TransCanada PipeLines Limited Eastern Mainline Project Application. Section 8 Aboriginal Engagement 8.0 ABORIGINAL ENGAGEMENT 8.1 PRINCIPLES AND GOALS

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1 PDF Page 1 of 43 Section ABORIGINAL ENGAGEMENT The Program for the Project consists of engagement with First Nation and Métis communities and organizations potentially affected by the Project. Since December 2013, TransCanada has engaged with 15 First Nation and Métis communities and organizations for the Project. The Program was developed and implemented to anticipate, prevent, mitigate and manage potential Project-related effects on the exercise of Aboriginal or treaty rights and interests. This section describes the Program for the Project. It includes details on: guiding principles and goals of the program design and scope of the program identification of potentially affected First Nation and Métis communities and organizations elements of the program implementation of the engagement program, including: engagement activities conducted to date issues and concerns measures developed to address issues arising from the engagement process potential for economic opportunities plans for ongoing engagement activities TransCanada recognizes and respects the preference of individual communities and organizations to be addressed in a way that distinguishes their First Nations or Métis identity. TransCanada s engagement program is guided by applicable regulatory requirements and relevant guidance sources, including the NEB Filing Manual (2013), CEAA 2012, and related policies and guidance. 8.1 PRINCIPLES AND GOALS TransCanada policies, principles and practices are being applied in the design and implementation of the Program for the Project. October 2014 Page 8-1

2 Section 8 PDF Page 2 of Principles Goals TransCanada s Aboriginal engagement is guided by TransCanada s corporate values of responsibility, integrity, innovation and collaboration. As well, TransCanada s Aboriginal Relations Policy guides engagement with First Nation and Métis communities and organizations for the Project (see Appendix 8-1: Aboriginal Relations Policy Brochure). The following principles guide TransCanada s approach to Aboriginal engagement: respect the diversity of Aboriginal cultures, recognize the importance of the land and cultivate relationships based on trust and respect work together with Aboriginal communities to obtain their perspectives and identify effects of company activities with respect to the community s values and needs to find mutually acceptable solutions and benefits strive to create short- and long-term employment and business opportunities for Aboriginal Peoples affected by TransCanada s activities support learning opportunities to provide a well-trained source of Aboriginal employees and to build capacity in Aboriginal communities respect the legal and constitutional rights of Aboriginal Peoples and recognize that TransCanada s relationships with Aboriginal Peoples are separate and different from those of the Crown TransCanada recognizes that its Program is distinct from, albeit complementary to, the Crown s duty to consult Aboriginal peoples regarding potential impacts of Crown decisions on Aboriginal and treaty rights. The Crown primarily relies on the NEB public hearing process (which is informed in part by applicants Aboriginal engagement programs) to fulfil its duty to consult. TransCanada s Program does not purport to supplant or diminish the Crown s activities in that regard. The goals of TransCanada s Program are to: build and maintain positive long-term relationships with First Nation and Métis communities and organizations potentially affected by the Project develop timely and accurate information to allow for informed, effective and meaningful engagement with First Nation and Métis communities and organizations Page 8-2 October 2014

3 PDF Page 3 of 43 Section 8 identify acceptable community engagement protocols and practices ensure that First Nation and Métis communities and organizations input and concerns are gathered, understood and integrated in Project design and execution, including the ESA, as appropriate support the participation (e.g., capacity funding and information sharing) of First Nation and Métis communities and organizations in regulatory processes integrate traditional knowledge in Project design and mitigation, where feasible ensure that First Nation and Métis communities and organizations are aware of how their participation has influenced the ESA and Project planning ensure that concerns and issues with respect to potential effects related to First Nation and Métis communities and organizations are identified and addressed identify potential for education, training, employment and contracting opportunities facilitate ongoing communication that continues through Project construction and operations Knowledge obtained through the Aboriginal engagement process is communicated to the appropriate disciplines throughout the Project. 8.2 DESIGN The Program was developed and is adapted according to the nature, location and potential effects of the Project, and the interests, information needs and concerns of First Nation and Métis communities and organizations. While the underlying principles remain the same, the purpose, scope and intensity of engagement varies according to the needs and interests of each specific community and organization. Factors that influenced the Program design were the: Project components geographic location of the Project First Nation and Métis communities and organizations that are potentially affected by or interested in the Project October 2014 Page 8-3

