Indigenous Engagement and Partnership Plan
Value Chain Solutions - Heartland Complex Expansion Project
June 25, 2021
Contents
- 1. Introduction
- 2. Description of the Proposed Project
- 3. Objectives of Indigenous Engagement and Partnership
- 4. Indigenous Communities
- 5. Engagement and Consultation Tools, and Methods
- 6. Engagement and Consultation Approach
- 7. Participant Funding
- 8. Federal Agencies' Roles and Responsibilities
- 9. How to submit comments
1. Introduction
On March 15, 2021, the Impact Assessment Agency of Canada (the Agency) determined that an impact assessment is required for the Value Chain Solutions - Heartland Complex Expansion Project ("the Project"), pursuant to Subsection 16(1) of Canada's Impact Assessment Act (the Act).
The Indigenous Engagement and Partnership Plan (IEPP) outlines opportunities and methods for meaningful engagement and consultation with potentially affected Indigenous communities throughout the impact assessment process for the Project. The IEPP is intended to be flexible and does not preclude the Agency from making changes to the approaches described in this IEPP in order to accommodate changes that may occur during the assessment process.
Throughout this IEPP, the terms "Indigenous community" or "Indigenous communities" refers to Indigenous communities connected by Nation, Band, geographical location, community roles, and other shared values and identities. Within the context of the impact assessment process, the Agency encourages the active participation of a community's diversity such as the Chief and Council, community leaders, as well as members of the community such as women, Elders, youth, and knowledge holders.
Throughout this IEPP, "engagement" refers to the spectrum of engagement defined in the Policy Context for Indigenous Participation in Impact AssessmentFootnote 1, and "consultation" refers to the Government of Canada's duty to consult and, where appropriate, accommodate, potentially affected Indigenous peoples.
To complement this broader IEPP, community-specific consultation plans may be developed to describe Indigenous community specific objectives for consultation, or any unique features of the impact assessment and consultation process pertaining to that community.
The Government of Canada is committed to renewing its relationship with Indigenous peoples, which is based on the recognition of rights, respect, cooperation and partnership. Through this IEPP, and individual community specific plans, if applicable, the Agency supports this commitment. In addition to the IEPP, the Agency plans to engage Indigenous communities that have indicated an interest in the impact assessment process using the engagement tools and methods outlined in the Public Participation Plan. The Tailored Impact Statement Guidelines further describe the Agency's views and guidance and the requirements for the Proponent related to engagement with Indigenous groups and the integration of Indigenous knowledge and views into the assessment through meaningful participation.
The Agency's Practitioner's Guide to the Impact Assessment ActFootnote 2 provides policy context and guidance on Indigenous Participation and Engagement in the assessment process, including on:
- Indigenous participation in impact assessment
- Assessment of potential impacts on the Rights of Indigenous peoples
- Collaboration with indigenous peoples in impact assessment
- Indigenous knowledge under the Impact Assessment Act: Procedures for working with Indigenous communities
- Protecting confidential Indigenous knowledge under the Impact Assessment Act.
A separate Public Participation Plan has been developed to describe how the Agency plans to engage with the public during the impact assessment process.
2. Description of the Proposed Project
Value Chain Solutions Inc. (the Proponent) is proposing the Project to expand its approved Heartland bitumen upgrader and refinery, located in Alberta's Industrial Heartland, about 18 kilometres northeast of Fort Saskatchewan. The expansion would increase the facility's input capacity from 29,890 m3 of diluted bitumen per day to 119,240 m3 per day. The Project is designed to upgrade and refine diluted oil sands bitumen to produce a variety of products. The Project would include activities such as construction of processing units and associated infrastructure to enable upgrading and refining, and the expansion of a petroleum storage facility and railway facilities.
For more information on the impact assessment of the alue Chain Solutions - Heartland Complex Expansion Projec or to view the information and comments received, visit the Canadian Impact Assessment Registry (the Public Registry) at https://iaac-aeic.gc.ca/050/evaluations/proj/81148?culture=en-CA.
