum activity and each phase requires a different approach. See also Backgrounder #13: On-Going Public Involvement, page 68. Unfortunately the need for public involvement when planning new projects often gets more attention than the need for public involvement in on-going operations or reclamation. In many cases, these new developments will have a twenty-to thirty-year life span with many opportunities to involve the public. An on-going public involvement program helps maintain positive attitudes about the company in the area, fosters public tolerance for problems when they occur and reduces costly delays or local opposition to new permits for upgrades/improvements to existing operations or further development in the area. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 7

12 CAPP s Commitment to Public Involvement Stewardship Initiative Stewardship promotes responsible development, systematic management and helps CAPP members make continuous improvement in environment, health, safety and socio-economic performance. Through this initiative, stakeholders will recognize CAPP members as responsible leaders in petroleum development. The Guide for Effective Public Involvement is a Stewardship core document and demonstrates CAPP s strong commitment to the development of best practices in all areas of our industry, and to the public involvement process. Effective public involvement is a fundamental component of Stewardship. CAPP encourages member companies to appreciate the benefits of Stewardship and encourages effective public involvement. Principles of Stewardship Recognizing Stewardship as a high corporate priority and integrating it into operations and business planning Listening and responding to public concerns Increasing communication and reporting to stakeholders Developing objectives and targets to measure performance and continuously looking for opportunities to improve Supporting applied, peer-reviewed research to increase knowledge, assist with decision-making and develop solutions to industry environment, health and safety (EH&S) issues Pursuing proactive strategies and supporting sound management systems Promoting the understanding of sustainable development and the efficient and wise use of resources Participating constructively in the development of public policy 8 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

13 CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS SECTION 3 PUBLIC INVOLVEMENT ACROSS DIVERSE COMMUNITIES

14 Section 3 Public Involvement Across Diverse Communities Atlantic Canada... 9 Western Canada Northern Canada GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

15 SECTION 3 PUBLIC INVOLVEMENT ACROSS DIVERSE COMMUNITIES No two communities are alike farming, Aboriginal or urban communities differ from one to the next across Canada. The variations can occur due to geography, cultural composition, history, economic base, and demographics. These differences are a key reason why your public involvement activities will vary significantly from one project to another. What worked well in one region may not work in another. Thinking that since an open house worked well in Stettler, Alberta, it can be repeated in Northern British Columbia is not true. Understanding opinions and attitudes and the unique considerations of different communities is critical to the success of your public involvement program. Communities also differ in terms of governance. When building your public involvement program, it is important to be aware of all regulatory requirements at all government levels municipal, provincial, federal and territorial that may affect your project in that particular region. This section describes various regions across Canada in which the oil and natural gas industry operates and some of the diverse stakeholders in those regions. It lists examples of unique considerations you should be aware of prior to embarking on a public involvement program in that particular community. By no means do the communities listed include all the diverse stakeholders across the country; however, they do provide good examples of diversity across Western, Northern, and Atlantic Canada. Some of the communities and unique considerations listed in one region may also be found in other regions of Canada, but for the sake of brevity they are discussed only once. It is important you profile the community your project may affect before you begin your public involvement program to ensure that you are completely aware of their expectations, issues, culture, history, and previous experiences. Remember Address diversity in your public involvement plan by: developing profiles for communities and other stakeholders involved to understand their diversity and unique needs making sure your project team understands the social and cultural realities considering cultural awareness training to better understand different cultures See also Section 4, Step 1, page 13 and Backgrounder #4: Community Profiling page 34. Atlantic Canada Atlantic Canada has numerous diverse communities with many different stakeholders including: Aboriginal communities, fishers, farmers, regulators and residents. Following are some unique considerations you should be aware of when conducting a public involvement program: Impacts on the fishing industry Fishing communities typically require public involvement supported by research that assures your project and your company will have minimal impact on the fishing industry. Economic variances There is a big difference between rural and urban Atlantic Canada. Not only is the population in the provinces spread among many small communities, but the economic variances between rural and urban Atlantic Canada are also prominent. Education about oil and gas development There is a greater need to educate people about the industry in some areas before involvement can begin. The industry is in various stages of development (advancement) in Atlantic Canada, ranging from very developed in some areas with a population that has a good understanding of the industry to areas in which there is no development and residents often lack a basic understanding of the oil and gas industry. Local benefits Atlantic Canadians understandably tend to feel a real sense of ownership for natural resources. Linking resource development and tangible benefits provided through industry on a continuous basis is essential as many people feel that they have been robbed by past projects in the natural resource sector. Atlantic Canadians are paying considerable attention to the level of industrial benefits generated in their area, historically and in the future, as a result of oil and natural gas activity. Benefits such as business contracts, taxes, royalties, direct and indirect employment, and research and development are important to the community. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 9

16 Opinion leaders Small communities often have local leaders, particularly municipal politicians and church leaders, who tend to have a great deal of influence over public opinion. The following websites provide additional information: Canada-Nova Scotia Offshore Petroleum Board This independent joint agency of the Governments of Canada and Nova Scotia responsible for the regulation of petroleum affairs and safe practices offshore Nova Scotia. Canada-Newfoundland Offshore Petroleum Board The Canada-Newfoundland Offshore Petroleum Board manages the petroleum resources in the Newfoundland offshore area on behalf of the Government of Canada and the Government of Newfoundland and Labrador. The Board's authority is derived from the legislation implementing the 1985 Atlantic Accord between the two governments. Western Canada In Western Canada, the stakeholders that interact with the oil and gas industry range from Aboriginal communities to ranchers, urban communities, trappers in the Boreal Forest and on the eastern slopes, and Environmental Non-Government Organizations (ENGO s.) Some of the unique considerations you should be aware of when conducting public involvement in Alberta, British Columbia and Saskatchewan include: Involvement and Respect Landowners expect to be treated with respect due to the proximity of your project to their property and livestock. Not in My Backyard (NIMBY) Refers to individuals and groups who are not opposed to oil and gas activity so long as that activity does not directly impact them. When the activity is near them, they may have concerns or oppose it. Particular issues raised may include traffic, noise, lights, public health and safety, and setback restrictions. Compensation Landowners (i.e. title owners of property) are interested in equitable and fair compensation when a company accesses a resource on their land. Compensation, other than through payment, to those who are deemed directly or adversely affected by oil and gas development may be identified through a public involvement program. Sour Gas The public and communities have clearly stated their concerns over sour gas development, while many also recognize its importance to the economy. The increasing demand for natural gas means that more and more landowners and residents are being presented with proposed sour gas developments in and around their communities. The Alberta Energy and Utilities Board (EUB) has heard the public's concerns and, in January 2000, formed the Provincial Advisory Committee on Public Safety and Sour Gas (Advisory Committee) to review the regulatory system for sour gas as it relates to public health and safety. Based on the input received, the Advisory Committee made 87 recommendations to the EUB for improving the regulatory processes and the overall public understanding of sour gas development and operations. The Public Safety & Sour Gas Findings and Recommendations Final Report was published in December GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

17 Upon receiving the recommendations of the Advisory Committee, the EUB immediately established the Public Safety Implementation Team (PSIT) to develop a plan of action for accomplishing these tasks and to coordinate on-going implementation. The recommendations were grouped into five categories: Health Effects and Sour Gas Research Sour Gas Development Planning and Approval Sour Gas Operations Emergency Preparedness Information, Communication, and Consultation To keep EUB stakeholders informed of progress, quarterly reports are issued throughout the year and a more detailed annual progress report is published each April. For more information see the PS&SG Findings and Recommendations Final Report, Public Safety and Sour Gas Advisory Committee, December See also Backgrounder #9: Aboriginal Communities and Public Involvement, page 50. Aboriginal Relations Aboriginal communities are interested in opportunities to develop capacity for workforce participation through education, workforce training and work experience, business development and employment opportunities, and to consult with industry and government. Environmental Considerations The environment is at the forefront for many people in this region, including the total and cumulative impacts of development on: wildlife; agriculture; farm livestock; lakes, rivers, oceans and domestic water supplies; air quality; greenhouse gas emissions; and, contamination of soil and water from fuel and oil spills. Minimizing Industrial Footprints Industries are under pressure to minimize their industrial footprint on the land. Through initiatives like integrated land and resource management, industrial activities are better coordinated to reduce cumulative impacts. Synergy Groups In Alberta, there are more than 40 synergy groups across the province working together to resolve local issues in productive ways. Synergy groups encompass a diverse range of forms, structure and mandates. They typically are made up of representatives from the community, oil and gas industry, regulators, ENGOs, and other industries and associations. These groups take a proactive approach to identifying issues at the community level and are interested in working with companies and government to ensure that development is responsible. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 11

18 For more information on regulations that apply to Alberta, British Columbia and Saskatchewan, visit the web sites below. Alberta Public consultation requirements regarding energy development activity under the provincial (EUB) regulations and legislation, e.g., Guide #56, #71, #60, #65, #28, etc. Government of Alberta British Columbia BC Oil and Gas Commission Saskatchewan Saskatchewan Industry and Resources Saskatchewan Environment Department of Energy and Mines and Agriculture and Food Northern Canada After decades of relatively little activity, the oil and natural gas industry is re-focusing on the North. Some unique considerations you should be aware of include: Different perspectives are prevalent in the North One community might be opposed to development because they want things to remain as traditional as possible. Other communities however, may welcome development. Economic development of Aboriginal communities Many local community residents are hired to work in various capacities on development and exploration sites and facilities. The Government of Yukon and the Kaska Nation for example, have developed a Benefits Agreement. They are committed to building skills capacity amongst the Kaska Nation, its citizens and residents of communities in proximity to the oil and gas activity. This will allow them to take advantage of employment opportunities and ensure that employment is fair and equitable. Education and training Education and training levels among Aboriginal people in the North are still much lower than those in the other areas of Canada. Aboriginal groups have coordinated funding and education programs to prepare local residents for the demands and requirements of the oil and gas profession. Areas of Importance Aboriginal communities may place importance on the following when facing oil and gas development in their area: natural resources such as minerals, water, timber, fish, wildlife, scenery, fertile land, oil and gas; human capital, including the skills, knowledge, and expertise of the labour force acquired through education, training and work experience; institutions of governance, including the laws and organization of regional and local government, from constitutions to legal or business codes to the tribal bureaucracy; and, culture, including beliefs of normal and proper ways of doing things and relating to other people and the behaviour that embodies those beliefs. The following web sites provide additional information: Indian and Northern Affairs Canada regulatory roadmaps 12 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

19 CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS SECTION 4 STEPS FOR IMPLEMENTING A PUBLIC INVOLVEMENT PROGRAM

20 Section 4 Steps for Implementing a Public Involvement Program Step 1 Establish Preliminary Plan Identify Project Parameters Ensure Corporate Commitment Understand Regulatory Requirements Factors in Determining the Level of Public Involvement Gather and Analyse Preliminary Information What to Look For Information Sources Identify Possible Issues and Stakeholders Document all Commitments and Contracts Allocate Appropriate Time, Resources and Budget Plan for Public Input to be Incorporated into Decision-Making Wrap Up Step Step 2 Make Initial Community Contacts Make Preliminary Contacts Communicate With Formal/Informal Leaders Identify Issues Determine How Stakeholders Wish to be Consulted Wrap Up Step Step 3 Prepare a Detailed Plan Plan Public Involvement Activities Wrap Up Step Step 4 Continue Next Level of Public Involvement and Issue Resolution Carry Out Public Involvement Activities Continue to Track Contracts and Commitments Analyze Information Creative Problem Solving and Consensus Building Following Through with Public and Stakeholders Wrap Up Step Step 5 Monitor and Evaluate Monitor Program Activities Monitoring Approaches Evaluate Program Wrap Up Step GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

21 SECTION 4 STEPS FOR IMPLEMENTING A PUBLIC INVOLVEMENT PROGRAM Public involvement is a cyclical process that can be divided into five general steps. This section describes these steps in sequence; however, public involvement may not follow such a straightforward manner. To effectively implement a public involvement program, it s necessary to keep the process flexible. Step 1 Establish Preliminary Plan A preliminary plan provides the framework for your public involvement program. At this stage, your goals are to gather background information so that you can begin to: develop a clear description of the project; gather preliminary information about your publics; understand regulatory requirements for public involvement; identify the issues that the public might raise; allocate the necessary time resources and budget; plan for emergency response, if necessary; identify what information needs the public may have; initiate a process for tracking contacts and commitments; and, consider how public input will be incorporated into decision-making. 1 As you move through these steps, you will learn more about your publics and the issues they have and you will be able to refine this initial information even further. Identify Project Parameters As has been pointed out previously, no two public involvement plans should be identical. Depending on factors such as the project parameters, the history of company operations in the area and the likely level of public interest in the project, developing a preliminary plan could involve detailed background studies and weeks of planning. On the other hand, it could mean intuitively spending a few minutes to determine who should be contacted, why and how. Ensure Corporate Commitment Success in public involvement requires a clear commitment to corporate policies that are reinforced by senior management and driven by explicit goals, targets, and timetables. This often requires a champion at the executive level, even the CEO, to ensure that the message gets through to all levels of the company. Understand Regulatory Requirements It is essential to gain an understanding of all regulatory requirements that apply to your projects. Avoid minimizing or using uncertainty of requirements as a reason for non-compliance. A regulator has the authority to approve or deny proposed energy developments and to audit projects once in the production phase. Regulatory requirements are to be viewed as the minimum that must be done, but each project should be examined for unique elements that may suggest efforts that go beyond the minimum. Public involvement should also continue throughout the life of the project, and not simply occur during the pre-application stage. The key is to understand the regulatory requirements and expectations, and to seek clarification or assistance of the regulator where unique circumstances arise. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 13

22 Internal publics are others in your company who: are familiar with the geographic area and its people; have public involvement experience with similar developments elsewhere; may need to approve or support your public involvement program (including project planners and decision-makers who need to integrate public input into their planning); might assist you in implementing your plan; may need to be kept informed about implications related to their activities (e.g., senior management, exploration, drilling, construction, operations, environment, safety, surface land, purchasing, engineering, community relations, public affairs, regulatory affairs, legal affairs or human resources); and, otherwise have a stake in the outcome. It is essential to ensure that your public involvement program meets the regulatory requirements that apply to the project. This requires developing an understanding of the regulatory requirements and how they will impact your public involvement plan. Determining the Level of Public Involvement There are three factors that are key to defining the level of your public involvement program: 1) scale of your activity, e.g., extensive development could increase the impact on communities in which you operate; 2) sensitivity of your activity, e.g., drilling a sour gas well could be perceived as more sensitive than upgrading the turbines at a compressor; and, 3) nature of public interests the public involvement plan must reflect the nature of the publics who may have an interest in your activity. Gather and Analyze Preliminary Information Before making initial contact with the community, begin collecting background data to identify a preliminary list of publics (external and internal) and key issues. While there is no way to prevent all unpleasant surprises, background data collection is a quick and effective approach to anticipating public controversy. It helps you prepare ahead of time for questions the various publics may ask. Gathering data on publics and issues is an on-going requirement that should continue throughout the involvement process. The amount of time spent collecting this information will depend on the complexity of an issue and the potential public interest. What to Look For Preliminary information you should gather includes: direct and indirect stakeholders; cottages, farms or homes in the area; contact information for residents and details about their backgrounds; interested parties (e.g., community groups, government officials, media or Aboriginal groups); key people in the community (e.g., formal and informal leaders); See also Backgrounder #14: Public Involvement Spectrum, page 70. community agendas and events; internal publics within your company; general issues and concerns related to your plans and objectives; other company s or industry s activities, facilities or proposals in the are; the history of public concerns in the area; and, the local experiences of other operators and organizations (e.g., with provincial and federal regulatory agencies and environmental groups). Information Sources There are a number of individuals, agencies or documents that can provide you with preliminary information. Information contacts may have insights into the area, issues and publics. They may also be prepared to offer information and advice, depending on their roles and resources. 14 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

23 You might begin by checking with the following: colleagues within your company and in other companies; industry, business or professional associations (e.g., the local Chamber of Commerce for information about local service and supply capabilities, past and proposed developments and contacts); government and regulatory staff; landowners with whom you have leases or access agreements; government publications (e.g., about activities or interests in the area); government and regulatory guidelines, regulations and legislation; government statistical demographic and economic information (e.g., Statistics Canada or regional Canada Employment Centres); municipal or band offices (e.g., planning documents, tax rolls and membership lists for landowner and resident names and addresses, land use and zoning guidelines, and information on other plans and proposals for the area); regional environmental networks; joint community-industry-government committees or task forces (e.g., Synergy Groups); local newspapers; and, local and regional service providers (e.g., post-secondary educational institutions for information about skills and training available, fire and police departments and hospitals for emergency response planning, and visitor bureaus or hotel associations regarding temporary accommodation of workers). Identify Possible Issues and Stakeholders You can save time later by identifying interested and affected parties and their issues early on. This allows for a wider range of options to be identified and explored, and increases the potential that these options may resolve concerns and improve operations. Assess what opportunities exist to work together. Do not assume the issues you identify at the outset will necessarily remain the same throughout the process. The essence of public involvement is change, ideally, towards a more positive relationship between your company and its publics. Document all Commitments and Contacts Documentation is an essential component of each step in the public involvement process. You need to draw on your documentation to assess the interested and affected publics and their issues; monitor commitments and agreements; and evaluate your program. Documentation provides consistency when you pass your responsibilities on to someone else. It may also be a regulatory requirement and necessary for preparing regulatory applications and necessary for audit purposes. Throughout your public involvement process you should document: processes used; public involvement plans and activities; methods and mechanisms used for involvement, public input and issue resolution; advertising and other public information; distribution methods for project applications and other information materials; and, See also Matrix for Documenting Key Publics Level of Concern by Issue, page 78. See also Sample Contact Log Form, Page 82. See also The Sample Documentation Matrices in the Toolbox, starting on page 77. Remember The costs for public involvement can be relatively small compared to the potential costs of not doing anything. Costs for the latter include delays, continued opposition, failed communication, lengthy public hearings, or denial of regulatory approvals. dates that each of these occurred. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 15

24 Allocate Appropriate Time, Resources and Budget As is pointed out in Guideline 7 (see page 6), an effective public involvement program requires adequate lead time along with appropriate resources and budget. During the preliminary planning stage, it is a good idea to build schedules and budget requirements. Allow for some flexibility in your budget. Consider the following: scale and range of activities, not just the capital cost or capacity of a facility; range, scope, magnitude, and duration of anticipated issues and impacts; numbers of company personnel to be consulted and involved; numbers of participants and numbers of those who may require financial assistance for involvement; timeframe; need for obtaining information about the community (e.g., community profiles and studies of traditional uses); need for technical information and experts; need for process experts and third parties; need and methods for information dissemination and two-way communication (e.g., toll-free telephone charges, local liaison staff, home visits, brochures and newsletters); need and methods for recording, tracking and following up public input; need to respond to media attention; meeting expenses (e.g., meeting rooms, advertising, refreshments, audio-visual aids and facilitator personnel); travel and accommodations; need for involvement in community activities and events; and, need for planning, coordination, management and evaluation. See also Matrix for Decision-Making, page 79. Plan for Public Input to be Incorporated into Decision-Making Integrating public involvement input within project planning and decision-making is important at each step, but in particular during preliminary planning. Be clear about: what needs to be decided; who will be making the decisions; when the decisions or plans must be completed; how much flexibility exists for scheduling and the consideration of options; and, why decisions or plans must be made. For public involvement initiatives to be meaningful, they must be linked to decision-making processes. When public involvement is well integrated into decision-making, public interests and input can be incorporated into planning along with economic, environmental and engineering data. 16 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

25 Wrap Up Step 1 As you wrap up your preliminary planning, given the scale and sensitivity of your company s activity and what you know about the area and public interests, you should be able to answer the following questions: What are the parameters of the project (e.g., applying for reduced spacing to drill infill well project)? What publics (e.g., residents, landowners, Aboriginal organizations, community associations and others) should be contacted about the project? Which formal or informal leaders and organizations should be consulted? Which government and regulatory authorities (e.g., local, regional, provincial, national or First Nations, as appropriate) should be contacted and in what order? What types of issues or concerns do you expect these publics to raise about the proposed activity? What information will these various publics need (e.g., maps, project descriptions or reports) and how can this information be prepared in a form that is understandable and useful to them? What groups or departments within the company should be aware of plans to initiate a public involvement program? What budget and other resources might you need? How do you plan to incorporate public input into the decision-making process? Have you obtained corporate commitment? Step 2 Make Initial Community Contacts Once you have developed your preliminary plan, you are ready to go into the community and find out more about the publics and key issues. At this stage, your goals are to: obtain information from initial contacts to prepare a more detailed public involvement plan; identify publics that you were not previously aware of; communicate for the first time with community leaders (formal/informal); identify issues that you had not anticipated; confirm how stakeholders wish to be consulted and invite feedback; and, develop a greater understanding of the meaning, sensitivity and significance of public issues associated with the proposed activity. 2 Document all your contacts and the information exchanged (including issues and concerns raised). See also The Sample Documentation Matrices in the Toolbox, starting on page 77. See also Matrix for Targeting Techniques and Communication Mechanisms to Key Publics, page 80. Make Preliminary Contacts Your public involvement plan should evolve as you gain information. For example, while preparing your preliminary plan, you may make some initial contacts with your publics to gain additional background information. In the area in which your activities will focus, you may want to start by getting initial input from the landowner with whom your company has, or intends to have, a lease agreement. If this person has not yet been introduced to your company, this introduction needs to happen before she hears about your plans from other neighbours. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 17

26 See also Backgrounder #1: Trust and Credibility, page 25. Networking helps you expand the list of publics you identified in Step 1 and helps you to specifically identify the various publics you will want to contact. By asking each individual you are in contact with to help you identify other possible publics, you will start to develop an expanded network of contacts. Some publics are within your company; others are regulators or neighbours you already know; and others will identify themselves by attending community meetings or contacting company representatives directly. Communicate With Formal/Informal Leaders Formal leaders are normally identified based on your previous experience in an area or through the preliminary research done during Step 1. Formal leaders in the community often have formal methods available to protect community interests and ensure community concerns are addressed (e.g., zoning approvals, political persuasion or legal challenges). Remember Community leadership changes over time. Any lists you develop need to be reviewed and revised periodically. Contact local and regional political or regulatory representatives early and advise them of your plans and any potential problems. These authorities are often contacted by irate landowners and other concerned publics. If they are aware of your activities, they often can allay the public s initial fears and arrange a follow-up meeting to resolve any problems. On the other hand, when authorities are not informed in advance, they may feel slighted or embarrassed at not having the information when a constituent calls. Missing early contact with formal leaders can aggravate a problem rather than contribute to its solution. You will want to identify and contact informal leaders early. Informal networks of publics may organize around particular issues and coalesce around informal community leaders. Because informal leaders or networks may not have formal titles or authority, they can easily be missed during preliminary research in Step 1. Formal leaders will usually be familiar with most of the informal community leaders who should be included in your public involvement plan. Also, as your contact list grows, certain names will arise again and again. These often will be the informal leaders of the community. Involving informal community leaders early may affect the kinds of information, questions, concerns, or support you encounter in the community. When publics feel some early confidence that their issues will be addressed in the decision-making process, they are more likely to pursue their interests in a cooperative, problem-solving manner. When informal leaders are not involved at early stages, they may organize to pursue their interests in an adversarial way. The company may lose opportunities to address issues in a constructive atmosphere. Adversarial public hearings, legal challenges, delays, and long-standing animosities can result. When this occurs, trust in the company s motives or confidence in your public involvement processes can be difficult to restore. While the information you gain from making these initial contacts will be useful, remember that no two experiences will be identical. No one source of information will have a completely accurate picture of who s who and what s what. Some practitioners borrow an idea called triangulation from navigation until you have at least three bearings providing consistent information, do not assume you know where you are. 18 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

27 Identify Issues Making initial contact will provide you with an opportunity to verify the issues you identified in Step 1 and identify other issues you had not anticipated. Explore potential issues with all contacts, by providing information about your activities and listening to all offered information, viewpoints and concerns. This early communication with contacts initiates the process of building trust and cooperation. This positive relationship ideally will continue to develop and grow through each step of public involvement and each stage of your activities. As you make your initial contacts, you should: What is an issue? An issue can be any subject of public interest on which an individual or group wants your company (or regulators) to act. See also Matrix for Documenting Key Publics Levels of Concern by Issue, page 78. recognize that each public will place different priorities on the issues it perceives are relevant; ask your publics for ideas on how their issues can be resolved; document what they tell you; remain open to suggestions from your publics and you will begin to understand and appreciate more fully the values that lie behind their issues; and, explore the interests behind the positions. As you invite publics to identify their issues and concerns, they may begin by stating outright opposition to your project or activity. Probe beyond this position and identify the underlying issues, values and interests. Determine How Stakeholders Wish to be Consulted Different communities and publics have different styles of public involvement that are appropriate. During this initial contact step, ask the questions that will help determine what will be most effective. For example, does the community prefer a particular style of open house, mail-out brochures or more structured meetings such as task groups? Communicate to stakeholders your intentions for their involvement. Explain how you will be communicating to them and how their input will be used. Stakeholders will decide whether or not to participate. Some individuals and groups (e.g., Aboriginal and environmental non-government organizations) choose their involvement carefully because of competing demands on their time and resources. If some groups decline to get involved with the public involvement process you outlined and the level you ve chosen, you may need to: adjust or negotiate the level of involvement; or, clarify if they want to be kept informed anyway (and then do so). Contact stakeholders at key points along the way to confirm their interest in being involved in later stages. Wrap Up Step 2 At the conclusion of Step 2, you should be able to: list government agencies, formal groups, informal groups, individuals, and formal and informal community leaders likely to be interested in company plans; describe the major issues likely to emerge during the involvement process; define how stakeholders wish to be consulted; and, estimate the level of public interest in and significance of these issues. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 19

28 See also Backgrounder #6: Emergency Response Planning, page 39. Step 3 Prepare a Detailed Plan After gathering the initial data described in Step 1 and Step 2, you will be in a position to: prepare for the next level of public involvement; and, 3 See also Matrix for Targeting Techniques and Communication Mechanisms to Key Publics, page 80. See also Matrix for Action Planning with Internal Team Members, page 77. if necessary, adjust the public involvement plan to ensure you are fulfilling regulatory requirements. Plan Public Involvement Activities Now that you have clarified who your stakeholders are and the initial issues of concern, you are ready to finalize public involvement plans. At this stage, you will need to identify and organize: the key messages you wish to convey; what level of information your various stakeholders are seeking (e.g., some stakeholders may be looking for the technical data that supports project activities); how you will communicate technical information (e.g., what technical expertise is required); timeframe; and, what internal and external support you will require. At this stage you are also ready to start planning the public involvement activities you identified in Step 1 and Step 2. Popular choices include: personal contact; large and small meetings, open house and town hall; public workshops; advisory committees or task groups; media interviews; brochures and information materials; and, other alternatives. Wrap Up Step 3 In concluding this step, you should be able to clearly identify what steps you will be taking to involve the public. See also Backgrounder #10: Advisory Committees, Task Forces and Synergy Groups, page 57. Backgrounder #11: Effective Meetings, page 60. Backgrounder #12: Open Houses, page 64. Backgrounder #3: Communicating and Listening Effectively, page 29. Step 4 Continue Next Level of Public Involvement and Issue Resolution Your goals at this stage are to: implement public involvement activities; gather additional public input; assess the information received from the public; fulfill regulatory requirements for public involvement; resolve issues; and, follow through on any outstanding issues. Carry Out Public Involvement Activities Implement the activities that you have identified and planned in Step GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

29 Continue to Track Contacts and Commitments Continue to document contact information and the advice you receive. Analyze Information Once you ve collected and verified your information, you need to analyze and interpret its significance to your activities. Analyzing the gathered information for use in decision-making can be a major task in complex public involvement programs. However, the analysis does not need to be costly, and all parties can benefit from the process. Remember to document issues and analysis in an organized way. Creative Problem Solving and Consensus Building In almost every public involvement program, you will reach a point where the current issues are understood well enough that you can start identifying ways to resolve them. This will involve discussions and brainstorming with various publics (internal and external) to determine the options that reflect both public and company interests. A variety of techniques are available for this exercise communication and openness are common to them all. Creative problem solving is part of effective public involvement. Win-win resolutions can be generated that not only address the issues, but also provide mutual benefits. Synergy can develop with better outcomes than the participants asked for or imagined. Relationships are improved. Plans are improved. Decisions become better. Some adjustments to your company s original plans will usually be required to reach mutually agreeable resolutions. This may involve some difficult decision-making for your company. It is important to recognize however that, as with any negotiation process, ultimately there is no guarantee that mutually acceptable conclusions will be reached. Following Through with Public and Stakeholders Following through on requests for information and commitments made, and following up on how things worked out, can make or break your public involvement program, and determine your company s reputation for years to come or affect your regulatory license to operate. Attention to following through may be the most significant factor in building trust and positive relationships, the cornerstones of public involvement. Following through can: demonstrate respect for the participants and the process; show you care about what has been said; Resolving issues can be less difficult at earlier stages, if you: listen carefully; identify the interests behind the stated positions (by both internal and external publics) and analyze the issues appropriately; develop relationships with your publics based on trust; remain open, explore alternatives and build on each other s ideas; and, remain committed to the process and the relationships you establish. See also Backgrounder #6: Emergency Response Planning, page 39. See also Sample Contact Log Form, page 82. See also Backgrounder #1: Trust and Credibility, page 25 and Backgrounder #5: Conflict and Consensus, page 35. indicate that public input is meaningful; demonstrate your responsiveness and accountability; and, help build relationships. Following through is also important at the end of your involvement in the process; eventually and inevitably, the relationships you have established must be transferred to successors, or the project gets completed, deferred or cancelled. It is easy to neglect this step. Maybe you have new responsibilities on the horizon or you do not know who your successor will be. Whatever the reason, it is important to bring closure to your involvement and set the stage for future relations. One day, your company s project may be resurrected or expanded. If you have taken the time to end on a positive note, your company will have a positive foundation from which to begin. Without the courtesy of follow through, your company s personnel may not be greeted warmly and trust will need to be rebuilt. Remember Inform your team about follow-up requirements. They are often on the front lines and will need to carry out the follow up. Make sure to follow up on any complaints or concerns. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 21