4 Section 8 PDF Page 4 of 43 The Program respects and, to the extent practical, incorporates the traditions and protocols specific to each First Nation and Métis community and organization. Although TransCanada typically engages with First Nation and Métis communities and organizations individually, some communities choose to be represented by a regional organization, such as the Algonquins of Ontario Consultation Office or the Métis Nation of Ontario. When directed to do so, TransCanada communicates directly with the identified organization. The Program is designed to provide First Nation and Métis communities and organizations with opportunities to: provide information relevant to the Project receive and discuss Project information ask questions and request more detailed information in areas of interest identify and communicate interests and concerns TransCanada will work collaboratively with First Nation and Métis communities and organizations to address Project-related concerns through Project design or operational changes, where practical, and will provide information on how their input influenced Project design changes. TransCanada will discuss with First Nation and Métis communities and organizations proposed measures to avoid, mitigate or otherwise manage their concerns about the potential effects of the Project, where practical. 8.3 SCOPE The Program for the Project that began in December 2013, and is described below, was initially undertaken relative to the originally proposed Project scope of up to approximately 370 km of new pipeline. The reduction in Project scope does not change the number of potentially affected First Nation and Métis communities and organizations. However, TransCanada s future engagement with some of the identified First Nation and Métis communities and organizations could change as a result of the reduction in Project scope. A letter was mailed to all potentially affected First Nation and Métis communities and organizations notifying of the reduction in Project scope and advising that TransCanada intends to file an application with the NEB in Q The letter was also sent by on August 11, For a copy of the letter, see Appendix 8-2. Page 8-4 October 2014

5 PDF Page 5 of 43 Section INITIAL DETERMINATION OF POTENTIALLY INTERESTED FIRST NATION AND MÉTIS COMMUNITIES AND ORGANIZATIONS To identify an initial list of First Nation and Métis communities and organizations potentially affected by the Project, TransCanada conducted desktop research to assess the proximity of the Project to: reserves under the Indian Act Métis communities asserted traditional territories known areas of traditional use This information was then assessed by reviewing publicly available reference materials and federal and provincial government maps, and discussing the preliminary findings with TransCanada s experienced and established network of regional contacts. Based on this process, the following First Nation and Métis communities and organizations were initially identified as being potentially affected by the Project: Alderville First Nation Algonquins of Ontario Chippewas of Georgina Island First Nation Curve Lake First Nation Métis Nation of Ontario Mississaugas of Hiawatha First Nation Mississaugas of the New Credit First Nation Mississaugas of the Scugog Island First Nation Mohawks of the Bay of Quinte First Nation Mohawk Council of Akwesasne Six Nations of the Grand River Figure 8-1 reflects the reduced Project scope and identifies many of the communities being engaged on the Project. October 2014 Page 8-5

6 Section 8 PDF Page 6 of 43 Figure 8-1: Project Scope and Communities Engaged on the Project 8.5 CONFIRMATION OF POTENTIALLY INTERESTED FIRST NATION AND MÉTIS COMMUNITIES AND ORGANIZATIONS FOR ENGAGEMENT The initial list of potentially affected First Nation and Métis communities and organizations in Section 8.5 was used to confirm interest in the Project. TransCanada started the notification process by contacting the following potentially affected communities and organizations in December 2013 to confirm contact information: Alderville First Nation Algonquins of Ontario Chippewas of Georgina Island First Nation Curve Lake First Nation Métis Nation of Ontario Mississaugas of Hiawatha First Nation Mississaugas of the New Credit First Nation Mississaugas of the Scugog Island First Nation Page 8-6 October 2014

7 PDF Page 7 of 43 Section 8 Mohawks of the Bay of Quinte First Nation Mohawk Council of Akwesasne Six Nations of the Grand River Letters introducing the Project were sent to these communities and organizations in December On June 2, 2014, TransCanada received a list of potentially affected Aboriginal communities and organizations from the MPMO that included communities and organizations that TransCanada had not initially identified. As a result, the following First Nation communities and organizations were added to TransCanada s list of potentially affected First Nation and Métis communities and organizations: Chiefs of Ontario Kawartha Nishnawbe First Nation Chippewas of Beausoleil First Nation Mnjikaning (Chippewas of Rama) First Nation Letters introducing the Project and copies of the Project Description filed with the NEB on May 8, 2014 were sent by mail to the Chippewas of Beausoleil First Nation and Mnjikaning (Chippewas of Rama) First Nation on June 9, On June 12, 2014, TransCanada contacted the MPMO to determine contact information for the Chiefs of Ontario and Kawartha Nishnawbe First Nation. Letters introducing the Project and copies of the Project Description were sent by mail to the Chiefs of Ontario and Kawartha Nishnawbe First Nation on June 16, The package addressed to Kawartha Nishnawbe First Nation was returned to TransCanada by Canada Post after being unclaimed at the post office. TransCanada resent this information package and a letter notification with respect to the change in scope for the Project to an address for the Kawartha Nishnawbe First Nation that was identified through previous TransCanada projects. As of August 21, 2014, TransCanada is awaiting a response from Kawartha Nishnawbe First Nation and Chippewas of the Beausoleil First Nation to confirm contacts for sharing Project-related information and updates. 8.6 ELEMENTS OF ENGAGEMENT PROGRAM This section describes the elements of TransCanada s engagement program for the Project. October 2014 Page 8-7