3. Objectives of Indigenous Engagement and Partnership
Impact Assessment Agency of Canada's objectives
- Conduct adequate Crown consultation on the potential positive and adverse effects (direct and incidental) of the Project and adverse impacts of the Project on the exercise of Aboriginal and/or Treaty rights of the Indigenous peoples of Canada recognized and affirmed in section 35 of the Constitution Act, 1982 (Aboriginal or Treaty rights);
- Meaningfully engage with Indigenous communities regarding Indigenous knowledge they may wish to apply when considering potential effects and impacts of the Project and impacts on the exercise of Aboriginal or Treaty rights;
- Meaningfully engage with Indigenous communities throughout the impact assessment process with opportunities to provide comments on key documents and the engagement process;
- Engagement efforts should be consistent with the Government of Canada's commitment to implement the United Nations Declaration on the Rights of Indigenous Peoples (the Declaration) as a comprehensive international human rights instrument and Canada's roadmap for reconciliation. The Declaration emphasizes the importance of recognizing and upholding the rights of Indigenous peoples and ensuring that there is effective and meaningful participation of Indigenous communities in decisions that affect them, their communities, and territories. The Declaration also emphasizes the need to work together in partnership and respect, as articulated through the principle of free, prior, and informed consent. This principle reflects working together in good faith on decisions that impact Indigenous peoples, with the intention to achieve consensus;
- Include Indigenous knowledge, if provided, in the assessment of potential effects and impacts of the Project and impacts on the exercise of Aboriginal or Treaty rights, and explain how Indigenous knowledge was considered or used in the assessment; and
- Provide opportunities for collaboration with Indigenous communities on specific elements of the impact assessment.
Objectives identified by Indigenous communities during the Planning phase
During the Planning phase, some Indigenous communities identified values and objectives for Indigenous consultation and engagement for this Project. The Agency summarizes these as:
- Consultation needs to be early and meaningful. Additional consultation objectives that would add to the meaningfulness of consultations include:
- Engaging and including each Indigenous community's input in summary of baseline information, including:
- Biophysical information;
- Information on Treaty rights;
- Engaging with each Indigenous community to understand and anticipate positive changes to the community's economic and social conditions and health;
- Respecting traditional protocols for consultation;
- Designing an appropriate engagement and consultation process that identifies Indigenous knowledge, values and interests related to the Project, including:
- Assessments of impacts to rights;
- Retention of expert advice;
- Face-to-face meetings with the Crown and the Proponent for agreement on mitigation measures; and
- Direct engagement with the Proponent.
- Engaging and including each Indigenous community's input in summary of baseline information, including:
- Efforts to strengthen relationships and partnerships with local Indigenous communities should continue throughout the regulatory process, including post-decision phase, including:
- Building long-term relationships with Indigenous communities;
- Ensuring process is collaborative with the Crown (as represented by the Agency) and the Proponent; and
- Ensuring engagement is not limited to established Treaty rights, and Section 35 of the Constitution Act, 1982
4. Indigenous Communities
The Agency identified the following lists of communities that may be potentially impacted by the Project. This includes communities where the Project may adversely impact the exercise of Aboriginal or Treaty rights of Indigenous peoples of Canada as recognized and affirmed in section 35 of the Constitution Act, 1982 and also Indigenous peoples with asserted rights where an assessment of effects under section 22 of the Act may be required. This list is based on information available in the Government of Canada's Aboriginal and Treaty Rights Information System, as well as information shared by Indigenous communities during initial meetings and throughout the Planning phase.
Although the impact assessment process is not a rights-determination process, the Crown acknowledges that the content and extent of the duty to consult and, where appropriate, accommodate varies according to the nature of the rights (established or potential) and the severity of the Project's potential impact on these rights. The Agency's assessment of the extent of the duty to consult and, where appropriate, accommodate is at its preliminary phase. The Agency wishes to complete this exercise in collaboration with Indigenous communities during the Impact Statement phase.
4.1 Crown consultation list of Indigenous communities
The Crown will consult with Indigenous communities listedFootnote 3 below to understand the concerns and potential impacts of the project on their exercise of potential or established Aboriginal or Treaty rights, including where an assessment of effects under section 22 of the Act may be required and, where appropriate, make accommodations. These consultations will comprise an integral part of the work that will support the assessment of the Project.
