2018 SEP 1 P 03 September 7,2010 VIA FACSIMILE: (403) NE B / U

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1 Enbridge Sep :32PM SFN Ec 3EV LAbS o, 9978 P SEP 1 P 03 September 7,2010 VIA FACSIMILE: (403) NE B / U Joint Review Panel Enbridge Northern Gateway Project 444 Seventh Ave. S.W., 2 Fir. Calgary, AB T2P 0X8 1*: Attention: Anne-Marie Erickson, Secretary to the Joint Review Panel Dear Sirs/Mesdames: Re: Joint Review Northern Gateway Project Comment The following comments provided by Saultean First Nations ( Saulteau ) are preliminary and only pertain to the Procedural Direction provided by the Northern Gateway Project Joint Review Panel (the Panel ). Saulteau treaty and traditional territory will be negatively impacted by the proposed oil and condensate pipelines. This is significant since the proposed 1km wide right-of-way for the pipelines will cross rich and diverse habitat integral to our economy and our cultural and spiritual well-being. Saulteau is not satisfied with the environmental assessment (the BA ) and Panel process associated with the Enbridge Northern Gateway Project (the Project ), or with the amount of funding provided by the Canadian Environmental Assessment Agency. The funding provided will not allow for our full involvement in the environmental assessment (the BA ) process that approaches adequate consultation or accommodation in respect of the LA. Nonetheless, Saulteau will participate to the extent that we can with the limited funding provided. 1.0 DRAFT LIST OF ISSUES Need for the Proposed Project 1.1 Alternatives for the Project must be fully considered, ineluding a no action alternative. 1.2 Can the proponent increase capacity in its existing oil transportation facilities? If the proponent can increase capacity in its existing oil transportation facilities SEP : me 1278 SSX P.002

2 Sep :33PM SN Ec DEV LANbS Ko P. 3 instead of constructing new transportation facilities that will adversely impact pristine environments then there is no need for the Project. Potential Impatts of the Proposed Project 1.3 There will be numerous, severely adverse potential impacts on Saulteau s constitutionally protected rights and interests. These rights and interests include, inter alia: i) Treaty hunting, trapping and fishing rights; ii) medicinal plant harvesting rights; iii) economic interests; iv) spiritual and cultural activities and practices; v) archaeological and cultural artifacts; vi) traditional teachings; vii) wildlife population augmentation; and viii) Treaty Land Entitlement - right to land vis-k-vis land selection, The answer to the question: what are the potential impacts on Sauiteau s interests is extremely encompassing and cannot be justifiably answered within the scope of this response to the Procedural Direction. Environmental Effects 1.4 The potential effects on environmental and socio-economic matters will be adverse and catastrophic. 1.5 The recent environmental disasters in the Gulf of Mexico from British Petroleum s undersea welihead blowout, along with Enbridge s 19,500 barrel oil spill from a pipeline failure on its Lalcehead System in Michigan are reminders that systems failure, and human error, can create environmental catastrophes. Incidents such as these are indicators that greater and broader environmental diligence is required on Projects such as these. 1.6 The scope of the BA requires expansion to include tar sands extraction activities and environmental effects caused by such activities. These in themselves, as noted below, can be cause for environmental and wildlife disasters. 1.7 In terms of pipeline failure, sensitive and challenging terrain would be impacted. This may affect the proponent s bottom line for perhaps two or three fiscal years. However, the pipeline rupture or marine terminal failure may negatively impact sensitive ecosystems that Saulteau and other First Nations depend on. These negative impacts may affect Saulteau for generations. A plan to deal with potentially negative environmental effects needs to be put in place. The plan must address the social, economic, and cultural attributes of Saulteau. SEP : SSX P.003