8 Section 8 PDF Page 8 of Engagement Tools To implement the engagement program, the Project uses a wide range of activities and communication tools to engage First Nation and Métis communities and organizations. Engagement activities and communication tools included: Project-specific letters and messages news releases Project-specific brochures and maps Project-specific and TransCanada fact sheets NEB brochures, including Information for Proposed Pipeline or Power Line Projects That Involve a Hearing presentations face-to-face meetings telephone calls community meetings technical workshops newspaper advertisements Project website ( Project address (easternmainline@transcanada.com) Project toll-free telephone number ( ) In addition to Project-wide communication tools consistently used to share information about the Project, the following communication tools and activities are available to specifically engage First Nation and Métis communities and organizations, as appropriate: GIS data and shape files oversize maps community information sessions and technical working organizations These activities and communication tools are implemented throughout the engagement and are updated, as required Gathering Input TransCanada is working with First Nation and Métis communities and organizations to gather input, and identify interests and specific concerns about the Project. Each community or organization could have different processes or ways to gather and share information. TransCanada works to understand how it can tailor its processes to meet Page 8-8 October 2014

9 PDF Page 9 of 43 Section 8 each community s or organization s specific needs or requirements, and provide resources accordingly, to support engagement activities. To date, information-gathering activities have involved: following up directly with First Nation and Métis communities and organizations to confirm receipt of Project information materials, and to determine their interest in engaging in engagement activities offering opportunities to exchange information, responding to questions and comments, and identifying potential concerns through individual or group meetings, site visits, telephone calls, s and other forms of correspondence or updates leveraging communication opportunities, such as the Project website, mailouts or updates, hosting Project information sessions, initiating technical workshops to discuss environmental and socio-economic matters and mitigation processes, and monitoring and responding to Project s tracking all interactions with First Nation and Métis communities and organizations in a database These engagement activities will continue throughout all Project phases Capacity Funding Agreements To support the information-gathering process, several forms of agreements will be considered to formalize engagement protocols and provide funding to plan and implement engagement activities, where appropriate Traditional Ecological Knowledge TransCanada will design and implement a Traditional Knowledge (TK) information-gathering component as part of the engagement program for the Project. The primary objective of the Project s TK component is to gather Traditional Ecological Knowledge (TEK) information to assist in identifying potential environmental and socio-economic effects on First Nation and Métis communities or organizations. The TK program for the Project seeks to: involve First Nation and Métis communities or organizations as early as possible in Project planning formally introduce the Project to First Nation and Métis communities and organizations and provide initial information communicate relevant material changes in the Project provide ongoing Project updates, including communication about the Project and anticipated regulatory schedule October 2014 Page 8-9

10 Section 8 PDF Page 10 of 43 identify and discuss concerns regarding the Project as early as possible actively seek and consider Project-related comments, including: pipeline routing and facility site selection potential adverse environmental effects and socio-economic effects proposed measures to avoid, mitigate or otherwise manage potential adverse Project effects identify sites of cultural and historical importance identify and consider potential adverse effects on the current use of lands and resources for traditional purposes obtain local TEK Where a community decides to participate in the TK component, TransCanada works with that community to develop a mutually agreeable TK workplan and TK protocol agreement that contains funding and information-sharing provisions. TK information is gathered through a TransCanada-facilitated approach or a community-facilitated approach. TK information will be gathered through a variety of means, including, as appropriate: review and synthesis of existing community TK information workshops, map workshops and technical workshops one-on-one interviews aerial reconnaissance ground-based fieldwork biophysical field research community participation in monitoring and follow-up programs TransCanada has considered and integrated in the Project ESA available TEK information gathered to date and will continue to evaluate and assess additional TK information submissions and reports, and submit supplementary filings as they become available. Protocols and processes are developed among TransCanada, its environmental consultants and each First Nation and Métis community and organization participating in the TK program for the Project. Because First Nation and Métis communities and organizations might consider some data and information to be confidential, this information might not be included in materials submitted on the public record for the Application. However, this information will be used to develop mitigation recommendations as outlined by the protocols and processes agreed on by TransCanada and each First Nation and Métis community and organization. Page 8-10 October 2014