- Alexander First Nation
- Alexis Nakota Sioux Nation
- Beaver Lake Cree Nation
- Blood Tribe (Kainai Nation)
- Buffalo Lake Métis Settlement
- Chipewyan Prairie Dene First Nation
- Elizabeth Métis Settlement
- Enoch Cree First Nation
- Ermineskin Cree Nation
- Fishing Lake Métis Settlement
- Fort McMurray First Nation
- Kehewin Cree Nation
- Kikino Métis Settlement
- Lac Ste. Anne (Gunn) Métis Local
- Louis Bull Tribe
- Métis Nation of Alberta – Regional Zone 4 (Edmonton)
- Montana First Nation
- O'Chiese First Nation
- Paul First Nation
- Piikani Nation
- Saddle Lake Cree Nation
- Samson Cree Nation
- Sunchild First Nation
- Siksika Nation
- St. Albert/Sturgeon County Métis Local 1904
- Stoney Nakoda Nations
- Tsuut'ina Nation
- Whitefish (Goodfish) Lake First Nation #128
4.2. Crown list of additional Indigenous communities to be engaged
The Crown will engage with Indigenous communities listedFootnote 3 below to understand the concerns and potential impacts where an assessment of effects under section 22 of the Act may be required, including as appropriate potential impacts on Aboriginal or Treaty rights.
- Cold Lake First Nation
- Descendants of Michel
- Foothills Ojibway First Nation
- Friends of Michel First Nation
- Kelly Lake First Nation
- Papaschase First Nation
5. Engagement and Consultation Tools, and Methods
Due to Covid-19, the Agency intends to plan virtual meetings until in-person meetings are deemed appropriate. Any in-person meetings would happen in accordance with local and provincial health guidelines, and would only occur at the request of, and with consent from, the Indigenous community.
The following is a list of tools and methods identified by the Agency and Indigenous communities during the Planning phase to ensure meaningful consultation in the impact assessment process, including:
- Providing funding under the Participant Funding Program (https://www.canada.ca/en/impact-assessment-agency/services/public-participation/funding-programs.html) to support Indigenous communities in participating in the impact assessment process;
- Providing clear information on available funding, impact assessment process timelines, and the workload expected of Indigenous communities to ensure meaningful participation and consultation;
- Communicating with Indigenous communities in an ongoing, open, and transparent manner;
- Consideration of cultural needs including seasonal issues (e.g. harvesting, hunting) and cultural protocols (e.g. offering tobacco and providing gifts) and spiritually (opening prayers);
- Hold technical meetings with Indigenous communities and the proponent and/or key expert authorities to support Indigenous communities' technical review of key documents and participation throughout the impact assessment while considering timelines and capacity of Indigenous communities;
- Providing reasonable time for in-community visits, as appropriate;
- Establishing requirements for diverse participation (e.g. accessibility of meeting locations, timing of meetings, transportation);
- Providing individualized and/or group training on the impact assessment process and how to effectively participate in the process, including offering the Agency's Level 1 and Indigenous-focused Level 2 training;
- Providing translators and/or interpreters to support meetings between Indigenous communities and the Crown; and
- Providing user-friendly summaries of key documents, fact sheets, infographics, PowerPoint tools, booklets, and audio-visual materials.
In addition, the Agency will explore opportunities for:
- Translating key high-level summary documents whenever reasonably possible;
- Accommodating communication and consultation processes according to the communities' schedule, where possible; and
- Workshop formats to discuss key documents through the impact assessment process, where appropriate.
The Agency will work bilaterally with individual Indigenous communities on items not listed above, in the development of an Indigenous community-specific consultation work plan, as appropriate.
6. Engagement and Consultation Approach
Table 6.1, below, provides a description of the main phases in the impact assessment process and an explanation as to how the Agency, on behalf of the federal Crown, proposes to engage and consult with Indigenous communities during each phase. This table describes objectives of each phase and engagement methods proposed throughout the impact assessment process.
Prior to the determination that an impact assessment was required, the Agency consulted with Indigenous communities on the Project Description and prepared the Summary of Issues. Subsequently, the Agency provided the Summary of Issues to the proponent for preparation of the Detailed Project Description, including a response to the Summary of Issues. The Agency included the key issues identified by Indigenous communities in the Summary of Issues, and directed the proponent to refer back to the Indigenous community submissions to ensure they use the appropriate context and intent of the comments in their response. The Agency also sought input from Indigenous communities for the development of the Tailored Impact Statement Guidelines (Guidelines) and the IEPP.
