Indigenous Engagement and Partnership Plan
Impact Assessment of the Suncor Base Mine Extension Project
Document Reference Number: 139
January 4, 2022
UPDATED VERSION
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. Distinction between the Review Panel and the Crown Consultation Operations Team
- 7. Engagement and consultation approach
- 8. Participant Funding
- 9. Federal Agencies' roles and responsibilities
- 10. How to submit comments
1. Introduction
This document is an updated version of the Indigenous Engagement and Partnership Plan (IEPP) for the impact assessment of the Suncor Base Mine Extension Project ("the Project"). This updated version reflects changes to planned consultation activities for the Project. This IEPP replaces any previous plans, including the one released on May 31, 2021.
On August 7, 2020, the Impact Assessment Agency of Canada (the Agency) determined that an impact assessment is required for the Project, pursuant to Subsection 16(1) of Canada's Impact Assessment Act (the Act).
On January 28, 2021, the Agency announced that the Minister of Environment and Climate Change referred the impact assessment of the Project to an independent review panel, pursuant to the Act. Reasons contributing to the decision to refer to a review panel include the consideration of potential adverse environmental effects to fish and fish habitat, species at risk, migratory birds, and potential effects from greenhouse gas emissions. Other key considerations include potential impacts on the rights of Indigenous peoples, general public concern, and the opportunity to cooperate with the province of Alberta.
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 the IEPP in order to accommodate changes that may occur during the assessment process.
Throughout this IEPP, the terms "Indigenous community" or "Indigenous communities" refer to Indigenous peoples 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 other 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 Assessment and "consultation" refers to the Government of Canada's duty to consult, and, where appropriate, accommodate, on the potential adverse impacts of the Project on the exercise of Aboriginal and/or Treaty rights of the Indigenous peoples of Canada.
To complement this IEPP, interested Indigenous communities may develop community-specific consultation plans, in collaboration with the Agency, to describe the community's specific objectives for consultation, or any unique features of the impact assessment and consultation process pertaining to that community.
The Agency developed a separate Public Participation Plan to describe how the Agency plans to engage with the public during the impact assessment process.
2. Description of the proposed Project
Suncor Energy Inc. (the proponent) is proposing to develop the Project to sustain the supply of bitumen to the existing upgraders at the proponent's Oil Sands Base Plant operation (Base Plant). The Project includes an open pit mining operation and associated infrastructure that is required to supply oil sands to new bitumen froth production facilities and deliver bitumen froth by pipeline to the existing Base Plant facilities where further processing occurs, including upgrading into various product blends for market. The Project would be located adjacent to existing Base Plant operations, approximately three kilometres north of Fort McMurray, Alberta, within the Regional Municipality of Wood Buffalo. If approved, Project construction is expected to start in 2026 and the footprint is anticipated to be approximately 30,000 hectares.
For more information on the impact assessment of the Suncor Base Mine Extension Project 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/80521?culture=en-CA.
3. Objectives of Indigenous engagement and partnership
Impact Assessment Agency of Canada's objectives:
- Conduct meaningful Crown consultation on the potential positive and adverse effects (direct, indirect, cumulative, residual 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 by referring to the Indigenous Knowledge Framework and guidance documents;
- Meaningfully engage with Indigenous communities throughout the impact assessment process with opportunities to provide comments on key documents,the engagement process and, if necessary, submit information requests;
- Engagement 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 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;
- Provide meaningful opportunities for collaboration with Indigenous communities on specific elements of the impact assessment as identified by Indigenous communities. This may include, where appropriate, collaboration with Indigenous communities on community developed methodology or processes to assess the impact of the Project on Aboriginal or Treaty rights; and
- Conduct meaningful consultation with Indigenous communities on measures to avoid, mitigate or minimize potential adverse impacts of the Project on Aboriginal and Treaty rights.
Objectives identified by Indigenous communities during the Planning phase:
During the Planning phase, some Indigenous communities identified values and objectives for Indigenous consultation for this Project. The Agency summarizes these as:
- Consultation needs to be early and meaningful. Where appropriate, accommodation for adverse impacts on the exercise of Aboriginal or Treaty rights due to the Project would need to be considered. Additional consultation objectives which would add to the meaningfulness of consultations include:
- Engaging communities in detailed discussions regarding all aspects of the Project;
- Providing communities sufficient time to engage with community members regarding the Project;
- When possible, the proponent organizes face-to-face meetings with communities to provide a general overview of the Project;
- Identifying both positive and negative Project effects (including jobs and training); and
- Respecting diverse roles of Indigenous communities within the Project area.
- Consultation needs to respect community and or cultural protocols;
- Communication needs to be open and transparent, including:
- Distributing project updates regularly via email throughout the impact assessment phases and milestones;
- Scheduling meetings to accommodate community schedules; and
- Having face-to-face meetings only where appropriate and in keeping with local and provincial health guidelines;
- Evidence needs to be provided to demonstrate that Project design, mitigation measures, Crown actions and decisions are informed through broad and ongoing consultation with Indigenous communities, including:
- Potential impacts to Aboriginal and Treaty rights assessment;
- Community concerns, interests and traditional values;
- Community health and well-being, and social conditions; and
- Cumulative effects assessment.
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.
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, the Agency supports this commitment. In addition to the IEPP, the Agency plans to engage Indigenous organizations that have indicated an interest in the impact assessment process using the engagement tools and methods outlined in the Public Participation Plan.
4.1. Crown consultation list of Indigenous communities
The Crown will consult with Indigenous communities listedFootnote1 below to understand the concerns and potential impacts of the project on their exercise of potential or established Aboriginal or Treaty rights and, where appropriate, make accommodations. These consultations will comprise an integral part of the work that will support the assessment of the Project.