30 Wrap Up Step 4 In concluding this step, you should have completed gathering additional public input on the project or activity; incorporated that feedback into your planning and decision-making process; and begun the process of following through. Step 5 Monitor and Evaluate Your goals at this stage are to: evaluate to ensure you have followed a process that is appropriate for the company and the publics; look for opportunities to improve the process; and, create lasting relationships with your publics. 5 Monitor Program Activities On-going monitoring should be done both informally and formally throughout your public involvement program. This is made easier if you: identify and categorize the issues carefully as outlined in previous steps; develop a detailed plan; link monitoring with milestones or key dates in your public involvement plan; invite feedback from participants (both internal and external publics) at every opportunity; and, attend to documentation, analysis and tracking of issues, agreements and information throughout. Monitoring Approaches Obtaining feedback can take many forms, both formal and informal. The objective is to gain an understanding of how the publics are responding to your efforts to inform and involve them. Possible approaches include: maintaining a clippings file of media coverage; observing body language; asking How are we doing so far? of participants at a meeting or in a conversation on the telephone; encouraging those attending an open house or public meeting to complete a comment form; and, engaging a third-party expert to conduct interviews and surveys. Evaluate Program On-going monitoring helps you check on how well the public involvement program is doing and gives you the time to modify the approach if necessary. A final evaluation at the end gives you a sense of how the program went overall, whether you achieved your objectives and what you have learned for next time. Evaluation of your program should address four key areas: 1) quality and degree of public input; 2) reaction to plans and approaches; 3) internal processes; and, 4) quality of relationships. 22 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

31 Wrap Up Step 5 In concluding this step, you should have gathered informal and formal feedback from the public that will help you determine how successful your program was and what changes you may want to make for the next time. You will have: conducted formal and informal surveys; answered questions in the five key areas; enhanced your company s ability to operate in a particular area; helped your company develop a sound management approach to public involvement throughout its areas of operation; and, improved your on-going public involvement programs. Ask yourself these questions during your evaluation Was the level of public involvement appropriate for the parameters of the project? Do your public involvement programs and initiatives adhere to the principles defined in your corporate policy? Are all program objectives being achieved? If not, why? Is any corrective action needed? Are the participants satisfied with the process and the results? Do they have concerns that need corrective action? Are project-related issues being identified or do you continue to receive unpleasant surprises that affect company plans and activities? Has sufficient information been collected regarding the issues raised? Is the conduct of your company fostering discussion of issues by all participants? Are the recommendations provided through the community involvement process being carried out? Are you following up promptly with answers to the questions your publics raise? Is the process enhancing the integrity of the company in the eyes of the community? For example: Do you approach the community on occasions other than when you want something? Are you honest, even when the information may be unpleasant? Are you flexible? Does the community support you as an honest broker? Is the program effective in resolving or reducing environmental, social or economic conflicts? Is your involvement enhancing the company s, the government s and the community s ability to plan effectively? Is your program contributing to more effective decisions and improved plans? Is the company able to conduct its business with more sensitivity to political, social, economic, environmental, and other community issues? Is the workplan on schedule and is the schedule still realistic? Is the workload on company staff what you anticipated, or are adjustments needed? What do the participants think about the cost of the program in terms of time and resources, given their perception of the benefits? If hearings and formal environmental and socio-economic impact assessments are required, is your public involvement process enhancing and focusing these activities? Is your documentation appropriate to planning, decision-making, follow-up and regulatory needs? CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 23

32 24 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

33 CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS SECTION 5 BACKGROUNDERS

34 Section 5 Backgrounders Backgrounder #1: Trust and Credibility Backgrounder #2: Common Problems Backgrounder #3: Communicating and Listening Effectively Backgrounder #4: Community Profiling Backgrounder #5: Conflict and Consensus Backgrounder #6: Emergency Response Planning Backgrounder #7: Environmental Assessment and Public Involvement Backgrounder #8: Choosing the Right People Backgrounder #9: Aboriginal Communities and Public Involvement Backgrounder #10: Advisory Committees, Synergy Groups and Task Forces Backgrounder #11: Effective Meetings Backgrounder #12: Open Houses Backgrounder #13: On-Going Public Involvement Backgrounder #14: Public Involvement Spectrum Backgrounder #15: Community Involvement Backgrounder #16: Dealing with the Media GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

35 SECTION 5 BACKGROUNDERS Apart from understanding the fundamentals of an effective public involvement program, it is important to be aware of the dynamics that can add to the success or failure of your program. The backgrounders provided in this section will help you better understand other components that play a role in an effective public involvement program such as good communication skills, understanding different regulatory requirements and common problems you may experience. Backgrounder #1: Trust and Credibility 1 Building Positive Relationships To build trust and credibility before and during your public involvement program, it s important to emphasize cooperation and positive attitudes, minimize differences, and reduce stereotyping and negative perceptions. Companies and public involvement consultants who have established positive working relationships with communities have found the following tips helpful. Recognize that honesty and trust are essential. If there are issues that cannot be discussed or negotiated, say so. On the other hand, consider carefully whether it really is essential to keep a document or source completely confidential. Most interest groups and individuals understand and are willing to preserve competitive or proprietary information. Admit mistakes. Be prepared to admit that you were wrong, that you do not know, or that you have changed your mind or plans. Be prepared to explain why. Ask for help or advice. Concede gracefully. Establish personal relationships. Show people you are human. Talk about who you are and what interests you have and be genuinely interested in the other person. Encourage others to share something about their lives with you. Learn from each other and build on each other s ideas. Reward positive attitudes. This means giving compliments when appropriate, encouraging cooperative initiatives, returning favours, and expressing thanks. Establish a regular process of audit and evaluation. This can help you track how a community feels about your relationship (see Step 5). Avoid becoming defensive. One of your major roles in public involvement is to hear concerns and ideas. Follow up on questions and suggestions, incorporate public input into decisionmaking, and provide feedback to the public about how their suggestions have modified or improved your plans (see Step 4). Building Personal Trust Show concern for the people you work with. This applies to those within the company and within communities. Find out about these people, their backgrounds and interests through meaningful conversation. Do not neglect those whose perspective differs from yours, or those who support your perspective. Keep a balance. Keep your word. Don t make promises you can t keep. Explain the goals and process of a project rather than quoting firm dates. Follow up if you find that you can t follow through on a promise, explain why. Don t just hope people will forget; they won t. Know your facts and have the data to back up your position. If there is a chance you will be surprised by changes in your company s plans or positions, you may wish to frame the information you provide accordingly (e.g., Although this may change, as of today the plans are to... ). CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 25

36 Building Corporate Trust Examine your company s attitudes and expectations. Often the expectation is that, once visited, a group or community will become informed. Recognize the importance of your company s position and immediately become a supporter. Companies that have developed productive relationships with a variety of public groups have a more realistic objective of building informed opposition. They recognize that positions are unlikely to change unless all parties can understand the other s perspective and identify the negotiating room for change. Recognize priorities. Your company s activities and projects may be of marginal priority or concern to the community or interest group concerned. Learn to interpret their needs and concerns and to frame the discussion regarding your activity so that it is understandable and accurate. Establish long-term relationships. Recognize that contact initiated during a crisis is unlikely to be as productive as a relationship that has been established previously. Continual contact tends to reduce stereotypical behaviour on all sides and to improve the chances for positive interaction and problem solving. Recognize that trust rarely is gained through one meeting. Follow up your initial discussions with repeat contacts and open and honest communication (see Step 4). Ensure that contact and followup continue as your company s activities move through all different phases. Ensure successors are personally introduced to the various communities and publics with whom relationships have been built. Building an Open and Credible Process Encourage open discussion. Discuss what procedures or methods are most acceptable to the individual or group you are working with. Urge all interested parties to take an active role in the discussion. This is how successful public involvement can best be achieved. Concede gracefully. Concessions to a community or to specific individuals demonstrate respect and flexibility, and help build your long-term credibility. Aim towards a consensus where both sides win, rather than a competitive win-lose result. Do not ignore your allies. Do not neglect those who are supportive while you are busy trying to resolve issues with those less favourably disposed towards your company s activity. Do not ignore your opponents. Don t dismiss or avoid contact with groups that are opposing you, that you predict will oppose you, or that have a reputation for being demanding or difficult. Acknowledge the legitimacy of the person or the issue. You may be surprised to find out they agree with you on many of the issues surrounding your development. Try to explain there is a range of other perspectives you are trying to bring to bear on decision-making as well. Respect others and expect respect. Use care in addressing situations where a person or group is not treating others with respect. It is usually possible to take the person who is making negative comments aside and discuss his behaviour without putting him in a psychological corner. Sometimes you can ask the larger group present about how they want to deal with the problem (e.g., Should we take a short break? or What do the rest of you think about this? ). Other representatives of the person s group may also be asked if they could help address the situation. 26 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

37 Share Decision-Making Process with Publics Improve relationships with your external publics by providing them with an understanding of how your company works. External publics need to understand why companies behave as they do. Show people that your company acts in a logical manner. Explain your company s decision-making steps and the steps taken for regulatory review. Demonstrate to public groups a rational and accountable decision-making process one that includes environmental and social considerations along with the technical and economic ones. Help individuals within government who are responsible for setting standards and evaluating impacts to better understand your project. For example, if a project has environmental implications, it is helpful for company representatives to explain to the public, regulators and other government officials the criteria they have used in their problem-solving approach, as well as technical and other relevant information. Sometimes people simply want to be satisfied that you have considered their concerns during your project planning phase. Even for small-scale issues, explaining what the development is about and how decisions are made within your company can pay handsome dividends. Backgrounder #2: Common Problems 2 Conflicting Company Messages Publics need to hear consistent messages from all company spokespersons, especially from field staff that are often the key players in making the plan succeed. If co-workers in a company are not consulted during the initial planning process, they likely will not understand the reasons for the public involvement, the related activities required, and the important role they play. They may also not support ideas they are not involved with or that they think will increase their workload. It is essential to keep your internal publics informed about: the proposed project or activity; the objectives of the public involvement plan; the reasons behind specific approaches and techniques being used in the public involvement process; the issues that are arising and the types of input being received; and, the need for follow up that may involve or affect company personnel. Another source of conflicting messages can come from companies that implement public involvement processes, but neglect opportunities to receive and consider public input. Make sure you send a consistent message that you are inviting input and ensure this message is communicated whenever possible, for example, in meeting agendas, information materials, discussions, minutes, and even through your body language. Different Companies Working at Cross-Purposes Occasionally, there are situations in which other oil and gas companies are working in the same area and performing activities or services that might be working at cross-purposes to your public involvement process. It is important to keep other companies, contractors and consultants well informed of your activities and objectives and possibly include them in your public involvement plan. Hold strategy and briefing CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 27

38 sessions to make sure others are aware of, and support your activities, and to ensure that no one feels displaced by the process. Also, if the work of contractors, consultants or personnel from other companies is likely to affect involvement, provide opportunities for these individuals to meet the public. False Expectations from Stakeholders Some stakeholders may have false expectations. Public involvement in project planning will not resolve all conflicts or satisfy all participants. Setting and communicating realistic objectives for the public involvement process and the level envisioned, will help the public understand the limitations of the process and what is achievable. This will minimize unrealistic expectations and reduce conflict. Be clear with all stakeholders (internal and external) about: the intended level of public involvement; the scope of topics that are and are not open for discussion and meaningful input; your flexibility or inflexibility around decisions already made or yet to be made; and, your reasons for all the above. Overwhelming the Public With Technical Information Take the time to adequately inform your publics about the technical, scientific and economic aspects of your project or activity. This may involve providing maps, technical information translated into language understood by the layperson, site visits, or special seminars. Effective public involvement requires an informed public. Losing Contact With the Wider Public You may think your company has a good public involvement program because there is a well run community advisory committee or joint community-industry action group. However, the general public may feel left out or the media may think they are insufficiently informed. It is important to recognize that working groups can become isolated from the general public. Other sectors of the public may begin to view these working groups as biased in the company s favour and no longer responsive to their concerns. In public involvement, it is important to keep the broader community informed and to develop means to obtain their input through other mechanisms (e.g., public meetings, news releases, publications). This will help to keep your plans and programs visible and viable. Stakeholders Who Seem Determined to Cause Trouble Many individuals, communities and public interest groups have become wary of the oil and gas industry. They feel shut out of discussions between industry and government and frequently complain that corporations only come to them for input after decisions have been made. They feel betrayed when promises, no matter how small, are not kept. They feel confused and angry when people within the same company say different things. Strive to include those that oppose your projects or operations. The objective is to arrive at a point where you either agree or agree to disagree while respecting each other s position. 28 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

39 Public Rejection of Your Public Involvement Program When designing a public involvement program, verify ideas, issues, goals and objectives with key publics and consult with them about the information and the approaches to be used. It s important to stay open and flexible. This will increase the likelihood of public acceptance during implementation. If your company s past history or your personal history with these publics has eroded trust and credibility, you may need help from an outside party. Recognize that re-establishing a positive relationship may take considerable time before you even start your planned public involvement program. Not Meeting Regulatory Requirements It is essential to gain an understanding of all regulatory requirements that apply to your projects. Avoid minimizing or using uncertainty of requirements as a reason for non-compliance. A regulator has the authority to approve or deny proposed energy developments and to audit projects once in the production phase. Regulatory requirements are to be viewed as the minimum that must be done, but each project should be examined for unique elements that suggest efforts that go beyond the minimum. Public involvement should also continue throughout the life of the project, and not simply occur during the pre-application stage. Consequences for non-compliance range from minor to serious on an escalating scale. The most common conflicts arise from lack of clarity in the information packages, and lack of respect for a landowner's time and other pressures. But regulators are available to assist all stakeholders to understand the regulatory requirements and expectations and how they apply to each application in order to minimize the incidence of non-compliance. Issue mitigation and conflict resolution may also be offered by some regulators if differences between companies and landowners cannot be resolved in initial meetings. The key is to understand the regulatory requirements and expectations, and to seek clarification or assistance of the regulator where unique circumstances arise. Backgrounder #3: Communicating and Listening Effectively 3 Listening Effectively Effective listening is critical to effective public involvement whether in group meetings, one-on-one or over the telephone. When listening, it is important to seek first to understand, then to be understood. Effective listening is trying to understand the other s perspective, not waiting to speak. Concentration is key. Keep in mind the following: listen to more than the words context, tone of voice and body language (e.g., stance, gestures, expressions) tells you more; mentally summarize and analyze what is said and periodically check your analysis by asking questions; On average, people think about four times faster than the average rate of speech, so our mind tends to dart ahead, run off track and jump to conclusions. To listen effectively, be sure to slow your mind down, be attentive and focus when others are speaking. attend to your own non-verbal messages; ask questions for clarification and Paraphrase to check your understanding; and, avoid filtering out and resisting ideas that are not attuned to your personal interest; complex and outside your field of expertise or experience; not what you wanted to hear; or are displeasing. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 29

40 Probing and Being a Good Listener Being a good listener and probing for underlying issues or concerns is a critical skill. Questions you can use to clarify or obtain additional information include: Type of Question Example Statement of Example of How You can Concern From the Public Probe to Ensure You Respond Effectively Elaborating A request for more information We are interested in participating, Do you want to know more about the related to a previous statement. but don t know what it entails. timing or the activities, or some other aspect? Active Listening A question to show that what was I m very upset about the condition You are angry that we damaged said was heard, often related to the of the road and what your company your road? emotional part of the message. did to it. Clarifying A request for more information We do not want sour gas wells Is it the idea of sour gas that bothers to clarify vague or ambiguous or a plant in our area. It ruins you, or the number of wells or the information. our lifestyle. plant that is the concern? Summarizing A question that summarizes previously You negotiated the surface lease, The company made an agreement stated information and requests that wrote an agreement for a yearly and then didn t pay you? the person explain his point of view. payment, and then your company lied and did not make the payment. Confronting A question that points out a I want your company to pay for You want the company to pay $2,500 discrepancy in facts presented by the cost of replacing my fences in damages? You said that your brother the person. (This should be used with and for all the trouble you have fixed the fence and the wire cost $1,000. care and as a last resort as it can caused me. That amounts I m not clear on how you arrived at escalate problems). to $2,500. $2,500. Will you explain your reasoning to me? Paraphrasing A restatement of a previous How much will impact mitigation Let me make sure I understand your question to clarify the message cost to restore the land to its question. Is your question how much or confirm the message was received previous state? will it cost to clean up, landscape and accurately. re-sod your land to return it to its previous state? 30 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

41 Speaking Effectively Speaking effectively requires attention to how others listen. Make sure that your words do not get lost in your listener s thoughts. The following can help: do not lead up to your main idea slowly. Get to the point; translate your points into how they affect or benefit the listener. Explain what s in it for them; repeat your main points (key messages) throughout, preferably by citing relevant examples to keep the listener from getting bored. Avoid being superfluous or boring with details; use precise and understandable language. Avoid jargon. Avoid ambiguity and euphemisms that take the edge off. Use specifics to focus attention, and to cite examples. Avoid losing the message in pronouns. Ask what they think of XYZ rather than this ; get feedback by intermittently questioning your listener. Posing problems to be solved obliges the listener to think about what you say; and, do not overestimate either what the listener knows about your field of knowledge or what you know about the listener s areas of expertise. Non-Verbal Communication Non-verbal communication is a type of feedback that listeners are more perceptive to than you might think. Your posture, how you listen, how you move and how you handle objects within your reach all convey a message. Intentional or not, non-verbal communication can interfere with your verbal communication. You may inadvertently communicate an inferior, superior or impatient attitude towards the other person. Although personal gestures are often hard to control, be aware of your non-verbal communication when meeting with another person or a group of people. Likewise, eye contact, facial gestures and posture can communicate information about how someone is feeling towards you. When communicating with others, try to: make eye contact frequently with your audience; use body language that conveys openness, trust and goodwill (e.g., avoid crossing your arms it looks defensive); avoid tapping your fingers or feet when frustrated or bored; begin and end meetings with a firm handshake; and, be sensitive to community and cultural differences. Getting and Giving Feedback Effective feedback is an invitation to interact. It does not assume the provider is right and the receiver is wrong. It considers both parties needs. When receiving feedback try to: ask for feedback and specify what you want feedback on; clarify what you have heard before interpreting or reacting to the feedback; deal with it; avoid defensiveness (e.g., denying, explaining or justifying); and, share your reaction; explain how the feedback was helpful. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 31

42 When giving feedback, remember: Effective feedback is: Descriptive Problem-oriented Equality-oriented Specific Timely Insightful, new information About changeable things Appropriate Checked for clarity Explorative, shared Requested, desired Direct, owned, uses I Rather than: Evaluative Person-oriented Superiority-oriented General, vague, global Delayed, too late to help Obvious About unchangeable things Out of proportion, overloading Discarded Closed, one-way Imposed, distorted by sender s needs Indirect, attributed to we, they, the book Communicating Risks Companies are often frustrated in their efforts to explain risks clearly and accurately so their publics can understand. When discussing risks, it is important to provide opportunities for open dialogue and shared decision-making. Refer to the guidelines above for listening and speaking effectively. Open dialogue will help you understand the publics assessment of risk and incorporate their input. Factors in Perception of Risk In the petroleum industry, considerable effort is made to assess and reduce risk. However, risk factors examined by industry are usually technical, mathematical and scientific. When the public is concerned about risk, hammering away at the scientific information may not help. In fact, it may increase confusion and public apprehension. Why? We perceive and assess risk in different ways. The publics assessment of risk is influenced by many social, psychological and cultural factors that are not a part of technical risk assessments. These are legitimate components of risk and must be recognized as such. The following outlines some of the factors influencing the publics perception and assessment of risk. Voluntary risks are judged as less serious than imposed ones. The public sees risks as more serious if they have no choice. A person may choose to eat foods high in cholesterol or work at a highstress job, but would not choose to have a sour gas pipeline across the road. Risks under an individual s control are accepted more readily than those under government or corporate control. Most of us feel safer when we are driving than as a passenger, even if the other person has a better driving record. People are more comfortable with risks they can do something about themselves than depending on others to take care of them. 32 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

43 Risks that seem fair are more acceptable than those that don t. An imposed risk will seem unfair. A community that feels stuck with the risk, without balancing benefits (e.g., jobs, business opportunities or improved roads), will see that as unfair. Risk information from trustworthy sources is more believable than information from others. If a friend delivers the news, you are more likely to believe it than if it comes from someone you do not trust. Risks that seem more ethically objectionable will seem more risky. Natural risks are more acceptable than man-made ones. Familiar risks are judged as less risky than exotic ones. Toxic household cleansers seem less risky than condensate. An overload of technical information can make your project seem more complicated and strange. Risks associated with memorable events are considered more risky. If a big blowout has received lots of media coverage, more questions will be asked about your drilling program. The greater the number and seriousness of each of these factors, the riskier your company s activities will be judged, regardless of the scientific data or your track record. You ll need to take actions to reduce these perceptions of risk (e.g., make your operations more familiar, increase benefits and work towards building trust). 1 Communicating Risks Associated with the Project To be successful in developing a meaningful dialogue with the public around risk issues, it is important to do the following: involve your stakeholders in risk assessment and decision-making. This may mean seeking their input during the initial stages of developing criteria for evaluating risk, and inviting their input into both the problem solving approach and the weighting of different values for risk assessment; keep as many options as possible open so people share some influence over what will happen and can make choices they believe are appropriate; introduce scientific and technical experts to your stakeholders so that project risk or impact is explained clearly, concisely and objectively. It is important to introduce these experts as objective and that they are working for the company and the community; explain what you are doing to manage risks. People are generally much more interested in hearing what you are doing to reduce risks than hearing your scientific estimates of level of risk; involve your publics in discussions about monitoring and control procedures; clearly articulate and inform publics about emergency response planning and management strategies. The public involvement process allows for the emergency response plan to be refined continually; use lay terms and graphics to explain complex theories and systems. Avoid using jargon. Make sure your explanation is understood; and, avoid comparing apples and oranges. For example, can you realistically compare the risk of driving a car to that of living near a sour gas plant? Although scientific evidence can demonstrate the risk of driving is much higher than the risk of living near a gas plant, the community views these two risks as completely different. It s insensitive to deny apprehensive feelings by using scientific evidence alone. 1 Adapted from: New Jersey Department of Environmental Protection. Improving Dialogue with Communities: A Short Guide For Government Risk Communication, CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 33

44 Backgrounder #4: Community Profiling A community profile is the term used for pulling together a preliminary overview of communities you may be involved with for the first time or that you feel you don t yet understand well enough for some reason. Its purpose is to orient you early in the process to the social and cultural realities that you need to understand and take into account when developing your public involvement program. A community profile can range from a basic snapshot of the community s main characteristics all the way up to an in-depth and detailed analysis. Understanding the opinions and attitudes of the communities you operate in is critical to the success of your public involvement program. That said, how do you begin to learn about the issues that matter to the various people and interest groups in the area, and the municipal infrastructure, environmental or land use challenges they may be facing? How do you plan without enough knowledge of the past and present circumstances? Misunderstanding the issues could lead to your company making some serious mistakes and damaging its reputation even before it has the opportunity to begin engaging stakeholders in two-way communication. The understanding of community opinions and attitudes can be gained in a variety of ways. The most comprehensive understanding of stakeholders thinking comes over time, as the natural consequence of long-term relationship building. But as a start, one way is to contact people in the community directly. People contacted during community profiling usually aid the public involvement process by creating interest in it. The information gained will provide you with a strong foundation for your public involvement program as well as insight into the nature of the discussion to come. Community characteristics to think about: Community boundaries Community capacity and activism Community interaction and information flow Demographic information Economic conditions and employment Education Environmental awareness and values Governance Infrastructure and public services Local identity Local leisure and recreation Natural resources and landscapes Property ownership, management and planning Public safety and health Religious / spiritual practice 4 34 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

45 Other, secondary research methods that do not require face-to-face contact could also be used. There are many research and information gathering techniques that can be used in community profiling, but keep in mind that any such evaluation has three primary objectives: To describe Obtain information that describes the place and the people the community, its location, its population, its main industries, its demographics (numbers of people in different age groups, organizational memberships, income and education levels, occupations, etc.), its cultural influences, important annual dates and events, economic health, infrastructure challenges and successes, etc. This also includes obtaining information to help you describe the current state of attitudes or behaviours related to the public issues of the day or activities and objectives of any local special interests. For a very comprehensive Guide to community profiling, read the National Centre for Environmental Publication and Information s, Community Culture and the Environment. (see bibliography) To explain Use the research to explain the current state of the stakeholder and community opinions and attitudes concerning the issues most relevant to your company or project. What aspects are they most likely to support or oppose and why? To project or predict This is essentially the point of the community profile research the what if objective. Based on what you have learned, you will be in a better position to project stakeholders attitudes and actions regarding the interests you have in common. Backgrounder #5: Conflict and Consensus Conflict may become an impediment to your project development. However, when taken seriously, handled responsibly, and resolved in a healthy manner, conflict can be an opportunity for relationship building and creative development of fair and enduring solutions. The reality is that you can expect some degree of conflict or concern during your project. How you choose to resolve these conflicts or concerns should not be brought to bear as an afterthought, when problems erupt. Hurried, quick fix, one-size-fits-all approaches to conflict should be avoided. Instead, you need to ensure that from the start, your public involvement program includes methods to analyze, prevent, manage, and resolve conflict. 5 For an example of a dispute resolution mechanism, see the Alberta Energy Utilities Board (EUB) Appropriate Dispute Resolution initiative at The time and resources required for conflict analysis, prevention, management. and resolution initiatives varies depending on the situation. Benefits range from reduced risk of conflict and associated costs to improved corporate relations and long-term community building. 1 This conflict and consensus backgrounder: describes how to set the stage for successful conflict resolution; provides details on how to achieve consensus and solve problems; explains how to handle environmental complaints from the public; and, describes how to address strong emotional reactions. Setting the Stage Start early. Well in advance of contacting your publics, give thought to how you handle conflict. When you begin to talk to and meet with your publics (see Steps 1-2), share your ideas for conflict resolution. Use their feedback, and in collaboration with them, agree on the dispute resolution mechanism in advance. Attempting to create such a mechanism once a dispute has erupted is too late. At that point, participants will be more likely to also take issue with the ideas for resolving the conflict. 1 The above information was adapted from information provided by the Peace and Conflict Studies Division of Royal Roads University CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 35

46 Adopt the following approach to avoid or deal with disputes: Analysis From the information you gather throughout your public involvement process (see Steps 1-4), analyze your stakeholder s values, concerns, needs, and goals. Be aware that differing worldviews can influence parties assumptions, behaviour and priorities. Reflect critically on your own and your company s attitudes, values and approach. Outreach Outreach involves asking after others and listening carefully to their views, values, concerns, and goals. The principle aim of outreach is to learn about and understand stakeholders. When well done, outreach builds trust, credibility, and social capital. It signals a willingness to work together, can clear up misunderstandings and lay the foundation for on-going relations. Dialogue Once relations have been established, a forum for facilitating meaningful dialogue must be created (see Step 4). Stakeholders need a safe place to discuss their views, values, concerns, and goals. Ideally, participants should co-design the process (see Steps 1-2). Mutual learning Mutual learning can be used to increase parties understanding of each other, their situation and ways in which they can improve it. Reciprocal learning The aim of reciprocal learning is to provide a forum to teach and learn from one another. Such activities give all parties an opportunity to tell their story. Understanding others narratives, their past pains and future goals, can greatly clarify issues and options. Joint learning The aim of joint learning initiatives, which can range from communication and conflict management workshops to presentations by outside experts to joint research projects, is to gather new information, improve parties capacities and strengthen relations. Collaborative Decision-Making and Problem Solving When people come together in a group to resolve issues, participants often have pre-established positions or pre-conceived solutions that conflict with those held by other participants. For example, representatives from different interests might express the following positions: company s representative This is the best location for drilling. non-governmental organization representative No industrial activity is acceptable at this site. municipal representative If we must, we will re-zone that whole portion of the municipality to industrial use to allow development. Each participant has reasons (underlying interests and values) for their positions and solutions. However, often these interests and values can be addressed by different solutions. To develop solutions that address a range of interests and values, those coming together to resolve issues need to: explore the interests and values underlying participants positions; clarify convergence or divergence among the perspectives of various stakeholders; identify, clarify and evaluate options for whatever it is they re trying to develop or implement (e.g., policies, plans or activities); and, build consensus and resolve conflict. 36 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

47 Building Consensus Step-by-Step in a Shared Process A shared process can facilitate clarification of issues and options, and the development of shared solutions that reflect diverse values and interests. Consensus often needs to be built progressively, step-by-step, to: develop, explore, clarify and summarize the interests and needs of all participants, resulting in a clearer understanding of each other and clarification of misunderstandings; jointly develop criteria for evaluation and selection of solutions that reflect diverse interests and values; determine how to handle no-win or win-lose situations; identify needs for broader input, better information or additional information; stimulate creation (e.g., through brainstorming) of a broad range of options for merging interests, incorporating diverse perspectives, negotiating, fine-tuning and developing win-win solutions; clarify trade-offs and identify synergy by highlighting similarities, strengths and weaknesses among criteria and options; evaluate options from this shared basis of jointly developed criteria, enabling rank ordering of options and deletion or merging of no-go or low scoring options; and, select a preferred option. Developing consensus at each step helps to encourage the building of trust and an atmosphere of constructive problem solving, which in turn eases consensus building for later steps. Consensus is usually easiest to achieve in the more inclusive early steps (e.g., listing criteria and brainstorming options). Early consensus builds a foundation for the later more evaluative steps (e.g., the relative ranking of criteria, the evaluation of options, and selection of a preferred option) by helping stimulate creative thinking, correct misconceptions, initiate relationship building and shared decision-making, identify information gaps and highlight trade-offs. On-going Community and Capacity Building Most agreements and relationships can be improved. Having the freedom and flexibility to refine agreements as new information comes to light or parties situations change encourages on-going dialogue and mutual learning. Addressing Environmental Complaints from Local Residents How do you respond to environmental complaints by local residents? The objective of your relationship with local residents is to have them call you instead of regulatory authorities if they have complaints. Typical complaints from residents near oil and gas facilities focus on odour, noise, dust, unsafe driving, waterwell problems, flares, fluid spills or sprays. Companies who respond effectively to complaints have found the following rules help: Record, report and respond to complaints promptly. Listen to and officially log all complaints incorporating: time, date and nature of complaint; name, location and phone number of complainant; and, advice given, commitments made, action required and date for completion; Ensure the complainant receives a courteous and complete explanation Be patient, sympathetic and honest CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 37

