Building Bridges with Industry and the Surrounding Community

TransCanada PipeLines Limited (TCPL)

Objectives:

WIFN asserted an interest in the bed of the St. Clair River as unceded aboriginal lands in response to a proposed extension of a pipeline across the St. Clair River by TCPL.

Description:

In April, 1995, TCPL applied to the National Energy Board (NEB) for approval of construction of a one metre pipeline crossing the St. Clair River. WIFN submitted a notice of intervention in July, 1995. Following this action, WIFN and TCPL entering into negotiations to resolve the issue, and these discussions led to a Memorandum of Agreement between the two parties. As a result, WIFN withdrew its opposition to the application in March, 1996.

The agreement included the following provisions,



• WIFN will peer review the investigation undertaken by TCPL.
  
  
• TCPL will pay WIFN's legal costs and consultant costs associated with peer review, though TCPL was not bound to agree or comply with the results of the peer review.
  
  
• Should any concerns be identified, the two parties agreed to negotiate draft conditions of approval of the project for submission to the NEB.
  
  
• If no significant environmental impacts were identified, and the project was not determined to negatively affect WIFN's way of life in any significant way, WIFN would not oppose TCPL's application to the NEB
  
  
• Following the peer review, TCPL and WIFN would negotiate the creation of a forum for ongoing communication and consultation between the two parties, with a view to the creation of a TCPL Aboriginal Policy to address, among other things, the development and implementation of a training and employment strategy for First Nation people.

Outcome:

The agreement was signed in March 1996. During construction of the pipeline in the Fall of 1996, TCPL hired a WIFN community member to participate in its water quality monitoring program. WIFN looks forward to working with TCPL in an environmental liaison committee, participation by WIFN in the development of TCPL's aboriginal relations policy, and participation by TCPL in WIFN's Circle of Environment and Development. TCPL has recently proposed a new project; hopefully the foundation of dialogue that has been established can be built upon.

Support:

WIFN recovered its costs through the agreement.