3 Sep. 7. 2U10 3:33PM SEN Ec EV LANbS No, 9978 P In addition, the proposed pipeline would create habitat loss and fragmentation for threatened species such as caribou. The Court in West Moberly First Nation v. British Columbia (ChiefInspector ofmines), 2010 BCSC 359 held that the Crown, in consultation with the affected First Nation, was to expeditiously put in place, within a reasonable period, an active plan for the protection and augmentation of a threatened caribou herd impacted by industrial activity licensed by the Crown. 1.9 As a result common law instructs that the Crown, as represented by the NEB, is required to implement a an active plan for the protection and augmentation of threatened caribou that will likely be negatively impacted by the proposed pipeline which assists in the Crown meeting its constitutional obligations to Saulteau. Design, Construction and Operation 1.10 There is insufficient information concerning the alternatives considered for the proposed Project. This results in a comparative analysis that is wanting in terms of examining alternatives to the Project The proponent s consultation program is neither meaningifil nor adequate. Saulteau recommends that the proponent and the Panel examine, consider and apply Saulteau s Preliminary Consultation and Accommodation Guidelines (the Preliminary Consultation Guidelines ) so that both the proponent and the Crown, as represented by the National Energy Board (the NEB ), meet consultation and accommodation obligations. The Preliminary Consultation Guidelines are attached On July 31, 2010, concerning Enbridge s Michigan oil spill, the U-S. Environmental Protection Agency (the U.S. EPA ) wrote to Enbridge indicating that the agency disapproved eight (8) initial response pians meant to mitigate the pipeline failure and spill. This is direct evidence that the Proponent lacks the capacity to safely build and operate the proposed facilities, especially in the range of the challenging physical conditions of the Rocky and Coastal Mountains, compared to the terrain in the Great Lakes area. Safety, Mitigation and Prevention Please refer to the cormnents below concerning Pipeline Safety Spill Response. Terms and Conditions Ralph Dollhopf Federal On-Scene Coordinator and Incident Commander, U.S. EPA, Region 5. Re: US. EPA Novice ofdisapproval ofenbridge Energy Partners submissions in response to the Removal Administration Order issued by US. EPA on July 2? 2010 pursuant to s. 311(c) of the Clean Water Act in Docket Na twa July 31,2010. <online:> htm://www.epaov/enbridespiudfs/enbridn disaunroval notice I.ndf SEP : SX P.004

4 Sep :33PM SEN Ec EV LAOS No, 9978 P The proponent must consult to accommodate Sauiteau for the numerous adverse impacts to Saulteau treaty and aboriginal rights. A sufficient and reasonable financial bond or security for environmental protection must be put in place. 2.0 Additional Information which Northern Gateway should file 2.1 While Saulteau recognizes the efforts of the NEB, through the Panel, as well as the proponent, to solicit First Nation and public input to analyze the potential environmental impacts of the Project, there are certain issues that have to be added to enhance the process. Broaden the Scope for the Purpose - Needs and Alternatives Sections 2.2 As noted above, the purpose and need, along with alternatives is unduly narrow in scope. A no-action alternative must be considered. By utilizing a narrow scope regarding the purpose and need for the Project, the proponent s application to the NEB does not fully appreciate other potential alternatives. While Saulteau acknowledges that the objective of the proponent s proposal is to construct a pipeline to transport oil from the Western Canada Sedimentary Basin ( WCSB ) to the British Columbia west coast for transport to foreign markets, Saulteau believes that the put-pose and need to which the Panel is responding to is broader. As a result, Saulteau recommends that the Panel cause the proponent to frame the purpose and need statement more broadly to allow for a robust analysis of options, including the no-action ltemative. 23 In evaluating the need for the Project and its alternatives, the analysis must include consideration of different oil demand scenarios over the Project life. This would ensure that the need for the Project is clearly demonstrated. This discussion must be expanded to include consideration of proposed and potential future changes to fuel economy standards and the potential for widespread use of fuelefficient technologies, advanced bioftiels and electric vehicles as well as how they may affect the demand for WCSB tar sands oil. Considerationfor Climate Change Commitments 2.4 It is important that a discussion on the environmental impacts of non-tar sands crude oil and tar sands oil be included. British Columbia and Canada have certain long-term commitments to climate change initiatives and this discussion would assist in terms of how these long-term commitments may be impacted. To that end, synergies must be developed between the Panel and organizations such as the Western Climate Initiative (regional) and the United Nations Framework for Climate Change (global) so that a further enhanced analysis of the climate change impacts occurs. The proponent declares that it has a global fuel energy delivery system. Therefore, a regional and global perspective on potential climate impacts must be included SEP : SSX P.005

