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Energy East Project
Consolidated Application
Volume 10: Aboriginal Engagement
Appendix 10-145A
Madawaska Maliseet First Nation: Community Summaries
May 2016
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Consolidated Application
Volume 10: Aboriginal Engagement
1.0
Appendix 10-145A
Madawaska Maliseet First Nation:
Community Summaries
COMMUNITY SUMMARY – MADAWASKA MALISEET FIRST NATION
The following summaries detail the Project-related interests and concerns raised by
Madawaska Maliseet First Nation during engagement activities within the period from
April 1, 2013 to December 31, 2015.
1.1
April 1, 2013 to April 18, 2014
Madawaska Maliseet First Nation is located near Edmundston, New Brunswick, and
shares borders with Québec and the United States. The total population of the
community is 351.1
As the Madawaska Maliseet First Nation was identified as a community potentially
affected by the Project early in the engagement process, Energy East has been sharing
information on the Project with the community since April 2013.
In May 2013, a representative of the Energy East Aboriginal engagement team
travelled to Madawaska Maliseet First Nation and met with the Chief and Council,
providing an introduction on the Project.
In June 2013, Energy East conducted a mailout to recipients that included
Madawaska Maliseet First Nation, regarding Traditional Knowledge (TK)
introductory letters to determine communities’ interest in participating in the
Traditional Land Use (TLU), Traditional Ecological Knowledge (TEK) and
Aboriginal Traditional Knowledge (ATK) components of the Project.
In July 2013, the Energy East Aboriginal engagement team contacted the
Chief of Madawaska Maliseet First Nation to request a meeting regarding the Project
with Chief and Council. Energy East also sent the Chief a draft Letter of Agreement
(LOA) that set out the conditions for initial engagement between Energy East and
Madawaska Maliseet First Nation.
In August 2013, the Energy East Aboriginal engagement team received an email from
the AFNCNB Consultation Coordinator to reconfirm the verbal direction of the
Chiefs to work under a collective engagement strategy led by the AFNCNB. Included
in the email were 14 Band Council Resolutions (BCRs) delegating authority from the
individual First Nations to the AFNCNB (BCR – Delegation) to engage with
Energy East on their behalf from the following First Nation communities:
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1
Madawaska Maliseet First Nation
Tobique First Nation
Woodstock First Nation
Kingsclear First Nation
Aboriginal Affairs and Northern Development Canada website, accessed July 2014.
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Energy East Pipeline Ltd.
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Volume 10: Aboriginal Engagement
Oromocto First Nation
Eel Ground First Nation
Metepenagiag Mi’kmaq Nation
Buctouche First Nation
Fort Folly First Nation
Elsipogtog First Nation
Esgenoôpetitj First Nation
Indian Island First Nation
Pabineau First Nation
Eel River Bar First Nation
Also included was a copy of their Interim Consultation Protocol Agreement to guide
Crown consultation in New Brunswick as it relates to First Nations communities.
While engagement with these communities continues through the AFNCNB based on
this collective approach, Energy East continues to share available information with
these individual communities as requested.
In November 2013, the Chief of Madawaska Maliseet First Nation contacted the
Energy East Aboriginal engagement team to advise that Madawaska Maliseet
First Nation would no longer be a part of the collective under the AFNCNB.
In November 2013, a member of the Energy East Aboriginal engagement team
contacted the Chief of Madawaska Maliseet First Nation to give advance notice on
the re-route of Edmundston and the upcoming Open House scheduled for
December 2013. The Chief informed Energy East that the community would be
signing a letter of agreement (LOA) partnering with Woodstock First Nation under
the St. John’s River Valley Tribal Council. As follow-up, Energy East hosted a call
with Madawaska Maliseet First Nation and Woodstock First Nation to confirm their
preference to engage as a collective. Madawaska Maliseet First Nation advised
Energy East that they would sign the LOA and transfer capacity funding to the
St. John River Valley Tribal Council under a collaborative engagement process for
this phase of the Project. A revised LOA was forwarded to the First Nations based on
the request for a collaborative engagement.
At a meeting held with Madawaska Maliseet First Nation’s and
Woodstock First Nation’s representatives in January 2014, Energy East presented
background information on the Project as well as an overview of the Project status to
date, and discussed the LOA and Communication and Engagement
Funding Agreement (CEFA) capacity supports available, working to develop a
work plan for both. The CEFA is designed to provide funding to the
Madawaska Mailseet First Nation to meaningfully participate in the engagement
process. The community raised concerns about the proposed route around Grand Lake,
New Brunswick, and the Canaport Marine Terminal and the effects on Aboriginal
fisheries, in particular, and commercial fisheries for ground fish.
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Appendix 10-145A
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Community Summaries
In February 2014, the Energy East Aboriginal engagement team sent an email to
Madawaska Maliseet First Nation Chief and Council attaching the draft CEFA
work plan for future discussion.
In February 2014, a TransCanada representative travelled to New Brunswick to
provide a presentation to representatives from Madawaska and
Woodstock First Nations on pipeline safety and integrity and TLU study options.
Both First Nations expressed interest in having this presentation in their home
communities in the near future.
In March 2014, Energy East notified Madawaska Maliseet First Nation that the
Project had formally initiated the regulatory approval process by filing a Project
Description with the NEB.
In March 2014, Energy East requested attendance from Madawaska Maliseet
First Nation at a presentation of the Joint Economic Development Initiative. However,
representatives from Madawaska Maliseet First Nation were unavailable to attend due
to internal administrative issues.
In April 2014, Energy East followed up on the previously provided LOA and the
associated work plan. Energy East requested a meeting at a later date to discuss the
LOA as well as the CEFA for Madawska Maliseet First Nation and
Woodstock First Nation.
1.2
April 19, 2014 to August 31, 2014
Energy East met with representatives of both Woodstock First Nation and
Madawaska Maliseet First Nation in May 2014 to discuss the LOA, initial capacity
funding provided, the draft CEFA and to provide an overview of the National Energy
Board (NEB) role on the Project and timelines.
Between April 19 and August 31, 2014, Woodstock First Nation and
Madawaska Maliseet First Nation raised the following issues through their
engagement activities with Energy East:

economic participation must be offered throughout the process, otherwise the
communities will not participate

assurance that the communities’ views are accommodated and brought into the
process, with specificity around the need for an Impact Benefits Agreement
Energy East is committed to engaging with the communities of
Woodstock First Nation and Madawaska Maliseet First Nation to identify strategies to
resolve outstanding concerns related to the Project.
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1.3
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Volume 10: Aboriginal Engagement
September 1, 2014 to December 31, 2014
In October 2014, Legal Counsel for Madawaska Maliseet First Nation and
Woodstock First Nation and Energy East discussed the CEFA for engagement on the
Project. In November 2014, Energy East learned that St. Mary’s First Nation had
begun to work with Madawaska Mailseet First Nation and Woodstock First Nation to
produce a joint Maliseet community TK study.
In November 2014, Energy East met with the Chief and representatives of
Madawaska Maliseet First Nation to develop a relationship between officials of the
Energy East Aboriginal Relations Team and the Madawaska Maliseet First Nation
Chief and Council. Madawaska Maliseet First Nation advised that they are currently
developing a land code for their territory and will be moving toward a referendum
under the Land Management Act. Issues and concerns expressed during this meeting
included:

impacts on streams and waterways

impact on wildlife

aboveground effluent pipeline across Madawaska Maliseet First Nation reserve
land that has been a negative experience for the community