11 PDF Page 11 of 43 Section Biophysical Study Participation TransCanada and Golder Associates Ltd. (Golder) are working together to identify opportunities for First Nation and Métis participation in the biophysical field program. Members of the Aboriginal engagement team are working with interested communities to identify suitable candidates for these opportunities based on experience, safety training and availability Topic Management TransCanada s topic management database is used to track all engagement activities including the date, contact, information discussed, topics of interest raised, any follow-up required and resolution to any topics raised. Issues are defined by the Project team as Project-specific requests related to various topics of interest and may be task oriented. These would include, for example, interest in the environment, safety and economic opportunities, which might be addressed by providing more information or holding follow-up meetings with technical personnel for further discussion. Concerns are identified based on the potential adverse effects of the Project and, as such, are managed with appropriate diligence using the topic management database. Processes are in place to identify concerns and mitigate them accordingly, where possible. Mitigation measures are generally discussed with First Nation and Métis communities and organizations and they are notified of measures taken to mitigate their concerns Mitigation and Issue Resolution Project-specific input received from First Nation and Métis communities and organizations is incorporated in Project design, planning and ESA studies, where practical. Information received is reviewed by discipline experts and considered for refinements or modifications to the Project, while balancing factors related to First Nation and Métis communities and organizations interests. The mitigation identified for the Project is developed by TransCanada in collaboration with First Nation and Métis communities and organizations during the engagement process, where practical. TransCanada will address the issues and concerns raised by: supporting TK information gathering reviewing TK information to understand the scope and depth of potential Project-related effects identified by First Nation and Métis communities and organizations making Project design or operational changes, where possible October 2014 Page 8-11

12 Section 8 PDF Page 12 of 43 meeting with First Nation and Métis communities and organizations to review TK information and discuss proposed mitigation options, including standard proven mitigation developed by TransCanada over the years to address similar types of issues and concerns informing the response or mitigation plan to address issues and concerns identified by First Nation and Métis communities and organizations, including EPPs, which are applied during the construction phase of the Project providing information and updates to First Nation and Métis communities and organizations to facilitate a broad-based understanding of proposed mitigation discussing issues, concerns and potential mitigation, as information continues to be exchanged and issues summary reports are received from First Nation and Métis communities and organizations 8.7 ENGAGEMENT ACTIVITIES AND SUMMARY OF ISSUES Engagement activities conducted to date are outlined in this section. For individual community engagement logs that document specific and detailed activities to June 30, 2014, see Appendix 8-3 to Appendix 8-17 in Volume 2. As noted above, these activities were undertaken based on the initial Project scope of up to 370 km of new pipeline. Engagement is continuing and TransCanada will provide updated logs in supplemental filings General Engagement Activities As discussed in Section 8.6, TransCanada began contacting First Nation and Métis communities and organizations in December 2013 to introduce and confirm interest in the Project. In addition, TransCanada contacted four additional First Nation communities and organizations in June 2014 in response to information received from the MPMO, as detailed in Section 8.5. After establishing initial community and organization contacts in December 2013 and January 2014, TransCanada received requests for information about the Project by several Williams Treaty First Nations to help determine their interests and address concerns about potential impacts of the Project on traditional territories. As a result, the Mississaugas of Scugog Island First Nation hosted a gathering about the Project on March 6, 2014, that included Alderville First Nation, Curve Lake First Nation, Chippewas of Georgina Island First Nation and Mississaugas of Hiawatha First Nation. Page 8-12 October 2014

13 PDF Page 13 of 43 Section 8 TransCanada was represented at the gathering by 10 personnel, including the Project Manager, Environmental Planner, Manager, Aboriginal Contracting, Director, Aboriginal Relations Canada East, regional managers and regional Community Relations. TransCanada provided presentations on the following: TransCanada Corporate Overview Eastern Mainline Project Overview Project Overview, Application Process Environmental and Socio-economic Assessment for the Project Pipeline Construction for the Project TransCanada activities in the region, including Energy East Project TransCanada Regional Operations TransCanada Safety Procedures Electronic copies of these presentations were sent to the Mississaugas of Scugog Island First Nation on May 8, 2014 via courier for distribution among the participants. In late-march and early-april 2014, Project update letters were sent electronically and by mail to the 11 First Nation and Métis communities and organizations that were initially identified (Alderville First Nation, Algonquins of Ontario Consultation Office, Chippewas of Georgina Island, Curve Lake, Métis Nation of Ontario, Mississaugas of Hiawatha First Nation, Mississaugas of the New Credit First Nation, Mississaugas of Scugog Island First Nation, Mohawk Council of Akwesasne, Mohawks of the Bay of Quinte First Nation and Six Nations of the Grand River) to inform them that: the capacity requirements for the Project were still being evaluated preliminary field studies were expected to start when the ground was clear of snow with most field studies occurring in summer and into fall 2014 TransCanada intended to submit the Project Description in the coming weeks On May 9, 2014, an update was sent to these communities and organizations to inform them of the filing of the Project Description with the NEB on May 8, 2014, and to provide a link to its posting on the NEB website. An invitation to attend open houses hosted by TransCanada was also provided, with a schedule of dates and locations. Hard copies of the Project Description were also mailed to the communities on May 21, Initially identified First Nation and Métis communities and organizations were notified on June 25, 2014, by , that funding was being made available through the NEB Participant Funding Program to support participation in the hearing for the Project. Contact information for the NEB was provided. October 2014 Page 8-13