5 Sep :33PM SFN Ec EV LANUS No P. 6 Enhanced GHG Emissions Analysis 2.5 As part of the climate change analysis required, greenhouse gas ( OHO ) emissions associated with pipeline construction itself along with the upstream tar sands oil extraction intended for this pipeline or downstream end use must be examined. 16 In order to fully disclose the reasonable foreseeable environmental impacts on western Caiiada for this pipeline we recommend that the discussion on GHG emissions be expanded to include, an estimate of the extraction-related GHG emissions associated with long-term importation of large quantities of tar sands oil from a dedicated source. 2.7 Extraction of WCSB tar sands crude oil is GHG-iritensive relative to other types of crude oil. An independent assessment of the annual well-to-tank emissions from the Project must be undertaken so that an estimate of the GHO emissions can be calculated and considered within the analysis of this Project. Because ORG emissions are easily calculated and are of interest to the public in terms of obtaining a complete picture of these emissions associated with the Project, it would be helpful to provide a quantitative estimate of such emissions. 2.8 In addition, to complement the OHO emissions calculations, the Panel must expand the discussion of alternatives or other means to mitigate the emissions. Further, the Panel must consider Project alternatives that could significantly reduce extraction-related GUG emissions. For instance, such alternatives could include deferring the Project until current efforts to reduce extraction-related OHO emissions through carbon capture and storage, new extraction technologies, or improved energy efficiency are able to lower 0110 emission levels closer to those of conventional crude oil. Pipeline Safety Spill Response 2.9 Based on the recent Enbridge oil spill in Michigan noted above, additional efforts to evaluate potential adverse impacts to surface and ground waters from pipeline leaks or spills, including adverse environmental impacts to domestic water supplies and source water protections areas are necessary For bitumen to be transported by the pipeline, it will be diluted or blended with condensate or an upgrading technology to convert the bitumen to synthetic crude oil- More information on the chemical characteristics or profile of the dilutent or the synthetic crude oil is required. Without this information, it is difficult to determine the fate and transport of any spilled or leaked oil or condensate in the aquatic and terrestrial environments. The PANEL must consider that the chemical nature of the dilutent may have serious implications for response as it may negatively impact the efficacy of traditional floating oil spill response equipment SEP : SeX P.006

6 Seo :33PM SFN Ec DEY LANUS Ne P. 7 or response strategies. Additionally, if disper5ants are to be employed in emergency spill situations, how and what type would be used? These scenarios have to be considered within the application A more complete chemical/physical profile of the crude oil and details describing the dilution or blending activities must be provided in order to more accurately predict potential impacts to the aquatic and terrestrial environments from a spill event. Additional information must be provided to describe the means by which small pipeline leaks would be detected and the timeframes over which a small leak may occur prior to detection and control, as well as the potential volume of oil or condensate that would be released before shut-off occurs. 112 A description must be provided of the proponent s financial assurances for potential liability in the event of a spill, including potential bond amounts that would be necessary to protect both human health and the environment. Migratory Birds 2.13 The potential impacts to migratory bird populations from WCSB tar sands oil extraction associated with the pipeline and ancillary facilities must be assessed. Analysis such as this would assist in ensuring that the purpose, or other sections of the Migratory Birds Convention Act 1994, s.c. 1994, c. 22 are complied with Saulteau is concerned about the fact that a significant amount of bitumen from the tar sands, estimated between 3 and 10%, cannot be recovered and ends up in tailings ponds. The bitumen mats on the smface of the tailings ponds can trap waterfowl that land on it and the birds will eventually sink with the bitumen. As bitumen contamination increases, birds lose buoyancy and the insulating effect of feathers. There is a loss of the feathers waterproofing, which leads to hypothermia or drowning. Birds will lose their ability to fly and a heavily oiled bird will almost certainly die Moreover, birds that attempt to preen from their feathers and those that forage on the shores of the tailings ponds may ingest bitumen which is toxic to them. Even a light oiling can interfere with a bird s reproductive abilities. Relatively small amounts of some petroleum products mayalso result in high levels of mortality for bird embryos. 3.0 Location for the Oral Hearings 3.1 Saulteau recommends that Fort St. John be selected as a location for the oral hearings. SEP : iee 1276 SSX P.007

7 Sep :34PS1 SF Ec DEY _ADS o, The above outlines some of Saulteaus preliminary comments associated with the proposed Project. We will have further detailed comments to the extent that the limited funding provided allows us. Sincerely, SAU 7,ATlONS f- Clii Harle Davis Attach: Preliminary Consultation Guidelines SEP j5: Th S9X P.000