48 Follow up with the complainant when your actions are completed keep the complainant informed of any progress to solve the problem and advise interested parties when a resolution is reached; avoid speculation. Provide information in which you have confidence. Offer to search out what you do not know; Keep a record of complaints for future review when necessary, refer the complaint to district or head office personnel. If they are to respond, follow up with appropriate people to ensure the complainant is satisfied. Responding to Strong Emotions How do you respond when someone cries or hits the table? There may be many reasons why someone reacts emotionally. It is not a sign of weakness for someone to cry or to swear. Understanding that people often feel angry, hurt, betrayed, frustrated and mistrustful is a first step to managing an emotional situation. Responding is the next step. The following approaches can help you respond to emotional outbursts and strong feelings. Explore the feelings. It is usually easy to spot when somebody is emotional. It is not always easy to see when somebody has strong feelings about the subject under discussion. Find out about the emotion. High emotions signal that the public involvement process has run into troubled waters. Take the time to sort out the underlying reasons and the type of emotion. If the feelings are based on frustration in communicating a point, you can invite the individual to show you (e.g., take you on a tour of the location in question), or draw a picture. Emotional or angry debates are often best conducted in private or after the meeting. Acknowledge the emotion or the strong feeling. Emotions can be very destructive if people are feeling manipulated or feeling that the system is against them. On the other hand, emotions can be productive if they help redefine the problem or bring hidden fears to the surface. Most importantly, acknowledge that feelings are valid. That doesn t mean you necessarily agree with the substance of a concern. It means you respect the feelings that go along with it and care about the person they re coming from. Take a break or give it a rest. Acknowledging and being sensitive to the other s feelings (and your own) may mean offering to give you both a chance to collect yourselves. Maybe just taking the discussion to another room will have a calming effect. Perhaps a short or long break is needed, but remember to try to set up a time and place to address the issue later. Get help or leave gracefully. If a clash of personalities or past personal history is the root of the problem, acknowledge this and offer to bring in someone else to represent your company with that person or group. If emotions are so strong that you feel in actual danger, or you feel your own anger is getting out of hand, leave. You are trying to establish a relationship of mutual respect and that means treating yourself with respect too. If you can, leave gracefully, suggesting that you continue the discussion another time and with some help from another party. Follow up but bring in a third party for your next encounter. 38 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

49 Avoiding Defensive Reactions Defensive types of responses only serve to widen the gap between differing points of view, making it extremely difficult to discuss concerns in an objective manner and to achieve resolutions to problems. The following are some responses to avoid. Don t discredit the messenger: The environmental advocacy group spokesperson has only a limited understanding of this kind of toxic chemical. Our scientists assure us that the spill is not a hazardous waste. Don t discredit the person: She doesn t really care about the environment, she wants to run for office and is using this issue as a platform for her political beliefs. Don t discredit the data: According to our tobacco company, reports linking smoking and lung cancer have been hastily prepared and do not provide conclusive evidence. Don t discount the feelings: You shouldn t worry about that. Don t assume trust does not need to be earned: You needn t be concerned. We know what we are doing. Don t assume that publics are against you: There s no point in talking to them about this. It will just give them ammunition, or You won t like this, but... Don t assume a question you fear is being asked, especially when it isn t: You haven t raised this, but if you re worried about... Don t assume you should have all the answers on the spot. Consider expressing appreciation that the question or challenge has been raised as a topic for further investigation, it might improve your plans. Backgrounder #6: Emergency Response Planning A key component of emergency preparedness and response is the development of an Emergency Response Plan (ERP), which contains critical information necessary to effectively respond to an emergency. The extent of the information contained within the plan is determined by the potential hazard(s) of the project. The purpose of an ERP is to ensure a quick, effective response to emergencies in order to protect the public and employees from harm. An ERP addresses all forms of emergency scenarios, potential hazards to the public or the environment and systems required for adequate response. 6 While the Canadian Standards Association (CSA s) Z-731, Emergency Preparedness and Response document is the standard for all industries across Canada, be sure that you are familiar with your provincial requirements (eg: EUB s Guide 71). A comprehensive ERP: must be well organized to ensure quick access to critical information; coordinates activities among industry responders, emergency services, local authorities, governments and others who have a role in providing an effective response; ensures communication with all parties involved in or potentially affected by the emergency; assists personnel in determining and performing remedial actions; clearly establishes roles and responsibilities of all responders; identifies response organizations and command/control structures; identifies predetermined resources, required personnel, equipment and services; and, increases public confidence in the ability of industry to handle emergencies. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 39

50 Requirements for emergency response preparedness are set out as part of the application process for new developments. In Alberta, these include: EUB Guide 71: Emergency Preparedness and Response Requirements for the Upstream Petroleum Industry (June 2003) ID : Public Safety and Sour Gas Policy Implementation Recommendations 54, 60, and 61: Site-Specific Emergency Response Plans for Sour Operations, Emergency Planning Zones, and Reduced Planning Zones Draft Incident Response and Reporting Protocol for Upstream Petroleum Incidents IL 98-01: A Memorandum of Understanding between Alberta Environmental Protection and the Alberta Energy and Utilities Board Regarding Coordination of Release Notification Requirements and Subsequent Regulatory Response CSA Z-731 states that all contacts (internal and external) shall be aware that they are on the list and know what s expected of them. Involving Residents in Emergency Response Planning Contact with residents to obtain and share information should take place at the initial stages of planning and throughout the development and testing of emergency response plans. In rural areas, contact every resident in the emergency planning zone and document: resident names and contact phone numbers; residence locations; special medical conditions or special needs of occupants; alternative contacts; place of employment and schools attended; details on livestock; and, other information needed to ensure effective response during emergencies. In urban centres, contact municipal departments responsible for civic emergency response plans to determine how to contact residents. If contact with the municipal authority results in changes to ignition criteria or other aspects of your plan, document these changes as part of your plan. Ensure confidentiality of all resident information collected. Implement a policy that ensures resident information is provided only to regulators and others directly involved in response activities. Prepare and distribute to each resident an information package that as a minimum: describes the operation and its risks (including characteristics and details on specific chemicals hazards (e.g. H 2 S and SO 2 ) including a map; provides an overview of detailed procedures your company will use to ensure safety during operations; explains clearly how residents will be protected (e.g., evacuated or sheltered) during an incident; and, offers contacts for additional information. Include residents in reviews of your emergency response plan to ensure their needs are addressed, they understand your commitment and approach to emergency response, and the response plans are appropriate to the site and risks. Note your jurisdiction may have different requirements for detailed information packages. Refer to pertinent provincial regulation for requirements. For example, both EUB Guide 71 and the British Columbia Oil & Gas Commission have more detailed listings of what should be captured in handouts. New privacy acts including: Personal Information Protection and Electronic Documents Act (Federal Government) and Personal Information Privacy Act (Alberta Government) came into effect in January These will govern how resident information is collected, what it is used for and how it is stored. Involving Other Organizations Often, your operations will be located in regions in which other organizations also operate industrial or other facilities. It s worth the time and effort to contact these organizations to find out what they have in place for emergency response and determine if there are opportunities to share resources or develop common plans. For example, many oil and gas operators are developing mutual aid agreements to improve their emergency response capabilities. The organizations that participate in mutual aid agreements can include industrial operators, government agencies or corporations and private companies. 40 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

51 Communicating and Testing the Plan To be effective, your emergency response plan needs to be clearly communicated and tested. Everyone who may be affected by an emergency on your site needs to fully understand the procedures that will be implemented and how those procedures will impact them. Communication and testing of your plan should include the following steps: distribute and review copies of the plan with stakeholders; conduct regular household visits to residents within the emergency planning zone to discuss emergency response plans and any other issues or concerns they may have (e.g., plans for future expansions or facility abandonment); document and follow up on all issues and concerns raised about the plan and communicate any resulting changes; offer to involve stakeholders in regular tests of the plan through tabletop exercises, full emergency simulations, or other means; and, evaluate all real and simulated implementations of the plan to determine the effectiveness of communication with all stakeholders, correct deficiencies and communicate resulting changes. A mutual aid agreement is an agreement between two or more organizations with operations or facilities in the same area that outlines how they will help one another in responding to incidents. It defines each participant s responsibilities for providing aid and support during an incident. Crisis Communication Plans and Teams The development of a crisis communications plan and team will enable you to coordinate and distribute information quickly to ensure the safety of those affected by an emergency, and create a climate of positive public and media attention. Crisis communications team members should receive training in activating the crisis communications plan, and dealing with media. Communicating During an Emergency Communicating vital information about an emergency to the public directly and through the media is a critical part of emergency response and can greatly influence relations with communities affected. Companies that fail to distribute information quickly, or are not prepared to answer questions regarding liability and public safety, may be perceived as having something to hide. The negative publicity that may ensue can affect a company s reputation for months or even years after the incident is contained. Ensure all affected publics are contacted and kept informed with up-to-date information throughout an incident. Many companies set up call-out centres from which staff (or your crisis communications team) can keep in direct telephone contact with residents in the emergency planning zone as well as emergency services, other organizations participating in the response, and media. Although communities may receive some information from the media, communication through the media should never be used as a substitute for direct contact. Communications with all stakeholders should be direct, coordinated, consistent and timely. You need to ensure key information (e.g., status of incident, evacuation procedures, names of injured, etc.) is communicated to internal employees, residents, emergency services, the media and other stakeholders as soon as it becomes available. You should be prepared to provide information directly to the public in the form of written media releases and press conferences. Generally, you should focus on releasing the following information: the type and status of the incident; its location and proximity to people in the vicinity; the level of risk to people in the vicinity; a description of the products involved, and their short- and long-term effects; CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 41

52 the status and identification of any affected publics evacuation or other emergency processes and procedures; the time period anticipated to correct the situation; and, sources of additional information. Record all contact with the media and monitor all published and broadcast information in the event further communication is required to correct misinformation or provide updates. Following Up When the emergency has ended, ensure you notify residents, employees, regulators, media, and other interested and affected parties you ve been in contact with. Follow up all emergencies with an evaluation of the plan to identify and address deficiencies in the plan and opportunities to prevent recurrences of the events that created the emergency. Involve the community directly in the evaluation to ensure it is comprehensive and to increase trust in your company s ability to prevent, and if necessary, respond effectively to future incidents. Communicate the steps taken to prevent future occurrences. Legislation/Regulatory Links for Emergency Response Preparedness CSA Z-731 ( ) Purchase the Standard EUB Guide 71 ( Online version EUB ID Public Safety and Sour Gas Policy Implementation Recommendations 54, 60, and 61: Site-Specific Emergency Response Plans for Sour Operations, Emergency Planning Zones, and Reduced Planning Zones Draft Incidents Response and Reporting Protocol for Upstream Petroleum Incidents EUB s Public Safety and Sour Gas Publication ( Federal Privacy Legislation ( Federal Privacy Commission Alberta Privacy Legislation ( Alberta Private Sector Privacy B.C. Office of the Information & Privacy Commissioner for British Columbia (a number of links noted in this bulletin) ( B.C. Oil & Gas Handbook Section 11, Emergency Planning & Requirements for Sour Wells ( Emergency%20Planning% pdf) B.C. Oil & Gas Commission Public Involvement Guidelines ( National Energy Board Legislation: ( Onshore Pipeline Regulations 42 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

53 Backgrounder #7: Environmental Assessment and Public Involvement An environmental assessment (EA) is a tool used by a government agency or regulatory authority (federal, provincial/territorial or co-management boards such as the Inuvialuit Environmental Impact Review Board) to ensure that the adverse environmental effects of proposed projects are identified and dealt with where possible. EAs contribute to informed decision-making, in support of sustainable development. Your Project, Environmental Assessment and Public Consultation Public participation is an important element of an EA process. Generally the term consultation or public participation rather than public involvement is used in relation to the EA process. Consultation strengthens the quality and credibility of EAs as the public is an important source of local and traditional knowledge about a proposed project s physical site and likely environmental effects. In an EA, there are mandatory public consultation requirements, but there may also be optional public consultation that is done at the discretion of the regulatory authority, proponent or both. Before beginning a project, it s important to determine EA requirements. See the Canadian Environment Assessment Agency s Primer for Industry for further information regarding the federal assessment process, including the criteria that must be met for the Canadian Environmental Assessment Act to apply to your project. As well, each region across Canada specifies what type and scale of project is subject to Environmental Assessments at a regional level. For information about the assessment process in relation to your project, contact the Environmental Assessment Agency in your particular region, e.g., the EA Branch of Alberta Environment. Further information regarding assessment processes is available in regulatory roadmaps developed for certain parts of Canada (such as regions of Canada s North). Benefits of Public Consultation Public involvement can help build trust and acceptance of your project and the environmental assessment process. Typical Public Consultation Components of the Environmental Assessment Process Scoping Scoping is the first phase of any EA. Scoping involves identifying all of the relevant and key issues related to a project and its potential (environmental and/or socio-economic) effects. Scoping relies heavily on the review of available information (e.g., data regarding the project area, project activities, and their effects), but also on consultation with relevant stakeholders including regulatory and government departments, Aboriginal communities, local interest groups, and the public who have knowledge of and interest in the potentially affected area. Consultation at this stage of an EA typically involves communication of the project description (e.g., what the project entails, timeline, and footprint); preliminary overview of issues; and solicitation of issues, concerns, and comments. Scoping includes issues scoping; valued environmental component selection, upon which the EA will be focused; and setting the scope of the assessment. 7 CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 43

54 Baseline Review While some of the literature review and gap analysis is done at the scoping stage, a more detailed review of existing information is necessary to develop detailed field program plans. Detailed field program plans will describe the scope of field work required, including level of effort, timing, location, crew requirements, land access requirements, and so on. Public involvement at this stage may require negotiation of land access permission, discussion of field assistant employment opportunities, supplier opportunities, and confirmation with regulators of field program scope. Baseline review includes literature review, gap analysis, and field programs. Traditional and local knowledge is an essential element of an EA. This phase of EA work involves extensive consultation and cooperation with Aboriginal communities. The consultation must include negotiation of rights to traditional knowledge, appropriate means of using and sharing the traditional knowledge, traditional knowledge collection (e.g., by Aboriginal communities, by consultant, or some other means), and similar issues. Assessment The assessment is typically undertaken by you or your consulting team. Consultation at this stage typically involves meeting with regulatory and government departments to discuss potential effects and appropriate steps. Assessment includes impact identification, analysis, mitigation planning, cumulative effects assessment, residual effects analysis, and follow-up. EA Report It is common for large EAs to have consultation, especially with key stakeholders (regulators, government departments, Aboriginal communities), regarding the draft EA, before it is submitted to the regulator. However, with a small EA, this step may not occur. Mandatory public consultation on the final EA is typically prescribed by the relevant legislation or at the discretion of the regulator. This stage of public consultation may include sessions led by the proponent and/or the regulator. Depending on the type of regulatory review, public hearings may be a feature of EA at this stage. Follow-Up and Monitoring Typically an EA will identify the need for follow-up studies on predicted effects and steps taken to deal with those effects. Consultation at this stage may involve resolution of land access issues with landowners, program refinement with regulators, and communication and issues resolution with other affected stakeholders. 44 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

55 Backgrounder #8: Choosing the Right People The first step to choosing your public involvement representative is to be clear about the scope of your project. Different objectives may mean you need different skill sets. For example, public involvement at the level of informing may require skills in one-way communication mechanisms like publications, advertising, news releases, and displays. However, at the level of joint problem solving, skills in conflict resolution, consensus building, mediation, and creative problem solving will be more important. Personal Integrity and Community Skills The right person to lead a public involvement program needs an eclectic blend of knowledge, abilities, skills, and personal attributes to be able to respond on the spot with openness, integrity and flexibility. Ask yourself, does this person: Demonstrate integrity? Instill trust? Demonstrate good interpersonal skills? Listen well? Take good notes? Communicate effectively? Prove to be a team player? Retain a sense of humour? Show patience and respect even when stressed? Put people at ease? Draw people out? Use good body language? Handle criticism well and use it constructively? Demonstrate creativity and effective problem solving skills? Apply effective analytical and integrative thinking skills with diverse subject matter? Integrate diverse information effectively? Notice trends? Think on his/her feet? Show ability to respond quickly but stay organized? Know enough about the public involvement process and about the company s business activities? Have training and experience? Have the confidence of senior management and other company departments? Work well with others? Have a broad base of abilities and skills? Object to the possibility of spending a considerable amount of time away from home? 8 Objectives and Boundaries Identifying and setting objectives and boundaries is important when you re designing a public involvement program because they will affect your choice of activities and initiatives and, consequently, the skills you need for implementation. Answering the following questions will help you clarify your objectives and boundaries and will help you determine whether someone s skills and performance match your needs. Does the person understand what you are trying to achieve with your public involvement program? How do you (and the potential public involvement person) define success? What criteria will you use to evaluate the program s success? Does your company want a high or a low profile in the community? Are you trying to improve your company s reputation with regulators and the community? Are you trying to resolve some historical bad blood? Are there considerations regarding continuity or precedent setting? Do you anticipate needs for mediation and negotiation skills? What are your program constraints? Does this person understand and appropriately challenge the constraints you are placing on the program? Which project options are open to public input and which are not? Is no go an option? How much flexibility do you have to resolve concerns? Are there internal company approval processes or other considerations that may constrain the public involvement process or resolution of concerns? Is the public involvement process confined by rigid time or cost constraints? What other boundaries are there on the process? How important are they to you? CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 45

56 Are there precedents or other policies that will affect the program? Are you competing with another company s proposal in the same vicinity? During the particular public involvement process being planned, do you want to develop policies, precedents or procedures that can be applied to other locations at other times? Are you looking for help from someone (e.g., a staff person or consultant) who is already familiar with: the field area of the activity under discussion; the type of resource or technology being used (e.g., seismic programs, drilling, sour gas facilities, heavy oil production, or pipeline construction); the geographic area and the surrounding communities; your company s corporate culture, policies and precedents; or, a particular aspect of environmental, social, economic, or cultural sensitivity (e.g., groundwater contamination or cross-cultural negotiations). Project Type, Complexity and Location There are many details about the type, complexity and location of your project that could impact the public s perception of your company, its operations and public involvement activities. You will need to answer these questions to clarify the roles and identify the skills required of the people chosen to represent your company to the public. To ensure public concerns are effectively addressed, these representatives must understand both the details and their potential impacts. Is your company s activity likely to be easily understood, without previous knowledge or experience? To what extent will your public involvement program require understanding (and translation into lay language) of technical and scientific concerns (e.g., a new major sour gas facility is more likely to include public discussions of technical and scientific concerns than looping a smalldiameter sweet gas pipeline)? Is your company s activity the first of its kind in the region, so that needs for extensive explanations/translations from jargon are anticipated? Do the publics in the area have a lot of experience and knowledge about this type of development, requiring your public involvement person to be conversant with the details of debates about recent scientific research or engineering alternatives? Does the location of your activity mean your program will need special language skills, understanding of a particular culture, or successful experience working cross-culturally? Division of Roles and Use of Company Resources How you divide the roles and responsibilities for your public involvement program and how you use resources available within your company will also help you determine what you need from the people you choose to help with your programs. Some of the most important questions about roles and resources are captured below. How will you demonstrate to stakeholders that your company is taking the public involvement processes seriously and that there is high-level commitment? Who will provide continuity for public contact through all phases of the project (from initial planning through decommissioning)? Who will ensure that commitments made during the process are followed through? Which roles and responsibilities do you want the public involvement person to assume and which responsibilities will be shared? What roles will senior management play in the process? Do you want the public involvement person to provide or contract all the tasks and services required, or will other company resources be made available? What support will be needed from other divisions and 46 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

57 departments in your company? Who will be responsible for the many aspects of your company s public involvement efforts, such as: ensuring adequate resources are made available; documenting issues and activities for internal management and regulatory review; identifying interested publics and individuals; identifying preliminary issues and information requirements; following up with community members, tracking commitments made and following through on suggestions or concerns; negotiating resolutions to concerns and objections; facilitating and chairing meetings, task forces or advisory committees; communicating internally within your company (including ensuring commitments are met); responding to inquiries and conducting media relations; making presentations to community leaders, regulators and senior management; arranging logistics (e.g., sending invitations, placing advertisements, booking meeting rooms and arranging refreshments); preparing information and display materials; and, preparing and distributing agendas, minutes, or meeting summaries. Do you hope to build sufficient internal company capability from this public involvement process to enable you to decrease reliance on consultants in future? Do you want a staff person or consultant who will design the entire program and implement it, using other company personnel only as information, policy or technical resources? Do you want a trainer or a coach to assist you in design and implementation? Or do you need only intermittent help with overload? Availability and Accessibility How much availability and accessibility you need of the person or people you choose to help you with your public involvement programs and processes will vary with each program. Is availability an issue? If you are trying to establish a long-term partnership or constructive working relationship with a community, will this person be able to provide continuity? If you are testing the waters as part of selecting options or determining feasibility, will this person be able to establish relationships fast enough to obtain useful input to this initial decision-making and still be available for the longer-term program? Are you looking at someone who is expected only to provide shortterm documentation of what (if any) objections or concerns there are about your company s activity? If you plan to assign a staff member, can you organize backup or relieve the individual of other responsibilities so he can be accessible to the community and available within the company to communicate and follow through on outcomes of the process? Can this person be located in the field, or will it be important to work a lot internally to build support for results within head office? If you decide to outsource, do you want the consultant to work from your offices full- or part-time for a period of weeks or months? Or do you prefer the consultant to work from her own office or a storefront office in the community most of the time? How frequently do you want to meet with the consultant as needed or on a regular schedule? Do you want someone who can be on call for intermittent work over months or years? Which is a higher priority for proximity and ready access the project location or head office? CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 47

58 Needs of the Person Responsible Will your company provide the support this person needs? People responsible for public involvement processes need: status as an integral part of the planning or operations team; the trust and confidence of senior management and field personnel; recognized responsibility, authority and clarity regarding extent of decision-making powers; recognition for their public involvement, communication and community skills; training and backup support for areas of limited skills or knowledge; authority to make the day-to-day decisions the activity requires and to negotiate the resolution of concerns; ready access to other senior managers to obtain timely decisions and commitments; time on company agendas to ensure community issues and concerns are considered; full and timely information about company policies, activities, technical issues, and changes in plans; backup for (or freedom from) other responsibilities to ensure availability in the community and follow up in the company as required (often on short notice or outside regular work hours); and, allocation of appropriate and adequate resources. Responsibilities The person you choose to implement your public involvement activities should be responsible for: obtaining clarification of public involvement objectives (and ensuring these are built into later evaluations of processes implemented); planning and implementing public involvement processes using consistent practices; discussing with community and government representatives planning, timing, environmental, social, economic, and other issues pertaining to your company s plans and activities; coordinating and organizing the presentation and dialogue around management, engineering, environmental, social, and economic information for community use; arranging for appropriate company personnel to meet with community or government representatives; eliciting and responding to questions, crises and concerns about the project; negotiating resolutions to problems; developing positive relationships with interested and affected communities, publics and individuals; tracking (or arranging for tracking) of information requests, contacts, commitments, and follow through; documenting public involvement activities for regulatory reviews and internal company follow up; and, arranging for evaluation of public involvement implementation. 48 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

59 Consultants: Getting What You Pay For A consultant who met the needs of another company or community or issue may not suit your company s unique needs now. If you decide to outsource public involvement expertise, how do you pick a good consultant? There is no easy answer. Consider the following: anyone can say they are an expert at public involvement, whether or not they have much in the way of related training or experience; organizations (e.g., the International Association for Public Participation IAP2) can tell you who is on their membership roster but cannot provide assurances regarding levels of competence. They often accept membership from anyone interested in this field; there are multiple paths to competence. Competent practitioners come from a variety of educational and experiential backgrounds. Holding a particular certification or degree is no guarantee of expertise. How do you make sure you are getting what you pay for? The following tips, although not exhaustive, will help you identify and select appropriate resources: Check references. Seek references from their most recent clients as well as clients with relevant projects (e.g., scale, type, location) to your own. Check their credentials with other stakeholders beyond their clients (e.g., community representatives, interest groups, regulators). Ask what the consultant can do and actually has done. Does the consultant have actual implementation experience with a variety of techniques and approaches, or does their experience include only a limited range of approaches? (Have they done a newsletter and open house, every time?) With which levels of public involvement do they have experience? How do they define public involvement? Watch to see if the consultant demonstrates a blend of community skills. Does the consultant have more questions than answers at the outset? Do they demonstrate good listening skills? Do they demonstrate good comprehension, documentation, analysis and communication skills? If they did not hear, understand or keep track of what you were saying, are they likely to do much better with a community? Explore their ideas for your process. How would they apply the CAPP Guide for Effective Public Involvement? Their process ideas or proposals should be open, flexible and creative, but not too loose or unrelated to your expressed needs and objectives. Having heard your needs and objectives, are they willing to challenge some of your assumptions or suggest improvements or alternatives? Do you want a yes-man or do you want the benefit of his experience and advise? Check their qualifications. Do they offer academic and professional affiliations and evidence of respect in the public involvement or consulting community? What other resources or affiliations do they have to draw on, if needed (e.g., other consultants, facilitators, planners, mediators, environmental advisors, communicators)? Be wary of too-easy answers. Beware of pre-packaged processes, templates or one-size-fits-all approaches. Public involvement requires flexibility. Beware of guarantees, assurances and quick fixes. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 49

60 CAPP s Aboriginal Relations Objectives Backgrounder #9: Aboriginal Communities and Public Involvement 9 Some of CAPP s current objectives for Aboriginal relations are: To assist in the development and support of enduring and mutually beneficial relationships between the energy industry and Aboriginal people, businesses and communities. To focus efforts in the areas of project-specific employment, business opportunities, education, and training as the best means of contributing to enduring and mutually beneficial relationships with Aboriginal people and their communities. To promote an understanding of the respective roles of industry, government and Aboriginal people and communities. CAPP s goal with respect to Aboriginal relations is to support the development of respectful relationships between CAPP, its member companies and the Aboriginal communities in which they work, and to ensure timely and cost-effective access to the resource. See Glossary for definition of Aboriginal treaty, title and rights, page 115. Oil and gas producing companies undertaking public involvement programs in Canada require an understanding of the Aboriginal historical and cultural context, demographics, changing and evolving legal and regulatory requirements, and current industry and community challenges. Successful engagement of Aboriginal communities in support of on-going operations or proposed capital projects requires a commitment towards building sustainable and mutually beneficial relationships and understanding community protocols, which may differ from region to region. Legal Framework As indigenous peoples, Canada s Aboriginal populations have unique status and rights in law. Within Canada, the legal framework governing Aboriginal engagement and public involvement continues to be refined. Resource development must reflect and take into account Aboriginal treaty, title and rights. The law within this area is in a continual state of development, with new issues and perspectives being explored on a regular basis. As a result of judicial interpretation and rulings regarding the principles of Aboriginal and treaty rights, many Aboriginal communities are enveloped in a complex framework of legislation, legal opinion and court decisions. The following are some legal opinions regarding Aboriginal public involvement that have emerged from various legal decisions over the past decade and that may apply to each company s plans. Consultation and public involvement programs must be meaningful and undertaken in good faith. Proponents must provide sufficient information on the proposed project so that each community can determine the effect of potential infringement on rights. Communities must be given opportunity to express their views and concerns, and the regulator must give serious consideration to that concern. Aboriginal Right Versus Aboriginal Title An Aboriginal right is a right to do or participate in a certain activity, custom or tradition such as hunting, fishing or trapping. It may be held by the community as a collective right, but is exercised by individual members of the community. Aboriginal title arises from the aboriginal interest in land. The leading case with respect to aboriginal title is Delgamuukw v. The Queen (1997). The Court defined aboriginal title as a right to use the land, a right which is not limited to those uses which are themselves aboriginal rights, but is limited to uses reconcilable with the nature and source of aboriginal title. Despite the recognition and affirmation of Aboriginal and treaty rights in Section 35, Constitution Act, 1982, these rights are not absolute. Treaty and Aboriginal rights can be either extinguished or infringed provided that certain tests are met. Treaty Rights In order to plan and execute successful public engagement programs within the Aboriginal community, it is necessary for companies to fully understand the nature of treaty rights as well as the Canadian constitutional protection afforded to them. 50 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

61 Treaties are unique legal instruments that are entered into between Aboriginal peoples and the Crown. The nature and content of the numerous Aboriginal treaties in Canada vary. They are dependent on the historical context in which the treaty was negotiated and signed or the wording of the agreement and, of course, the overall purpose of the treaty. Generally speaking, all treaties have the intention to create a set of legal and mutually binding obligations. Aboriginal treaties cover large parts of Canada, with the notable exception of British Columbia and Quebec as well as part of the Territories. In areas where historic treaties do not exist, modern treaties (sometimes referred to as comprehensive land claim agreements) are being negotiated between the Crown and the Aboriginal people as a means to resolve outstanding land claims. However, it is important to be aware that many of the historical treaties are now being challenged, with the contention that such treaties do not have the effect of ceding territory or various rights. Land Claims Aboriginal land claims are of two basic categories: comprehensive claims and specific claims. 1. Comprehensive Claims Comprehensive claims are present where no treaties or other agreements have been reached between the Aboriginal inhabitants and the Crown (e.g., with most of the Dene and Métis in the Northwest Territories and Yukon until recently, the Lubicon Lake Band in Alberta, and First Nations throughout much of British Columbia). The Inuvialuit Final Agreement in the Western Arctic outlines the settlement of a comprehensive claim, one of the few to have proceeded past the agreementin-principle stage before Consultation with Aboriginal people is a significant part of the regulatory approval process in areas covered by comprehensive claims (or subject to current negotiations). 2. Specific Claims Specific claims are claims to land or compensation by an Aboriginal person or group on the basis of a specific breach of obligation under a treaty, other agreement or the Indian Act. They relate to problem areas and cut-off lands in areas where prior agreements (e.g., treaties) have been reached, such as where only part of the agreed upon areas of land have been allocated as reserves, and the rest remains outstanding. How the Crown Resolves Claims To resolve an outstanding claim, considerable research to support the claim is required, as well as lengthy periods of formal negotiations. With most claims, considerable time and research is expended to reach the point where the claim meets sufficient criteria to be placed on the table for negotiation. Considerably more time and research follows for an agreement on the claim to be reached. Monetary compensation, land, management authorities, and harvesting rights are some of the mechanisms used to settle a claim. In general, lands allocated in a claims settlement are selected from Crown lands. Lands held by private title generally have been avoided and selection of lands located within urban municipalities has been rare. Impact of Claims on the Petroleum Industry Unresolved comprehensive or specific claims can add complications to negotiations with Aboriginal communities regarding petroleum industry activities in these areas. The exact nature and locations of claims often are considered confidential and are revealed only at the discretion of the tribal council or the chief of the bands involved in the course of face-to-face consultations. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 51