14 Section 8 PDF Page 14 of Community and Organization Specific Engagement and Summary of Issues Following is a summary of additional individual community and organization engagement activities, beyond the initial outreach, including the key concerns or issues raised and TransCanada s plans to address or mitigate those concerns or issues. For individual community engagement logs that document specific and detailed activities to June 30, 2014, see Appendix 8-3 to Appendix 8-17 in Volume 2. The following summaries are current to August 21, Details of further engagement activities and outcomes will be provided in supplemental filings. Alderville First Nation Alderville First Nation was represented at a meeting organized by the Mississaugas of Scugog Island First Nation on March 6, Shortly after the March 24, from TransCanada providing a Project update, the community contacted TransCanada to request a meeting to discuss potential employment and other economic opportunities for their community. TransCanada met community representatives on June 5, 2014 and discussed a letter of agreement for capacity resources to enable the community to participate in Project-related activities. TransCanada is currently awaiting a response to the letter of agreement and is working with the community to facilitate participation in environmental and archaeological field studies for the Project. Algonquins of Ontario The Algonquins of Ontario (AOO) includes 10 Algonquin communities in the Ottawa River watershed: the Algonquins of Pikwàkanagàn First Nation and the communities of Antoine, Bancroft, Bonnechere, Greater Golden Lake, Mattawa/North Bay, Ottawa, Shabot Obaadjiwan, Snimikobi, and Whitney and area. The Algonquins of Pikwàkanagàn are the only community that has reserve lands recognized by the Indian Act. The AOO have concluded an agreement on consultation. This agreement sets out how the governments of Canada and Ontario will consult the AOO on proposed activities or projects in their claim territory while negotiations for an Agreement-in-Principle among the parties are ongoing. This consultation process is coordinated by the Algonquin Consultation Office (ACO) in Pembroke, Ontario. After receiving notification of the Project in December 2013, the ACO informed TransCanada in mid-january 2014 that they have an interest, but because of limited resources were unable to provide feedback at that time. In March 2014, the ACO requested a Project update to assess if follow-up action was required by the ACO. TransCanada provided the update on March 24, Page 8-14 October 2014

15 PDF Page 15 of 43 Section 8 In a follow-up call to the ACO on March 25, 2014, the ACO noted their limited capacity to respond to numerous consultation requests and asked that TransCanada provide a list of issues raised by other First Nation and Métis communities. This was provided to the ACO via on March 31, The ACO contacted TransCanada via on May 6, 2014, indicating that the Project might pass through their asserted traditional territory and requested more detailed maps of the proposed route through the townships of Augusta and Edwardsburg Cardinal. On May 9, 2014, TransCanada provided the requested maps via and indicated a willingness to meet with the ACO to further discuss their interests in the Project. On June 26, 2014, the ACO contacted TransCanada via and asserted that the Project traverses Algonquin traditional territory in the Township of Augusta and the Township of Edwardsburg Cardinal. The ACO requested that TransCanada meet with the Algonquin negotiation representatives to learn more about the Project. A meeting between TransCanada and the AOO and ACO was held on July 24, At the meeting on July 24, 2014, the AOO put forward the position that they would oppose any resource development within their land claim boundaries, including the Project, until the federal government signs the land claim Agreement-in-Principle. TransCanada acknowledged the position and provided an overview of the reduced Project scope and advised that the Project would no longer traverse lands in Augusta Township and only one land parcel in Edwardsburg Cardinal. The AOO acknowledged that this change in scope would likely mean their land claim area would no longer be affected, but requested maps be sent to the ACO to review and confirm. TransCanada committed to sending maps once they were available. TransCanada sent an electronic copy of the map showing the reduced Project scope to the ACO by on August 11, On August 19, 2014, the ACO requested the shapefiles of the map of the proposed route. TransCanada is in the process of producing the shapefiles to share with the ACO. Chiefs of Ontario The Chiefs of Ontario (COO) is a political forum and secretariat for collective decision-making, action and advocacy for the 133 First Nations communities located in the province of Ontario. The main objective of the COO office is to facilitate the discussion, planning, implementation and evaluation of all local, regional, provincial, federal and national matters affecting the First Nations in Ontario. The COO office was included on the MPMO s list of potentially affected Aboriginal communities and organizations that was sent to TransCanada in June As a result, a notification letter and copy of the Project Description were sent to the Regional Chief by mail on June 16, October 2014 Page 8-15