8 Sep :34PM SF\ Ec )EV LANbS No P. 9 Saulteau First Nations Box 1020, Chetwynd, BC, VOC 1JO Main: (250) Fax: (250) SAULTEAU FIRST NATIONS CONSULTATION AND ACCOMMODATION POLICY PREAMBLE WHEREAS Saulteau First Nations has never ceded, surrendered or in any way relinquished Title or Rights to its traditional territory, ( Home LancEs ), and continues to hold title, exercise rights and jurisdiction and assert interests over its Home Lands; WHEREAS Saulteau First Nations has a strong prima Jack case of Aboriginal Title and Rights over its Home Lands, which the Crown has knowledge of, and is generally described and attached in Appendix A ; as Treaty WHEREAS Saulteau First Nations has entered into Treaty with Canada; known 8 Territory WHEREAS activities by the Crown or Third Parties within and/or adjacent to the traditional territory of Saulteau First Nations that may have impacts to its Home Lands are a serious infringement of Saulteau First Nations Aboriginal Title and Rights. WHEREAS Sauiteau First Nations is engaged in current negotiations in regards to Treaty Land Entitlement, therefore the Federal Crown promised to set aside a certain amount of land for the exclusive use of the Saulteau First Nations. THEREFORE Saulteau First Nations has developed the Saulteau First Nations Consultation and Accommodation Protocol to clearly define its expectations with respect to activities proposed by the Crown or Third Parties within and/or adjacent to its Home Lands and to clearly define the obligations of the Crown and Third Parties. 1.0 PURPOSE OF THIS POLICY 1.1 This document (the Policy ) sets out Sauheau First Nations expectations with respect to consultation and accommodation by the Crown, industry and other Third Parties that propose to undertake activities andfor make decisions that may infringe upon its Aboriginal Title and Rights. The Policy is designed to provide a SEP : SSZ P.002

9 Seø :34PM SEN Ec 0EV LANOS No P systematic approach to reconciling Saulteau First Nations pre-existing sovereignty with the assumed sovereignty of the Crown in relation to land and resources. 2.0 DEFINITIONS 2.1 In this document: (a) Activity means any legislation, regulation, policy, procedure, plan, tenure, grant, license, permit, restriction, amendment, approval, authorization, transfer, transaction, operation, or other activity, which may have an impact on Saulteau First Nations Aboriginal Title and other Aboriginal Rights in its Home Lands (b) Saulteau First Nations refers to the Saulteau First Nations, whose members are Aboriginal people, who are recognized as a band pursuant to the Indian Act, R.S. 1985, c. 1-5 and who are represented by their duly elected Chief and Council and are a part of Treaty 8 Territory, (c) Treaty Rights refers to those guarantees explicitly and implicitly agreed upon through the treaty process. Under the terms of treaties, First Nations peoples agreed to share the land in return for specific rights, Saulteau First Nations are under Treaty 8 Rights. Those leaders who provided signatures on the actual treaty document noted that they were not signing the treaty for themselves, but rather for the children of fi.iture generations. (d) Aboriginal Rights means practices, customs and traditions that are integral to the distinctive culture of the Saulteau First Nations members, and. which have their origins pre-contact as well as from section 35 of the Constitution Act, 1982, which recognizes and affirms the existing Aboriginal and Treaty Rights of the Aboriginal peoples of Canada. (e) Aboriginal Title means the right to exclusive use and occupation of the land held pursuant to that title for a variety of purposes, which need not be aspects of Aboriginal practices, customs and traditions integral to its distinctive culture. Aboriginal Title flows from the use and occupation by the Saulteau First Nations of Home Lands prior to British Columbia s assertion of sovereignty over the Home Lands, and Saulteau First Nations Law. It is a communally held proprietary interest in the land with an undeniable economic component. Aboriginal Title is based on the Saultean First Nations connection to the land, and encompasses: (i) the right to land itself and to choose the uses to which it is put; (ii) a right to the resources of the land; (iii) the right to self-governance and to exercise Saulteau First Nations customary law-making authority; (iv) the right to benefit economically from its Home Lands; SEP : Th SSX P.010

10 Sep :34PM SEN Ec DEY LANDS No P (v) an inherent conservation limiq lands held pursuant to Aboriginal Title cannot be used in a manner that is irreconcilable with the nature of the Saulteau First Nations attachment to those lands. Thus, Aboriginal Title does not encompass uses that would make it impossible for the thture generations of the Saulteau First Nations members to sustain themselves from the land; (vi) the right to protect and provide stewardship throughout its Home Lands; (vii) the right to pursue commercial opportunities within its Home Lands; (viii) the right to harvest the resources of its Home Lands for domestic purposes and for trade, barter and sale; and, (ix) an inescapable economic component such that fair compensation will ordinarily be required when Aboriginal Title is infringed. (f) Crown includes the Crown in right of Canada or the Crown in right of British Columbia, their cabinets, committees, ministries, crown corporations, local governments (municipalities and regional districts), agencies, employees and contracted agents, representatives and delegates, for the purpose of the duties of consultation and accommodation. (g) Policy means the Saulteau First Nations Consultation and Accommodation Policy. (h) Third Party means any individual, researcher, corporation, firm, municipality, regional district, industry, society or other non-governmental organization carrying on Activities in Saulteau First Nations Home Lands. 3.0 SCOPE OF TiffS DOCUMENT 3.1 This Policy applies to afl Activities of the Crown and Third Parties as defined in Section 2 Definitions. 3.2 This Policy is subject to periodic review by Saulteau First Nations and is in effect until further notice. 4.0 INTERPRETATION PRINCIPLES 4.1 The following conditions apply to the use of this Policy: (a) This Policy sets out the Saulteau First Nations minimum requirements for consultation and accommodation; SEP : S9X P.011