spills and spill-detection process
At the meeting, Energy East clarified the difference between the Project pipeline and
the effluent pipeline that currently runs across Madawaska Maliseet First Nation’s
reserve land. Energy East also spoke about engagement moving forward with the
intent of providing information and mitigating concerns and issues.
Throughout November and December 2014, work on the CEFA and the TK study for
the three Maliseet communities (St. Mary’s First Nation, Madawaska Mailseet
First Nation and Woodstock First Nation) continued. During this time, work
continued on the draft CEFA for Woodstock First Nation and Madawaska Maliseet
First Nation.
1.4
January 1, 2015 to March 31, 2015
During this time period, Energy East provided the communities with Project
information and notifications about NEB filings and regulatory processes.
In February 2015, Energy East received a request to meet with representatives for the
TK process for Madawaska Maliseet First Nation, Woodstock First Nation,
St. Mary’s First Nation, and Tobique First Nation.
Energy East was advised that Tobique First Nation would be joining the collective for
the purposes of engagement on the TK process.
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Appendix 10-145A
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Throughout February 2015, Energy East and the communities of
Madawaska Maliseet First Nation, Woodstock First Nation, St. Mary’s and
Tobique First Nation worked on a work plan and budget for the joint TK study for the
Project. At the end of February 2015, a revised TK work plan and budget with the
inclusion of Tobique First Nation was forwarded to Energy East for review.
In March 2015, Energy East met with representatives of Madawaska Maliseet
First Nation, St. Mary’s First Nation, Wolastoq Grand Council, Tobique First Nation
and TK Consultant to discuss a joint TK process for the four First Nations.
At this meeting, the following topics were discussed:

a 15 km study area restriction on either side of the right of way and the Project’s
requirement

