Canada must ensure First Nations' rights, title and jurisdiction are respected in Trans Mountain Expansion Project

OTTAWA, Ont.-Following the Federal Court of Appeal's decision on the Trans Mountain pipeline expansion project, Assembly of First Nations (AFN) National Chief Perry Bellegarde says the federal government must ensure that First Nations' rights, title and jurisdiction are respected.

"First Nations' rights and title holders must be respected in all proposed development, and this, of course, includes the Trans Mountain pipeline. Government and industry must do a better job of meaningfully consulting First Nations from the outset of all major projects and respecting First Nations' rights in Canadian and international law," said AFN National Chief Bellegarde.

The original Trans Mountain Pipeline was built in 1953 and the Expansion is essentially a twin of the existing 1,150-kilometre pipeline between Strathcona County (near Edmonton), Alberta and Burnaby, BC. It will create a pipeline system with the nominal capacity of the system going from approximately 300,000 barrels per day to 890,000 barrels per day.

The expansion will be approximately 980 km of new pipeline. Seventy-three percent of the route will use the existing right-of-way, 16 percent will follow other linear infrastructure such as telecommunications, Hydro or highways, and 11 percent will be new right-of-way. It will include 193 km of reactivated pipeline, and 12 new pump stations will be built.

The Government of Canada originally approved the Trans Mountain pipeline expansion project in November 2016. In July 2018, the Federal Court ruled the Government of Canada must consult with Indigenous peoples and groups, and conduct a marine-related environmental assessment. The Government of Canada purchased the pipeline for $4.5 billion in May 2018. The First Nations applicants, including the Coldwater Indian Band, Tsleil-Waututh Nation, Squamish Nation and Ts'elxwéyeqw Tribe, argued that consultation remained insufficient.

Regional Chief for British Columbia Terry Teegee said, "We see another court decision that is another reminder that the UN Declaration on the Rights of Indigenous Peoples, and free, prior and informed consent are the necessary way forward. Obviously, the process is still flawed. We can replace conflict and court cases with progress, prosperity and stability. "

As part of the Expansion Project, Trans Mountain is building two new transmission lines. The transmission lines provide additional power to pump stations, which help move our product through the pipelines.

The Lower Nicola Indian Band Development Corp. (LNIBDC) has entered a partnership with Trans Mountain and Valard Construction LP (Valard) to build, own, operate and maintain the new 24-kilometre Kingsvale Electricity Transmission Line that will run through the Lower Nicola Indian Band's traditional territory.

The 138-kV transmission line will connect from BC Hydro's distribution line and provide additional power to Trans Mountain's existing Kingsvale pump station, as well as a new Kingsvale pump station, as part of the Trans Mountain Expansion Project.

"This will be the first electricity transmission line to be constructed, majority-owned, operated, maintained and financed by an Indigenous group in Canada. This project will provide valuable economic benefits to the Lower Nicola Indian Band," says Kevin Ainsworth, General Manager of LNIBDC.

LNIBDC holds a majority interest in partnership with Valard and has negotiated a 20-year contract with Trans Mountain Canada Inc. to construct the transmission line and interconnection to BC Hydro, as well as own, operate and maintain the line, with the potential of renewing the contract for an additional 20 years.

"We are proud to partner with LNIB and Valard on this unique project, which will provide direct and lasting economic opportunities. We are committed to ensuring that Indigenous communities share in the benefits of the Expansion Project," says Ian Anderson, President and CEO of Trans Mountain Corporation.

Construction of the transmission line will commence in a series of phased activities along the utility right-of-way through Kingsvale and is expected to be completed by August 2020.

 
 
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