Specific Indigenous communities to whom the Crown owes a duty to consult and who wish to work with the Agency to identify consultation activities beyond those included within this IEPP are welcome to express their interest in an Indigenous community-specific consultation work plan during the Impact Statement phase. The Agency will work with Indigenous communities to develop community-specific consultation work plans, as needed. Table 1 provides a high-level list of approaches and activities that will be undertaken.
|
Process Phase |
Objectives of the Phase |
Expected Activities (Agency/Other Jurisdiction/Proponent) |
Indigenous Engagement Tools |
Timelines |
|---|---|---|---|---|
|
Planning |
|
|
Comment period Virtual engagement meetings Provision of documents |
Comment period April 15 – May 17, 2021 End of Planning Phase – June 25, 2021 Virtual sessions as needed |
|
Impact Statement |
|
|
In-person information session, if able Virtual engagement meetings Further items to be determined |
To be determined |
|
Impact Assessment |
|
|
Online Comment period on draft Impact Assessment Report Consider collaboratively developing portions of the IA report with involved nations |
- |
|
Decision-Making |
|
|
- | - |
|
Post–Impact Assessment Decision Phase |
|
|
Online Comment period on potential amendments to Decision Statement |
- |
* All comments received throughout Indigenous engagement and consultation activities will be made publicly available on the Agency's Impact Assessment Registry site at https://iaac-aeic.gc.ca/050/evaluations/index?culture=en-CA. A summary of comments received will also be included in the Impact Assessment
7. Participant Funding
During the Planning phase, Indigenous communities received grant funding to support their comments on the Initial Project Description, the draft Guidelines, and the draft IEPP. Funding is also available to support Indigenous communities to participate throughout the impact assessment process. The opportunity to submit applications for funding will be made available to the Indigenous communities during the Impact Statement phase. These participant-funding opportunities will support the Indigenous communities to comment on the proponent's Impact Statement and the Impact Assessment Report, including the draft Consultation and Accommodation Report and potential conditions.
For information about the activities that are eligible for funding or to apply for funding please see the National Program Guidelines and application on the following page https://www.canada.ca/en/impact-assessment-agency/services/policy-guidance/participant-funding-program-national-program-guidelines.html.
8. Federal Agencies' Roles and Responsibilities
The draft Permitting Plan issued at the end of the Planning phase describes the permits and authorizations that may be required for the Project to proceed.
Federal authorities identified in the draft Permitting Plan as well as those with additional expert advice (Fisheries and Oceans Canada, Transport Canada, Environment and Climate Change Canada, Natural Resources Canada, Indigenous Service Canada – First Nation and Inuit Health Board, Employment and Social Development Canada, Health Canada, Parks Canada, and Department for Women and Gender Equality) will engage as needed with the Agency, proponent, Indigenous communities and other parties to clarify information requirements related to its specialist or expert information and knowledge. Throughout the impact assessment process, federal authorities may also review and analyze the proponent's Impact Statement and the review panel Report; support and participate in the Agency's Crown consultation activities; and support the Agency and Indigenous communities in understanding, assessing and addressing impacts on the exercise of Aboriginal and Treaty rights.
9. How to submit comments
Comments may be submitted during the process by using the "Submit a comment" feature on the Project's page on the Public Registry (reference number 81148, at https://iaac-aeic.gc.ca/050/evaluations/proj/81148?culture=en-CA). Attachments can be uploaded using this feature.
If you have any difficulties with the submission process, please contact the Agency, using the contact information below. Comments may also be submitted by email to IAAC.Heartland.AEIC@canada.ca or by regular mail.
Comments and other documents received by the Agency will form part of the Project record and will be posted on the Canadian Impact Assessment Registry website. The Agency's Submission Policy determines what information can be shared publicly and what information should remain private. For more information on how we protect your privacy, please refer to the Agency's Privacy Notice. If you do not want your comment to be posted on the Public Registry, please contact the Agency before submitting your comment.
If you have questions or need information, please contact:
Impact Assessment Agency of Canada
Prairie and Northern Regional Office
Canada Place
9700 Jasper Avenue, Suite 1145
Edmonton, AB T5J 4C3
Tel.: 780-495-2037
Fax: 780-495-2876
Email: IAAC.Heartland.AEIC@canada.ca
Document Reference Number: 51