62 Regulatory Expectations Federal, provincial or territorial bodies regulate Canadian oil and gas companies. Regulatory expectations are evolving. Governments and regulators encourage industry to build relationships to work out issues with Aboriginal communities, rather than carry unresolved issues into regulatory processes. In the interests of individual companies, as well as the Aboriginal communities and other governments involved, it makes sense to plan industry activities in ways that address the interests of the various parties. Understand the regulatory requirements for your project and what that involves. Regard regulatory expectations as minimum guidelines. The regulatory interpretation of what constitutes adequate Aboriginal consultation or engagement continues to mirror legal precedents. However, regulator expectations continue to change with the evolving legal environment. You need to follow the evolutionary trend of the regulatory requirements. The National Energy Board (NEB) is an independent federal agency that regulates some aspects of Canada s energy industry. Its purpose is to promote safety, environmental protection and economic efficiency in the Canadian public interest within the mandate set by Parliament in the regulation of pipelines, energy development and trade. In essence, any activity that occurs across provincial, territorial or international borders falls under the jurisdiction of the NEB. The NEB has a responsibility to render decisions that do not offend constitutional provisions, including Section 35(1) of the Canadian constitution that protects Aboriginal and treaty rights. In 2002, the NEB issued a Memorandum of Guidance (MOG) with respect to Consultation with Aboriginal Peoples. Considerable discussion between various levels of government and agencies, the Board, companies and Aboriginal representatives has ensued regarding the practical implications of the NEB s directive. It is interesting to note that while the NEB has moved to further define expectations regarding Aboriginal engagement, most provincial and territorial regulators are also undergoing various reviews of their own consultation requirements. For example, the British Columbia government released a new policy with respect to Aboriginal consultation in late The policy titled Provincial Policy for Consultation with First Nations describes how provincial ministries, agencies and Crown corporations must consider the interests of First Nations in the allocation, management and development of Crown land and resources. The previous provincial consultation policy was released in Since then, a number of important court cases have provided direction on the Province s consultation obligations. The new policy is intended to reflect the evolution in case law since The Cooperation Plan for the Environmental Impact Assessment and Regulatory Review of a Northern Gas Pipeline Project through the Northwest Territories issued in 2002 describes how regulators plan on coordinating review functions. Part of this process will be to see if adequate consultation with affected Aboriginal people has been undertaken. 52 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

63 Key Demographic Trends in Canada Aboriginal peoples represent a significant and growing segment of the population in Canada. Just over 1.3 million (2001) people of Aboriginal ancestry live in Canada representing 4.4% of the total population. In 1996, people with Aboriginal ancestry represented 3.8% of the total population. Using new data from the 2001 Census, Statistics Canada (Aboriginal Peoples of Canada: A Demographic Profile) has highlighted several interesting trends. From 1901 to 2001, the population of Aboriginal ancestry increased tenfold, while the total population of Canada rose by a factor of only six. During the first 50 years of the census, the Aboriginal population grew only 29%, whereas the total population far more that doubled (161%). On the other hand, between 1951 and 2001, the Aboriginal ancestry population grew sevenfold, while the Canadian population as a whole only doubled. Public Involvement with Aboriginal Communities Both judicial and regulatory bodies have signalled a shift to more demanding and inclusive public involvement requirements when dealing with Aboriginal communities. As outlined in previous sections, the Aboriginal public involvement program must meet the basic requirements of the regulatory authorities and the considerable weight of legal precedence. Failure to adequately engage Aboriginal people in a public involvement process will inevitably lead to intervention and place your project in serious jeopardy. While all stakeholders are important in their own right, CAPP recognizes the history, uniqueness and diversity of Canada s Aboriginal peoples, The Aboriginal community places a great deal of weight on the development of relationships, prior to any assessment they may carry out regarding a particular project. The more time that is spent cultivating a mutually beneficial relationship, the more likely that project proponents will avoid misunderstandings or unintentionally create impediments to the project s overall success. Beginning a public involvement program with an Aboriginal community entails many of the same principles of public involvement as dealt with in Section 2 of this Guide. Some additional fundamentals include: understand and respect the differences, the culture, values and interests, and sense of timing; keep your timelines flexible; public involvement programs often need to be distinct processes for these communities; be committed and prepared for intensive and on-going communication that is essential to building trust; and, be alert to external and internal dynamics. It takes time and patience to develop solid relationships with your Aboriginal stakeholders. The old adage the earlier the better is one all CAPP member companies are encouraged to embrace. Project timelines are meaningless to a community without a framework of trust, understanding and respect. While it may not always be possible to begin developing relationships at an early stage of project development, evidence clearly suggests that success rises with early engagement. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 53

64 Demographic Trends Projected demographics make increased Aboriginal participation in the workforce important for Canada. While some of the barriers to Aboriginal workforce participation have decreased, other barriers remain. Based on an analysis of the Census 2001 Aboriginal data, Statistics Canada has identified several important trends in Aboriginal demographics, education and labour participation. These trends represent opportunities and challenges for Aboriginal communities, CAPP member companies, and governments. Components of a Corporate-Aboriginal Community Relationship Workforce Development supporting education, employment-related training and recruitment, retention and advancement. In recruiting Aboriginal candidates for training and employment, broaden the recruiting pool by supporting pre-employment and educational upgrading to improve pre-recruitment qualifications. Integrate training and employment opportunities and Aboriginal awareness and diversity training. Establish mentoring programs and reach out to Aboriginal students in schools. Examples of these initiatives might include a system of post-secondary scholarships, support for apprenticeship programs or on-site mentoring of Aboriginal employees. Business Development providing business opportunities, equitable partnerships and joint ventures, and strengthening business capabilities/capacity. Plan for Aboriginal participation by matching business opportunities with business capabilities. Use procurement as a tool to provide opportunities for Aboriginal suppliers. Community Relations fostering the development of long-term relationships between industry and Aboriginal communities. These relationships could include the development of framework agreements (optional), building and sustaining positive community relationships, community development initiatives, community investment and community profiles. Resource Management fostering collaborative and consultative processes between industry and Aboriginal communities. Strengthen the knowledge base (Traditional Knowledge studies, ecological/environmental studies, ecological and wildlife studies, and archeological studies) and implement consultation processes through early engagement and participation plans and mechanisms for resource access and management. Working with Aboriginal communities, companies can conduct joint field studies or involve Elders in defining areas of traditional interest or activities. As outlined earlier in this section, all of these activities are enhanced by engagement that begins as early as possible in a project cycle. Corporate Commitment building commitment to corporate policies or guidelines e.g. workforce diversity, Aboriginal Relations policy, and benchmarking performance in Aboriginal relations. Many member companies have developed specific Aboriginal relations policies that outline the goals, objectives and outcomes each company hopes to foster through the development of positive relationships with Aboriginal communities. The development of policies leads to consistency of approach and provides a window into your corporate culture that Aboriginal communities can use to gain perspective on your intent and commitment. Companies are investing in cross-cultural training programs. These training programs are designed to enhance understanding within industry regarding Aboriginal issues, cultural, historic and current grievances, issue resolution, relationship development and sensitivity with respect to engagement practices. 54 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

65 Meetings with Chiefs and Councils Companies often require meetings with Chiefs or Councils to review project data and to coordinate planning for various field studies. While such meetings often have some urgency for the company related to project application timelines, it is important to place into context your meeting requirements with the community s own schedules. Chiefs and Councils are almost always over-extended in terms of time management. A Chief is responsible for the social well being of his / her community and their days are packed with community meetings and requirements. To avoid lengthy delays when a meeting or meetings with Chiefs and Councils are required, keep in mind the following: If your meeting is time sensitive plan ahead. Don t expect the community to drop everything on short notice just to meet your schedule. Assess whether it is really necessary to meet with the elected leadership. Perhaps meetings with the Band economic development personnel or other officials might be more appropriate. Avoid the urge to meet without purpose. The community s time is as precious as yours and they appreciate meetings that have definable purpose and specific requirements or outcomes. Respect the community leadership position. While most Chiefs and Councils are very gracious in giving of their time, they are elected heads of their communities and, given time constraints, often prefer what is known as Chief-to-Chief meetings. Where possible, incorporate the appropriate level of senior management into the actual meeting processes. This enhances the overall relationship and demonstrates sensitivity and respect to the elected positions. Identify Appropriate Internal/External Resources Aboriginal people are often sensitive to the individual that visits and interacts with their community. Where possible, companies are encouraged to seek out and develop either internal or external expertise specifically related to Aboriginal engagement. Such expertise will prove valuable in understanding local practices or protocols and will generally be well received by the communities. Understand Each Community Developing community profiles is an important feature of public involvement practices. As with any other public interests, no two Aboriginal communities are alike and each requires a customized approach to involvement. In some cases, two bands (e.g., Cree and Chipewan) may inhabit one reserve, adding a level of complexity. Language or dialect may differ even within one band (e.g., Woodland Cree and Plains Cree). This may require the use of a local translator. See also Backgrounder #4: Community Profiling, page 34. Within all Aboriginal communities, family ties and allegiances are strong and Elders play a unique and more critical role than civic leaders in other communities. Generally speaking, community elections usually take place every second year, not every four or five years as is common in other jurisdictions. Such a rapid transition of elected power can affect all aspects of the relationship, from whom you contact to how receptive a community might be to a proposal. While companies will most likely interact more with individual communities or bands, it s important to understand the relationship between communities and Tribal Council or Treaty organizations. There has been increased cooperation between various communities resulting in a higher level of input from regional or national organizations. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 55

66 Adapt Your Consultation Approach to Community Practices Prior to beginning the engagement process, it is important to gain an understanding and agreement from communities regarding how they choose to participate. Simply showing up with a brochure and maps may be totally inappropriate and damaging to a company s efforts. Understanding how a community wishes to be engaged will almost always produce a better, more constructive and ultimately more productive public involvement program. Entering into Agreements Some companies are entering, on an optional basis, into a variety of agreements with Aboriginal communities. Agreements may cover consultation approach, business development, capacity funding, or environmental assessments. Aboriginal Engagement Practical Framework On project-specific matters, companies may focus their efforts on: understanding legal obligations; engaging internal stakeholders; identifying Aboriginal communities; engaging levels of government; informing Aboriginal community about the full scope of your company s activities, plans timetable and expectations; seeking understanding of Aboriginal communities aspirations and concerns; arranging workshops, open houses site visits, presentations; attempting to satisfy obligations; enhancing benefits or minimize possible negative impacts; providing on-going feedback on how the project has been modified to address concerns; and, documenting fully all communications initiatives, Aboriginal community concerns, and feedback received. Participation in Development Activities It is common for groups to want to share in the benefits of development through participation in business and employment opportunities. The majority of Aboriginal communities have relatively young and growing populations and, especially in the case of relatively isolated communities, have limited opportunities for economic and social development. Training, employment and business opportunities (e.g., supplies and contracted services) are often are seen as ways to develop sustainable communities. Demands on Institutional Capacity There are also concerns about short timeframes allowed for review of proposals, availability of resources to conduct reviews and formulate appropriate responses, and continuing pressures to respond to others timeframes and agendas. Increasingly, Aboriginal communities are requesting some form of capacity funding to allow productive engagement. This might include meeting expenses or could be expanded to allow each community to hire various engineering, environmental and other technical expertise to assist in the evaluation process. 56 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

67 Local Information and Assessment of Impacts Because traditional land uses have been closely tied to renewable resources, and because of the long histories of many Aboriginal communities in a given region, impact assessments (e.g., environmental, historical resources and socio-economic) are often of considerable interest to Aboriginal communities. These impact assessments incorporate relevant local knowledge. Ensure there is a government link to this assessment information and process. While the company s assessment requirements may be restricted to a particular project, Aboriginal communities often have other uses for the data including the need to: respond to development proposals; meet documentation requirements for treaty or claims negotiations; address legal definitions of rights and tests for impact on rights; negotiate boundaries or shared use areas among other communities; and, preserve traditional knowledge for their growing and generally young populations. Aboriginal communities affected by development often need time and resources to research and document traditional use areas and traditional knowledge, as well as current uses and proposed uses in their traditional territory. Finally, it is important to bear in mind the unique bond that Aboriginal communities have with the land. Companies require land access to undertake specific activities. For Aboriginal communities, the land is sacred. It can be viewed from an Aboriginal perspective not only as a source of economic development, but also literally as a school, a pharmacy, a place of worship and a grocery store. Backgrounder #10: Advisory Committees, Task Forces and Synergy Groups Advisory committees and task forces enable company personnel to work directly with community leaders, members, groups and government to enable all participants to achieve a greater appreciation of the other s issues and concerns. Advisory committees usually address a number of issues over an extended period of time. Task forces are usually formed for a short period to address a specific problem or single objective. Members of these groups become quite knowledgeable about industry operations and the issues at hand and are often able to provide substantial input. Synergy groups are made up of representatives from the community, oil and gas industry, regulators and ENGOs as well as other industries and associations. These groups take a proactive approach to identifying issues at the community level and are interested in working to ensure development is responsible. Note: Although this section specifically addresses advisory committees, its tips and techniques are equally applicable to task forces and synergy groups. Advisory committees can: help identify community goals and needs; be used as a sounding board to identify project-planning issues; identify problems, explore options and identify mutually acceptable resolutions; provide assistance in designing and implementing the various components of a public involvement program; and, add to the credibility of the involvement process. 10 CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 57

68 The advisory committee must be established by the community, for the community. This will help ensure its credibility, effectiveness and value to public stakeholders, company and government. The group must be encouraged and given the resources to solicit informal feedback and to keep its various constituencies informed about its activities. Advisory committees usually cannot be used in isolation. Without complementing these groups with other public involvement techniques (e.g., public meetings), the larger public gets a sense that they have been excluded from the decision-making. Also, it becomes difficult to determine whether the group is truly representative if no other community involvement activities are used. Setting up an Advisory Committee Consider the following: create terms of reference for the group that define its purpose, objectives and boundaries; keep membership to a reasonable level (e.g., advisory committees should ideally be around eight members); balance membership with a mix of experts and opinion leaders; establish ground rules for how the group will operate (e.g., how to handle consensus, communication to the community, expenses, compensation for time contributed etc.); and, ensure roles are assigned for the chairperson/spokesperson, facilitator, timekeeper and recorder. Providing Resources to the Committee Consider the following: make sure appropriate resources are available to members of the committee; reimburse out-of-pocket expenses if possible and where appropriate. These may include costs for travel and accommodation, long-distance telephone, photocopying, childcare, translation and other items; provide communication tools (e.g., overhead transparencies, use of a photocopier or fax machine) or other supporting resources (e.g., secretarial or logistical support) as appropriate; offer summaries of technical or background materials, extra training or expertise. Participants may not have the time or background to digest lengthy technical reports, may not know what they need to learn, may not know where to get the information they need, or may be hesitant to ask or acquire it themselves. By improving members knowledge of the issues, you can better prepare the group to do its work; remember resources for the care and feeding of participants. Pay attention to dietary or cultural sensitivities and preferences. Provide alternatives to caffeine. Remember resources for celebrations; and, ask the group about the resources it needs. Don t inundate members with information, or unilaterally invite experts to join a meeting without first asking if the group needs these things. 58 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

69 Points for Managing Advisory Committees Make the most of your advisory committees: work with the group to ensure appropriate terms of reference, membership and resources; clarify roles; allow enough time for participants to build relationships, build understandings, reach agreements and enjoy themselves. If you don t have time to do it right, you ll have to find time to do it over; encourage questions and clarifications before debate; encourage and demonstrate active listening skills paraphrase to improve understanding; assume there is some valuable input in every participant s contribution that can be built on to strengthen and improve the outcomes. Develop and examine the issues underlying differing positions to find ways to reconcile them, rather than attacking or defending positions. Focus comments on the issues, not the persons who raise them; recognize that participants will not think alike. This enriches the group but it may also be frustrating; acknowledge and then set aside thoughts and ideas that are outside the current topic and address them after the current topic has been exhausted; consider using flipcharts, chalkboards, overhead transparencies and other tools that allow participants to build on each other s suggestions and ideas. Share documentation of these ideas and agreements so that all can see them. Interactive computer projections, video-conferencing and can also be useful if all participants have access and are comfortable with the technology. But, do not allow a preoccupation with the tools to get in the way of the relationships and the discussions; avoid creating situations where some participants are left behind or where participants must embarrass themselves to find out what they need to know. Offer, but do not impose, resources; assess group progress and process during and after each meeting; appreciate that progress may be slowed by the need to revisit issues and previous discussions as new information or understandings come to light; and, hold each other accountable (and the group as a whole) and help each other to achieve objectives and build relationships. consider bringing in third-party process resources: a skilled and experienced facilitator to help the group with process, allowing participants to focus on the content of issues, concerns and solutions; an impartial recorder who understands the issues and can produce a useful record of the discussion; experts to brief participants and answer questions; and, a skilled and experienced mediator to help parties reach agreement on key issues. If a mediated agreement cannot be achieved, see if the group can agree to an arbitrated decision (and selection of an arbitrator). take breaks. Refreshment breaks can relieve tension and physical discomfort; allow reflection, creative thinking and relationship building; and demonstrate appreciation for the group s effort; and, include ceremony and celebration to applaud achievements, praise participation, mark milestones and commemorate completion. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 59

70 Backgrounder #11: Effective Meetings 11 There are many different types of meetings designed to address different needs and issues. Most meetings are best saved until after issues have been identified and relationship building has begun. However, in the case of a large problem or incident of major and immediate concern, a meeting may be the fastest way to get accurate information to as many people as possible (before rumours spread). Likewise, meetings should not wait until late in the planning process, when project decisions have already been made and options are limited. Meetings can provide project planners with valuable community-based understandings of project impacts and planning issues. Participants may provide planners with options that are more equitable, less disruptive or more beneficial to affected communities and interest groups. If meetings are delayed until after project decisions have been made, they will have a different character and may be focused on protests and hostile questions, or they may be limited to the part of the population interested in economic opportunities associated with the company s activity. Checklist for Organizing Effective Meetings Groundwork resolve as many issues as possible and work on building relationships before the public meeting if at all possible. contact local leaders, regulators and others publics (including corporate representatives needed at meeting): explain what you want to do and how they might choose to participate; assess local attitudes and levels of public interest in your issues; and, identify scheduling conflicts. Planning schedule the meeting at a time that is convenient to the participants, not the corporate deadline; plan the meeting to last no more than three hours; choose a location that is convenient to the participants, and ensure there is adequate space; prepare a written agenda and arrange for stakeholders to provide feedback; make sure presentations are not too technical or lengthy. Assign a maximum of thirty minutes to each topic (not each individual presentation) and leave lots of time for discussion. That way, if participants want more detail on some aspect of a presentation, they can ask; select a location, time and date; advertise the meeting at least two to three weeks before and on the day of the meeting. Consider a variety of advertising techniques (e.g., newspaper, radio and television ads; posters and flyers; public service announcements on radio and television; and telephone or written invitations to neighbours, community leaders and key interest groups); prepare and issue a news release announcing the meeting; organize the equipment needed by the speakers; 60 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

71 prepare and distribute a background statement to the media before the meeting; ensure arrangements have been made for: opening the building (find out who will unlock the building or room for you and record his phone number); printing and distribution of meeting agenda and handouts; setting up any exhibits; meeting room or meeting hall access and signage if necessary; comfort zones (e.g., refreshments, visiting areas, coat and boot storage and washrooms); greeting area, greeters, attendance or contact lists and name tags; refreshments; assigning roles (e.g., chair, facilitator, recorder); sound system and projection equipment; and, following up questions, comments and meeting results (e.g., assigning responsibilities and monitoring follow up). Set Up arrange seating so the chair, facilitator and recorder can see and hear everyone. If there is a head table, don t elevate it. In small groups, use a circle or horseshoe arrangement; provide floor microphones for larger meetings; and, ensure all company representatives are at the meeting location early. You should be waiting for your guests, not vice versa. Ground Rules for Meetings Ground rules are the protocols established for how a group wants to work together. They clarify expectations of each other and how the group will function as a whole. They should address: the expectations of team members; how decisions will be made; how differences will be resolved and disagreements managed; how air time will be shared so everyone has a chance to state their views or raise concerns; how the group will change things if results are not being achieved; how communication (inside and outside) will be handled; what kinds of feedback are and are not acceptable; how to supportively remind each other of ground rules; and, how long and how often the group will meet. The group should establish and commit to ground rules at the outset. You may draft a set of ground rules and bring them for group revision, or adopt or modify another group s set. The group may agree to add, clarify or change some of the ground rules at any point, but changes should be agreed on. It is better to not have so many rules that they cannot be remembered or visibly posted for meetings. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 61

72 Checklist for Chairing a Public Meeting Start the meeting as close as possible to the advertised time. It s inconsiderate to ask people to arrive on time and then ask them to wait. Check the agenda with participants and make necessary alterations. Introduce the minute-taker, company and government representatives and local leaders. Frame the discussion. Explain the process, present time limits and suggest ground rules. Limit speakers only when necessary to give fair time to others. Keep discussion focused on the agenda. Lengthy or frequent digressions make people restless. If possible, refer to invited and impromptu speakers by name. Repeat questions to ensure you and the audience heard them accurately. Keep response to audience questions brief. Listen carefully to the types of questions asked and any other feedback from the audience. When soliciting comments, look around the hall systematically and leave enough time for hesitant people to speak up before you move on. Treat all points of view as valid, and refrain from philosophizing on the statements or questions people present. After a question has been answered, check with the questioner to see if the response was sufficient. If people seem uncomfortable with the way things are going, ask for comments and deal with them directly. Ensure the main points of each participant s contribution are recorded (preferably using tools all participants can see, such as flipcharts or overhead transparencies) and ask participants to verify that the written record accurately reflects their points. Summarize key points and outcomes at the end of each agenda item and again at the end of the meeting. Ask again for verification that the summary accurately reflects participants input. If the meeting is running late, you may have to choose between extending the time and convening another meeting. Explain the options and call a vote. Sometimes, an extended meeting is essential to resolution. At other times, it s counterproductive to extend a meeting. Prepare and issue meeting summary notes to participants and those who were invited but didn t attend. Facilitation Tips and Techniques To be effective, the facilitator should follow these tips and techniques. commit to ground rules. Establish ground rules with the group at the outlet for how its members want to work together. Provide feedback supportively when the ground rules are not being followed; See also Backgrounder #3: Communicating and Listening Effectively, page 29. listen effectively; watch for low energy in a group, which may be shown by body language, silence, doodling and other behaviours. Body language may indicate frustration, boredom, concern, disagreement, distraction or withdrawal. When you notice signs of low energy among several members of the group, bring this to the group s attention (without embarrassing individuals) and suggest ways to address it. For example, determine if it is time for a break or time to move on from this topic; ensure concepts are being caught clearly and completely by the recorder; 62 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

73 ensure airtime is equitably shared. Provide each member with equal opportunity for input. This does not mean that every group participant needs to get the same number of minutes; help establish an environment where one person s ideas can be stimulated by others ideas; intervene cautiously. Ask yourself if intervention will help or hinder the process. If you choose to intervene, be assertive but tactful. Avoid embarrassing anyone or being perceived as attacking ideas or judging content; encourage quiet, withdrawn or angry participants by: asking them directly if they have something to add; asking them if they have a concern about the process, the points made or whether agreement has been reached; making an observation with a question (e.g., Bill, you seem to be thinking hard on this one, do you have something to add? ). Be careful with observations that may be viewed as judgmental. exploring critical or cynical responses; going around the circle for each participant s comments on the topic, especially at the beginning of a session while participants are shy or unclear as to the range of ideas allowable within the topic, or if the discussion is becoming dominated by a few group members; opening the door for silent members to give them an opportunity to contribute. If they choose not to speak at that time, open the door again later. If they begin to talk and are interrupted, open the door again, as soon as possible; and, acknowledging a dominant member s point in a way that allows discussion to move on. Summarize the dominant member s point, check if your summary is accurate, and open the door for others. Avoid starting a debate with a dominant member over airtime. The member may not be aware he is consuming much of the air time, may think he is helping the group cut through to the solution, or may think that others are not listening or do not understand; help the group reach agreement, build consensus and resolve conflict. if the group is stuck: back up to where there is agreement; give it a break. Come back to the topic after moving on; and, try brainstorming, or initiating What if... questions (such as What if budget was not a constraint? ). See also Backgrounder #5: Conflict and Consensus, page 35. Recording the Meeting Results The recording process not only documents the discussion, reminding group members of ideas presented, but also serves to summarize and organize the information. Recording using a shared medium (e.g., flipcharts, overhead transparency or chalk board) helps participants see productivity, analyze results and correct misinterpretation or gaps in the record. This shared focus can help the meeting progress. However, the visibility of this shared medium also can tend to freeze an evolving discussion at a particular point, perhaps discouraging further refinement or integration of ideas. It can also slow discussion, as participants may start talking at the rate the recorder writes. Avoid attempting to take verbatim notes on a shared medium. Few people can write that large that fast, but do try to use some of the participants own words. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 63

74 Backgrounder #12: Open Houses The following was prepared with specific reference to open houses, but many of the points also apply to other types of public meetings. An open house provides the opportunity for a company to provide information and interact directly with the public. You can use displays (e.g., posters, maps and flipcharts), audio-visual presentations and information packages to convey your ideas, and have project personnel available to discuss the project and answer questions. This technique is similar to a storefront office (see page 86) except the open house is of shorter duration and not as office oriented. A common format for open houses is for members of the project planning team to staff information displays while members of the public come and go. Sometimes a public meeting is also scheduled during the same period. Every member of the team must be prepared to present information, listen, answer questions and note comments from members of the public. This may require more participation of team members and some different skills than might be required at a public meeting or a regulatory hearing. Briefing the Team In addition to working with team members on the preparation of information displays, it is useful to organize a briefing session to prepare members for their roles. An agenda for such a briefing session might include: introductions; context; objectives; hearing and documenting; providing information; and, do s and don ts. Each of these items is described in the following text. 12 Introducing Team To work as a team at an open house or other public meeting, and to refer questions and information appropriately, all participating members of the planning team need to know each other, their respective roles and areas of expertise. Don t assume all participating team members have met or worked together previously. Allow time for introductions at the beginning of the briefing session. Then encourage everyone s participation throughout. Understanding Context All team members preparing to participate in an open house or other type of public meeting should be knowledgeable about the project. They also should know about the: objectives of the public involvement program; approaches that have been used and are yet to come (e.g., the detailed public involvement plan and schedule); kinds of issues that have arisen and are expected at the public session; 64 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

75 specific purposes of the open house or other meeting; and, process for documenting and using the information gained from the public session in decision making and regulatory applications. Understanding Objectives The main objectives of the open house or other public forum must be clear to team members. They should also be aware of any additional objectives relating to other company activities in the area, regulatory requirements or other considerations. Example: The specific objectives of an open house in relation to project planning are: to hear and document advice, information, questions, concerns, suggestions, praise, etc.; to provide accurate information; to improve plans through public input to the extent that issues and concerns requiring hearings are reduced or eliminated; and, to assure regulators and the public that planning is careful and thorough. Hearing and documenting what guests have to say is top priority. In addition, in relation to on-going operations in the area, the company is also trying to strengthen its relationships with the area s publics. Hearing and Documenting Hearing what your guests have to say and documenting their input should be considered the main reasons for organizing an open house. Review the following pointers with your planning team and see what other suggestions they have from their own experience. Listen carefully and show you are listening (e.g., make eye contact, take notes, paraphrase to indicate understanding). Note key points, questions and answers on the flipchart at your station. Take more detailed notes and make sketches on a note pad. Show the guest what you ve written to see if you ve captured the comment accurately. Draw guests out, ask them questions. If someone has a lot to say or needs a long time to say it, suggest that the two (or more) of you move to a table and call someone else over to temporarily staff your station (if possible). Offer your business card in case the individual wants to follow up with you later. Relax. Providing Information Key Messages Team members should familiarize themselves with the company s key messages about the proposed project or activity. These are brief, credible messages that tell your story with an understanding of your audience and their needs and interests. Key messages provide consistency and emphasis to what the various publics are hearing about the company and its activities. While these messages shouldn t be repeated verbatim, the themes should provide some continuity through every team member s communications. They should also be presented with some consistency through displays and handouts. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 65

76 Answering Questions Answering questions is an important way to provide information at an open house. The following pointers can help you provide answers more effectively. Other members of your planning team may have additional suggestions based on their own experience. Take the time to know the person you are talking to and their level of interest or knowledge. To do this, you may need to ask some questions before you start answering. Ask yourself what it is you want the questioner to know. Ask the questioner how much detail she wants. Relax and remember this is just a specialized type of conversation in which you are providing a point of view. Avoid an attack-defend situation where they ask and you just answer. If you remember it is a conversation, you will clarify questions, use plain language, ask your own questions, use examples, look at the questioner and converse in an interested manner. Keep bridging back to key messages. Some sample bridges are: But the important thing to remember is... Not many people are aware of the fact that... But the underlying issue is... You know when you talk about A, it s also important to talk about B... Getting back to what we were talking about before... But one of the things we are really being careful about is... Be honest, don t guess. If you don t know, call someone over that does, or offer to find out the answer and get back to them. If you think you know but it s someone else s information, say so ( I m not an expert in that area, but what I understand to be the case is... ). Offer your business card if they want to call you again to discuss their point further. Keep it short and simple. They will ask more questions if they want to know more. Jot down key points of your answers on the flipchart (after their question). Recognize that your attitude and body language say as much as your words. The next day, most guests will not remember exactly what you said, but they will remember the impression you left. You should be (and appear to be) honest, open and forthright. Remember that nothing is off the record. Team Preparation of Questions and Answers Discussing the kinds of questions that open house guests might raise helps develop some consensus and consistency in answers and increases confidence levels among team members. A degree of consistency among team members responses at the open house or other public meetings is useful in avoiding confusion and in gaining public trust and confidence. In addition, team members can let each other know if there are particular types of information they can provide guests or are seeking from guests (e.g., an environmental consultant may want to know about local recreational uses of the project area). Guests will not always target their suggestions and information requests to the right team members and may need redirection. Notes should be made of this discussion and circulated as reminders to all participating team members prior to the open house. 66 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