lack of baseline data in New Brunswick for traditional lands and impacts

capacity funding requested for the joint TK study

timing of the TK work and TK study objectives
Budgets, work plans, timing of deliverables and funding, and economies of scale were
also discussed.
1.5
April 1, 2015 to June 30, 2015
During this time period, Energy East provided the communities with notification of
updated and supplemental Project information filed with the NEB in April 2015, and
a press release describing an alteration to the scope of the Project in Québec, and
decision not to build a marine terminal and associated facilities at Cacouna, Québec.
In April 2015, Energy East forwarded a letter to Woodstock First Nation confirming
both the decision by Energy East and TransCanada not to proceed with the
Cacouna Energy East Marine Terminal, and Energy East’s intent to file an amendment
to the Application with the NEB in the last quarter of 2015. The letter also outlined the
importance of TK in the assessment of potential Project effects on the environment
and communities. In the letter, Energy East encouraged the community to make
Project specific issues and concerns known to Energy East at the earliest opportunity,
as well as to conduct TK studies and submit a TK report by the end of 2015.
In May 2015, Energy East emailed Woodstock First Nation job descriptions of
opportunities for summer employment with Energy East’s Field Worker Program that
focuses on wildlife, aquatic, and vegetation survey work, and archaeological field
studies. In June 2015, Energy East sent a follow up email to First Nation communities
in New Brunswick engaged on the Project to provide an update on the Field Worker
Program, as well as information regarding employment and training opportunities on
the Project.
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In June 2015, Energy East sent an email to representatives of the Mi’kmaq Rights
Initiative, the AFNCNB, Tobique First Nation, St. Mary’s First Nation,
Pabineau First Nation, Elsipogtog First Nation, Woodstock First Nation, and the
Madawaska Maliseet First Nation to provide an update on the Project. The email
provided information on the Energy East NEB Application process and Energy East’s
supplemental reports filed with the NEB. Further, the letter reiterated the Project’s
decision not to proceed with the marine terminal and associated tank terminal in
Cacouna, Québec resulting in potential rerouting of the pipeline and a revised
in-service date of 2020. The letter also discussed the potential economic and
employment benefits from the Project in New Brunswick.
In April 2015, Energy East spoke with the Chief of Woodstock First Nation with
regards to changes to the Project in Québec where the Chief inquired as to whether the
changes to the Project would impact the CEFA work plan and budget. Energy East
stated that the CEFA work plan and budget would not change from what was last
discussed at the meeting held with Madawaska Maliseet First Nation and
Tobique First Nation representatives in March 2015. Subsequently throughout
April 2015, Energy East and Madawaska Maliseet First Nation,
Woodstock First Nation and Tobique First Nation developed a collective CEFA
work plan process for engagement on the Project. Discussions to advance the
collective CEFA continued through June 2015.
Also in April 2015, the Aboriginal Contracting and Employment team for Energy East
met with the Chief of Woodstock First Nation to discuss the opportunities for
contracting and employment on the Project and the potential trades that would be
required for Project construction and operation. The Chief advised that the focus of
Woodstock First Nation will be on training community members to ensure that they
are qualified for employment on the Project.
In May 2015, the Consultation Coordinator for St. Mary’s First Nation informed
Energy East that Madawaska Maliseet First Nation, Woodstock First Nation,
Tobique First Nation, and St. Mary’s First Nation signed the BCR for the collective
TK agreement for the Project. The BCRs were forwarded to Energy East. Energy East
and representatives of the four communities for the TK work for the Project discussed
details of the agreement and capacity to carry out engagement throughout May 2015.
In June 2015, Energy East couriered the fully executed collective
TK protocol agreement for St. Mary’s First Nation, Madawaska Maliseet First Nation,
Tobique First Nation, and Woodstock First Nation, individually.
1.6
July 1, 2015 to September 30, 2015
During this time period, Energy East provided the community with notification of