16 Section 8 PDF Page 16 of 43 On July 29, 2014, the COO s Environment Director contacted TransCanada seeking more information about the Project. TransCanada met with the COOs Environment Director on August 11, 2014, and provided an overview of the Project and an update (since the initial notification in December 2013) on the status of engagement with First Nation communities potentially affected by the Project. The Environment Director requested that TransCanada attend a meeting of the COO Environment Committee to provide an overview of both the Project and the Energy East Pipeline Project, and provide funding to support the travel, accommodation and meeting costs associated with hosting the meeting. The COO indicated that the NEB would also be invited to present to the committee to clarify the regulatory and approvals process. TransCanada responded that, generally, its approach to Aboriginal relations is to provide this type of funding for information meetings directly to the communities potentially affected by the Project, but requested that the COO send a formal letter with this request to facilitate a response from both the Project and Energy East. On August 18, 2014, TransCanada received a letter from Regional Chief Beardy, which was also addressed to the Acting Chair of the NEB, requesting an information session on both the Project and Energy East to clarify the roles and responsibilities of the proponent and regulator. Regional Chief Beardy indicated in the letter that because of government funding cutbacks, the COO was unable to provide the financial support required to host the meeting and requested that TransCanada cover these costs. TransCanada is in the process of developing a response on behalf of the Project and Energy East. Chippewas of Beausoleil First Nation The Chippewas of Beausoleil First Nation were included on the MPMO s list of potentially affected Aboriginal communities and organizations. A notification letter and copy of the Project Description were sent to the Chief by mail on June 9, Another letter was sent to the Chief s attention notifying the community of the change in scope for the Project. TransCanada is awaiting a response from Beausoleil First Nation. Chippewas of Georgina Island First Nation The Chippewas of Georgina Island First Nation participated in the March 6, 2014 gathering organized by the Mississaugas of Scugog Island First Nation. In a follow-up to the Project update sent via to all communities on May 9, 2014, the First Nation contacted TransCanada via on May 20, 2014, seeking a meeting to address the community s concerns with respect to how the Project might affect watersheds in the First Nation s traditional territory, and requested an information presentation to the community. Page 8-16 October 2014

17 PDF Page 17 of 43 Section 8 In a follow-up telephone call on May 22, 2014, TransCanada confirmed with the First Nation that the area of concern regarding watersheds was related to the Energy East Pipeline Project and not Eastern Mainline. On June 4, 2014, TransCanada sent contact information for the Energy East Pipeline Project via for the First Nation to request a presentation to the community on the Energy East Pipeline Project. Mnjikaning (Chippewas of Rama) First Nation The Mnjikaning (Chippewas of Rama) First Nation was included on the MPMO s list of potentially affected Aboriginal communities and organizations. A notification letter and copy of the Project Description were sent to the Chief by mail on June 9, Mnjikaning (Chippewas of Rama) First Nation responded by letter on June 27, 2014 acknowledging receipt of the Project Description. The letter indicated that the First Nation had sent a copy of the information to the Coordinator for the Williams Treaty First Nations for review and a response. TransCanada is still awaiting a response, but in the meantime has been sharing project updates with Mnjikaning (Chippewas of Rama) First Nation and with the Coordinator for the Williams Treaty First Nations, as requested by the First Nation. Curve Lake First Nation TransCanada received a letter from the Chief of Curve Lake First Nation dated January 13, 2014 that acknowledged TransCanada's December 2013 notification letter and noted the Project is in the community's traditional territory and subject to a specific claim. The Chief suggested a copy of TransCanada's proposal to consult be sent to the Williams Treaty First Nation Claims Coordinator. The letter stated the First Nation is not currently aware of any issues that would cause concern with respect to treaty or Aboriginal rights, but wished to be notified of any burial sites or remains. The community has trained archaeological liaison personnel who are available to participate in archaeological assessments. Curve Lake First Nation also participated in the March 6, 2014 gathering organized by the Mississaugas of Scugog Island First Nation. Curve Lake First Nation s May 12, response to TransCanada s May 9, indicated that they would contact TransCanada if they had any questions or concerns about the Project Description. On August 15, 2014, TransCanada received a letter from Curve Lake First Nation acknowledging receipt of TransCanada s August 8, 2014 letter about the reduction in Project scope. The letter further requested that TransCanada provide a written summary statement indicating how the Project will address the following areas of concern to the First Nation: possible environmental impact on the community s October 2014 Page 8-17