77 Arranging Logistics and Wrapping Up Team members need to know about transportation, accommodations, meal arrangements, and any other particular tasks they are assigned. Ensure at some point in the process (e.g., during a meal break, between two sessions) that there is an opportunity for team members to summarize points of particular interest. At that time, review each other s notes to clarify issues, discuss implications for project planning and decision-making, and formulate appropriate responses or plans for follow up. If two or more open houses are taking place in a series (e.g., afternoon and evening or at different communities), this process can help with preparation for the next one. Do s and Don ts Checklist Avoid confrontation. Don t let it turn into an attack-defend situation. Let guests know that you there to listen. Be firm and friendly. Be polite. Remember that getting angry doesn t help. Recognize impasses. Agree to disagree and move on to more productive territory or others questions. Listen carefully. Repeat or paraphrase the question to clarify and ensure you understand it. Be clear. Avoid jargon. If you slip and include some, acknowledge it. Confirm understanding. People sometimes get things wrong because they don t understand your answer. Devise ways to make sure the questioner understands what you are saying, but don t patronize. Practice bridging. Learn to use a few simple bridging phrases that will help you work in your key messages and avoid getting trapped in a no-win conversation. Be brief. Don t ramble. Work in a key message or two but don t make, or repeat, a whole speech. Be honest. Don t give half-truths and don t guess. If you don t have the information, offer to get it. Answer what you can, but if you honestly can t, say so and explain why. Address erroneous editorial questions. Don t let go of questions that make an erroneous assumption or statement. Your silence is assent. Disagree with the question (politely) before you answer. Address either/or questions. If the questioner is saying either this will happen or that will (e.g., either you re going to damage the environment or you re going to take away jobs), don t feel you must accept one of these options. Say something like Well, that isn t the only way of looking at it, there are really several other options. Address false ground questions. Don t answer for the mistakes of other organizations. Say instead, I can t speak for but I can tell you about... and bridge to something you want to say. Watch out for set-up questions. Don t be so relieved about a positive comment that you fall into a trap. The first part of a set-up question seems benign, even flattering. These questions may ask you to admit to perfection, to pat yourself on the back. Be modest or cautious and bridge to a key message. Recognize multiple questions. Label the question(s) as such and don t get confused by it. Mentally pick the one question you want to answer and say There are really three questions there. Let me answer the one about X first. Do so, and then pass it back to the questioner and say, Now what were your other questions? Recognize hypothetical questions. You either don t need to answer this question or you can bridge to something you want to say, e.g., That s a hypothetical question. The company s regular practice/stated policy/history is... CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 67

78 Recognize vague questions. Don t be encouraged to babble because a question was vague. Sometimes the person doesn t know what to ask but feels he should ask something. Recognize accusatory questions. Do admit past mistakes, if the accusation is correct. Then explain your management practices, what you have done to rectify the mistake and ensure that it does not happen again. Don t repeat colour or emotional words. Don t repeat words that are offensive to you, even to deny them. For example, if you are asked, Isn t it true that your company blew up some trailers last summer, say No, that s definitely not true. We investigated and found that... Be aware of body language: Maintain eye contact. In our culture, we interpret eye contact is conveying sincerity, honesty and interest. Begin and complete thoughts with your eyes on your audience. Don t use the display for the sake of using it, or talk to the flipchart rather than the guest. Do touch or circle a point to call attention to it, or jot down a key point or a sketch. Don t smoke, chew gum or eat candies. Don t pace or fidget. Move around in a relaxed fashion. If necessary, get rid of keys and coins in your pockets before you start. Don t fold your hands over your chest or clasp your hands or clean your nails. Use your hands and arms to communicate ideas. Be varied, animated and appropriate in your facial expressions: let warmth, openness, helpfulness and eagerness show, or if it is a serious part, be serious. Let your personality shine through. Expect some nervousness. Some nervousness can be a good thing: it can help make you more alert. Backgrounder #13: On-Going Public Involvement 13 Public involvement needs to be applied consistently from planning through to approvals, construction, operations and reclamation. The following provides guidelines for on-going public involvement during exploration, drilling, operations, and decommissioning and abandonment. Exploration and Land If landowners and neighbours first impressions of your company and its plans will be from land agents, it will be important to ensure these representatives are fully aware of your company s commitment to constructive long-term relationships. Land agents need to communicate back to your company about concerns raised and they need to know you are prepared to consider a range of options (not just monetary compensation) for joint problem solving to find enduring resolutions. Exploration, contracting and purchasing staff need to demonstrate your company s commitment to being a desirable neighbour. Don t assume exploration activity does not require involving the public because exploration involves uncertainties about prospects for longer term activity. The behaviour of seismic crews and other staff and contractors reflect on your company (and the industry in general) for years to come. In some parts of the country (e.g., communities in the region of the Mackenzie Delta and Beaufort Sea), exploration can be the dominant phase of petroleum activity for years, leaving lasting impressions. Successful public involvement processes at early stages can help build trust and constructive relationships, benefiting future phases. 68 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

79 Drilling and Construction Drilling and construction may be activities that seem most disruptive to your company s neighbours. Although relatively short term, these activities may involve noise, traffic, dust and crews who may be more concerned with getting the job done than protecting long-term relationships with neighbours. Supervisors of this work need to follow through on commitments made during earlier discussions with the community, inform crews, and enforce these expectations (e.g., traffic routing, speed limits, local purchasing policies and behaviour on and off the site). Frequent communication with neighbours and community agencies can help avoid surprises and negative reactions. This can assist them to understand what is happening and aid them in adjusting their own plans and activities. Public involvement provides a feedback loop from the community during these busy times, providing your company with opportunities to address concerns before they escalate and damage relations in the long term. Operations Public involvement during operations may relate to: planning operational changes (e.g., installation of new technology, staffing changes, notification of flaring for maintenance requirements or annual turn-around, decommissioning a part of the operation); addressing changes in public expectations or regulations; addressing specific information requests, complaints or concerns; providing background information in the context of another company s or industry s proposals in the area (e.g., information on employment, road use, emissions or future plans); enhancing community benefits and opportunities related to changing or on-going operational requirements (e.g., summer student hiring, briefing local businesses and suppliers about supply needs being served from outside the region, using surplus used piping for parking lot fencing at the community centre); and, supporting community initiatives (e.g., participating in neighbourhood watch, providing career information or work experience for students, providing information for community economic development strategies, providing skills and expertise for a community facility). Operations personnel need to: appreciate and follow through on understandings reached and commitments made during earlier exploration, drilling, planning and construction phases; get to know people in the community; update records regularly of who s who in their region; continue periodic contacts with neighbours and formal/informal leaders; and, ensure transferring or retiring personnel introduce incoming staff to the community, its sensitivities, expectations and commitments made. Watch out for mixed messages. For example, entry signs at facilities that warn about safety and trespass also should welcome and direct visitors to the appropriate contact location. Decommissioning, Reclamation and Abandonment When your company plans the decommissioning of a facility or closure of an office, think ahead about what publics this might affect and how. Neighbours, local governments and local contractors need sufficient advance warning and information to adjust their own plans in order to soften the CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 69

80 effects of your company s changes on the community (e.g., spending, taxes, employment, related changes to population, and use of infrastructure and services). Your closure or decommissioning can be planned in ways that support community needs (e.g., use of surplus materials, site reclamation, reuse of infrastructure suited to attracting other industry, phased relocation of staff, and phased sale of housing). Local input can help you plan your closure or decommissioning in ways that maintain a good relationship, even as you are preparing to say goodbye. After your company has reclaimed and officially abandoned a site and left the area, it is a good idea to stay in touch with people in the region. You may want to go back into that area again, or you may want to be able to supply community members in a new area of activity with references from your company s past. Backgrounder #14: Public Involvement Spectrum When developing your public involvement plan, it is important to determine the appropriate level of public involvement. You need to be clear about how much influence (and over what aspects of decision-making) you are prepared to share. When your company has clarified internally the level of desired involvement, these expectations needs to be shared with interested and affected publics. Communicating this at the outset avoids later frustrations. It also provides your company with early public feedback that is incorporated into project planning. The choice of public involvement level will affect your timing, planning and resourcing and the benefits you can expect to achieve from your public involvement activities. For example, if you were constructing a new pipeline route, your public involvement approach at each level might be similar to the following: 14 Inform: This is a map of our proposed pipeline route. If you have any comments, please contact us. Consult: We propose building a pipeline between these two points. Here are some of the factors we need to consider in finalizing a route. Are there any other factors you want considered? We will do our best to incorporate your feedback into the route decision and advise how you made a difference. Involve: We propose building a pipeline between these two points. In this workshop we will work together to examine the issues, options and solutions. The decision-making will be shared by both company and community representatives. Collaborate: As you know from our previous communications, we have been looking at building a pipeline between these two points. That is one of the reasons we have helped establish this synergy group towards developing an area land use plan. We would like to achieve consensus in determining the best route for the pipeline; let s work on how that might be accomplished. Empower: As you know from the long-term plans shared with you over the last several years, we have been looking at building a pipeline between these two points. Because of our longstanding relationship we trust you to identify a workable pipeline corridor as part of your community s land use planning process. We will abide by whatever decision you make. 70 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

81 Increase level of public involvement Inform Consult Involve Collaborate Empower Goal: Goal: Goal: Goal: Goal: To provide your publics To obtain public feedback To work directly with your To partner with the To place final decisionwith balanced and objective on analysis, alternatives publics throughout the public in each aspect of making in the hands information to assist them and/or decisions. process to ensure that the decision including of the public in understanding the public issues and concerns the development of problems, alternatives are consistently under- alternatives and the and/or solutions. stood and considered. the identification of the preferred solution. Promise to the public: Promise to the public: Promise to the public: Promise to the public: Promise to the public: We will keep you We will keep you We will work with you We will look to you We will implement what informed, acknowledge informed, listen to and to ensure that your concerns for direct advice and you decide. concerns and provide acknowledge concerns and issues are directly innovation in formulating feedback on how and feedback on how reflected in the alternatives solutions and incorporate public input influenced public input influenced developed and provide your advice and the decision. the decision. feedback on how public recommendations in the input influenced the decision. decisions to the maximum extent possible. Tools to help achieve goal: Tools to help achieve goal: Tools to help achieve goal: Tools to help achieve goal: Tools to help achieve goal: Fact sheets Public comment Workshops Multi-stakeholder Citizen juries Landowner bulletins Focus groups Deliberative polling processes Ballots Web site Surveys (e.g. synergy groups) Delegated decisions Open houses Public meetings Consensus-building Participatory decisionmaking The above is an adaptation of the IAP2 spectrum. Determining the Scale, Sensitivity and Nature of Publics These following examples show how different project factors influence public involvement. Scale The scale of your company s proposed activity is a major factor. Example: A proposal to build a major oil sands project could be of interest to national environmental groups and will directly affect communities within commuting distance to the project as well as farmers, native communities, trappers, businesses and people using the area s recreational facilities. It could also be within the mandates of local, regional, provincial and federal government agencies. Within these various groups there likely exists a host of publics interested in how the project will be developed. For a project of this scale, a public involvement program would require a lot of preparation and planning before the company could even begin initial activities. Example: A small-scale project or activity might include drilling a well, building a small compressor station, cleaning up a small spill near an operating facility, or decommissioning a battery or a small pipeline. In these cases, preliminary planning might rely on previous experience to determine the extent of public interest and the sensitivity of the issues. The decision could be as simple as identifying landowners and residents near the project site, finding the municipal administrator s telephone number and contacting the regional office of the appropriate regulatory authority. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 71

82 Sensitivity The preliminary plan must reflect the sensitivity of the company activity. What kinds of questions, concerns and issues might your company s activity raise? Example: Constructing a sweet gas or oil pipeline, or siting sweet gas or oil wells is usually a less sensitive issue than constructing a sour gas line or well, depending on the geographic location. Nature of Publics Concerns The public involvement plan must reflect the nature of the publics who may have an interest in your activity. Example: Even a small-scale project can require a lot of public involvement effort if the project is in or very near a residential area. Drilling rigs probably were not what the town fathers had in mind when they spoke of urban development. Your activity is likely to be of interest to many individuals and groups, even if your facility pre-existed residential development around it. In contrast, in a remote area people may be accustomed to travelling long distances and may perceive a location one hundred kilometres away to be in their area. In one experience related to construction of a small gas facility, a surprise public was a fellow from a fire lookout tower a considerable distance away. He needed to know about sources of dust and smoke within his horizons. Backgrounder #15: Community Involvement Community involvement activities are an evolving component of public involvement. A program that incorporates collaboration with the community, local workforce and business development opportunities, education, training, and community investment meets the growing business case for corporate social responsibility. There are numerous reasons to engage in community involvement activities: to earn a local license to operate; to promote sustainable economic growth; to create strategic advantage; and, to address specific business issues and needs. Engagement with communities goes far beyond consultation and dialogue; it is not just an add-on to doing business. Environmental protection, education, skills building, and the health and welfare of people in the community are important components. Strategically plan your community involvement programs by: defining objectives; understanding the expectations of communities and other stakeholders; forming internal partnerships to promote community involvement across business units; and, including community involvement in the company s mission GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

83 One of the key components when developing business practices is linking your core business activities with community involvement activities. This involves integrating communities concerns into the project decision-making process. This is done by: Maximizing local employment: See also Backgrounder #14: Public Involvement Spectrum, page 70. hire locally; get involved in helping community members become trained in skilled employment including: apprenticeship programs, certification programs; university scholarships; training partnerships. This may involve partnering with local government for training programs; train local employees with skills for new responsibilities within the company or provide general livelihood skills; Local subcontracting: source your products and services locally through subcontracts with local companies; promote local contracting and/or build the skills and capabilities of local businesses to maximize local impact. Tips to promote local employment and subcontracting: If possible, allow local businesses adequate preparation time. Break contracts into smaller pieces to encourage greater local competition. Shape contract to make it compatible with the capabilities of local businesses. Offer technical assistance and training to local contractors. Encourage outside contractors to partner with local businesses when awarding contracts. Assist potential contractors in acquiring credit. Help local businesses write their company profiles. Provide guidance and direct local business owners to sources of management and administrative support services. Maximizing community benefits from infrastructure development: include local communities in early planning to maximize the benefits they gain from your company s infrastructure development (e.g., road building or water supply). involve employees in community development programs so community members benefit from one of your company s greatest resources your employees. Employees often have skills that could be of great service to community members and promote positive relations. though companies acknowledge that they have a role to play in community development, many have limited experience in dealing with community and social issues. Effective community involvement involves making commitments that may include: getting strong commitment from the CEO and senior management to take on a positive supportive role; hiring staff with the relevant experience in community involvement; building awareness of community involvement issues and needs with employees and managers; hiring local staff with knowledge of community issues; CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 73

84 utilizing core competencies of the business, including products, political and business contacts, employee skills, training, financial management, human resources, and other resources in support of community involvement; assuming responsibility and accountability for the community involvement programs and strategies adopted; and, identifying incentives/operational practices that promote and encourage community involvement. Information for this Backgrounder was provided in part from Investing in People: Sustaining Communities through Improved Business Practice A Community Development Resource Guide for Companies International Finance Corporation (member of World Bank Group). Backgrounder #16: Dealing with the Media 16 As part of your project, you may need to deal with the media to discuss issues that arise. As a project manager and potential spokesperson, it is important for you to understand how to deal effectively with the media so that the public and those potentially affected by your project, receive clear, honest and consistent messages. If you don t deal with the media on a regular basis, the prospect of conducting interviews may seem daunting. All too often a media spokesperson is ill-prepared to meet the media. In most circumstances however, it s just a matter of knowing how to deal with the media. This backgrounder will help you understand the do s and don ts of media relations if you are the media spokesperson for your project. Different Types of News News can be organized into three categories: Hard News is the story or the event that precipitates coverage by the media. It is also known as a breaking news story. Editorials are positions on the story. These are usually developed by the editorial staff of a publication or broadcast outlet. There is also an OpEd opinion editorial where authorities on a particular issue can express their opinion. Features discuss the why of an event. This includes reporting about the issues of an event, story or trend. Sources of Information Journalists receive information from a variety of sources including: government; industry associations; relevant experts; corporations; public affairs/communications specialists; citizens coalitions; or, public records or documents. In some cases, one of the above sources will provide information to the media and in other cases, the media will contact sources to get information. 74 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

85 Interviews Interviews are the most common and reliable method used by the media to obtain first hand information. There are different interviewing methods including: on the phone, on camera, or on the radio. Sometimes media may also visit you unexpectedly for an interview. If you are approached to do an interview about your project, keep the following tips in mind: If you re organization has a communications or public affairs department, contact them as soon as you are approached by the media. This department may have appointed company spokespersons who could do the interview or they may have key messages for you to refer to about your project. When in doubt about a media request, always consult Communications or Public Affairs prior to conducting an interview. When approached by the media, you don t have to answer their questions on the spot. Find out what the interviewer is looking for. Ask what their deadline is, and then request politely some time to get your information together. Decide if you want to do the interview. In some instances, it is best not to respond at all, especially if you do not have the facts or background to contribute so that the story is balanced. Before you meet with the media, know what you are going to say. Focus on three to four key messages that sum up the essence of what you want to say. The media has tight deadlines. Respect those deadlines. While doing the interview, be yourself. Respond to the questions as naturally and confidently as possible. Do s and Don ts Checklist Do Gather all the facts and educate reporters about your project and organization. Be honest about the good and the bad. Prepare for the interview with key messages. Stop speaking when you have made your point. Don t Get de-railed move the discussion back on track if the reporter departs from the agreed subject or facts. Get defensive. Maintain a good working relationship. Speak in technical jargon. Expect that things are off the record. Nothing is confidential. Let the media pressure you to respond further. Say what you want to say and stop. Set the record straight if the interviewer makes incorrect statements. Respond with, I am not sure, but I would be happy to gather the facts and get back to you if you are not sure what the answer is as soon as they ask. Let the incorrect comment go unnoticed as it may be detrimental. Call the editor or the reporter to clear it up. Say no comment that response makes it look like you are hiding something. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 75

86 Media Opportunities during Public Involvement As your complete your public involvement program as part of your project, these are the possible situations where you may be required to deal with the media: during the licensing application phase; townhall meetings; open houses; regulatory hearings; or, emergency response incidents (refer to the EUB s Guide 71 for more information on the importance of media relations). 76 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

87 CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS SECTION 6 TOOLBOX

88 Section 6 TOOLBOX Matrix for Action Planning with Internal Team Members Matrix for Documenting Key Publics Levels of Concern by Issue Matrix for Decision-Making Matrix for Targeting Techniques and Communication Mechanisms to Key Publics Documentation Sample Contract Log Form Sample Contact Log Form Tools for Communicating Effectively GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

89 SECTION 6 TOOLBOX Sample Documentation Matrices The toolbox provides sample forms that will be useful for your public involvement planning activities. These forms include: Matrix for Action Planning with Internal Team Members Matrix for Documenting Key Publics Levels of Concern by Issue Matrix for Decision-Making Matrix for Targeting Techniques and Communication Mechanisms to Key Publics and Documentation Sample Contact Log Form Matrix for Action Planning with Internal Team Members Effective public involvement planning often requires integrated efforts by a team representing various internal publics and areas of expertise such as field staff, head office personnel, technical specialists and consultants. The action-planning matrix is a tool to document actions, monitor progress and follow up activities and commitments. Adapt this matrix to suit your needs to clarify what is required, why, when and who will assume what roles in achieving the objectives. WHY WHAT WHEN WHO HOW Objective Actions Date Due R - Responsibility Resources O - Oks/Approves A - Advise/Inform D - Documents S - Supports/Helps Source: P.M. Ruby Consulting Inc. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 77

90 Matrix for Documenting Key Publics Levels of Concern by Issue Anticipating issues and likely levels of public concern about these issues assists your preliminary planning for public involvement (see Step 1, page 13). The following issues matrix can be used to document these and other concerns arising during initial contacts (Step 2, page 17) and help you focus your detailed plan (Step 3, page 20). Adapt this matrix to meet your needs, use it to focus your time and resources during implementation of your program (Step 4, page 20), and refer to it during monitoring and evaluation (Step 5, page 22). This will help to ensure that, in the course of your program, you have not overlooked issues of public concern. The issues are likely to evolve and change throughout the public involvement process, remember to be flexible. Estimated Levels of Publics with High Publics with Moderate Publics with Low Concern by Issue Concerns Concerns Concerns Issue 1 Issue 2 Issue 3 Issue 4 Issue 5 Source: P.M. Ruby Consulting Inc. 78 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

91 Matrix for Decision-Making For public involvement to be effective, it must be meaningful and linked to project planning and decision-making. The public input matrix is a useful tool for ensuring the link between public involvement and project activities is always at the forefront. It can be used to document project decisions and determine whether public involvement is required, when and who needs to be involved. Adapt this matrix to meet your needs and ensure your public involvement activities are linked to decision points in your planning. Decisions Dates Dates Involvement Activities Who Source: P.M. Ruby Consulting Inc. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 79

92 Matrix for Targeting Techniques and Communication Mechanisms to Key Publics When you plan and monitor your public involvement program, you need to: check that your public involvement activities do not miss key publics; target communication tools to the public s information needs (and your company s); and, assign responsibilities among members of your planning team. Publics/Tools Gov t. Officials (project) Gov t. Officials (non-project) Key Ministers and Staff Local MPs and MLAs Other MPs and MLAs Local Gov ts Letters Brochures/Fact Sheets Newsletters Technical Papers Briefs/ Submissions Meetings: One-on-One Meetings: Small Group Meetings: Large Group Speeches News Conferences News Releases Ads: Print Ads: Electronic A/V Show & Tell Displays & Models Store Front Offices Advisory Committees Task Forces Hotlines / websites Phones Surveys/ Questionnaires Public Meetings/ Open Houses Key to Content: General to Technical (1 to 10) Key to Priorities: 80 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

93 The communication matrix is an ideal tool for capturing this information in one place. This matrix reflects key publics and communication techniques that might be used in a relatively high profile, complex program. Adapt it for your use. Complete each applicable cell with the key to content level, priority level and responsibility assignment. Local Interest Groups Prov. Interest Groups Neighbours/ Communities Local Businesses Native Groups General Public Schools Staff Media Low to High (1 to 10) Key to Responsibilities: Name Name Name Blue Red Green Source: P.M. Ruby Consulting Inc. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 81

94 Documentation Sample Contact Log Form The following tool for tracking contacts and commitments has been provided by Petro-Canada as an example of a tool that can be used for documentation. This form can be modified accordingly so that it suits your project needs. Petro-Canada Oil Sands Stakeholder Contact Log Form Procedure to Complete The Stakeholder Contact Log is the primary source of stakeholder information. For each contact between Petro-Canada, alliance staff and/or major contractors, and a member of a stakeholder group, a summary of the discussion (including purpose, issues discussed, actions items) is captured in the Contact Log Form. It is expected that key points of contact are captured with this form. The Contact Log provides an historical account of stakeholder relationships. They are also valuable in identifying stakeholder areas of concern, in assessing their potential interest in an issue, and in documenting commitments made to various stakeholders. Please fill in one form for each interaction with a stakeholder. Please write legibly (especially when spelling someone else s name). Stakeholder Specify the name of the stakeholder and the person(s) representing them (e.g. Stakeholder is Fort McMurray Chamber of Commerce). Communication Vehicle Please check one. Issue Identify all issues by checking all that apply. If none apply, please specify the issue of the stakeholder interaction in the space provided as Others? Issue Specific Discussion Please provide appropriate details related to the discussions held. Actions Required / Follow-up Any actions or follow-up committed to the stakeholder out of the interaction. Please be specific as to the nature of the commitment, who needs to do the follow-up/action and by when. If it has already been completed, please indicate so. Additional Comments Use this to capture any additional comments regarding your discussions or to provide suggestions to improve this process. Send completed forms to at: Petro-Canada Centre, 8th Floor, # th Ave SW Calgary, AB T3C 0E9 Or electronic versions to: 82 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

95 Sample Contact Log Form Oil Sands Stakeholder Contact Log Project: In Situ ( MRP Lewis Meadow Creek) Infrastructure Refinery Conversion Date (Y/M/D): Your Name: Other PC Members in Attendance: Stakeholder Group (s): Represented by: Represented by: Represented by: Represented by: Communication Vehicle (please check one): Community Function Hearing Open House Presentation Workshop Consultation Letter Orientation Public Meeting Commercial Donation Meeting Phone Conference Tour Other Issue Specific Discussion: Issue(s) discussed (check all that apply) Aboriginal infrastructure total loss management air land management waste capacity building overall project water cumulative impact Petro-Canada policy other economics political other ecosystem management project design other emergency response reclamation other formal agreements regional initiatives other health/wellness regulatory approval other Discussion: Petro-Canada CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 83

96 Actions Required/Follow-Up: # Date (Y/M/D) Actions Required / Follow-up Additional Comments: Return to OR or fax GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

97 Tools for Communicating Effectively There are a variety of options available for communicating with the public. The following lists some of the popular methods that are used. These are in addition to the descriptions found in other backgrounders for meetings, open houses, and advisory groups. Audio-Visual Presentations Audio-visual presentations involve the use of such media as slides, films, videos and models. These are useful tools for consistent communication of project information, especially when a large audience is expected. Make sure the audience can see and hear. An audio-visual presentation is a one-way information delivery technique that is best used to complement other public involvement approaches. When using these media, offer a question and answer period afterwards to give the public an opportunity to provide feedback and engage in dialogue. Brochures, Information Bulletins and Fact Sheets Brochures, information bulletins and fact sheets are one-way information delivery tools for informing the public. Brochures and information bulletins usually offer brief descriptions of the project, the issues involved, the proposed measures for dealing with impacts and project opportunities, and a summary of opportunities through which the public can participate in the public involvement process. Fact sheets generally summarize factual information about specific components of the activity or project. Brochures, bulletins and fact sheets can be used at any time to describe the plans, status and issues related to your activities. It is often useful to have these information materials reviewed by an advisory committee. Another tool, cumulative brochures, can be used to keep a visible record of a series of meetings (e.g., workshops or advisory committee meetings). At the beginning of the process, initial issues and alternatives are presented. Then, in a series of public involvement sessions, new issues and alternatives are added. The brochure is then published and reactions are obtained. These comments become part of a new brochure. With each round of public involvement, the brochure grows and changes. The final document provides a visible record of the entire process. Community Technical Assistance The public can feel intimidated when companies present their points of view through technical studies. Companies can reduce these feelings by providing the opportunity for independent technical consultants to help community groups analyze issues, develop their own alternatives and evaluate the impacts of various project alternatives. In highly controversial situations, studies and reports generated by independent technical consultants may be more readily accepted than those generated by a company s staff or consultants. Selection of independent consultants by the community helps to ensure their acceptance. Computer-Based Techniques Computers can be used to deliver information (e.g., through , web pages and software) and demonstrate the impacts of different decisions on an outcome (e.g., through simulations). Game simulation is a computer-based technique designed to allow people to simulate the effects of making different policy choices or implementing different project alternatives. In the process of simulation, participants learn more about the interrelated nature of the impacts of decisions on the environment, social and economic systems. Simulation provides an opportunity for publics to test their options and CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 85

98 see the consequences and the reactions of other groups. The closer the game resembles reality the more lengthy and complex it usually becomes. This method is useful as a tool to inform people of the consequences of different choices, but typically it does not provide opportunities for public input into project development. It should therefore be used in conjunction with other public involvement techniques. Electronic mail and web pages on the Internet are being used by increasing numbers of people. Through these tools, a company or facility can communicate with local residents and other interested and affected publics. However, recognize that Internet communications do not reach everyone. Displays at Local Events Create awareness of a project or operation and of your public involvement activities by having displays at local events such as trade fairs, farmers markets, rodeos, agricultural fairs, school career days and open houses. These events can also provide opportunities to solicit questions, comments, suggestions or concerns about your company s activities. Hiring Local People Hiring local people involves the direct employment of local citizens by a company. This can bring the community s values and interests directly into your corporate development decisions, and provide some local economic benefit from your activities. The local persons hired may reflect some of the dominant values and interests of the community. They may be able to identify, for your company planners, the relevant players and organizations in the area, the past history of the community involvement with industry, and the potential community response to other forms of public involvement. However, it is important to recognize that local employees cannot actually represent the community, as they have neither been given a mandate nor been elected by the community to do so. You could, for example, hire a community coordinator or facilitator, an individual assigned responsibility for involving publics in the planning process. He/she would invite interested individuals and groups to participate in the involvement process, conduct meetings and coordinate workshops in which interested parties can interact. The coordinator would act as a link between company officials and the public. Members of the public would look to the coordinator to acquaint them with relevant information and opportunities to be involved in the planning processes. The effectiveness of this technique relies heavily on the capability and integrity of the coordinator and her relationships and reputation in the community. Other opportunities for hiring locals and purchasing from local suppliers should also be identified and pursued. Local benefits can help balance local concerns or negative impacts. However, it is difficult for communities to believe there will be local benefits accruing from a project if no attempt is made to maximize benefits during the planning stages. Hotlines (1-800-Number) A hotline is a direct telephone line into your company that is used exclusively to receive input from the public on your project. The number, which is often toll-free and paid for by your company, can be published in brochures, bulletins, fact sheets, reports and advertisements, and on your web page. Citizens can call to ask questions, lodge complaints or make comments about various issues. Hotlines are staffed by individuals who take responsibility for finding answers to questions and for relaying comments or complaints to appropriate company personnel. Comments received over a hotline can be incorporated as a part of a record of public meetings or hearings. The communication skills of hotline operators are important. 86 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