updated and supplemental Project information filed with the NEB in June 2015, and
an updated information package, which included Project-related information specific
to New Brunswick. Energy East has been engaging with Madawaska Maliseet
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Volume 10: Aboriginal Engagement
Appendix 10-145A
Madawaska Maliseet First Nation:
Community Summaries
First Nation, Tobique First Nation, and Woodstock First Nation on a collective CEFA
since the second quarter of 2015. Energy East has also been engaging with
Madawaska Maliseet First Nation, Tobique First Nation, Woodstock First Nation, and
St. Mary’s First Nation on a collective TK work plan and study since the second
quarter of 2015.
In July 2015, Energy East met with Woodstock First Nation to discuss how the
changes to the Project’s scope, specifically the cancellation of marine terminal in
Cacouna, might affect engagement with the community. Further, Energy East agreed
to provide Woodstock First Nation with a detailed Project overview and confirmed
that information regarding archaeological programs, including maps, had been
provided in June 2015.
Also in July 2015, a consultant, newly hired by Woodstock First Nation,
Madawaska Maliseet First Nation, St. Mary’s First Nation and Tobique First Nation,
to represent the four communities, advised Energy East by phone, that work for the
collective TK study and reporting was expected to commence in November 2015 and
be completed in early summer of 2016.
Regarding agreements, in July 2015, Energy East met with Madawaska Maliseet
First Nation, Tobique First Nation, and Woodstock First Nation to discuss collective
Project-specific agreements. Energy East and the communities discussed a plan to
develop strategies to assist with the CEFA discussions. Throughout August 2015,
Energy East and Madawaska Maliseet First Nation corresponded to advance the draft
collective CEFA. That month, Energy East emailed Madawaska Maliseet First Nation,
Woodstock First Nation, and Tobique First Nation a revised copy of the draft CEFA
work plan.
In September 2015, Energy East met with Woodstock First Nation,
Tobique First Nation, and Madawaska Maliseet First Nation, and discussed the
potential addition of Oromocto First Nation and Kingsclear First Nation to the
collective CEFA. Energy East agreed to provide a revised draft CEFA that included
Oromocto First Nation and Kingsclear First Nation.
Regarding the Field Worker Program, during a meeting in July 2015, Energy East and
Woodstock First Nation discussed the upcoming archaeological and geotechnical
testing activities within the Field Worker Program. Energy East addressed the
community’s concerns regarding safety response measures and the integrity of the
pipeline. Energy East also offered to provide a technical presentation on
emergency response planning. During the meeting, Energy East elaborated on the
Field Worker Program and invited Woodstock First Nation’s community members to
visit the activity sites. Woodstock First Nations raised concerns regarding artifact
handling procedures and Energy East indicated that these concerns would be further
discussed at a meeting in late July 2015. In a subsequent email, Energy East provided
May 2016
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Volume 10: Aboriginal Engagement
the community with a copy of the presentation given during the meeting and
forwarded detailed maps of the proposed Project route.
Later in July 2015, Energy East, Energy East’s environmental consultant, and
Energy East Aboriginal Contracting and Employment met with
Kingsclear First Nation, St. Mary’s First Nation and Madawaska Maliseet
First Nation to discuss the Field Worker Program. During the meeting, St. Mary’s
First Nation reiterated concerns with regards to the handling of artifacts and delays in
providing communities with information about the Field Worker Program so as to
allow enough time for the communities to participate. Energy East’s environmental
consultant confirmed that participants in the program will receive training on artifact
handling procedures.
Also in July 2015, Energy East and Energy East’s environmental consultant met
again with St. Mary’s First Nation, Tobique First Nation, Woodstock First Nation,
and Madawaska Maliseet First Nation, as well as St. Mary’s First Nation’s consultant
to further discuss the upcoming archaeological activities for the Project.
Energy East’s environmental consultant presented a summary of the Project’s
archaeological assessment activities and presented a map of the potential shovel
testing sites. Energy East responded to questions about the following topics:

the number of valves between each pump station

the amount of oil in a terminal storage tank

the locations and timing of upcoming archaeological activities

the findings and recommendations of previous archaeological assessments and
where the information could be found

the timing of reporting on archaeological activities

efforts to avoid sensitive sites

further request for First Nations oversight

protocols if ceremonial activities were encountered during shovel testing
Discussion advanced regarding the reporting mechanisms of the field workers and
First Nations oversight in the field, as well as the importance of clear and prompt
communications. Energy East spoke with Madawaska Maliseet First Nation to clarify
the scope of various Project field study activities and the community indicated that
the clarification alleviated its concerns about potential environmental effects.
In August and September 2015, Energy East emailed First Nations communities
engaged on the Project in New Brunswick information regarding employment
opportunities within the Field Worker Program; specifically the archaeological shovel
testing program. The August 2015 email contained a job profile, job advertisement,
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Appendix 10-145A
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Community Summaries
and recruitment document for field workers for the program and in September 2015, a
similar package was emailed for the observer role.
In September 2015, Energy East and Energy East’s environmental consultant met
with Madawaska Maliseet First Nation, St. Mary’s First Nation, Tobique First Nation,
Kingsclear First Nation, and Woodstock First Nation to provide an update on the field
work that was currently underway. Energy East again advised of the opportunities
available for First Nations individuals to participate in the Field Worker Program as
field workers or observers, and an opportunity for an Aboriginal archaeologist to
provide oversight of archaeology activities, as recommended by the communities.
Energy East discussed and developed a communications and reporting protocol with
the communities to define how observed field information would be communicated
and reported back to the communities.
During the meeting, Tobique First Nation and Madawaska Maliseet First Nation
requested more First Nations oversight on the archaeological activities. Energy East
agreed to incorporate additional First Nations oversight into the Field Worker
Program and, during September 2015, confirmed employment of several First Nations
observers, field workers, and a First Nations archaeologist as a result.
Regarding geotechnical work, in August 2015, Energy East emailed the AFNCNB,
Madawaska Maliseet First Nation, St. Mary’s First Nation, Woodstock First Nation,
and Tobique First Nation more information regarding the marine geotechnical work
to be conducted at the proposed Canaport Energy East Marine Terminal including the
purpose, scope, timing and location of the geotechnical work.
During a meeting in September 2015, Energy East discussed the upcoming
geotechnical activities to be conducted for the proposed Canaport Energy East
Marine Terminal. Madawaska Maliseet First Nation indicated that the marine
terminal is the most concerning aspect of the Project for the community. Energy East
responded to several questions regarding the marine terminal and the planned
geotechnical studies and indicated that it would provide the community with
communication materials that included a description of the geotechnical activities
associated with the Canaport marine terminal and that a visit for the coordinators
could be facilitated to better understand the testing activities if there were any
outstanding concerns. Energy East also stated that the geotechnical studies to be
conducted and the marine terminal itself were not located in critical right whale
habitat. Energy East confirmed that it is working with experts to incorporate safety
and environmental considerations into the marine terminal design.
During the meeting, Energy East also described emergency response management on
the Project. Madawaska Maliseet First Nation expressed concerns with regard to the
protection of land and water. Energy East informed Madawaska Maliseet First Nation
that it would continue to share information about the Project with the community to
address concerns.
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Volume 10: Aboriginal Engagement
Later in September 2015, Energy East emailed Kingsclear First Nation,
Madawaska Maliseet First Nation, St. Mary’s First Nation, Tobique First Nation, and
Woodstock First Nation with a response to the concerns about the potential
environmental effects of marine geotechnical activities raised by the
Madawaska Maliseet First Nation in August 2015. Energy East attached two letters
which summarized the regulatory process and explained the basis of the
Environmental and Socio-Economic Assessment. The letters addressed geotechnical
surveys and explained their purpose, how they are conducted and that Energy East
will continue to seek the necessary approvals and permits required to conduct these
surveys. Madawaska Maliseet First Nation thanked Energy East for the information.
Energy East also emailed Madawaska Maliseet First Nation, Tobique First Nation,
Woodstock First Nation, St. Mary’s First Nation, and Kingsclear First Nation a
hyperlink to the Energy East blog that discussed the purpose of field studies and
geotechnical surveys to provide additional information to the communities.
In September 2015, Energy East emailed Madawaska Maliseet First Nation,
Kingsclear First Nation, Tobique First Nation, St. Mary’s First Nation,
Woodstock First Nation and Oromocto First Nation to provide a summary document
of contractors’ efforts to hire First Nations individuals to assist with the upcoming
geotechnical activities for the proposed marine terminal associated with the Project.
Energy East also emailed the TK reporting guidelines to assist in preparation of the
TK report.
Regarding contracting and employment, Energy East, the Aboriginal Contracting and
Employment team, and Energy East’s environmental consultant, met in
September 2015 with St. Mary’s First Nation, Tobique First Nation, Kingsclear
First Nation, and Woodstock First Nation to discuss the Field Worker Program and
employment and training opportunities. The Aboriginal Contracting and Employment
