The Canada Energy Regulator releases Crown Consultation and Accommodation Report for the NGTL West Path Delivery 2023 Project

The CER consulted with 25 Indigenous communities over two years. The Crown Consultation Coordinator recommended changes to four project conditions in the CER Commission’s report to address the concerns of Indigenous communities. The CER sent the report to the Governor in Council (GIC) to inform its final decision on the project, which was approved on November 30, 2022.

Consultation Activities

Highlights of these activities include:

• Crown Consultation on the project started early and continued throughout the Commission’s hearing process and into the GIC decision-making phase.
• The Crown Consultation Coordinator consulted with provincial and federal government departments to respond to Indigenous communities’ views and concerns about the project.

Conditions

In response to concerns raised by Indigenous Peoples, the report recommended that four project conditions be amended, two in relation to economic inclusion and opportunities, two in relation to the project’s contribution to cumulative effects:

• Employment, contracting and procurement updates – to include additional requirements regarding diversity and inclusion measures to support employment and contracting opportunities for Indigenous Peoples (Condition 10).
• Employment, contracting and procurement reports – to include additional requirements relating to detailed reporting on the employment and contracting opportunities that would result from the project including for Indigenous Peoples (Condition 29).
• Post-construction monitoring plan for Indigenous Peoples – to include additional requirements relating to the inclusion of Indigenous community-based monitoring programs into the post-construction monitoring plan for the project (Condition 26).
• Post-Construction Environmental Monitoring Reports – to include additional requirements relating to monitoring cumulative effects during the post-construction monitoring period including with respect to the project’s contributions to cumulative effects on the exercise of Section 35 rights (Condition 32).

Inclusion of Indigenous Peoples in the Lifecycle of the Project
The CER has taken steps to co-develop a way to enhance Indigenous Peoples’ involvement in the oversight of the NGTL pipeline system. The initiative aims to foster discussions regarding the rights and interests of Indigenous Peoples as they relate to the compliance and oversight of all existing NGTL pipeline projects including the West Path Delivery 2023 Project. The CER and potentially affected Indigenous communities will meet in December.