18 Section 8 PDF Page 18 of 43 drinking water, lands, endangerment to fish and wild game, and impact on Aboriginal heritage and cultural values and on endangered species. TransCanada responded on August 18, 2014 acknowledging receipt of the letter and indicating that a response addressing Curve Lake First Nation s concerns would be provided as soon as possible. Mississaugas of Hiawatha First Nation The Mississaugas of Hiawatha First Nation requested a meeting in mid-january 2014 in response to TransCanada s December 2013 Project notification letter. After discussions as to place and time, the Mississaugas of Hiawatha First Nation suggested their participation in the March 6, 2014 gathering organized by the Mississaugas of Scugog Island First Nation would satisfy their meeting request. On May 29, 2014, the Mississaugas of Hiawatha First Nation sent a letter to TransCanada requesting that the First Nation be allowed to review any archaeological reports related to the Project and requested that the community have their trained archaeological liaison personnel present at the sites during the assessments, if First Nation artifacts are found. TransCanada met community representatives on July11, 2014, and presented a letter of agreement for capacity resources to enable the community to participate in Project-related activities. The community indicated concerns about pipeline safety and potential environmental impacts, economic opportunities and also sought participation in archaeological field studies. In response, TransCanada is currently working with the community to facilitate participation in archaeological field studies for the Project. Discussions with the community are ongoing to confirm timing for a presentation to the community on pipeline safety, potential environmental impacts and economic opportunities. Kawartha Nishnawbe First Nation The Kawartha Nishnawbe First Nation was included on the MPMO s list of potentially affected Aboriginal communities and organizations. As the Kawartha Nishnawbe First Nation does not have reserve land under the Indian Act and is not a registered band, TransCanada requested and received a mailing address from the MPMO. The package containing a letter and copy of the Project Description was mailed to the First Nation on June 16, 2014 and was returned to TransCanada by Canada Post after being unclaimed at the post office. TransCanada resent this information package and a letter notifying the community about the change in scope for the Project to an address for the Kawartha Nishnawbe First Nation that was identified through previous TransCanada projects. TransCanada is awaiting a response from the community. Page 8-18 October 2014

19 PDF Page 19 of 43 Section 8 Métis Nation of Ontario The Métis Nation of Ontario (MNO) is the representative body of 28 Métis community councils in Ontario. The MNO has an established consultation protocol that requires proponents to engage individual community councils through the MNO. TransCanada did not receive a response to its attempt to notify the MNO of the Project in December 2013 or to follow-up calls in January 2014, but learned through its regional contacts in early February 2014 that the MNO had hired new consultation staff and moved its office from Ottawa to Toronto. TransCanada contacted the new consultation personnel and resent the Project notification package on February 18, A Project update was sent to consultation personnel by on March 24, 2014, with a hardcopy letter sent by mail. Another Project update was sent by on May 9, To date, the MNO has not indicated any concerns or interests about the Project. Mississaugas of the New Credit First Nation TransCanada has had ongoing discussions with the Mississaugas of the New Credit First Nation (MNCFN) about the Project and other TransCanada projects in the First Nation s asserted traditional territory. These discussions are a continuation of TransCanada s long-standing relationship with the community and have included the potential renewal of an existing Community Agreement. On June 18, 2014, TransCanada met with the MNCFN and their consultants to discuss the current status of new projects being undertaken by TransCanada in the First Nation s asserted traditional territory, including the Project. The First Nation inquired about capacity funding for the Project and participation in the archaeological studies. With respect to archaeological studies, the MNCFN indicated that they would first discuss appropriate participation and information sharing with First Nations located near the Project. The MNCFN also expressed concerns about the multiple pipeline projects in their asserted traditional territory, including concerns about safety and integrity, potential environmental impacts and mitigation, and job opportunities. TransCanada committed to work with the MNCFN on renewing the Community Agreement, including capacity resources. Mississaugas of Scugog Island First Nation In follow-up to TransCanada s notification in December 2013, the Mississaugas of Scugog Island First Nation (MSIFN) requested a meeting that would provide an overview of the Project, pipelines generally, TransCanada and TransCanada businesses in the region. As referenced earlier in this section, a gathering hosted by the MSIFN was held on March 6, 2014 and included participation from October 2014 Page 8-19