- Athabasca Chipewyan First Nation
- Athabasca Landing Métis Community Association
- Bigstone Cree Nation
- Chard Métis Community Association
- Chipewyan Prairie First Nation
- Deninu K'ue First Nation
- Fort Chipewyan Métis Local #125
- Fort McKay First Nation
- Fort McKay Métis Nation
- Fort McMurray #468 First Nation
- Fort McMurray Métis #1935
- K'atl'odeeche First NationFootnote2
- Lakeland Métis Community Association
- Little Red River Cree Nation
- Métis Nation of Alberta – Region 1
- Mikisew Cree First Nation
- Owl River Métis Community
- Salt River First Nation
- Smith's Landing First Nation
- Whitefish Lake First Nation #459
- Willow Lake Métis Association
4.2. Crown list of additional Indigenous communities to be engaged
The Crown will engage with Indigenous communities listedFootnote3 below to understand the concerns and impacts where an assessment of effects under section 22 of the Act may be required.
- Driftpile Cree Nation
- Buffalo Lake Métis Settlement
- East Prairie Métis Settlement
- Fort Resolution Métis Council
- Fort Smith Métis Council
- Gift Lake Métis Settlement
- Hay River Métis Council
- Heart Lake First Nation
- Kikino Métis Settlement
- Louis Bull Tribe
- Métis Local 1954 Touchwood Lake/Big Bay Area
- Métis Local 2002 Buffalo Lake
- Métis Local 2097 Lac La Biche
- Peavine Métis Settlement
- Original Fort McMurray/Fort McKay Band
- Society/Clearwater River Band #175
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;
- Considering cultural needs including seasonal issues (e.g., harvesting and hunting periods) and cultural protocols (e.g. offerings, such as tobacco) and spirituality (opening prayers);
- Following community consultation policies or protocols in consultation activities, to the extent possible;
- Establishing clear processes for identifying and designing accommodation measures, as applicable;
- Holding technical meetings with Indigenous communities and the proponent and/or expert authorities to support Indigenous communities' technical review of key documents and participation throughout the impact assessment process 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 Level 2 training;
- Providing translators and/or interpreters to support meetings between Indigenous communities and the Crown; and
- Providing summaries of key documents, fact sheets, infographics, PowerPoint tools, booklets, and audio-visual materials in plain language and in an accessible format.
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. Distinction between the Review Panel and the Crown Consultation Operations Team
In an impact assessment process involving a Review Panel, the Crown conducts its Consultation activities in parallel to the review panel process. Once the Review Panel is established:
- Members of the Crown Consultation team can not exchange information with the review panel, other than through the review panel process in a manner consistent with all other participants;
- Review Panel Team and Crown Consultation team will invite Indigenous communities to participate in the review panel and consultation processes, which are conducted in parallel. The Crown Consultation team will make efforts to avoid duplication and ensure an efficient process while ensuring that the Review Panel receives the necessary information from each party to allow the Review Panel to meet their mandate.
- The Review Panel will prepare the Impact Assessment Report. The Crown Consultation team will prepare the Crown Consultation and Accommodation Report collaboratively with interested Indigenous communities. The decisions of the Minister or the Governor-in-Council will take into account both documents.
7. Engagement and consultation approach
The table 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 received input from Indigenous communities and finalized 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 the proposed approaches and activities.
Expected Agency or Review Panel activities |
Expected Indigenous communities' participation/activities |
Engagement and consultation method |
Phase 1: Planning Objectives
Timeline: 180 days excluding any timeline suspension or extension |
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*Face-to-face meetings occur only where appropriate and in keeping with local and provincial health guidelines, and when agreed to by all parties |
Phase 2 – Impact Statement Objectives:
Timeline: 3 years max |
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*Face-to-face meetings occur only where appropriate and in keeping with local and provincial health guidelines, and when agreed to by all parties |
Phase 3 – Impact Assessment Objectives
Timeline: Up to 600 days unless the Agency determines additional time is required to cooperate with the Alberta Energy Regulator |
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*Face-to-face meetings occur only where appropriate and in keeping with local and provincial health guidelines, and when agreed to by all parties **A summary of comments received will also be included in the Panel Report |
Phase 4 – Decision Objectives
Timeline: 90 days |
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Phase 5 – Post-Decision Objectives: if the project is approved
Timeline: Ongoing |
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8. 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 review panel 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, see the Funding Program and application forms on the following page https://www.canada.ca/en/impact-assessment-agency/services/public-participation/funding-programs.html.
9. Federal Agencies' roles and responsibilities
The 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 Plan as well as those with additional expert advice (Crown-Indigenous Relations and Northern Affairs; Economic and Social Development Canada; Health Canada; Indigenous Services Canada; Infrastructure Canada; Innovation, Science and Economic Development Canada; and 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.
The Agency is the Crown Consultation Coordinator for the purpose of streamlining the impact assessment process. The Agency has collaborated and will continue to collaborate with all federal authorities and use their expertise throughout all impact assessment phases.
10. How to submit comments
Until the Review Panel closes the record for the impact assessment, 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 80521, at https://iaac-aeic.gc.ca/050/evaluations/proj/80521?culture=en-CA). Attachments can be uploaded using this feature.
If you have any difficulties with the submission process, please contact the Agency or the Review Panel's secretariat (following the establishment of the Review Panel), using the contact information below. Comments may also be submitted by email to basemine-minebase@iaac-aeic.gc.ca or by regular mail.
Comments and other documents received by the Agency or Review Panel 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 – Suncor Base Mine Extension Project
160 Elgin Street, 22nd Floor, Ottawa ON K1A 0H3
Tel.: 613-957-0700
Toll free: 1-866-582-1884
Email: basemine-minebase@iaac-aeic.gc.ca