team provided details of procurement, including the estimated percentages of
contracts available to Aboriginal businesses throughout the different phases of the
Project.
1.7
October 1, 2015 to December 31, 2015
Energy East has been engaging with the Madawaska Maliseet First Nation on the
Project since April 2013. During this time period, Energy East provided the
community with Project information, including notification of supplemental
information filed with the NEB in September and December 2015. Energy East also
provided information packages specific to the conversion portion of the Project and
emergency response and management.
Energy East has been engaging with Madawaska Maliseet First Nation,
Tobique First Nation, and Woodstock First Nation on a collective CEFA since the
second quarter of 2015. Energy East has also been engaging with
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Madawaska Maliseet First Nation, Tobique First Nation, Woodstock First Nation, and
St. Mary’s First Nation on a collective TK work plan and study since the second
quarter of 2015.
In October 2015, Energy East responded to a letter received from
Madawaska Maliseet First Nation in September 2015 regarding the federal
government’s duty to consult in the context of the NEB’s Project review process. In
the letter, Energy East explained its commitment to potentially affected Aboriginal
communities through engagement on the Project to identify and manage any
Project-specific concerns. The response letter explained the significance of the
Project’s TK program and clarified Energy East’s capacity funding mechanisms
compared to participation funding made available by the NEB.
In October 2015, Energy East mailed information packages to the Kingsclear,
Madawaska Maliseet, Oromocto, St. Mary’s, Tobique, and Woodstock First Nations
that included information regarding the archaeological activities and assessments
conducted for the Project throughout New Brunswick in 2013 and 2014. Also
included in the package were presentations on the Energy East’s emergency response
planning, regional scope, TK program, marine terminal, and new pipeline, delivered
during the September 2015 consultation coordinator training session, as well as USBs
containing eight maps of the proposed Project route at the time.
In October 2015, Energy East sent an email inviting Madawaska Maliseet
First Nation to Energy East’s Safety and Emergency Response Information Days
scheduled for November 2015 in Edmundston, Stanley, and Saint John,
New Brunswick.
In November 2015, Energy East emailed all communities engaged on the Project in
New Brunswick to provide notification that an amendment to the Energy East
NEB Application will be filed in December 2015. Included in the email was a
hyperlink to the Energy East and TransCanada’s news release advising of the
upcoming filing.
In November 2015, Energy East received a request from Madawaska Maliseet
First Nation for Project maps. Energy East advised Madawaska Maliseet that Project
maps had been provided via mail earlier in October 2015 and the community’s
representative confirmed receipt of the maps.
Energy East’s environmental consultant emailed Madawaska Maliseet First Nation in
November 2015 to advise the community that archaeological walkover surveys will
resume in November 2015. The community expressed concern that Project-related
testing activities were being conducted on Crown land without Madawaska Maliseet
First Nation’s approval. Energy East’s environmental consultant explained that the
activities will be conducted on a small portion of Crown land.
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Volume 10: Aboriginal Engagement
Energy East coordinated a conference call to further discuss the December 2015 filing
of updated Project information with the NEB. A conference call was held shortly
thereafter in December 2015.
Energy East held a conference call with Kingsclear, Madawaska Maliseet, St. Mary’s,
and Tobique First Nations in December 2015 to discuss the upcoming December
filing of updated Project information to the NEB. Also, Energy East and the
First Nations discussed a plan for further meetings and conference calls for 2016. It
was agreed upon that monthly conference calls will be held beginning in 2016 to
discuss the Project. Energy East explained the December 2015 filing in detail and
responded to questions regarding the marine terminal and tankers. Throughout the
call, Madawaska Maliseet First Nation expressed concerns regarding marine traffic in
the Bay of Fundy, and questions were raised regarding the tankers.
St. Mary’s First Nation shared similar concerns regarding how the marine
environment might be monitored as a result of the Project. Energy East responded to
these concerns advising of the ongoing and previously conducted baseline and
environmental monitoring activities. Energy East and Madawaska Maliseet
First Nation discussed the location of the tank terminal and several other aspects of
the marine terminal. Energy East identified that changes to the Project scope will be
incorporated into emergency response plans. Madawaska Maliseet First Nation raised
general concerns regarding the environmental effects of a potential spill on the marine
habitat in the Bay of Fundy and Energy East advised that ongoing engagement on
Energy East’s assessment of these potential effects and design of appropriate
measures is important to address these concerns.
Later in the month, Energy East emailed all of the attendees on the call with more
information on the tankers in response to concerns raised during the December 2015
conference call.
Also during the December 2015 conference call, Energy East provided a summary of
St. Mary’s First Nation’s community information session and, based on feedback
from the information session, proposed changes to the format of presentations and the
delivery of Project-related information moving forward.
In an October 2015 email, Energy East was informed by the TK Collective that
Kingsclear First Nation had officially joined the collective’s approach to engagement
for both the TK and CEFA. In a subsequent call in October 2015, Energy East and the
TK Collective’s environmental consultant discussed the addition of
Kingsclear First Nation to the TK Collective. Energy East advised that the
TK Collective’s environmental consultant will be preparing a revised TK scope to
include Kingsclear First Nation.