11 Sep. 7. 2CQ 3:34PM SFN Ec UEV LANS No P (b) Nothing in this Policy shall limit or take away from the Crown or Third Party s consultation and accommodation obligations pursuant to the Canadian Constitution, statute or common law; (c) This Policy does not acknowledge the scope or content of any jurisdiction of the Crown; (d) Nothing in this Policy shall constitute Saulteau First Nations endorsement of current or repealed legislation, regulations, policies, procedures or practices of Crown or the plans, policies, procedures or practices of Third Parties in Saulteau First Nations Home Lands (i) which Saulteau First Nations had no meaningful role in creating or administering; and (ii) which do not reflect an honourable reconciliation of pie-existing Saulteau First Nations jurisdiction with the Crown s asserted jurisdiction; (e) Nothing in this Policy shall be construed so as to prejudice any legal or other positions taken, or that may be taken by Saulteau First Nations in any court, tribunal or administrative proceedings, process, treaty negotiation or otherwise; (0 Nothing in this Policy shall be interpreted in a manner, which extinguishes or denies Saultean First Nations Aboriginal Title or Rights, within the meaning of sections 25 and 35 of the Constitution Ac4 1982, regardless of whether such title, rights or privileges are recognized, established or defined at the time of execution or implementation of this Policy; (g) Nothing in this Policy shall be construed so as to justi any infringement of Saulteau First Nations Title or Rights or to prevent or to limit the exercise of such Title or Rights; (h) Nothing in tins Policy shall be construed as conferring consent or providing approval of any past, existing, new or ongoing Activities within the Home Lands; and (i) This Policy is without prejudic& to Aboriginal Title and Rights, and to any future settlement of the land question that reconciles pie-existing Saultean First Nations sovereignty with the assumed sovereignty of the Crown. 5.0 CONSULTATION AND ACCOMMODATION 5.1 Underlying Principles. The following principles will inform the consultation and accommodation process regarding Lands: SEP : SeX P012

12 Sep :34PM SEN Ec EV LANDS o P (a) The Crown is required to consult with and accommodate Saulteau First Nations with respect to proposed Activities in Saulteau First Nations Home Lands, prior to any Crown decision to authorize or permit such Activities, and to follow this Policy in doing so. The duty to consult and accommodate includes the following core principles: (i) The duty to consult stems from the honour of the Crown, (ii) the duty arises if Crown decisions may potentially infringe Saulteau First Nations Title and Rights, and (iii) (iv) (v) (vi) if there is the potential that Aboriginal Title and Rights are infringed, accom.modation is required; the Crown cannot delegate its duty to Third Parties, although it may delegate some administrative aspects of that duty; consultation is an ongoing obligation of the Crown; and Saulteau First Nations can only engage in a consultation process where there is a meaningful opportunity with available resources. (b) (c) (d) (e) (f) At the discretion of Saulteau First Nations and the Crown, Third Parties may be required to participate in consultation at the operational level and to acconiniodate Saulteau First Nations but decision-making/approval authority remains at the govermnent-to-govemment level. The process of consulting with and accommodating Saulteau First Nations must be separate from other consultations by the Crown and Third Parties with interest groups, and cannot be displaced with any multi-broad [regional?] Saulteau First Nations consultation or public consultation. The Crown and Third Parties must come to the table with the willingness and mandate to be flexible. Sañlteau First Nations must have an opportunity to express its concerns and proposed alternatives in relation to a proposed Activity, and these concerns and proposed alternatives must be addressed and acconmiodated by Crown and Third Parties as set out in Section 12, below. Negotiations are required and must be in good faith, and all alternative options must be on the table including a no-activity option if this is the approach to acconmiodating Aboriginal Title and Rights required by Sauheau First Nations. (g) Consultation must occur at all stages in relation to Activities that potentially infringe on Aboriginal Title or Rights. Saulteau First Nations must be involved in: SSP : Tee % P.013