99 Interviews and Questionnaires Interviews and questionnaires are commonly used to gather factual information about people or places, or to record indicators of knowledge, attitudes, beliefs, feelings, motivations, anticipations, future plans, or recollections of past behaviour. Often, a small sampling of the larger study group is used to obtain a representative range of the group s views. In a questionnaire, the information obtained is limited to written responses to pre-arranged questions. In an interview, there is an opportunity for greater care in communicating questions and in eliciting information because the interviewer and interviewee are both present. Questionnaires are always structured whereas interviews may be structured or unstructured. There are specialized skills involved in effective questionnaire development, interviewing and analysis of resulting data. As a result, someone with training and experience should be involved to ensure useful results. Newsletters Newsletters are similar to information bulletins. They are periodic reports to the public used to maintain a continuing interest in a project or operation. As well, newsletters can document the progress of the project or operation in a highly visible manner. Newsletters are particularly important during technical phases of a project. It is at these times the public is less likely to be involved but should be kept informed. Ideally, newsletters should be jointly planned and developed by industry, community and government groups working in an area or around an issue. News Releases and Press Conferences News releases are commonly used for informing the press of newsworthy stories. Usually no longer than two pages in length, a news release can be written as an announcement, a story or a fact sheet highlighting a particular issue, event, plan, or result. It can include official statements from your company backed by facts, figures and contacts for further information. Releases should be sent out well in advance of the day you want them to run. You may also consider holding a press conference to review the information in the release and give reporters a chance to ask questions. News releases and press conferences must offer the media something that will interest their readers or viewers. Too many media releases or those that are not newsworthy can undermine a company s credibility. Site Visits Site visits and tours provide information and first-hand experience for community members by bringing them into your facility or operations area. Well organized site visits also serve to help visitors feel more at home with your operation and more willing to discuss and take part in involvement processes. Small Group Discussions Small group discussions are often used in large group meetings to ensure topics can be effectively addressed. Breaking a large group into smaller discussion groups can facilitate discussion and resolution by dividing topics among groups and reducing the number of people involved in each topic. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 87

100 This is a technique often used where a large group is faced with many topics and too little time to adequately address them. Rather than tabling topics to later meetings, several small groups are formed to use the meeting time more efficiently. Each small group focuses on one topic and then reports back to the larger group at the end of the meeting. Before the small groups break off to discuss their chosen topics, it s typical for the facilitator to make a short presentation describing the technical background of the project and the issues to be addressed in the small groups. It s also helpful to give the small groups a common approach to follow in discussing their topics so they can contribute their results in a similar format at the end. The small group discussions can take one or more hours, depending on how much time is available. The subsequent reports from each discussion group of their opinions and findings may take another hour and should include time for questions and clarifications from the rest of the group. Small groups are best kept to under a dozen participants (preferably no more than eight) to encourage participation of everyone and to discourage separate discussions on the side. Storefront Offices Storefront offices are occasionally established in communities where a project or activity has the potential for significant impact. Typically, an office is placed in a highly visible part of the community. It is staffed by people able to answer questions and solicit opinions from the local community. It is designed to encourage informal interaction with the community through exhibits, charts, maps, models, brochures and other materials on display. Other activities such as workshops or seminars may be held in the office to reinforce this location as a focal point for public involvement in the planning process. Technical Information Technical or scientific information can be used to help the public better understand your project. However, it must be relevant, used in the context of the issue at hand, and understandable to the public. Technical information can supplement other public involvement efforts and contribute to educating participants about the technical elements that must be considered in project planning and decision-making. Don t assume your public will have the technical background necessary to understand your information without explanation. Find out what they know and present your technical information in that context. Training Programs Training programs are usually held to improve public understanding of how projects are conducted. They are generally designed to inform participants about technical information necessary to understand the project, or to improve communication between the public and company personnel. Training programs can focus on planning and decision-making processes, environmental or socioeconomic impact assessments, and workshop leadership. The objective of such programs is to ensure the public has sufficient background to participate effectively in the public involvement process and work with professionals without intimidation. Workshops and Seminars Workshops and seminars are usually held for smaller audiences and differ from focused group discussions in that they generally have a specific task or goal to be accomplished. Typically, these tasks include defining alternative actions for a project, evaluating a set of alternatives or identifying the impacts of the alternatives. 88 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

101 SECTION 7 CASE STUDIES CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS

102 Section 7 Case Studies Nexen Canada Ltd. Undoing the Past, Reclaiming a Contaminated Site within an Urban Residential Neighbourhood Shell Canada Sundre Petroleum Operators Group An Evolution in Public Involvement Husky Energy White Rose Project Shell Canada Ferrier Project, Hindsight Provides Valuable Lessons Panther Advisory Group Multi-Stakeholder Forum Adds Value to Project Planning ConocoPhillips Algood Pipeline ConocoPhillips Surmont Oil Sands Project GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

103 SECTION 7 CASE STUDIES Presented in this section are descriptions of public involvement programs and their results as experienced by several members of the oil and gas industry. Specifically, the following case studies are described: Nexen Canada Ltd. Undoing the Past Shell Canada Sundre Petroleum Operators Group Husky Energy White Rose Project Shell Canada Ferrier Project Shell Canada Panther Advisory Group ConocoPhillips Algood Pipeline ConocoPhillips Surmont Oil Sands Project Nexen Canada Ltd. Undoing the Past Reclaiming a Contaminated Site within an Urban Residential Neighbourhood Undoing the past and reclaiming a contaminated site within an established and densely populated urban centre was the challenge Nexen faced when it learned that a sour gas well, drilled by a predecessor some 40 years earlier, had not been properly cleaned up. Late in 2000 during a routine check of petroleum well site abandonment certificates, Alberta Environment identified that a reclamation certificate for the former Jefferson Lake well site was not on file. Nexen began an exhaustive search of historical information and photographs involving past and present employees, both provincial and municipal regulators, the regional health authority, area developers, and the area community association. The only information found was that of the original technical specifications for the well. What was suspected was that the drilling mud used for the well had been diesel-fuel based. Indeed, records confirmed that nearly 45,000 litres of diesel fuel had been used in the drilling mud for this well. Engaging our core values in meaningful and transparent consultation, and involving the affected community, Nexen set out to Do the Right Thing. We went to the community and explained that there was a well site formerly located in the area, and that information regarding the reclamation and clean up of two elements of the well site the sump and flare pit was largely unknown. With the community s cooperation we undertook an extensive sampling program in April and May This revealed that petroleum hydrocarbon contaminants were still present in the sub-surface soil. While the contaminated soil was located nearly two metres beneath the surface and posed no immediate health risks, we knew that it had to be removed. We began by meeting with affected residents and stakeholders and involving them in the decision-making process for the clean up. We provided options for remediation and then listened to their concerns and suggestions. Following months of dialogue, consultation and detailed engineering, Nexen developed a management plan with the residents, the regional health authority, regulators and municipal leaders to remove the contamination. Many details had to be considered including legal documentation to provide limitation of liability and protection of property values. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 89

104 The project consisted of two phases remediation of the flare pit in 2001, followed by the sump area in Phase one was completed during the summer of 2001 over a two-week period. The flare pit, while located in an adjacent schoolyard, provided an excellent opportunity for Nexen to demonstrate its commitment and ability to complete a complex remediation in the time promised. The sump remediation was to pose a much greater challenge given its proximity to dwellings and underground utilities. So much so that the residents of 20 homes had to be relocated for the duration of the phase two excavation. The excavation and removal of contaminated soils was completed in just 21 days. One of the more interesting and technical challenges with this project was removing contaminated materials from three and a half metres below the ground surface and underneath buildings in a confined residential area. This project allowed us the opportunity to highlight our core values and those of Responsible Care, deliver on commitments made, and to forge a strong relationship with regulators and the community in which we operate. Of particular note is that this remediation process and the removal of nearly 10,000 metric tonnes of contaminated material was completed without any media attention and was successful in maintaining open and trusting relationships with the residents and regulators. A year later, as we continue to assess ground water conditions through monitoring wells established early in the process, Nexen remains committed to consulting and informing the community of our ongoing efforts to secure a reclamation certificate from Alberta Environment. Additional aesthetic and warranty work was completed in 2003 to correct minor drainage and ground settling issues. As the need for public consultation and community engagement continues to grow, we need to look back on this experience with the view to identifying some of the lessons learned, the challenges presented and the rewards received that made this project a success for Nexen and the community. Lessons Learned While it is important to ensure that a legal framework is in place to protect the interests of those affected, we found that bringing the legal component in too early during our process challenged the personal relationships and trust that had developed over time with the community as we now had lawyers talking to lawyers who were not intimate with the details, concerns and personalities of those involved. Staying connected and personally involved is critical to the process. Work the details at the kitchen table and then have the legal documentation prepared. Commitment and follow through are strengths that cannot be underestimated. The community wants (even demands) to know about your track record, your commitment to social responsibility and your corporate ethic. Attention to detail makes a huge difference and going beyond what s required can be the difference wthat makes or breaks a project. Looking after individual needs, being accessible and assisting with information about the project helps to relieve some of the stresses and confusion that can exist with a major project. A consistent face, empathetic attitude, and regular contact with the community were a winning combination for this project. Another important aspect is to ensure that the fence-line communities, those not directly affected, are kept informed and involved, as they too can be your advocate or your opponent. We discovered that by not bringing them in early enough we nearly created an opponent that could have stalled the project. 90 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

105 Shell Canada Sundre Petroleum Operators Group An Evolution in Public Involvement 1992 On-Going The Sundre Petroleum Operators Group (SPOG) is a successful public involvement committee in central Alberta. It has been successful because of a combination of people, events, false starts and tenacity. It is useful to the public and industry to study this success but not to try to form carbon copies of it. Each situation is unique with unique personalities and problems. The SPOG model can be held up as a framework to follow, but each community will have to embrace the process and make it their own. It is however, a shining example that better understanding and a positive relationship are possible. SPOG Geographical Area The geographical area of concern to SPOG is located in central Alberta in the Caroline/Sundre area. It has clearly defined borders marked by recognizable roads. It includes within its boundaries the urban centres of Caroline and Sundre, and the Counties of Clearwater and Mountainview. It also includes many rural communities, several grazing leases, summer camps, campgrounds, subdivisions and approximately 6000 households. History of SPOG SPOG originally was created at the request of the public in 1992 following the approval to construct the Shell Caroline facility during the creation of the Emergency Response Plan. The public was very clear during the Caroline hearing that a better system was required to make emergency complaints because of the number of operators in the area and the time that could be lost in an emergency situation in trying to determine who was responsible. As a result a number was established and a calldown system was developed. The system works very well and continues to be effective fielding about 100 calls per year. Companies in the area saw possibilities for maximizing opportunities through co-operation in other areas and the Sundre Petroleum Operators Group was formed including Mutual Aid, Environment and Community Affairs Working Groups, and a dozen companies as members. The Mutual Aid group s mandate was to oversee the number and other areas of synergy in emergency response. The Environment Working Group was responsible to look at areas of public impact, new technology and oversees the funding for the Caroline Livestock Study. The Community Affairs Group worked on promoting communication between the community and industry however, they did not have a method for feedback and input from the community. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 91

106 Making a Step Change SPOG operated in that format for five years, but it became apparent that there were problems. The community in the Sundre/Caroline area was unhappy with the industry and this became very evident in Shell Canada Limited had applied to increase plant throughput by 25%. Shell and the EUB thought the application was straightforward - plant capacity already existed, sulphur recovery efficiency was excellent; plant stability had improved greatly, flaring had been significantly reduced. But the community objected and a pre-hearing was called. The community turned out in large numbers to the pre-hearing and expressed their concerns about noise, flaring, livestock and human health, increase in emissions, and lack of communication. They brought forward issues and emotions from 40 years of oil and gas operations in the area. Forty years of drilling, pipeline construction, flaring, broken promises, fears, odours, etc. The EUB, in an unprecedented move mandated that all issues outside the scope of the throughput increase would be addressed in an interrogatory process. The interrogatory process involved the Board retaining the expertise of a communication expert to interview residents and compile their concerns into a report. The report was then given to Shell Canada Limited, other companies mentioned in the report and SPOG for response. When reviewing the interrogatory report a reoccurring theme was lack of communication. Until this point there had been many community committees in the area working on specific projects or programs. However, general communication was predominantly left to individual companies to decide what would or wouldn t be effective. In response to the interrogatory report, SPOG invited all sectors of the community to a communication workshop. It was decided at the workshop that community people, representing geographical areas within the SPOG boundaries be appointed to the SPOG Community Affairs Working Group. Thirteen community representatives soon became Associate members of SPOG. Communication What Did We Change? As with anything in life we cannot get to where we are going if we don t know where that is. The first order of business of the reformatted SPOG Community Affairs Working Group was to define the perfect future that the community and the industry wanted to create together and put that down as a concrete vision. SPOG Vision The vision is a long-term relationship based on mutual trust, honesty and respect, by way of sharing pertinent information and resolving issues to benefit all stakeholders. It was created by the group and continues to be the North Star upon which SPOG sets its compass. Every action, every interchange is in alignment with this vision. They are not hollow words, but the way business is done. An example of a crisis in SPOG would be anything that hurts the long-term relationship. A company can do all the SPOG-like things such as reducing flaring, etc., but if they don t work on the long-term relationship they are missing the point. 92 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

107 A powerful vision can only be attained with concrete goals. SPOG put in place eight goals to achieve the vision: 1) Show people some positive outcome of SPOG s actions. This was accomplished by inviting representatives from 13 geographic areas within SPOG to join SPOG as Associate Members. The EUB is also an Associate Member of SPOG. Their presence at the table is important as it adds balance and credibility. In addition, all petroleum industry members working in the area were encouraged to join SPOG. Industry membership rose from 13 to 30. 2) To have a better rapport between industry and community. The SPOG community affairs publication, a quarterly newsletter, was created and christened IMPACT Industry, Municipal, Public Action on Communication and Trust. IMPACT is circulated quarterly to the 6,000 households in the SPOG area and carries information on new technology, win/win situations between the community and industry and updates on industry activity. 3) Communication Training. Industry and community members alike participated in the Stephen Covey Seven Habits of Highly Effective People training which supplied skills for working together, common communication language and a shared experience. SPOG has also participated in SMART SKILLS training and other workshops around communication. 4) Facilitation. To keep the habits fresh and to ensure that we continue to work with our vision in mind, each meeting of the SPOG Community Affairs Working Group is facilitated by a professional facilitator. 5) Outreach. SPOG reaches out to other groups in the community to support activities. Some of these groups are represented on SPOG, such as the town councils, and some aren t. A large community outreach is held every fall. The second Wednesday of September sees the Neighbours Day with an attendance of over 1,000 people. It has included an oil spill demonstration, a new technology trade fair, environment seminars, industry displays, and fun activities for the whole family. SPOG s Neighbours Day 1999 saw the Honourable Premier Klein attend as an affirmation of the work the community and industry are doing. Through these annual Neighbours Days, SPOG is able to enlist the help of dozens more volunteers as public members. Outreach has recently been expanded to include other communities outside of the SPOG area who are interested in setting up community involvement committees of their own. SPOG has made presentations at Cold Lake, Butte, Drayton Valley, Balzac, and Indus and participates with CAPP and the EUB on the provincial Synergy Conference organization committee. 6) Get younger people involved. All the community people participating in SPOG are doing it for the next generation. They want to leave a better world for their children and grandchildren. SPOG runs many programs in the local schools and works with the Olds College Land Agent Program. 7) Have a mechanism for bringing issues to the table and dealing with them. SPOG s Community Affairs Committee has three key work processes complaint handling, education/information sharing and advising on new developments. SPOG set up three process maps for these tasks. SPOG also feels it is important to investigate alternatives to hearings. In the SPOG area, we believe that dispute resolution has to begin at the kitchen table before a dispute is created. 8) Develop a method for informing the industry and public about existing and new technology. In support of this, the Environment Working Group has hosted a new technology trade show for the past two years that has vendors showing everything from new flare stack incinerators to electric generators. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 93

108 The public members have also taken field trips to see new technology at work and each IMPACT newsletter highlights new technology that is being used in our area. Identify ways of getting information to stakeholders The IMPACT newsletter, public meetings, one-on-one conversations, and a SPOG office that is open to the public are the key methods. SPOG feels it is important to get the right information to the stakeholders so it is crucial to solicit feedback on what people want to know and if messages are being communicated effectively. SPOG has conducted an annual survey to determine what issues are most important to area residents and if the communication from SPOG is working. Have a mandate for the new Community Affairs Working Group The SPOG Board of Directors has officially appointed the community representatives as full Associate Members of SPOG. Associate Members do not pay fees as the Industry Members do. They do, however, have input into the annual plan and budget of the Community Affairs Working Group. In addition to the 13 community Associate Members of SPOG who represent geographical areas, we have another 20 community volunteers sitting as public members on sub-committees helping with the work of SPOG. It is important to note that all of the hours worked are volunteered. This is a request from the community members to protect their credibility. The community representative s mandate also includes a responsibility to inform their constituents of activities of the committee and to bring issues forward. Communication is though the newsletter, public meetings and one-on-one conversation. The Associate Members do not represent their own self-interest on the working group, but rather that of the area they are representing. Lessons Learned: SPOG is working. The attitudes of the community and industry have changed dramatically and the long-term relationship is improving. Five keys to success have been: 1) A powerful and positive vision for the future to lead SPOG forward; 2) Key work processes defined and mapped so SPOG doesn t lose its way and everyone is treated consistently; 3) Communication training for everyone to work as a team; 4) Facilitation to keep our meetings on track; 5) Budget and work planning based on goals to support the vision. The long-term challenges to the SPOG model in the Sundre area: Resourcing Companies must resource the public involvement processes. They must supply a consistent individual who has the time to participate, build a relationship and make decisions on behalf of his company. It is not fair to the process, the community or the company if the company or the EUB short staffs their public involvement area. To the untrained eye, and on the bottom line, some companies may think they are saving money by minimizing staff that works with the community, but in the long run they are not. A hearing costs millions of dollars in lost or delayed revenue, lawyer fees and staff cost for preparation. The legacy that is left with the community is negative. Future work and discussions all take more time. To be proactive community involvement teams must be adequately staffed. 94 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

109 Community resourcing A great deal of work is done by the community in this process. The work results in a great deal of ownership in the results by the community. However, it is not fair to negatively impact someone s livelihood while they are working to make their community better. There are a few positions within a public involvement model that should be paid. A paid administrator should be supplied to take the burden of arranging meetings and keeping the internal communication such as minutes and agendas organized. The Administrator in the SPOG case is paid by the industry. Secondly, a good process is made successful by a good facilitator. There are community people in all areas of the province that have the basic skills, the energy and the ownership in their communities that could be trained to take on this role. Succession planning A good public involvement process takes many hours and a lot of energy. To sustain itself, future leaders need to be selected and developed, both for the community and the industry. Burnout can be the end of an otherwise very good process. In summary, it is ALL about the relationship, not about the issues. With a strong relationship, based on trust, honesty and respect, issues can be solved. Working on the issues and when the relationship is based on distrust, it is almost impossible to get to a win/win solution. Both approaches take time, resources and people. One approach is positive, the other negative. Husky Energy White Rose Project January 2000 August 2001 Although the White Rose public review process formally commenced with the filing of the White Rose Project Description with the Canada-Newfoundland Offshore Petroleum Board (CNOPB) in March 2000, in fact the history of consultation reaches back to 1998 when Husky established an office in Newfoundland. The effort made in those early days in building relationships with industry associations, business groups and other community stakeholders served Husky well as it proceeded to a more formalized regulatory process. The formal process continued from March 2000 through to the public hearings, held at five locations around the province in July 2001, and concluded with the filing of the Commissioner s report, in October Ultimately, joint government approval was received in December The public review process for the White Rose project was tailored to meet the requirements of two separate, but related, regulatory processes: the review process outlined in the Atlantic Accord legislation (managed by the CNOPB), and the environmental review process set out by the Canadian Environmental Assessment Act (managed primarily by CNOPB, Department of Fisheries and Oceans, Environment Canada, and the Canadian Environmental Assessment Act (C.E.A.A.). Husky Energy worked with these regulatory agencies in an effort to streamline and merge the two processes to the degree possible. Offshore oil development is still relatively new to Newfoundland and Labrador, and projects such as White Rose can have an enormous positive impact on the local economy. In a relatively small province (in population terms approx. 550,000 people), mega projects tend to attract considerable public and media attention, and run the risk of raising people s expectations vis-a-vis employment and local benefits. As the third major oil development project for the province, there was general support for moving forward with the project, but people sought reassurance that it would be done in an environmentally and socially responsible manner. And, in a region whose existence has been inextricably tied to the sea, concerns for marine life, the commercial fishery and the impact on the marine environment were paramount. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 95

110 Husky undertook a broadly based consultation and community relations program. Stakeholders included community, environmental and scientific organizations, advocacy groups representing disadvantaged individuals, labour organizations, media, municipalities, local economic development associations, three levels of government, and industry associations. Clearly, employment opportunities for residents and commercial opportunities for local businesses were at the forefront of many people s minds. Central to this debate was the issue of the amount of work that could realistically be expected to take place in the province. Environmental and technical questions, as well, such as the long-term impacts of the project on seabird populations, the fishery and marine life were obviously important to people. And, early in the public review process, Husky s selected mode of development (a Floating Production Storage and Offloading vessel) for the oilfield was questioned by some. Husky worked hard both to understand these perspectives, identify proactive planning approaches and to provide full answers that would encourage meaningful discussion. The White Rose consultation program was influenced by the fact that the second project off shore Newfoundland, a similar design to White Rose, had completed the regulatory review process three years earlier. Many of the issues resulting from that process were still forefront in stakeholders minds. Husky worked closely with the operator of that project to learn from their experiences and to tailor its plans accordingly. In undertaking the public consultation program for the White Rose Project, Husky had several broad objectives in mind: from a more technical perspective, Husky s intent was to develop a detailed understanding of stakeholders immediate needs and potential concerns around the project, and to address these in our development applications. But beyond the project requirements per se, Husky wanted a deeper understanding of the community itself, so that it could develop a relationship that would extend through the operations phase of the project and would carry over to other potential initiatives. Husky undertook a broadly based consultation program comprising key informant workshops, public open houses, government briefings, media monitoring and public information tools such as a project web site. The focus of the consultation program was those communities and areas that could realistically be expected to be impacted by project activities. The company utilized an adaptive management approach to consultation, incorporating the flexibility to add or change initiatives as needs were identified. Over a two-year period, the company participated in literally hundreds of meetings, briefings and other public sessions. The program included both general information sessions for the public, specific workshops with key community opinion leaders, as well as focused sessions on key subject areas. A comprehensive database of issues raised in public sessions was maintained, and used as a basis for secondary consultations. Many of the issues raised by stakeholders provided meaningful input into project design. Over time, the project web site became an important communications tool. A detailed discussion of the consultation program is provided in the Project Summary (pp ) of the White Rose Development Applications, available on the Project web site. ( Husky continues to reap the benefits of the groundwork laid in the months before the formal public consultation program on White Rose began. Its success stems in large measure from the commitment of Husky to develop a made in Newfoundland /made in Canada approach to the White Rose 96 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

111 project and a strong management-led focus on safety and environmental stewardship. It also is based on a genuine commitment to working within the community framework. Husky also identified a communication liaison person (an employee within Husky) whose contact information was available at all stakeholder meetings. Lessons Learned An open, honest approach to communications paid dividends for the White Rose project. Getting to know and understand stakeholder concerns early in the approval process was key to moving the project forward. Though not all issues or concerns can be addressed to everyone s satisfaction, open, transparent and consistent communication clearly builds the collective understanding of the impacts of a project of the magnitude of White Rose. It is important to remember that consultation is not just an application process. It continues through the life of a project. Small sessions, focused on specific issues, are the most effective for example, specific sessions on fisheries issues, or employment matters give stakeholders an opportunity to discuss in detail issues of particular importance to them. Begin early and be proactive. Husky opened an office in Newfoundland three years before filing the formal application documents. During that period, they spent considerable time meeting, learning and building relationships within the community supplier organizations, government, advocacy groups and environmental stakeholders. Also, Husky always took advantage of any public opportunities to explain its position or talk about the project. Concentrating consultation efforts on areas and groups most likely to be realistically impacted by project activities allowed the company to optimize the use of resources. Take the time to learn and understand issues raised as part of recent similar projects. Also, listen closely to what your stakeholders are saying. Use these lessons learned and stakeholders feedback to help design your process and activities. An informed stakeholder community makes for meaningful and productive dialogue. By the time the formal public hearing process began in July of 2001, both Husky and the various community groups were well versed in the scope of the project, its impacts and its benefits. This helped stakeholders and the company focus, for the most part, on the substantive issues of most importance to the stakeholders. Shell Canada Ferrier Project Hindsight Provides Valuable Lessons This case relates to a proposal for one exploratory sour gas well called Ferrier, proposed south of Rocky Mountain House. Shell did not have operations in that specific area although it did have extensive, established operations nearby in the Sundre/Caroline region. There were also two other competitor gas processing plants in the region to which the Ferrier gas could potentially have been transported. The process was triggered when Shell decided to apply for a licence to drill a single exploratory deep sour gas well south of Rocky Mountain House. As part of the regulatory application, Shell needed to inform the general public in the vicinity of the proposed well site, then identify and resolve issues and concerns. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 97

112 At the time, it was customary for Shell s drilling department to notify and consult the public on exploratory wells in areas where it had no existing operations. They would generally combine notification and consultation with the emergency response planning visits for the well. This is what was done in the case of the Ferrier well proposal. In late November 1998, Shell distributed an information folder to homes in the vicinity of the proposed well. It contained information about the well, the proposed timing of the regulatory application, and the proposed drilling and completion schedule, combined with information about the emergency response plan and how Shell would protect the public if there was a problem at the well. This case took place south of the town of Rocky Mountain House in south-central Alberta not far from the Clearwater River. The well was proposed in a scenic rural area that had extensive farming, ranching and recreation. There were also professional people on acreages and others who had log cabins and lived off the land. Although there was a long history of shallow sweet oil and gas activity in the area, there were no deep sour gas wells like the proposed Ferrier well. Stakeholders included Shell, individual residents and landowners, the Town of Rocky Mountain House, the EUB, the MD of Clearwater, the Regional Health Authority, as well as the Clearwater Coalition that was formed to oppose the well. The Coalition included farmers, ranchers, acreage owners, professionals and other members of the public. From Shell s perspective, there were health, safety/emergency response and environmental issues to be addressed, as with any sour gas well application. Shell was confident it could address these issues because the Ferrier well was similar to many other deep sour gas wells that had been safely drilled in other populated areas. The level of concern among the general public escalated immediately, and some stakeholders organized the Clearwater Coalition to oppose the well. In retrospect, Shell recognizes that the inappropriate timing and method of communication greatly contributed to the level of concern. In late November 1998, Shell distributed the information/emergency response package described above. In it, Shell said the plan was to submit an application to the EUB by the first quarter of 1999, and to potentially drill the well by the end of the first quarter. The public in the vicinity objected strongly to this plan and to Shell s manner of communication. In addition they: were offended that the information packages were delivered so close to Christmas and believed this was to prevent them from having adequate time to understand the full implications of the proposal for their neighbourhood; objected to living in an emergency response plan area and the possibility of being evacuated if something should go wrong; found the emergency response/evacuation plan difficult to understand and did not have confidence in the plan s ability to protect them in the event of a well incident; were concerned that if the first well was successful, more wells would be needed and that pipelines and possibly compressors would be needed to transport the gas to a plant for processing. They questioned the effect this would have on the land and their rural lifestyle, and wanted Shell to present a long-term development plan; criticized Shell for finalizing an agreement on a well site location with a local landowner before consulting the rest of the public on a decision that could affect them; and, GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

113 had concerns about existing Shell operations in the nearby Caroline/Sundre area. For example, a pipeline leak had taken place some years before, and a local rancher believed that health problems in his herd were caused by the leak even though his cattle operation was several kilometres away. Both of these issues had received extensive media attention. Shell acknowledged the inappropriateness of the timing of its information package, and of its proposed application and drilling schedule. Shell immediately postponed the application and drilling schedule to allow more time to resolve public concerns, but by that time the community had formed the Clearwater Coalition and had gone to the media with their concerns. In December 1998 Shell agreed to attend a town hall meeting to try to address the concerns. The meeting received extensive negative media coverage and there was on-going media attention from both press and electronic media. This included a National Film Board documentary entitled Worst Case Scenario which was narrated by David Suzuki and aired on CBC s The Nature of Things as well as shown at special community meetings around Alberta in Shell cooperated with media interviews and the NFB documentary in an effort to demonstrate to the viewing public why it believed its plan was safe and in the public interest. Shell s business objective in first engaging the public on the Ferrier well was to comply with the EUB requirement to inform and consult the public in the vicinity of its proposed well, in order to submit this as part of our regulatory application. Subsequently, Shell met with individual concerned members of the public on a variety of issues and participated in a mediated process that extended over several months, in an effort to resolve concerns before going to its regulatory hearing. Actions/Processes Establish a Preliminary Plan Shell analyzed the area based upon other successful sour gas well proposals made in other rural areas. Shell found that the area had existing oil and gas activity; however, did not differentiate between shallow sweet gas and deep sour gas operations. Shell identified members of the public who lived or owned land or otherwise had an interest in the area in a radius around the proposed well site. Make Initial Community Contacts Shell arranged to have the above-described information packages delivered to people s homes. This resulted in almost immediate high concern to the people involved, leading to negative feedback, negative media attention, and the formation of the Clearwater Coalition. Prepare a Detailed Plan the plan was consistent with a template of activities used in other areas for similar sour gas well proposals. Continue the Public Participation, Issue Resolution and Follow-through Shell engaged in many visits, meetings, phone calls, mediation, etc., to try to resolve issues. However, it became reactive, not proactive public, participation activities. Monitor, Evaluate, and Assessment of Process Shell did a look back/evaluation of the Ferrier process and realized it was not truly consultative. They tried to consult after the controversy erupted. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 99