Later in October 2015, on a conference call, the TK Collective’s advised Energy East
that Oromocto First Nation would join the Collective TK agreement. This was later
confirmed in an email to Energy East from Oromocto First Nation in November 2015.
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Discussions advanced regarding revisions to the collective TK work plan and budget
to accommodate for the addition of Oromocto and Kingsclear First Nations within the
Collective’s TK study.
In October 2015, Energy East mailed a letter to St. Mary’s First Nation, on behalf of
the TK Collective, regarding the collective’s TK study. The attached letter confirmed
acceptance of a request from St. Mary’s First Nation in April 2015 to expand the
TK study area. The response letter also advised of the limitations of this expansion
and reiterated that the purpose of the TK studies is to examine data in proximity to the
Project.
By December 2015, the collective TK work plan had been agreed upon. In a
conference call later that month, Energy East provided Kingsclear, Madawaska
Maliseet, St. Mary’s, and Tobique First Nations with an update on the collective
TK agreement and advised that the Collective’s TK study has begun.
In December 2015, the TK Collective’s environmental consultant emailed
Energy East the TK interim report. Later in the month, Energy East mailed St. Mary’s
First Nation a letter acknowledging receipt of the TK interim report and enclosed
capacity funding.
In an October email, and to follow up on September 2015 correspondence,
Energy East was informed by the CEFA Collective that Kingsclear First Nation
would join the Madawaska Maliseet, Tobique, and Woodstock First Nations’
(CEFA Collective) collective approach to the CEFA for the Project.
During a conference call in October 2015, Energy East and the CEFA Collective
discussed how the addition of the community might affect the existing collective
CEFA.
Later that month, during a subsequent conference call, the CEFA Collective notified
Energy East that in addition to Kingsclear First Nation, Oromocto First Nation was
also considering joining the CEFA Collective. During the month of November 2015,
through discussions between Energy East and the CEFA Collective, progress was
made to advance the collective CEFA.
By December 2015, Energy East advised the communities that the CEFA was
awaiting execution from Energy East and anticipates implementation in early 2016.
Energy East also explained that a schedule of activities for 2016 will be determined
by the CEFA work plan.
In October 2015, Energy East emailed Kingsclear, Madawaska Maliseet, St. Mary’s,
Tobique, and Woodstock First Nations with a list of the First Nations Observers and
Archaeologist participating in the upcoming October 2015 fieldwork associated with
the Canaport Energy East marine terminal. Also provided within the email were
May 2016
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Appendix 10-145A
Madawaska Maliseet First Nation:
Community Summaries
Energy East Pipeline Ltd.
Consolidated Application
Volume 10: Aboriginal Engagement
infographics for the shovel testing and geotechnical programs, as requested by the
communities in the previous reporting period.
Energy East emailed Madawaska Maliseet First Nation in October 2015 to provide a
hyperlink to the Energy East blog describing the 2015 Field Worker Program and
highlighting experiences of participants within the Program. Also in the email,
Energy East summarized the communications efforts for the Field Worker Program
throughout September and October 2015. In the same email, Energy East advised that
it will continue to provide Project information to those who have requested it.
Regarding the inclusion of Kingsclear and Oromocto First Nations into the collective
TK work plan, Energy East was advised by the TK Collective on an October 2015
conference call that both Kingsclear and Oromocto First Nations are amenable to the
current draft collective TK work plan. Energy East requested an updated TK
work plan to reflect the official addition of the communities into the TK Collective
for review; the TK Collective agreed to discuss the updated TK work plan with
Energy East when it is available.
In October 2015, Energy East emailed Madawaska Maliseet First Nation a document
summarizing the reporting processes for the archaeological activities associated with
the 2015 Field Worker Program. The document outlined the reporting processes for
Energy East’s environmental consultant and for the First Nations participants in the
program.
In November 2015, Energy East emailed Madawaska Maliseet First Nation a
document summarizing Aboriginal participation in the Project. The document
provided a preliminary summary of Aboriginal participation to date in the
environmental, archaeological, and shovel testing programs within the 2015
Field Worker Program. The document also advised of the timelines that the activities
were conducted, as well as the number of Aboriginal participants in the program’s
activities.
In a December 2015 conference call, Energy East and Kingsclear, Madawaska
Maliseet, St. Mary’s, and Tobique First Nations discussed the proposed post-season
workshop for the 2015 Field Worker Program. Energy East proposed a workshop for
early 2016 and the communities on the call agreed. In subsequent emails throughout
December 2015, Energy East and the TK Collective agreed upon the objectives and
logistics regarding a post-season workshop in January 2016.
In December 2015, Energy East emailed Madawaska Maliseet First Nation engaged
on the Project in New Brunswick regarding the post-season workshop for the
2015 Field Worker Program. Energy East explained the objective of the workshops,
provided the time requirements, and proposed that it be held in early 2016.
Energy East sent a follow-up email later in the month confirming that the workshop
will be held in January 2016.
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May 2016
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Energy East Pipeline Ltd.
Consolidated Application
Volume 10: Aboriginal Engagement
Appendix 10-145A
Madawaska Maliseet First Nation:
Community Summaries
Energy East will continue engagement activities with Madawaska Maliseet
First Nation to identify and address potential future Project-related concerns and will
continue to share information and determine the next steps in engagement.
May 2016
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