Participant Funding Program – Aboriginal Funding Envelope
Revised Funding Review Committee's Report

Allocation of Federal Funds for the Environmental Assessment of the New Prosperity Gold-Copper Mine Project

Part I

The Participant Funding Program (PFP) is established pursuant to subsection 58(1.1) of the Canadian Environmental Assessment Act (the Act), which states: For the purposes of this Act, the Minister shall establish a participant funding program to facilitate the participation of the public in comprehensive studies, mediations and assessments by review panels. The PFP also includes an Aboriginal Funding Envelope (AFE) to strengthen the ability of Aboriginal groups to participate in federal or joint federal-provincial environmental assessment (EA) processes and in related consultation activities.

A Funding Review Committee (FRC) independent of the EA was established for the New Prosperity Gold-Copper Mine Project (the Project). The EA of the Project is being conducted by means of a federal review panel. The FRC's purpose was to assess funding applications received under the PFP – AFE for the proposed project, and to provide recommendations to the President of the Canadian Environmental Assessment Agency (the Agency) on whether funding should be provided, and if so, in what amount.

Under the AFE for this project, a total of $166,600 was made available to support Aboriginal participation in the EA, and related consultation and community engagement activities linked to the:

• review and comment on the Environmental Impact Statement (EIS) Guidelines;
• review and comment on the Panel's Terms of Reference (TOR);
• review and comment on the EIS Summary or the EIS; and
• preparation for and participation in the review panel's hearings.

The deadline to submit an application was December 19, 2011. One application was received requesting a total of $27,800. Another application was transferred from the Regular Funding Envelope.

On January 3, 2012, the FRC met to review the applications. The FRC members were: Mr. Bruce Young, retired Director of Panel Management with the Agency, acting as FRC Chairperson; Mr. Jeff Gilmour, Environmental Assessment Consultant; and Mr. Patrick Duxbury, Environmental Assessment Consultant.

Background

The Project consists of an open-pit mine development and a 70,000-tonne per day concentrator facility with an average annual production of 108 million pounds of copper and 247 thousand ounces of gold production over a 20-year mine life. The project mine site, which includes the open pit, concentrator facility, support infrastructure, and associated tailings and waste rock areas, is approximately 125 kilometres (km) southwest of Williams Lake, British Columbia. The Project also includes an approximately 125-km power transmission line corridor, an existing concentrate load-out facility at Macalister, British Columbia, and existing access from Williams Lake with the construction of 2.8 km of new mine road.

Eligibility

Under the PFP – AFE, funding may be provided to Aboriginal applicants to support their input to an EA and/or to support their engagement in consultation activities with the federal government. These activities must be linked to the EA of a proposed project through a comprehensive study, mediation or review panel.

Eligible recipients must plan to engage in Aboriginal consultation activities with the federal government that are linked to the EA of the proposed project and be able to demonstrate that they meet at least one of the following eligibility criteria:

• Have a direct, local interest in the Project, such as living or owning property in the project area;
• Have community knowledge or Aboriginal traditional knowledge relevant to the EA; or
• Have expert information relevant to the anticipated environmental effects of the Project.

The applicants were deemed to have met the eligibility criteria.

Under the PFP – AFE, applicants can request funding for costs related to:

• professional fees;
• staff salaries and benefits;
• travel expenses;
• honoraria for Elders and Chiefs to attend meetings and functions;
• ceremonial offerings related to receiving traditional knowledge in relation to the EA;
• administrative and reporting costs;
• local collection and/or distribution of information;
• office supplies and telephone charges;
• rental of office space and meeting rooms;
• legal fees;
• general media advertising and/or promotion;
• purchase of information material, with supporting documentation; and
• other detailed expenses.

Rationale for Allocation

In reviewing the applications and in reaching its conclusions and recommendations, the FRC took into consideration a number of factors, including the following:

• Whether Aboriginal groups could demonstrate that they plan to engage in Aboriginal consultation activities with the federal government that are linked to the EA of the proposed project.
• The ability of the Aboriginal groups to demonstrate that they had met one or more of the eligibility criteria listed above.
• The quality, clarity and content of the application, particularly with respect to the relationship between specific project components and the applicant's traditional lands and resources, and the applicant's proposed EA participation work plan.
• Advice received from the Agency regarding which Aboriginal groups are expected to be participants in the EA, and the role that these groups may play in the review.
• The eligible activities under the PFP – AFE for the Project, which include reviewing and commenting on the Panel's TOR, the EIS Guidelines and the EIS Summary or the EIS, and preparing for and participating in the review panel's hearings.
• The maximum amount of funds available for the applicant under the AFE for this project.

Recommendation

The FRC recommends allocating $46,800 to support the two applicants as follows:

• $19,000 to Métis Nation British Columbia
• $27,800 to the Esketemc First Nation

The FRC further recommends that any funding allocation be conditional on the applicants providing written comments to the Agency on the Panel's TOR, the EIS Guidelines and the EIS Summary or the EIS, and providing written and/or oral comments to the review panel.