13 Sep :35PM SF Ec EV LAbS No P (vii) (viii) (ix) (x) (xi) (xii) (xiii) legal and policy changes; strategic long, medium and short term planning; scientific and technical decision-making; assessment of environmental impacts; operational plans/processes; approvals which may lead to the issuance of a permit, license, lease, or change in land status; monitoring; and any amendments to such decisions. (h) (i) (j) Ongoing and past infringement of Saulteau First Nations Tide and Rights require current consultation and accommodation since it is not in keeping with the duty and honour of the Crown to rely in its decisions (past and present) on unfulfilled duties of consultation and accommodation. Moreover, where current decisions rely upon past unfulfilled duties of the Crown which is carried Out would perpetuate such unfulfilled duties, the Crown must consult and accommodate in respect of all the original decisions relating to any such activities. Decisions about Activities shall be made on a government-to-government basis with the formal involvement of Saulteau First Nations. The Crown shall not make decisions about Activities, authorize or permit Activities nor undertake any Activities without the full participation and approval of Saulteau First Nations to be involved in all legal, policy and strategic level decisions. Legal, policy and strategic level decisions, including, but not limited to, decisions regarding permits, licences, approvals and land use planning will be made first on a government to government basis and will be binding upon Third Parties. 5.2 Terms of Reference. 5.3 The Crown must initiate consultation at the earliest stage in the decision-making process and conclude mutually agreed-to terms of reference for consultations and accommodation negotiations with Saulteau First Nations: (a) before a decision is made which may infringe on Aboriginal Title or Rights; and (1,) without Saulteau First Nations first having to raise questions about a proposed Activity in order to initiate consultations. 5.4 Agreed-to terms of reference include, at a minimum: SEP G SOZ P.014

14 Sep. 7. 2U1U 3:35PM SFN Ec UEV LANUS No P (a) a schedule for consultation and accommodation negotiations that: (i) prioritizes concluding negotiations about strategic level decisions between the Crown and Saulteau First Nations before operational decisions are made; (ii) includes time and resources to conduct archaeological and traditional use studies, land use planning and community consultations where requested by Saulteau First Nations; (iii) (iv) accommodates timeframes proposed by Saulteau First Nations in recognition of present Saulteau First Nations limitations in capacity and resources; and reflects the steps set Out Ifl Section 9 below; (b) (c) the names and positions of the Crown s authorized representatives and Third Parties who have the mandate/authority to participate in negotiations and make the decision(s) in question; a framework and work plan for a strength of claim analysis and dialogue by Sauiteau First Nations and the Crown. The fulfillment of the duty to consult requires a clear and focused first step of an assessment of the strength of claim of the Saultean First Nations claims to rights and potential impacts on those rights. The result of this first step will inform the level and degree of consultation required. The analysis will, at a minimum include: (i) (ii) (iii) detei-minin the stren2th of claim of the rights at issue; outlining the nature and significance of the rights: and determining the potential deqree of severity of the impact on the ri2hts. The assessment of the strength of claim at the very least requires the Crown to sit down with the Saulteau First Nations and discuss openly the Saulteau First Nations claim. This is an iterative process that must take place with open dialogue and sharing of information so that the level of the duty to consult can be determined. This requires the Crown to make the duty to consult a first priority when contetuplating a new development or project on Saulteau First Nations Home Lands. The adequacy of the first step assists in determininq if the depth of consultation and accommodation. (ci) (e) the scope of the consultation and accommodation negotiation; the timing and nature of required engagement of Third Parties; SEP : S0 P.0t

15 Seo, 7. 2U10 3:35P SFN Ec DEV LANDS Nc P (f) resourcing for the process consistent with Section 8. Funding and Capacity below; (g) requirements for the Crown and Third Parties to provide complete information about a proposed Activity necessary to understand its potential impacts on Aboriginal Title or Rights, without cost to Saulteau First Nations, and in a timely, manageable and understandable format, including the information package described under Section 12, Step 1 Jiiltial Information about Activity, below; and (h) dispute resolution mechanisms consistent with Section 12, Step 6 Dispute Resolution, below. 5.5 Anticjøated Outcomes of Consultation The Crown and Third Parties must accommodate First Nations in relation to any Activity that may infringe on Aboriginal Title, Aboriginal Rights or interests of Saulteau First Nations, by tneasures agreed to by Saulteau First Nations, which may include but are not limited to: (a) (b) modifying or cancelling a proposed Activity to avoid or minimize the infringement of Saulteau First Nations Aboriginal Title and/or Rights; conducting joint land use planning, or reconciliation of Crown and Third Party land use plans where available; (c) co-management involving at least equally shared decision making authority; (d) participation in future joint decision-making; (e) undertaking up-front conservation measures and where necessary, restoration; (±) revenue sharing; (g) (h) resource allocations to Third Parties; compensating Saulteau First Nations for the infringement; (i) providing economic development opportunities or other economic measures to Saulteau First Nations members; (j) limiting resource harvesting and extraction; (1<) providing training; (1) agreements or partnerships with industry or proponents; SEP :5G Th 98Z P.O1G