114 The process did not follow the above five steps because it didn t start off in the true model of consultation. Shell did not adequately research the area and people s attitudes and issues. As a result, Shell underestimated the level of concern and it proposed a schedule that was not appropriate. From the time the controversy began when the information packages were delivered, Shell recognized it was too reactive. Shell s reaction was too slow to the growing outrage, and focused on the Coalition rather than continuing to consult with and communicate to the broader audience. The result was that Shell was not able to resolve issues through the mediated process. A regulatory hearing was held for the well application in November 2000 and in 2001 the EUB turned down Shell s application. They cited a number of reasons, among them a lack of timely public consultation early in the process, and concerns about an emergency response plan. After the EUB decision, Shell reviewed, at the most senior levels of the company, its commitment to effective stakeholder engagement. Shell: amended planning processes to ensure comprehensive consultation plans for all projects, including exploratory wells like Ferrier that are outside our areas of existing operations; created new positions in exploration and production organizations to focus on public consultation; created a consultation network within the company to share best practices and sponsor training; created materials that explain, in layman s terms, Shell s approach to exploration and development (technical, emergency response planning, training and prevention). Lessons Learned DO plan your consultation differently for shallow sweet gas proposals and deep sour gas proposals. People may judge them differently even if they live near existing oil and gas facilities. DO thoroughly research your audience and anticipate issues and concerns before you approach them. Rural areas today may have a great variety of stakeholders, attitudes and concerns beyond those of traditional farmers or ranchers: even if people have always had oil and gas, are used to it, and have derived wealth from royalties and taxes, they won t necessarily be comfortable with proposals for more development; people may be concerned about cumulative effects, proliferation of facilities and when an area will reach its limit; people may value a peaceful, rural, non-industrial lifestyle more than they value the economic benefits the proposal may generate for the area. DO use caution when combining public consultation with emergency response planning visits, especially if your company is new in the area. If the public is familiar with your company, has few issues, and prefers not to be contacted repeatedly, combining the two can be a good strategy. However, in general, consultation and ERP visits have different purposes, and are best performed in stages, by people with specific expertise. DO notify people as early as possible, even if you don t have all the answers: provide adequate time for the public to review and understand the implications of your proposal; allow adequate time for the company to understand and resolve the community s issues before submitting an application to the EUB. DO try to communicate with people you don t know by phone first rather than by mail. 100 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

115 DO use caution when finalizing agreements on a well site with one landowner before consulting the rest of the community. This may create a backlash if one landowner is perceived to be making a decision that will affect all of the community without their input. DO be as flexible and open-minded as possible about discussing the company s potential future development plans. Be prepared to seriously consider, and potentially incorporate new ideas generated by the community. DO ensure your consultation people are prepared before they go into an area. Brief them about your company s history in the region. Ensure they have the resources to address tough questions or know who can provide answers. DO continue to consult with and communicate to the broader audience, while responding to protest groups or others expressing concern. Remember the silent component who is neutral or positive. DON T downplay public concerns, even if they seem to have no relation to the new proposal. If your company has had well-known incidents in the region, acknowledge them briefly, then move on to what your company did to address the problems, and why a recurrence is unlikely with the new proposal. Panther Advisory Group Multi-stakeholder Forum Adds Value to Project Planning October, 2003 Suncor s natural gas business and Shell Canada Limited have teamed up on a project in the Panther area west of Sundre, Alberta, to explore for sour gas in a region renowned for recreation, wildlife and beauty. Stakeholders on the Panther Advisory Group (PAG) guide Suncor and Shell on how best to explore and operate in this unique area. Besides industry and the EUB, PAG members include outfitters and guides, trappers, hunters, grazing leaseholders, recreational users and First Nations. PAG members recommendations have made development in the area more efficient because, as frequent users, they have detailed knowledge and a keen interest in the area. Sometimes the recommendations can be unconventional and unexpected. For example, when Suncor and Shell were developing plans to test a proposed exploratory gas well in the area, the companies approached PAG for their view on the two most likely alternatives: either build a new pipeline to test the well in-line, or flare test the well through a stack at the site. There was no existing pipeline in the vicinity of the well because it was in an untested area. The public generally prefers in-line well tests because they take place inside the pipeline. Flare testing is a highly visible and noisy procedure that would have been exacerbated by the mountain top location of the well. Shell and Suncor expected that PAG would prefer an in-line test to a flare test. However, after developing a shared understanding of the issues related to each type of well test, the Panther Advisory Group recommended that the companies use a flare test because it would create less of a long-term impact on the land than building a new pipeline to a well site which may or may not be developed. This decision is an illustration of the vision of success penned by participants who formed the advisory group: By working together, a diverse group developed the Panther wells using respectful communication and thoughtful planning, combined with a strong determination to ensure this unique part of the world will be available for present and future generations to experience and enjoy. The Panther Advisory Group has been very successful in overseeing the beginning of a drilling program in the area. One of the processes they use to keep on track is the implementation of performance measures. Each stage of the project is carefully reviewed with the PAG representatives and industry. Performance measures are put in place to cover guidelines that are set for the companies that are beyond regulations. Shell and Suncor are audited against the performance measures at the conclusion of each stage of work to determine if the performance measure could be met. An example of a performance measure would be the agreement to avoid doing heavy hauls on the weekends. PAG did not exist until the 3-D seismic program was mostly complete, in Although Shell may have received and implemented stakeholder feedback regarding the seismic, it was not through PAG. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 101

116 Their mission is to Develop the proposed Panther wells in a manner that is economically and environmentally sustainable to all stakeholders. The Group began with the end in mind and tackled the unique issues of access management, footprint, sustainability of unique areas, protected areas, communication between parties (business, recreation, resources), wildlife habitat, long term impacts, safety, emergency response planning and education around the needs of all the unique users of the area. Share, Plan, Protect is their objective. Lessons Learned 1. Participation in a synergy group needs to be defined for the unique situation and community that it covers. In the Panther area there are not a lot of landowners as it is all Crown area, but there is a vast array of user groups that needed to be represented, each with their own unique needs. For example, a rafter would have different timing constraints and needs than a trapper. You need to have both parties at the table to create win/win solutions that work for everyone. 2. A vision is of utmost importance. If you don t define where you want to be, you cannot put a plan in place to achieve it. 3. Clearly defined processes make it easier to complete the work. Everyone understands the process and the work is completed in an orderly fashion that does not overlook any important elements. 4. A picture is worth a thousand words. When explaining complex information about drilling, completions, etc., good pictures take away a lot of confusion. Personal tours of drilling rigs, proposed sites, etc., are even better. 5. Through the use of performance measures, communities can negotiate more than they could achieve in an EUB hearing situation. The EUB can only regulate to the regulations. The use of performance measures can fill the gap between regulations and expectations and address unique situations. ConocoPhillips Algood Pipeline Spring 2002 Prior to being acquired by Gulf, Crestar Energy had planned to drill two sour (10% H 2 S) wells in the Wembley area 15 miles NW of Grande Prairie. Only 10 miles from the company s Wembley gas plant, the plan was to connect 4 wells in an 8" pipeline to the plant. In addition, the plan was to add additional wells as they came online. The Stakeholders Hilltop Estates Subdivision County of Grande Prairie EUB Other immediate operators AEC (now EnCana) Local landowners and residents ConocoPhillips Operations 102 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

117 Following individual landowner contact for surface access and ERP preparation, a public meeting was held to describe the company (Crestar) and proposed development. Significant pushback at the meeting generated a second meeting now with Gulf as proponent. Key issues included: health safety of their families noise operating practices water safety wildlife/livestock safety emergency Response Plans (evacuation) flaring impact on residential property value At the end of the meeting, a Community Advisory Committee was established. Through on-going meetings of that committee, five community update newsletters, and numerous individual and agency/organizational conversations, communication among all parties was enhanced. During the pipeline consultation process, five major initiatives were implemented to establish and develop an Operations Community Relations program that included: gas plant tours outreach contact with local schools and community hall associations landowner contact by operators a Wembley gas plant 15th anniversary celebration and open house community investment partnerships with communities and regional organizations Following consultation, applications were submitted to the EUB including mitigation plans associated with issues identified and resolved (and also not resolved). Hilltop Estates Legal Counsel advanced these issues to the EUB and the Board initiated their Alternate Dispute Resolution process. An agreement was struck, a formal public hearing avoided and approvals granted. The pipeline was constructed in February, March and April 2002 and started up in June Lessons Learned 1. Local residents encourage operators in the region to coordinate exploration and development planning. 2. An annual community relations/investment program is developed. 3. External challenges to our plans accelerate corporate cultural integration (Crestar to Gulf.) 4. Never Say Never! Question at community meeting What happens to Gulf s commitments to the community if you re taken over? (Conoco acquired Gulf, literally, days after the meeting!) 5. You can never over-communicate (newsletters, personal meetings, community meetings, open houses.) 6. Need for strict alignment of ALL company activities (exploration to reclamation.) 7. An investment in positive, proactive community relations greases the skids for future activity. 8. No hearing results in a non-adversarial relationship go forward. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 103

118 ConocoPhillips Surmont Oil Sands Project A twenty-five year relationship is the foundation for stakeholder support. Background: Gulf Canada, predecessor of ConocoPhillips Canada, has held oil sands leases in the Chard area (south of Fort McMurray) for nearly three decades. When exploration began in the late 1970 s, a road was required from the community of Anzac to the site located 30 km to the south. The construction of that road (now Highway 881) marked the first development activity, opened isolated communities to large society and initiated a 25-year relationship between the company and local stakeholders. Over that 25-year period, three pilot projects were developed using a range of insitu (steam) processes. Ultimately, Steam Assisted Gravity Drainage (SAGD) technology resulted in a facility being constructed in the mid-1990 s and plans for a commercial scale development. Stakeholders: After over 3 decades of development in the region, the breadth and complexity of stakeholder interests in operating and proposed oil sands projects included: Two First Nations (Chipewyan Prairie, Fort McMurray) Athabasca Tribal Council Aboriginal organizations (e.g., regional and local Metis groups) Three communities (Anzac, Conklin, Chard) Regional Municipality of Wood Buffalo (largest geographic municipality in North America) Regional interest groups (e.g., Regional Issues Working Group, Cumulative Effects Management Associations, Wood Buffalo Environmental Association, Metis Industry Consultation Association) Other industrial operators and developers (e.g., forestry, oil sands (mining and insitu), natural gas) Municipal, provincial and federal governments and Regulatory Agencies Human service agencies Business interests Consultation Process Early consultation associated with construction of the access road, leases, pilot plant sites and facilities focused on mutual awareness and, identifying and enhancing the capacity of regional interests, especially, local isolated communities. Oil sands mining projects had directly involved and impacted Aboriginal communities north of Fort McMurray, but southern communities felt somewhat isolated and detached from that development Training, local employment and contracting opportunities were at the core of the consultation program. Unfortunately, the pilot project operation had a short tenure as many oil sands projects were shelved by the mid-1980s and the Surmont facility experienced an unfortunate and costly fine. It was not until the mid-1990s that the company returned to the region to re-engage stakeholders for the next chapter of the Surmont story a SAGD pilot plant and potential commercial-scale development. 104 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

119 Elements that process included: contact with local trappers; multi-stakeholder processes including local land-users (Engstrom Lake) and regional groups noted above; memoranda of Understanding with the 2 First Nations; working relationships with all regional and local organizations and local communities; participation in regional planning and coordination initiatives; a local business development/community relations coordinator was retained to liase with local/regional interests; community-based consultation techniques open houses, door-to-door visits; resources to enhance stakeholder capability to participate in consultation and the project. Community Relations Beyond consultation activities, the company made an effort to be aware of and involved in the dayto-day life of local communities. Participating in and sponsoring local events, assisting families during a time of need, providing resources to meet expressed (and not vocalized) community needs were small things that make a big difference in fostering relationship between a BIG company and a SMALL community. Other initiatives/programs included: cultural awareness training for project staff, contractors and local residents respect for traditional culture and economy safety ticket training elders programs extensive school and youth programs junior operator training business development training and resources resources to enhance local capability and capacity Results Local stakeholders participated in and improved the quality of decisions associated with pilot plant development, the Commercial project Application and plans and a multitude of issues such as cumulative effects, environmental and social impacts and local benefits planning. Relationships formed between regional and local interests and Company personnel resulted in extensive support for Regulatory Applications. The Surmont Application to the Alberta Energy and Utilities Board (EUB) was one of the first oil sands initiatives to be approved without a public hearing. That success resulted in actual hearing cost savings of approximately $1-1.5 million, significant internal and consultant resources and, most importantly, a positive go forward relationship (rather than the confrontation/adversarial nature of many hearings) with regulatory process interveners. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 105

120 Learnings Long-term relationships are a good investment and good business; Efforts to avoid confrontation/adversarial processes and issues are a win for the company, regulators and local interests (prevents families/communities having to take sides ); The best decisions are made by inclusive (rather than exclusive) processes; If the community benefits, the company benefits; Respect (for people, communities, cultures) begets respect; Know what you don t know; Relationship does not necessarily mean money; a partnership model involved BOTH/ALL parties contributing; Industry coordination and cooperation around need identification and delivery of resources is critical; Help break the dependency cycle of communities help them solve their problems, identify/engage opportunities etc.; and, Be flexible, open, expect the unexpected, be positive. 106 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

121 CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS SECTION 8 SAMPLE PUBLIC INVOLVEMENT POLICY STATEMENTS

122 Section 8 Sample Public Involvement Policy Statements BP Canada Energy Company ConocoPhillips Environment Canada Nexen Canada Ltd Petro-Canada GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

123 SECTION 8 SAMPLE PUBLIC INVOLVEMENT POLICY STATEMENTS Various industry members and governments have developed policy statements related to public involvement. Others have policies in relation to Aboriginal affairs, public affairs, community affairs, environment, health and safety, or purchasing and procurement that pertain, in part, to public involvement matters. Some companies are in the process of developing such policies, or of revising previously established policies. As you develop or revise your company s policy, carefully consider examples available to you from your industry. You can also consider the sample policies provided here. They come from Environment Canada and from large oil and gas companies and serve to illustrate the different approaches you can take in building your own. BP Canada Energy Company Mission In support of our business objectives to become a premier company with a competitive advantage, BP will establish long term mutually beneficial relationships based on trust, respect and understanding with the Aboriginal people of Canada.* Vision BP will proactively promote opportunities for Aboriginal people which establishes sustainable selfsufficiency through employment, education, business development and community involvement. Values We value diversity and respect and honour traditional Aboriginal values and individual differences. We will be honest, fair and trustworthy. We share a pledge with Aboriginal people to respect the environment. BP Native Affairs operates within the BP corporate structure to advise, educate and assist in the development and implementation of programs whereby Aboriginal communities and BP can constructively work together. *Aboriginal includes First Nations, Metis, Inuit and non-status. Policy Guidelines Employment Objective Proactively develop and increase the opportunity for employment of Aboriginal people in all phases of BP operations. Opportunities for Dialogue Recruit qualified Aboriginal people. Promote Aboriginal employee career management. Provide internship opportunities. Provide summer employment and temporary employment for qualified Aboriginal people. Objective Build a work environment that is diverse and culturally aware. Opportunities for Dialogue Develop on-going strategic alliances with other companies and organizations to enhance the opportunities for Aboriginal people. Develop an Aboriginal employees support network. Develop an Aboriginal element in our orientation program. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 107

124 Education Objective Create a climate of opportunity for Aboriginal people to further their education, skills development and experience. Opportunities for Dialogue Offer scholarships/awards programs. Work with the local community to conduct workshops, open houses and career fairs. Support specialized programs with local educational institutions. Promote stay-in-school incentives. Support and promote traditional values textbooks written by the local communities. Issues Awareness Objective Encourage BP employees to obtain an understanding of the Aboriginal culture, treaties, history and current issues. Opportunities for Dialogue Organize and participate in speaker forums. Provide cross-cultural workshops on issues of mutual concern. Organize and participate in cross-cultural social and athletic events. Aboriginal Business Development Objective Develop joint working agreements with Aboriginal communities to build business relationships and commitment. Opportunities for Dialogue Support life skills programs. Support pre-employment seminars. Invite Aboriginal businesses and contractors to participate in BP activities. Identify a liaison person in operating centres. Provide lead time to Aboriginal businesses to enable them to mobilize. resources and bid on items of work or services. Facilitate the timely payment of invoices. Community Involvement Objective Maintain good corporate citizenship within Aboriginal communities in BP s core areas. Opportunities for Dialogue Support events and programs organized by the Aboriginal community. Support initiatives and partnerships with Aboriginal people that promote self-sustainability. Support Aboriginal involvement in events and programs organized outside the Aboriginal community. Public Consultation Objective Ensure Aboriginal communities and BP have a clear understanding of each other s plans and needs and to communicate these plans and needs on a timely basis. Opportunities for Dialogue Develop a process to involve Aboriginal people from the very early planning stages of exploration through production to post-production restoration. On-going dialogue and consultation on concerns specific to Aboriginal communities. Initiate discussions with Aboriginal communities to establish a mutually beneficial partnership. 108 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

125 ConocoPhillips Stakeholder Relations Practices will guide, direct, coordinate and resource the actual implementation of these principles into the Company s day-to-day and long-term business activities. Stakeholder Relations Policy ConocoPhillips Canada will create and maintain mutually beneficial relationships with stakeholders that enable the Company to access oil and gas resources and operate responsibly in a fast changing environment. The Company s Stakeholder Relations Policy is based on four principles: 1. Valuing Relationships The Company will be aware of, value and respect local cultures and communities and take their interests into account. Special emphasis will be placed on Aboriginal cultures, peoples and communities in areas the Company is active or has an economic interest. Examples of putting the Principle into Practice: a. Be a good neighbour by acting as an Ambassador. Employees are encouraged to care about and maintain regular contact with the people living in the vicinity of our facilities and operations. b. Identify, contact and involve stakeholders early in the planning process. c. Provide Cultural Awareness training that will be provided to staff who interact or work with diverse cultural groups. Special attention will be given to Aboriginal people. 2. Shared Futures The Company will manage its business based on sustainable relationships, to create long-term value and benefits for all stakeholders while responding to their needs. Examples of putting the Principle into Practice: a. Operations planning will identify and incorporate stakeholder interests. Company field staff directly participating in these processes. b. Major new project development will incorporate stakeholder interests from project design, through construction, to on-going operation and decommissioning. c. Seek opportunities to purchase local goods and services. The Company will identify its needs early, and take into account what the local community can offer. d. Develop partnerships as the basis for our stakeholder relationships and provide resources for the development of stakeholder capacity to enter into those partnerships. Partnerships may include those that improve the quality of community life, joint ventures, school and community initiatives, or training programs. 3. Alignment and Accountability The Company will demonstrate consistent and supportive behaviour towards all of our stakeholders. We will assess, audit and report our stakeholder relations performance to those directly affected by our business activities. Examples of putting the Principle into Practice: a. Commitments to stakeholders will be made, documented and carried out. These should be clear, concise and understandable; and be accompanied by action targets. b. Cultural awareness training will be provided to staff and contractors who interact with diverse cultural groups. Special attention will be given to Aboriginal people. c. Stakeholder Relations competencies and skills will be taken into account when hiring new employees, transferring existing staff, during performance reviews, and in incentive programs. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 109

126 4. Responsible Use of the Environment and the Land The Company will conduct business with respect and protection of the biophysical environments in which we operate, which includes air, water, land, fish, wildlife, as well as human and livestock health. Examples of putting the Principle into Practice: a. Identify and address all environmental impacts that arise from our operations or development by seeking first to avoid them and then to minimize, mitigate, restore or compensate. b. Respect for local, historic and traditional knowledge and economies is an important consideration. Seek to integrate this knowledge in environmental planning and assessment. c. Consideration of the full life cycle of a development will be used in planning, building, operating and decommissioning facilities. Environment Canada The following is an abridged version of Environment Canada s public involvement policy. For the complete policy, contact the Environment Canada Office nearest you or the Consultations Division at ; Consultation@cpgsv1.am.doe.ca; Our Commitment to Effective Consultations Our Pledge Environment Canada shares its responsibility to protect the environment and to promote sustainable development with all sectors of society and with individual Canadians. This warrants their meaningful participation in the decisions related to the development and amendment of policies, legislation, programs and services. Environment Canada has a rich tradition of consultations and is committed to providing opportunities for public involvement in all relevant facets of its mandate. This policy is designed to respond to the growing public demand for effective consultations and to describe how Environment Canada intends to meet this commitment. Environment Canada s commitment to public consultations is directly related to our priority to make sustainable development a reality in Canada. Simply put, we believe that meaningful public consultations will help Environment Canada and the government as a whole make better decisions. At Environment Canada, consultation is an interactive and iterative process that elicits and considers the ideas of people and provides opportunities to influence decisions before they are made. Guiding Principles The following principles will guide Environment Canada s approach to consultations: Building relationships and trust Open channels of communications and constructive working relationships with organizations, partners and clients are valued as a key foundation for effective consultations. Influencing decisions Consultations will be designed as an integral part of the decision-making process. The process will be transparent and consultations will take place while options are still open. Balancing listening with leadership Environment Canada information, knowledge and positions will be shared openly and in a timely fashion with those being consulted. Consultations will be balanced with getting things done. Tailoring our approach Consultations will be tailored to reflect the particular circumstances and variables of the decisions at hand. 110 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

127 Striving for greater effectiveness Consultations led by Environment Canada will be designed with a view to make the most efficient use of existing mechanisms and internal resources while maximizing the contribution of participants. Adhering to high quality and performance standards Consultations will be planned, carried out and assessed based on the best practices in the field. Environment Canada has adopted the Guide to Public Involvement, a national standard of Canada published by the Canadian Standards Association (March 1996), as its benchmark for effective consultations. Nexen Canada Ltd. International Code 1 of Ethics for Canadian Business Vision Canadian business has a global presence that is recognized by all stakeholders 2 as economically rewarding to all parties, acknowledged as being ethically, socially and environmentally responsible, welcomed by the communities in which we operate, and that facilitates economic, human resource and community development within a stable operating environment. We believe that: we can make a difference within our sphere of influence (our stakeholders); business should take a leadership rate through establishment of ethical business principles; national governments have the prerogative to conduct their own government and legal affairs in accordance with their sovereign rights; all governments should comply with international treaties and other agreements that they have committed to, including the areas of human rights and social justice; while reflecting cultural diversity and differences, we should do business throughout the world consistent with the way we do business in Canada; the business sector should show ethical leadership; we can facilitate the achievement of wealth generation and a fair sharing of economic benefits; our principles will assist in improving relations between the Canadian and host governments; open, honest and transparent relationships are critical to our success; local communities need to be involved indecision-making for issues that effect them; multistakeholder processes need to be initiated to seek effective solutions; confrontation should be tempered by diplomacy; wealth maximization for all stakeholders will be enhanced by resolution of outstanding human rights and social justice issues; and, doing business with other countries is good for Canada and vice versa. 1 The Code is a statement of values/principles designed to facilitate and assist individual firms in the development of their policies and practices that are consistent with the vision, belief, values and principles contained herein. 2 Should include local communities, Canadian and host governments, local governments, shareholders, the media, customers and suppliers, interest groups, and international agencies. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 111

128 We value: human rights and social justice; wealth maximization for all stakeholders; operation of a free market economy; public accountability by governments; business environment which militates against bribery and corruption; equality of opportunity; a defined code of ethics and business practice; protection of environmental quality and sound environmental stewardship; community benefits; good relationships with all stakeholders; and, stability and continuous improvement within our operating environment. Principles A) Concerning Community Participation and Environmental Protection, we will: strive within our sphere of influence to ensure a fair share of benefits to stakeholders impact by our activities; ensure meaningful and transparent consultation with all stakeholders and attempt to integrate our corporate activities with local communities as good corporate citizens; ensure our activities are consistent with sound environmental management and conservation practices; and, provide meaningful opportunities for technology cooperation, training and capacity building within the host nation. B) Concerning Human Rights, we will: support and respect the protection of international human rights within our sphere of influence; and, not be complicit in human rights abuses. C) Concerning Business Conduct, we will: not make illegal and improper payments and bribes and will retain from participating in any corrupt business practices; comply with all applicable laws and conduct business activities with integrity; and, ensure contractor s, supplier s, and agent s activities are consistent with these principles. D) Concerning Employee Rights and Health and Safety, we will: ensure health and safety of workers is protected; strive for social justice and respect freedom of association and expression in the workplace; and, ensure consistency with other universally accepted labour standards, related to exploitation of child labour, forced labour and non-discrimination in employment. 112 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

129 Petro-Canada Scope: To identify management accountabilities necessary to promote effective relations with neighbouring communities, landowners, indigenous or aboriginal peoples, regulators, governments, non-governmental organizations, other industries, oil and gas operators, business partners, and other stakeholders who have an interest in Petro-Canada operations or development projects. The focus is on all phases of our operations and on proactive dialogue to ensure a principled relationship with relevant stakeholders, consistent with Petro-Canada s Principles for Investment and Operations. Effective stakeholder relations are a key component of corporate responsibility. Emerging Issues and Stakeholder Identification Purpose: To understand the scope and impact of the external environment on business strategies and stakeholder interactions. There shall be a process to proactively identify emerging external issues and determine the potential impact to business strategies and stakeholder interactions. Stakeholders may include, but are not limited to neighbouring communities, landowners, indigenous or aboriginal peoples, regulators, governments, non-governmental organizations, other industries, operators, business partners and concerned 3rd parties. Stakeholder Interaction Purpose: To provide a guideline for the identification of relevant stakeholders and the proactive and timely development of appropriate stakeholder interaction plans. There should be a process to conduct meaningful and open dialogue with stakeholders who have an interest in Petro-Canada operations or development projects. Consideration should be given to local context, social and cultural factors and to human rights. The process should consider, as appropriate: consultation channels; identification of stakeholders; understanding of specific stakeholder interests and concerns; consultation strategy; action plans to address interests, concerns and opportunities; assignment of accountability and resources; updates on activities and commitments; mechanisms to respond to public inquiries and complaints; mechanisms to resolve disputes either directly with stakeholders or with designated intermediaries; periodic evaluation of the effectiveness of stakeholder consultation processes; and, mechanisms to adjust strategy and action plan. Employee Capability Purpose: To ensure employee competency when interacting with stakeholders. There should be a process to ensure employees and individuals interacting with stakeholders on behalf of Petro-Canada develop the required competency to interact effectively with stakeholders, which should include: understanding of current business issues and activities, as well as corporate key messages and positions on relevant public issues; sensitivity to local, cultural and human rights considerations; CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 113

130 stakeholder consultation; risk communication; and, media relations. Aboriginal and Indigenous Peoples Purpose: To ensure employee competency when interacting with Aboriginal or indigenous peoples. The business unit management should develop strategies specific to the unique culture or heritage of Aboriginal (consistent with our Aboriginal Relations Policy) or indigenous peoples who may be impacted by Petro-Canada operations or development projects. Media Purpose: To define how we will manage our relationship with the media in support of the management of our corporate reputation. There shall be a media relations process to ensure a professional approach in developing and implementing strategies to address media issues, respond to media calls and soliciting media coverage. The process may include: a news release protocol, which establishes the accepted process for generation, approval and issuing of all company news releases; an issues management process whereby approved key messages and Q&A s are developed, both pro-actively and reactively, as required; ensuring that only trained personnel will respond to media calls, and guide other personnel in how to handle such communications; a process for securing approval of contents of publicly available Internet sites. Continuous Improvement Purpose: To promote continuous improvement and maintain alignment with stakeholder interests and concerns in the changing business environment. Plan Review The manager or supervisor responsible for the operations or projects should review its stakeholder consultation strategy and interaction plans on a frequency based on the risk to the business. Learning There should be a process to periodically exchange stakeholder interaction experiences and learnings within and between business units. 114 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

131 CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS SECTION 9 GLOSSARY

132 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

133 SECTION 9 GLOSSARY Aboriginal People This term arose from the 1982 change to the Constitution. It is the term to describe the indigenous people of Canada: Indians, Inuit and Métis. The word Aboriginal is most appropriately used as an adjective (e.g. Aboriginal person) as offence may be taken if someone were to be called an Aboriginal. Aboriginal Rights Concept that refers to the self-determination and self-sufficiency interests of First Nations and Aboriginal peoples. It is based on the sovereignty-nation status of First Nations prior to contact with the Europeans. Common rights in law now include the Aboriginal right to fish, hunt, trap, harvest and trade. Aboriginal rights: must be practiced for a substantial period of time to have formed an integral part of the particular Aboriginal society s culture; must be an activity that is a central, defining feature which is independently significant to the Aboriginal society; must be distinctive (not unique), meaning it must be distinguishing and characteristic of that culture; must be based on an actual activity related to a resource: the significance of the activity is relevant but cannot itself constitute the claim to an Aboriginal right; must be given a priority after conservation measures (not amounting to an exclusive right); must meet a continuity requirement, meaning that the Aboriginal society must demonstrate that the connection with the land in its customs and laws has continued to the present day; may be the exercise in a modern form of an activity that existed prior to European contact; may include the right to fish, pick berries, hunt and trap for sustenance, social and ceremonial purposes (for example, ceremonial uses of trees and wildlife locations); may include an Aboriginal right to sell or trade commercially in a resource where there is evidence to show that the activity existed prior to European contact on a scale best characterized as commercial and that such activity is an integral part of the Aboriginal society s distinctive culture; may be adapted in response to the arrival of Europeans if the activity was an integral part of the Aboriginal society s culture prior to European contact; does not include an activity that solely exists because of the influence of European contact; and, does not include aspects of Aboriginal society that are true of every society such as eating to survive. Aboriginal Self-Government The goal of Aboriginal peoples and Nations to control and manage their own affairs and to be recognized as a third level of government. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 115

134 Aboriginal Title Aboriginal title arises from aboriginal interest in land and is based on historic occupancy and use of traditional territories dating back hundreds or thousands of years before the arrival of the Europeans. The Royal Proclamation of 1763 confirmed Indian ownership of their lands within British territories, and declared that treaties between the Indians and the Crown that extinguished Aboriginal title were required before British subjects might occupy Indian territories. The leading case with respect to Aboriginal title is Delgamwukw v. The Queen. (1997) Advisory Committees An advisory committee is a relatively small group of interested and affected parties drawn together by a sponsor (such as your company) to review a proposal or issue and represent the ideas and attitudes of a community. Advisory committees are usually formed to function for an extended period of time and may address a broad array of issues. Affected Party A stakeholder whose rights may be adversely affected by an energy development. Appropriate Dispute Resolution (ADR) EUB-developed process for resolving disputes between the public and industry, or between industry players. ADR helps people explore and understand each other s interests and develop acceptable solutions together. ADR options include informal discussion and problem solving, direct negotiation, field facilitation, mediation and administrative tribunal. See for more information on ADR. Band A group of people that hold reserve land or have funds held for it by the federal government, or has been declared a band by the Governor-in-Council. Its definition is provided in the Indian Act. Across Canada, there are 608 bands in total. Band Chief The leader of the local Band and Band council. The chief is elected by eligible voters of the Band, or by the councillors according to the regulations of the Indian Act. The Band chiefs are not necessarily the same as the hereditary chiefs. In the past, government agents (Indian agents) sometimes deposed hereditary chiefs and installed amenable people as Band chiefs. Band Council Governing or administrative body of a Band, elected according to procedures laid out in the Indian Act. They may either be an elected or custom council under the Indian Act. The Band council is usually responsible for administering the funds allocated to the Band by INAC (Indian and Northern Affairs Canada), and can pass municipal and provincial-like by-laws. The councillors are elected by eligible band members and serve two-year terms. Capacity-Building The development of human, technical and financial resources in First Nation communities (as well as other diverse communities). For example, some First Nations may require capacity building to respond to provincial requests for consultation concerning Aboriginal rights, and subsequently to carry out the authorities that they will assume under treaties. 116 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