The Funding Review Committee
New Prosperity Gold-Copper Mine Project
Aboriginal Funding Envelope

____________________________________________________
Bruce Young, Committee Chairperson, retired Director of Panel Management with the Agency

____________________________________________________
Jeff Gilmour, Environmental Assessment Consultant

____________________________________________________
Patrick Duxbury, Environmental Assessment Consultant

Recommended Participant Funding Allocations
New Prosperity Gold-Copper Mine Project
Aboriginal Funding Envelope

Applicant	Total Allocation Amount Recommended
Métis Nation British Columbia	$19,000
Esketemc First Nation	$27,800
TOTAL	$46,800

Part II

The Participant Funding Program (PFP) is established pursuant to subsection 58(1.1) of the Canadian Environmental Assessment Act (the Act), which states: For the purposes of this Act, the Minister shall establish a participant funding program to facilitate the participation of the public in comprehensive studies, mediations and assessments by review panels. The PFP also includes an Aboriginal Funding Envelope (AFE) to strengthen the ability of Aboriginal groups to participate in federal or joint federal-provincial environmental assessment (EA) processes and in related consultation activities.

A Funding Review Committee (FRC) independent of the EA was established for the New Prosperity Gold-Copper Mine Project (the Project). The EA of the Project is being conducted by means of a federal review panel. The FRC's purpose was to assess funding applications received under the PFP – AFE for the proposed project, and to provide recommendations to the President of the Canadian Environmental Assessment Agency (the Agency) on whether funding should be provided, and if so, in what amount.

Under the AFE for this project, a total of $166,600 was made available to support Aboriginal participation in the EA, and related consultation and community engagement activities linked to the:

• review and comment on the Environmental Impact Statement (EIS) Guidelines;
• review and comment on the Panel's Terms of Reference (TOR);
• review and comment on the EIS Summary or the EIS; and
• preparation for and participation in the review panel's hearings.

The deadline to submit an application was December 19, 2011, with an extension to February 14, 2012. Two applications were received requesting a total of $461,469.

On February 15, 2012, the FRC met to review the applications. The FRC members were: Mr. Bruce Young, retired Director of Panel Management with the Agency, acting as FRC Chairperson; Mr. Jeff Gilmour, Environmental Assessment Consultant; and Mr. Patrick Duxbury, Environmental Assessment Consultant.

Background

The Project consists of an open-pit mine development and a 70 000-tonne per day concentrator facility with an average annual production of 108 million pounds of copper and 247 thousand ounces of gold production over a 20-year mine life. The project mine site, which includes the open pit, concentrator facility, support infrastructure, and associated tailings and waste rock areas, is approximately 125 kilometres (km) southwest of Williams Lake, British Columbia. The Project also includes an approximately 125-km power transmission line corridor, an existing concentrate load-out facility at Macalister, British Columbia, and existing access from Williams Lake with the construction of 2.8 km of new mine road.

Eligibility

Under the PFP – AFE, funding may be provided to Aboriginal applicants to support their input to an EA and/or to support their engagement in consultation activities with the federal government. These activities must be linked to the EA of a proposed project through a comprehensive study, mediation or review panel.

Eligible recipients must plan to engage in Aboriginal consultation activities with the federal government that are linked to the EA of the proposed project and be able to demonstrate that they meet at least one of the following eligibility criteria:

• Have a direct, local interest in the Project, such as living or owning property in the project area;
• Have community knowledge or Aboriginal traditional knowledge relevant to the EA; or
• Have expert information relevant to the anticipated environmental effects of the Project.

The applicants were deemed to have met the eligibility criteria.

Under the PFP – AFE, applicants can request funding for costs related to:

• professional fees;
• staff salaries and benefits;
• travel expenses;
• honoraria for Elders and Chiefs to attend meetings and functions;
• ceremonial offerings related to receiving traditional knowledge in relation to the EA;
• administrative and reporting costs;
• local collection and/or distribution of information;
• office supplies and telephone charges;
• rental of office space and meeting rooms;
• legal fees;
• general media advertising and/or promotion;
• purchase of information material, with supporting documentation; and
• other detailed expenses.

Rationale for Allocation

In reviewing the applications and in reaching its conclusions and recommendations, the FRC took into consideration a number of factors, including the following:

• Whether Aboriginal groups could demonstrate that they plan to engage in Aboriginal consultation activities with the federal government that are linked to the EA of the proposed project.
• The ability of the Aboriginal groups to demonstrate that they had met one or more of the eligibility criteria listed above.
• The quality, clarity and content of the application, particularly with respect to the relationship between specific project components and the applicant's traditional lands and resources, and the applicant's proposed EA participation work plan.
• Advice received from the Agency regarding which Aboriginal groups are expected to be participants in the EA, and the role that these groups may play in the review.
• The eligible activities under the PFP – AFE for the Project, which include reviewing and commenting on the Panel's TOR, the EIS Guidelines and the EIS Summary or the EIS, and preparing for and participating in the review panel's hearings.
• The maximum amount of funds available for the applicants under the AFE for this project.

Recommendation

The FRC recommends allocating $138,800 to support the two applicants as follows:

• $27,800 to the Canoe Creek Indian Band
• $111,000 to the Tsilhqot'in National Government

The FRC further recommends that any funding allocation be conditional on the applicants providing written comments to the Agency on the Panel's TOR, the EIS Guidelines and the EIS Summary or the EIS, and providing written and/or oral comments to the review panel.

The Funding Review Committee
New Prosperity Gold-Copper Mine Project
Aboriginal Funding Envelope

____________________________________________________
Bruce Young, Committee Chairperson, retired Director of Panel Management with the Agency

____________________________________________________
Jeff Gilmour, Environmental Assessment Consultant

____________________________________________________
Patrick Duxbury, Environmental Assessment Consultant

Recommended Participant Funding Allocations
New Prosperity Gold-Copper Mine Project
Aboriginal Funding Envelope

Applicant	Total Allocation Amount Recommended
Canoe Creek Indian Band	$27,800
Tsilhqot'in National Government	$111,000
TOTAL	$138,800