16 Sep :35PM SFN Ec EV AN)S NO P (m) contracts for Saulteau First Nations individuals and businesses; (n) participation in future joint decision-making; (o) joint ventures; (p) compensation for past infringements; and (ci) other aimngements. 5.7 Reports on the outcomes of consukationlnegotiations, decisions made, and rationales for any decisions are prepared with the participation of Saulteau First Nations and vaiidated by Saulteau First Nations. 5.8 Interim and final agreements are to be set out in writing. 6.0 NO LIMITATION ON DEFENDING TITLE & RIGHTS 6.1 The Crown or Third Parties must not require Saulteau First Nations to accept limitations on its right to challenge Activities or pursue dispute resolution or legal action above. as a condition of any of the potential measures for accommodation outlined 6.2 The Crown and Third Parties must provide Saulteau First Nations with a reasonable opportunity to challenge any decision in relation to an Activity, including holding Activities in abeyance while dispute resolution proceeds as set out in Section 12, Step 6, below, and/or during legal proceedings 7.0 ADDITIONAL OBLIGATIONS OF PARTIES IN CONSULTATION 7.1 Crown Obligations. The Crown must: (a) work with Saulteau First Nations on a government-to-government basis to identi potential Activities that may give rise to a duty to consult Saulteau First Nations and accommodate its interests and concerns; (b) recognize its legal obligations to Saulteau First Nations, and the obligation to uphold the honour of the Crown and conduct itself with utmost good faith with respect to Sauiteau First Nations; (c) not pursue the exfinguishments of Aboriginal Title or Rights condition of its ongoing relationship with Sauiteau First Nations; as a (4) not attempt to delegate its obligations and responsibilities in relation to consultation and accommodation to Third Parties. (e) provide adequate resourcing to Saulteau First Nations so that consultation and accommodation negotiations can occur to address potential impacts on SEP : P.017

17 Sep :35PM SEN Ec EV LANDS \c P Aboriginal Title and Rights held by the Saulteau First Nations through the strength of claim analysis. 7.2 Third Party Obligations. Third Pasties must: (a) recognize that Saulteau First Nations is a level of government in its Home Lands; (b) recognize that in the absence of proper consultation with and acconmiodation of Saulteau First Nations regarding their Activities, Third Parties may fmd themselves without the right to operate in Saulteau First Nations Home Lands; (c) where requested by Saulteau First Nations, engage in cooperative planning prior to submitting plans to Saulteau First Nations and the Crown for approval. (d) provide adequate resourcing to Saulteau First Nations so that information on the Third Party s Activity can be shared with Saulteau First Nations members so that community input on potential impacts on Aboriginal Title an4 Rights held by the Sau.lteau First Nations can be considered. 7.3 Saulteau First Nations Responsibilities. Contingent on funding and capacity as set out in Section 8 Funding and Capacity, below, Saultean First Nations must: (a) provide the Crown and Third Parties with the names of Saulteau First Nations representatives to whom to address the consultation; (b) work with Canada and British Columbia on a government-to-government basis; (c) work in good faith to implement this Policy; (d) take reasonable steps to increase Saulteau First Nations capacity to implement this Policy and improve them where necessary; (e) provide timely and detailed responses to consultations made pursuant to this Policy according to an agreed to terms of reference; (f) manage funds received for participation in consultation and accommodation in an accountable and transparent manner; (g) where it objects to a proposed Activity, provide reasons for the objection, and where appropriate suggest conditions or alternatives to the Activity; (h) advise the consulting party with respect to appropriate measures of accommodation of Saulteau First Nations Aboriginal Title, Rights and other interests; SEP : p.oie