135 Claim Area Area identified by a First Nation as the basis for negotiating treaty settlement land. A First Nation s claim area may or may not be the same as their traditional territory. Coalition An alliance of people with similar interests in a single issue or project. Collaborate To partner with the public in each aspect of the decision including the development of alternatives and the identification of the preferred solution. Communication An exchange of thoughts, opinions or interests through verbal and non-verbal language, writing, or audio-visual representations. The result of communication is improved understanding on the part of all stakeholders. Community Profiling Community profiles are detailed descriptions of the social and cultural dimensions of an area. This includes demographic characteristics of the population, the economy, livelihood, land tenure and natural resource control. Community profiling helps ensure that proposed projects and consultation activities are carried out in a culturally and socially appropriate manner. Community Relations Community relations is about being a 'good neighbour'. It is beneficial for an organization to be aware and open to the sensitivities of communities where they plan to conduct business. When ignored, these sensitivities can affect a company's operations, bottom line and success. Community relations is even more relevant for organizations in today's environment of communities demanding a larger role in projects that affect their community. Community Sponsored Meetings A community sponsored meeting may be convened specifically to discuss company-community issues, or you may have your topic (and speaker) added to the agenda of a regular meeting of a community organization (e.g., a local service club). Community sponsored meetings are an excellent mechanism to inform the public of the project at hand and to explain the public involvement process that will occur. If the meeting is a large gathering, it is possible to allow people to ask questions and provide feedback on your presentation; however, this type of technique is most effective in small meetings. Comprehensive Claim or Comprehensive Land Claim A claim made by a First Nation based upon continuing Aboriginal rights and title that have not been dealt with by treaty or other legal means. Compromise The outcome of a decision-making process that requires that one or more participants relinquish something in return for achieving something else. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 117

136 Conflict Resolution Conflict resolution provides the opportunity for relationship building and creative development of fair and enduring solutions to deal with conflict. Conflict resolution can be used to help resolve almost any type of dispute and can include a wide range of processes that encourage nonviolent dispute resolution outside of the traditional court system. Consult Two-way communication to obtain public feedback in analysis, alternatives and/or decisions. Cooperative Management Arrangements made between the Province and First Nations to involve First Nations in provincial land and resource management processes. Crown Activity Any activity for which Canada or the Province is responsible through legislation, regulation or policy. These activities may involve the issuance of tenure (permit, license, lease) or grants, or the approval to conduct a specific activity. Crown Grant Usual mechanism by which the Crown conveys land to persons or corporate bodies who then hold the land in private ownership. Crown Land Land or an interest in land, owned by Canada or the Province. Crown Tenure A legal interest in Crown lands or resources, issued by the Province in the form of a permit, license, lease or approval. Cultural Awareness Training Cultural awareness training helps project team members define their own values as the beginning point in helping them understand the differences in others. This training helps create understanding and tolerance to the fact that different cultures require different public involvement approaches. Cumulative Effects Changes to the environment caused by an activity in combination with other past, present and reasonable foreseeable human activities. Douglas Treaties Fourteen treaties struck between 1850 and 1854 between the British Crown, represented by Sir James Douglas, and some Vancouver Island First Nations. 118 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

137 Elders Aboriginal persons who are respected and consulted due to their experience, wisdom, knowledge, background and insight. Elder does not necessarily equate with age. Entrenchment Term occasionally misused in the context of treaties to refer to protection under the constitution. Aboriginal rights and treaty rights are protected under s.35 of the Constitution Act, Entrenchment of treaty rights does not mean that treaties become part of the Constitution. Expert Panel A small group of people with expertise in a given area. Generally expert panels are struck to provide information that forms the basis for a discussion with a larger audience, such as those at a conference. Extinguishment Term used to describe the cessation or surrender of Aboriginal rights to lands and resources in exchange for rights granted in a treaty. Facilitation A process in which a neutral party assists affected parties to work more effectively to reach mutually agreeable solutions or previously defined goals and objectives. Fee Simple Legal interest in land that is commonly characterized as private ownership. Fiduciary Duty Legal obligation of one party to act in the best interests of another. Canada has a fiduciary obligation with respect to Indians and lands reserved for Indians under s.91(24) of the Constitution Act of First Nation A) An Aboriginal governing body, organized and established by an Aboriginal community; or, B) The Aboriginal community itself. First Nation Fee Simple Land Land held in fee simple by a First Nation that does not have the status of treaty settlement land. No special rights attach to First Nation fee simple land and no aspect of First Nation jurisdiction will apply on it. Food Fish Informal term used when referring to the legal obligation of the Crown to recognize an Aboriginal right to fish, particularly for food, social and ceremonial purposes, arising from the Supreme Court of Canada s decision in Sparrow. The Court s decision in Gladstone now leaves open the possibility that there can be Aboriginal rights to the commercial sale or trade of fish. See also legal obligation. Formal/Informal Leaders Formal leaders have a title (e.g., mayor, chief, county councillor or president of the local business association or the local fish and game association). Informal leaders are generally the people to whom others turn for information, analysis or perspective. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 119

138 Gap Analysis A tool that helps identify the gaps that exist between company or industry initiatives/processes and stakeholders' issues. Once the gaps are identified, steps can be undertaken to fill them. Hereditary Chief Chiefs who generally inherit rank and title through their mothers. Usually applies to First Nations in British Columbia. Honoraria Honoraria are used to encourage the participation of those publics who do not have the financial resources to participate otherwise. Honoraria are designed to compensate participants for their time and services (e.g., on an advisory committee), and place a value on the contribution of their time, expertise and knowledge. Payment of honoraria provides the public with access to the decisionmaking process by allowing people to participate. House Extended family or household of a hereditary chief in the ranked societies, often living in the same long or bighouse. This term usually applies to First Nations in British Columbia. Individual Meetings and Meetings with Key People Individual meetings are usually informal meetings with individuals concerned about a specific issue. They provide the advantage of one-on-one interactions. Sensitivity towards the individual s point of view is more apparent because of the personal nature of the interaction. Meetings involving key people are an extension of the individual meetings technique. Key people are those who have political or economic power in the community, decision-making responsibilities, or an intimate knowledge of certain aspects of the community. They are in touch with such segments of the community as mayors and councillors, planners, chamber of commerce executives, and clergy. IAP2 An organization of members who seek to promote and improve the practice of public participation in relation to individuals, governments, institutions, and other entities that affect the public interest in nations throughout the world. INAC Acronym for Indian and Northern Affairs Canada. INAC is responsible for negotiating treaties on behalf of Canada. (Also referred to as the Department of Indian Affairs and Northern Development (DIAND)). Indian A legal term defined in the Indian Act, some Aboriginal people still refer to themselves as Indians, but the term Aboriginal is becoming increasingly common. However, do not substitute Aboriginal for Indian when it is part of a title, for example Indian and Northern Affairs, the Indian Act, or part of a band name. Indian Act Federal legislation designed to give effect to the legislative authority of Canada for Indians, and Lands reserved for the Indians, pursuant to s.91(24) of the Constitution Act, GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

139 Indian Reserve Initially created by colonial governors and later, the Canadian government, reserves are defined in Section 2 of the Indian Act as parcels or tracts of land that have been set apart by the federal government for the use and benefit of an Indian band. The legal title to Indian reserve land is vested in the federal government. See also s.91(24). Indian Taxation Term used to describe the varied and fast-growing body of Aboriginal tax law that is developing nationally. In some cases, it is expanding the scope of First Nations jurisdictional control over taxation on reserve lands. The Indian Act contains tax provisions that may entitle Indians to some unique tax benefits. Information Dissemination Information dissemination involves providing relevant and timely information to communities on company plans and activities throughout project exploration, planning, development, operation and decommissioning activities. The primary purpose is to provide the public with substantive information about a project. Information dissemination can augment public involvement, but is no substitute for consultation or joint planning. Information Centre A location established to distribute information and respond to inquiries. Infringement An action of the Crown that impairs an Aboriginal right. See also Crown Lands Activity Policy. Interest-Based Negotiations Approach to negotiating treaties in which negotiators focus on objectives rather than stating a single acceptable outcome, as in position-based negotiations. This approach allows negotiators the flexibility to explore options that meet the objectives of all parties. Interest-Group Meetings Interest-group meetings involve information gathering or information giving with individual interest groups. The meetings can be formal or informal. Once project personnel have identified all interested groups, a liaison can be established with each one and a framework for involvement established. Interim Measures Any activity undertaken by the Province in the interim before treaties are concluded, that is related to the management or use of land or resources, and aimed at meeting provinces or territories legal obligations while balancing the rights and interests of Aboriginal and non-aboriginal. Interim measures include, but are not limited to, activities undertaken pursuant to the Province s legal obligations. Interim measures may take the form of documented agreements between the Province and a First Nation, but they do not extend to broad restrictions or moratoria on the development or alienation of lands. Interim measures are conducted by individual line ministries, within their day-to-day operating mandate. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 121

140 Inuit Aboriginal peoples who reside in the eastern Arctic and Arctic Ocean regions of the North West Territories, formerly known as Eskimo. Inuit do not have legal Indian status under the Indian Act but a 1939 Supreme Court of Canada decision determined that Inuit are entitled to the same programs and services (funding) as provided to Indians. Involve To work directly with the public throughout the process to ensure that public issues and concerns are consistently understood and considered. Issue Paper A document that provides an in-depth discussion of an issue, project or activity. Joint Problem Solving Joint problem solving is used frequently after a problem has emerged but before there are strong opposing positions. It is most effective when used by parties that have similar objectives, have an interdependent relationship (e.g., company and government), or share geographically specific issues on which shared understandings of the issues can be achieved (e.g., company and neighbour issues). The objectives of joint problem solving are to jointly define the issues, reach agreement on a definition of the problem, analyze the problem, generate alternative solutions, evaluate these solutions, reach decisions, and monitor and evaluate the results. Land Claims Agreement Term used by the federal government to refer to a treaty with a First Nation. Land Quantum Amount of land to be negotiated as treaty settlement land in a particular treaty. Land Settlement Model Description of the legal status of treaty settlement land, which will follow from the particular legal mechanism used to transfer the land from the Crown to First Nations. Legal Obligations In this sense, obligations regarding Crown activity that arises from court decisions. When the Province engages in Crown activity, it must determine if Aboriginal rights exist in the area of the proposed activity, whether the activity will infringe upon those rights, and make efforts to avoid or minimize the infringement of those rights to the extent possible. Literature Review An evaluative report of information found in the literature related to your selected area of study. The review should describe, summarize, evaluate, and clarify this literature. All works in the review must be read, evaluated and analyzed. 122 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

141 Mediation Mediation is a voluntary and confidential process in which a neutral third-party facilitator helps people discuss difficult issues and negotiate an agreement. Basic steps in the process include gathering information, framing the issues, developing options, negotiating, and formalizing agreements. Parties in mediation create their own solutions and the mediator does not have any decision-making power over the outcome. Media Training If there is the possibility to have more than casual contact with the media, project team members have to be equipped for an experience that can undermine the untrained and the unwary. Media training helps you present yourselves, anticipate and answer questions and delivers information in a rounded and concise way. Medicine Wheel The Medicine Wheel is an ancient symbol used by many Aboriginal people of North and South America. The Medicine Wheel teaches us that all life moves in a circle and each person s journey to self-fulfillment lies within. There are many different ways that this concept is expressed, all reflecting the importance of wholeness and balance and the significance of the number four in Aboriginal life: four seasons, four grandfathers, four directions, four elements and four aspects of our nature, and four life stages. The Medicine Wheel has no beginning and no ending, just as there is no end to our journey of the four directions. The human capacity to develop is infinite The Medicine Wheel turns forever. Meetings There are many different types of meetings between a company and its publics designed to address different needs and issues. Most public meetings are best saved until after issues have been identified and relationship building has begun. Métis Originally used to refer to the descendants of the early 18th and 19th century French or Scottish fur traders and Aboriginal women in the mid-west (Alberta, Saskatchewan and Manitoba). Today, Métis can also refer to people of mixed ancestry not associated with a specific First Nation. Negotiation-Specific Mandates Instructions for provincial negotiators to conclude treaties with individual First Nations. Neighbourhood Meeting Neighbourhood meetings are held for residents of a specific neighbourhood. These meetings are usually held in an area that has been or will be affected by a specific plan or project. Notification A process in which people are provided with objective information to assist them in understanding the problems, alternatives and solution. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 123

142 Non-Status Indians Aboriginal people who for one reason or another are not registered under the Indian Act. They are not members of any bands and are not entitled to any of the rights and benefits specified in the Indian Act. Overlaps Areas of land identified by more than one First Nation as part of their traditional territory. Policy Dialogue Policy dialogue is the application of negotiation and joint problem solving techniques to issues of policy (often environmental policy). This approach is frequently used in industry wide discussions with a range of interest groups. It may be a small group process in which traditional adversaries on public policy issues meet to reason together, seeking areas of agreement and clarification of their differences. Policy dialogues to date have been informal, non-official processes, the products of which are joint statements describing policy options that would be acceptable to the diverse participants in the dialogue. Public Hearings Public hearings are sometimes required by regulatory agencies (e.g., National Energy Board) or local governments (e.g., Planning Appeal Board) to review contentious issues such as the environmental impacts of projects in sensitive areas. These hearings may be structured and formal with a hearing officer and a verbatim public record, or they may be run like a local government council meeting. Participants usually make formal public statements and written submissions, and are given limited opportunities for official interaction with other participants, except (in some cases) in crossexamination. However, informal discussions during breaks can provide opportunities to connect with many of the publics interested in the topic or development being considered. Public Opinion Polling Public opinion polling is used to measure public attitudes, values and perceptions on various issues. Polls employ a rigorous methodology to ensure findings actually represent the sentiment of a community, region, province or country. It is advisable to use specialists in this area to ensure you receive useful results from polling. Professional pollsters know how to phrase questions, collect and analyze the data and choose respondents that will provide the most complete picture of the public s response to your project. Public Policy-Making Bodies Policy-making bodies, with elected or appointed citizen representation, are frequently used to incorporate citizen input into government policy planning. Although this approach is not used directly in the private sector, it is mentioned here because representatives of such groups are usually knowledgeable about a range of issues in their area and often are opinion leaders in their communities. Because of their knowledge and profiles, these individuals should be priority contacts for company personnel. 124 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

143 Public Relations Traditionally, public relations involves the use of one-way communication techniques to persuade the public of the desirability of an activity. Public relations and related activities, such as media relations, are important and form an integral part of an effective corporate communication program. However, they are typically one-way communication devices that do not include direct interaction with interested publics for joint problem solving or collaborative planning and action. Registered Indian Person who is defined as an Indian under the Indian Act, and who is registered under the Act. Regulatory Expectations Best practices or guidelines for industry practice as set out by the regulator. Regulatory Requirements Rules that industry has an obligation to meet and against which the regulator may take enforcement action in cases of non compliance. Regulated requirements for public involvement vary among jurisdictions. In addition, expectations and interpretation of the formal requirements vary over time, with the nature of the proposed activity and the history and concerns of the interested publics. The Alberta Energy and Utility Board, for example, provides the energy industry in Alberta, with requirements and expectations to assist in participant involvement efforts, both in advance of submitting an application for energy development and throughout the life of a project. Resource Revenues Revenues from resource extraction and related activities that accrue to the Province or Canada, usually in the form of rents and royalties. Risk Communication An interactive process of exchange of information and opinion among individuals, groups, and institutions; often involves multiple messages about the nature of risk or expressing concerns, opinions, or reactions to risk messages or to legal and institutional arrangements for risk management. Section 35 Section of the Constitution Act, 1982 that states that Aboriginal rights and treaty rights are recognized and affirmed and makes it clear that treaty rights include rights that now exist by way of land claim agreements or that may be so acquired. As a result of this constitutional protection, government has an obligation not to infringe upon Aboriginal and treaty rights without justification. Section 87 Tax Exemption Tax exemption arising from s.87 of the Indian Act that applies to status Indians income and property (including personal property) situated on Indian reserve land. Section Section of the Constitution Act, 1867 that confers upon the federal Parliament the power to make laws in relation to Indians, and Lands reserved for the Indians. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 125

144 Self-Government At the time of contact, all First Nations were self-governing. In modern usage, it has come to mean a process by which First Nations can re-establish control over their lands and affairs. Models of selfgovernment may vary from First Nation to First Nation. Stakeholders Stakeholders include member companies, environmental groups, other government departments and agencies, communities, and individual citizens who all have a stake in the responsible development of our energy resources, each with their own particular perspective and emphasis. Stewardship CAPP's Stewardship initiative is a responsible approach to business that lets companies succeed while protecting the natural environment and enhancing the quality of life. Stewardship members analyze, plan, implement, measure and review performance, programs and activities to ensure they meet or surpass government and industry standards and regulatory requirements. Synergy Group An alliance of representatives from the local community, industry operators and regulatory office (s) who work together to resolve local issues at the local level. Synergy groups may also include other stakeholders. Task forces A task force is a small group of interested and affected parties organized to work on a specific problem or single objective. It exists only for the period of time necessary to complete the task at hand. Traditional Territory The geographic area identified by a First Nation to be the area of land which they and/or their ancestors traditionally occupied or used. See also Aboriginal rights. Transboundary Agreement An agreement made with a First Nation whose traditional territory is not wholly within the Province, and who already has a treaty outside the province. A transboundary agreement may be protected under s.35 of the Constitution. Treaty An agreement between government and a First Nation that defines the rights of Aboriginal peoples with respect to lands and resources over a specified area, and may also define the self-government authority of a First Nation. Treaties are final agreements that have been ratified by all parties. Treaty Right Right protected under s. 35 of the Constitution Act, 1982 that is held by First Nations people pursuant to a treaty. 126 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

145 Treaty Settlement Land Area of land that will be owned and managed by a First Nation pursuant to a treaty. The precise legal status of treaty settlement land, and the extent of First Nation jurisdiction on it, remains to be determined. Some areas within treaty settlement lands will be held in private ownership, or otherwise designated for uses incompatible with public access. Other areas will accommodate public access as provided for in treaties. The underlying title to treaty settlement lands will rest with the Provincial Crown. Tribal Councils Tribal councils, which are groupings of different bands, fall into two categories: traditional alliances of Aboriginal people with a common language and culture; and modern associations of bands who may not share a common language and culture, but were formed to deal with administrative, political and land use issues. Tribal Group Grouping of Indians based on the historic language and culture groups and geographic ties. Traditional Leadership In most tribes the candidate for the chief s name and responsibility had to first show genuine skilled leadership to qualify. Traditionally, in some cases, authority was exercised by the most successful hunter/providers and effective leaders. If an incumbent chief ceased displaying the necessary qualities, or if his people failed to prosper, he would lose authority and influence. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 127

146 128 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

147 CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS SECTION 10 RESOURCES AND REFERENCES

148 GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

149 SECTION 10 RESOURCES AND REFERENCES Included below are descriptions of current sources of public involvement reference materials and information. Alberta Energy and Utilities Board (EUB), Information Services Sources of Reference Materials, Information and Training Avenue S.W., Calgary AB T2P 3G4 Tel: or dial toll-free: Fax: Web: The EUB has a variety of materials and decision reports of public issues associated with sour gas and other petroleum industry activities. It also holds a variety of research documents, other reports and videotapes in its library. Information Services either provides direct access to information, or directs inquiries to the appropriate sources within EUB. Alberta Environmental Network th Avenue Edmonton, AB T5K 0B3 Tel: Fax: aen@web.ca Web: The Alberta Environmental Network is a non-profit network of environmental non-governmental organizations. It is a catalyst and facilitator for the environmental movement. The network helps coalitions do their work, but is not a coalition itself. Copies of its Public Consultation Handbook are available through its office. Arbitration and Mediation Institute of Canada Inc. 234 Eglinton Avenue East, Suite 500 Toronto, ON M4P 1K5 Tel: Fax: admin@adrcanada.ca Web: As a non-profit, non-government organization, the institute s purpose is to provide the public with the means of resolving disputes of all kinds through arbitration, mediation and other methods. It also acts as a national centre of information, education and research. Twice yearly it publishes the Canadian Arbitration and Mediation Journal/Journal d Arbitrage et de Mediation Canadien. On request, it will suggest speakers, provide companies, individuals or other parties in a dispute with a choice of professional arbitrators or mediators who meet the institute s standards, or provide copies of its national rules for the conduct of arbitration and mediation engagements. It is affiliated with regional institutes and societies throughout Canada, with approximately 1700 members. Listings of regional affiliates follow. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 129

150 British Columbia Arbitration and Mediation Institute 1628 West 7th Avenue, Vancouver, BC V6J 1S5 Tel: Fax: Alberta Arbitration and Mediation Society (AAMS) 110 Law Centre, University of Alberta, Edmonton, AB T6G 2H5 Tel: , (Toll-free Canada-wide: ) Fax: Web: This Society is a non-profit organization whose objectives are to promote, publicize and improve the knowledge, application and techniques of arbitration and mediation as alternate forms of dispute resolution. It maintains a library of materials dealing with arbitration and mediation, distributes information to interested parties, sponsors and conducts training sessions, and organizes meetings and seminars. The Society also operates the John V. Decore Centre for Alternative Dispute Resolution. Arbitration and Mediation Institute of Saskatchewan Inc. Innovation Boulevard, Saskatoon, SK S7K 9S1 Tel: Fax: Web: Arbitration and Mediation Institute of Manitoba Inc. 290 Burnell Street, Winnipeg, MB R3K 0R9 Tel: Fax: info@amim.ma.ca Web: ADR Institute of Ontario 234 Eglinton Avenue East, Suite 500 Toronto, ON M4P 1K5 Tel: Fax: admin@adrontario.ca Web: ADR Atlantic Institute P.O. Box 123, Halifax, NS B3J 2M4 Tel: Fax: admin@adratlantic.ca Web: Institut d Arbitrage et Mediation du Ouebec (Ouebec office) PO Box 5455, Station B, Montreal, PQ H3B 4P1 Tel: Fax: Web: GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

151 Banff Centre for Management Box 1020, Station 45, Banff, AB T0L 0C0 Tel: (Toll-free ) Fax: The Centre offers a number of courses in environmental leadership, including two in environmental conflict resolution. Canadian Association of Petroleum Producers (CAPP) 2100, Avenue S.W., Calgary, AB T2P 3N9 Tel: Fax: communication@capp.ca Web: The Canadian Association of Petroleum Producers (CAPP) represents 150 companies that explore for, develop and produce natural gas, natural gas liquids, crude oil, oil sands, and elemental sulphur throughout Canada. CAPP member companies produce over 98 per cent of Canada's natural gas and crude oil. CAPP also has 125 associate members that provide a wide range of services that support the upstream crude oil and natural gas industry. Together, these members and associate members are an important part of a $75 billion a year national industry that affects the livelihoods of more than half a million Canadians. CAPP Publications on Public Involvement: East Coast Offshore Petroleum Industry: Training and Qualification, January This document contains a concise description of the minimum qualifications and certified safety training required of individuals working in Canada's east coast offshore petroleum industry Stewardship Progress Report, December This report describes the progress of CAPP and its members towards environment, health and safety Stewardship. The Hunt for Oil and Gas, July This video covers the entire spectrum of oil and gas development in a broad, non-political, educational way. It is designed to be multi-purpose for use in high schools and in community consultation. Land Access/Land Use, June This brochure outlines the land access and land use issues in Western Canada and indicates that a major challenge is the patchwork of different land use commitments that have evolved over time. Oil and Gas Approvals in the Northwest Territories Southern Mackenzie Valley, November A guide to regulatory approval processes for oil and natural gas exploration and production on public lands on the Southern Mackenzie Valley. (not a CAPP publication) Oil and Gas Approvals in the Northwest Territories Inuvialuit Settlement Region, June A guide to regulatory processes for oil and gas exploration and production on public lands in the Inuvialuit Settlement Region. (not a CAPP publication) CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 131

152 Animal Health, June This brochure outlines controversial issues concerning the relationship between livestock health and petroleum industry emissions and describes the steps being taken by industry to work with the agricultural community to consult on these issues. Flaring, June This brochure describes issues connected with routine and emergency flaring of waste gases, including the publics' concerns about smoke, noise, odour and health. Human Health, June 2000 This brochure describes a number of petroleum industry initiatives being taken to address human health issues and promote actions to deal with recognized concerns. Sour Gas, June 2000 This brochure identifies some of the health issues related to sour gas, noting that research to date has not shown an increase in human health problems resulting from exposure to sour gas and that the Alberta Energy and Utilities Board has stringent regulations for sour gas producing, processing and transport. Canadian Environmental Assessment Agency (CEAA) Administrative Officer 757 West Hastings Street, Suite 320 Vancouver, BC V6C 1A1 Tel: Fax: ceaa.pacific@ceaa-acec.gc.ca CEAA has a reference library, a selection of hand-out materials from prior reviews, and makes copies on request of the out-of-print Manual on Public Involvement in Environmental Assessment: Planning and Implementing Public Involvement Programs (Federal Environmental Assessment and Review Office and Praxis, 1990). Center for Corporate and Government Affairs Boston College, Carroll School of Management Office of Corporate/Government Affairs Fulton Hall, Room Commonwealth Ave. Chestnut Hill, MA Tel: Fax: csomcga@bc.edu Web: GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

153 International Center for Cooperation and Conflict Resolution Teachers College, Columbia University, 525 West 120 St., New York NY Tel: Web: The purpose of the IAF is to promote, support and advance the art and practice of professional facilitation. The association strives to offer opportunities for those interested in facilitation to increase their expertise. International Association For Public Participation (IAP2) IAP2 Headquarters Office Huron St., Suite 27 Denver, CO Tel: (Toll-free in North America ) Fax: Web: The IAP2 accepts membership from anyone interested in public involvement and has affiliated regional chapters in various parts of North America, including Canadian chapters for Alberta (Wild Rose), Ottawa and Toronto. The association publishes information newsletters, journals and directories, and organizes an annual conference. John V. Decore Centre for Alternative Dispute Resolution, University of Alberta 110 Law Centre, University of AB, Edmonton, AB T6G 2H5 Tel: Fax: Web: Operated by the AB Arbitration and Mediation Society, this centre boasts Canada s largest library of arbitration and mediation materials. It is used as a teaching facility for courses in alternative dispute resolution, client counselling, labour arbitration and techniques of negotiation for students of the Faculty of Law. It also rents meeting and conference rooms to any member of the public to conduct arbitration and mediation. CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 133

154 National Round Table on the Environment and the Economy 344 Slater Street, Suite 200 Ottawa, Ontario Canada, K1R 7Y3 Tel: (613) Web: Synthesizes the results of stakeholder consultations on potential opportunities for sustainable development. They summarize the extent of consensus and reason for disagreement, review the consequences of action or inaction, and recommend steps specific stakeholders can take to promote sustainability. Society of Professionals in Dispute Resolution (SPIDR) 1527 New Hampshire Ave. NW, Third Floor Washington, DC Tel: Fax: Web: The Network Interaction for Conflict Resolution Conrad Grebel College, Waterloo, ON N2L 3G6 Tel: Fax: Web: GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

155 CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS SECTION 11 BIBLIOGRAPHY

156 Section 11 Bibliography General Emergency Preparedness Consensus-Building/Dispute Resolution/Facilitation Risk Communication Regulatory Requirement References GUIDE FOR EFFECTIVE PUBLIC INVOLVEMENT

157 SECTION 11 BIBLIOGRAPHY Many documents about public involvement theory, skills, techniques, and processes exist. Examples of the range of materials available (including many referenced in the development of this CAPP Guide for Effective Public Involvement) include the following: General Alberta Chamber of Resources. Aboriginal Programs Project Final Report Sharing Knowledge. July, B.C. Hydro Aboriginal Relations Department. Aboriginal Relations. Vancouver, British Columbia. May Bird, Bud and Pauline, Jack and Beverley Macklin, and Lyle and Sharon Roth. Fair Play. In cooperation with residents of Eagle Valley. (Available from Alberta Energy and Utilities Board, Alberta Environmental Protection, and Alberta Agriculture, Food and Rural Development District Office in Olds, Alberta). September Corporate Aboriginal Relations: Best Practice Case Studies, Pamela Sloan and Roger Hill (1996). Creighton, James L. Involving Citizens in Community Decision-making: A Guidebook. Program For Community Problem Solving. Washington, D.C Dyer, William G. Team Building: Issues and Alternatives. Second Edition. Addison-Wesley Publishing Company. Don Mills, Ontario Federal Environmental Assessment Review Office and Praxis. Manual on Public Involvement in Environmental Assessment: Planning and Implementing Public Involvement Programs. Prepared by Praxis, Calgary, Alberta, Hull, Quebec Government of Alberta, Aboriginal Affairs and Northern Development. Best Practices Handbook for Traditional Use Studies. Jamie Honda, Alberta Aboriginal Affairs and Northern Development and Denise Parson, Alberta Department of Energy Indian and Northern Affairs Canada. Aboriginal Workforce Participation Initiative, AWPI Employer Toolkit. Ottawa, International Finance Corporation, Member of the World Bank Group. Doing Better Business through Effective Public Consultation and Disclosure; A Good Practice Manual. October, International Finance Corporation, Member of the World Bank Group. Investing in People: Sustaining Communities Through Improved Business Practice; A Community Development Resource Guide For Companies. December National Centre for Environmental Publications and Information. Community, Culture and the Environment. (513) , (800) , or by mail to NCEPI, U.S. EPA Publication Clearinghouse, P.O. Box 42419, Cincinnati, OH 45242, or by to ncepiwo@one.net National Round Table on the Environment and the Economy. Aboriginal communities and Non- Renewable Resource Development. Ottawa, Ontario Province of British Columbia Ministry of Aboriginal Affairs. Glossary of Treaty-Related Terms. Victoria, British Columbia CANADIAN ASSOCIATION OF PETROLEUM PRODUCERS 135