18 Sep. 7. 2Q1Q 3:36PM SF Ec EV LANUS No P (i) (j) (k) assist the Crown in ensuring land use decisions and plans at all spatial scales are consistent with Saulteau First Nations land use principles, Cultural Heritage by-laws, policies and plans; advise the consulting party of its decision with respect to the Activity; consistent with Saulteau First Nations capacity, protect and provide stewardship of resources in the Traditional Territory. 8.0 FUNDING AND CAPACITY 8.1 The Crown is responsible for providing an immediate, on-going and agreed upon share of resource revenue sufficient to enable Saulteau First Nations to meaningfully participate in land and resource decision-making as set out in this Policy, including the following costs associated with both Activity-specific consultation and accommodation negotiations, and the development and implementation of new government-to-government decision-making institutions and structures: (a) (b) (c) (d) (e) time and expenses of staff and other experts; travel and honoraria costs for elders and community resource people; costs for necessary Saulteau First Nations planning, assessments, studies and research; training for Saulteau First Nations members; and resources so that the Saulteau First Nations can provide information to its members via mail-outs. This would include capacity to hire a communications coordinator and resources to mail out the information to members and other media, such as advertising and Saulteau First Nations website posting. 8.2 Third Parties will normally be required to contribute to Saulteau First Nations capacity and costs of a meaningful consultation process as set out in the tents of reference for particular consultation and accommodation negotiations. 8.3 Sufficient resourcing is necessary so that adequate analysis of the Saulteau First Nations strength of claim can occur pursuant to Paragraph 5.4(c) above. 9.0 PROCEDURES FOR TYPES OF ACTIVITIES 9.1 In addition to underlying principles and party-specific principles above, Saulteau First Nations procedures for consultation and accommodation by Crown and Third Parties with regard to specific types of Activities are as follows: (a) Saulteau First Nations will provide the Crown with the names and contact addresses for Saulteau First Nations officials designated to deal with SEP : me 127G SOZ P.019

19 Sep :36P SK Ec EV LA IUS No P consultation and accommodation on legal and policy changes, and strategic decisions made. (b) The Crown will fully inform Saulteau First Nations about proposed legal or policy changes, and proposed strategic decision-making and planning processes that may impact Saulteau First Nations Aboriginal Title and Rights. (c) Representatives of Saulteau First Nations will provide the Crown with a description of their strategic decision-making and planning processes, and related laws, policies and principles. (d) Saulteau First Nations and the Crown will meet to develop a mutually agreed-to process for: (i) reconciling their respective land use decision-making, planning and approval processes, and (ii) future collaboration with respect to planning aud land-use decision-making; (e) These understandings will be in writing and will contain provisions for dispute resolution as per Section 12, Step 6 below. (f) This process will be conducted in a government-to-government manner. (g) The parties will: (i) evaluate the process annually through a review process that accommodates Saulteau First Nations proposals with respect to timelines, funding and process; and (ii) implement the outcomes of the review process EXISTING ACTIVITIES AFFECTING SAULTEAU FIRST NATIONS TITLE AND RIGHTS 10.1 The Crown must work with Saulteau First Nations to complete a systematic review of past decisions about existing Activities affecting Saulteau First Nations Home Lands that were made without honourable consultation and accommodation of Saulteau Pirst Nations Crown and Third Parties will fully inform Saulteau First Nations about existing Activities affecting its Home Lands, including an information package as detailed in Section 12, Step 1 below Saulteau First Nations and the Crown will meet to develop a mutually agreed-to approach for: SSP : % P.020

20 - 13 Seo. 7 2QO 3:36PM SEk Ec DEV LANDS Nc P. 2 - (a) Saulteau First Nations to consult with its members on existing Activities; and (I,) for the Crown to meet its obligations to accommodate Saulteau First Nations Aboriginal Title and Rights in relation to existing Activities, by steps including but not limited to, modification of existing strategic and operational plans, or modification or cancellation of Activities that may have a negative effect on Saulteau First Nations Aboriginal Title and Rights and Home Lands ADAPTJVE MANAGEMENT AND RESPONSIVENESS TO NEW INFORMATION 11.1 New activities must be consistent with strategic or operations plan or accommodation measures previously agreed to with Saulteau First Nations pursuant to the process described above However, where new scientific, cultural or technical information related to Saulteau First Nations Home Lands has become available or come to the knowledge of Saulteau First Nations, Crown or Third Parties, consistency with previously agreed-to plans or accommodation measures may no longer be sufficient to justi Activities which potentially impact on Saulteau First Nations Aboriginal Title and Rights Crown or Third Parties must share new scientific, cultural or technical information related to Saulteau First Nations Home Lands with Sauiteau First Nations Accommodation measures must include Saulteau First Nations involvement in designing and implementing compliance and effectiveness monitoring of Activities. Monitoring must demonstrate that Activities meet or exceed agreed-to accommodation measures, and Saulteau First Nations expectations regarding the protection and inclusion of their resource values Accommodation measures and agreements are periodically reviewed and updated to integrate the results of monitoring and new technical, indigenous and scientific information that becomes available SPECIFIC CONSULTATION AND ACCOMMODATION STEPS 12.1 Step 1 Initial information about Activity 12.2 The Crown or Third Party planning to undertake an Activity will provide Saulteau First Nations with an information package at the earliest possible stage, containing sufficient information for Saulteau First Nations to fully consider the Proposed Activity (the Information Package ). The Information Package will include: SEP : S3x P.021

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