20 Section 8 PDF Page 20 of 43 Alderville First Nation, Chippewas of Georgina Island First Nation, Curve Lake First Nation and Mississaugas of Hiawatha First Nation. The MSIFN has not expressed any further concerns or interest in the Project. Mohawk Council of Akwesasne TransCanada met with the Mohawk Council of Akwesasne (MCA) on March 20, 2014 and provided an overview of the Project and discussed a letter of agreement for capacity resources to enable the community to participate in Project-related activities. Opportunities for participation in upcoming environmental studies were also discussed and the MCA provided an overview of the community s harmonized environmental review process. The community submitted a signed letter of agreement for capacity resources to TransCanada on June 12, TransCanada held another meeting with community representatives and the contractor hired to do the environmental field studies on April 30, 2014 to discuss participation in environmental and archaeological studies and opportunities for the community to work with TransCanada to obtain local and traditional Aboriginal knowledge about the Project area. The community was contacted by TransCanada by on May 12, 2014 with a request for contacts for potential participants in the planned field surveys, either during archaeological surveys or environmental surveys. The MCA is scheduled to participate in vegetation studies planned for July 2014 and archaeological studies later in summer At the April 30, 2014 meeting, the MCA also expressed interest in construction-related opportunities and requested that TransCanada give a community presentation focused on direct employment opportunities for the Project and pipeline safety. In follow-up, TransCanada s Manager, Aboriginal Contracting met with the community on May 16, 2014 and discussed direct employment and contracting. At the meeting, the MCA issues of concern were focused on integrating their workers in the Project using employment and contract targets because they would like to achieve 15% of the skilled trades workforce for the Project. To achieve this goal, TransCanada committed to providing the MCA with a description of the pre-qualification process for contractors and a description of welding qualification requirements and training programs for pipeline welders. A follow-up meeting was scheduled for August 21, Mohawks of the Bay of Quinte TransCanada met with the Mohawks of the Bay of Quinte (MBQ) on March 19, 2014 and provided an overview of the Project and discussed a letter of agreement for capacity resources to enable the community to participate in Project-related activities. Participation in environmental studies was also discussed. Page 8-20 October 2014

21 PDF Page 21 of 43 Section 8 In a follow-up to the March 19, 2014 meeting, TransCanada met with the MBQ and the contractor hired to do the environmental field studies on May 1, 2014, to discuss employment opportunities and opportunities for the community to work with TransCanada to obtain local and traditional Aboriginal knowledge about the Project area. An MBQ community member participated in vegetation studies completed in mid-june Six Nations of the Grand River In a follow-up to TransCanada s initial notification to the community about the Project in December 2013, the Six Nations of the Grand River informed TransCanada on January 20, 2014 that they have no interest in the Project. TransCanada continued to share information about the Project and sent updates to the community on March 24, 2014, May 9, 2014, May 21, 2014 and June 25, On June 6, 2014, the community contacted TransCanada seeking a meeting to discuss TransCanada s existing operations and planned projects in the Haldimand Tract Lands and asserted traditional territories, including an update on the Project. TransCanada met with community representatives on July 4, 2014 and committed to provide a complete inventory of operations and planned projects for these areas, and to enter into discussions on a community agreement with the Six Nations of the Grand River related to these operations and projects. 8.8 POTENTIAL FOR ECONOMIC OPPORTUNITIES The Project has the potential to provide economic opportunities for First Nation and Métis communities and organizations, including initiatives to support employment, training, contracting, business development and community investment. TransCanada is in ongoing dialogue with First Nation and Métis communities and organizations to identify economic opportunities relevant to each community or organization. The following sections describe economic opportunities being developed and implemented Aboriginal Contracting and Employment Program TransCanada is committed to supporting local communities by providing contracting and employment opportunities to qualified Aboriginal and local businesses. The Project is guided by TransCanada s Aboriginal Contracting and Employment Program, which is designed to fulfill commitments under TransCanada s Aboriginal Relations Policy and is applied in all TransCanada projects. October 2014 Page 8-21

22 Section 8 PDF Page 22 of 43 TransCanada has developed an Aboriginal contracting plan that aligns with the TransCanada policies referred to above. The Aboriginal contracting team meets with Aboriginal communities and seeks to identify specific economic opportunities that are within their capacity. Although hiring generally takes place through a prime contractor, TransCanada will attempt to match First Nation and Métis businesses with subcontracting opportunities by undertaking discussions with each community and organization. An overview of TransCanada s Aboriginal Contracting and Employment Program approach and the types of contracting opportunities that might be available are outlined in TransCanada s Aboriginal Contracting and Employment Program brochure (see Appendix 8-18). The following section outlines the key steps and objectives of the Aboriginal Contracting and Employment Program Program Overview and Introduction Initial steps in the Aboriginal Contracting and Employment Program are as follows: meet with First Nation and Métis communities and organizations near the Project to share TransCanada s contracting and employment program practices provide a detailed overview of the Project, which will include an accurate scope of work that can be used to determine areas for economic opportunities to support the construction and in-service milestones of the Project Table 8-1 provides potential contracting and employment opportunities by phase. Table 8-1: Potential Contracting and Employment Opportunities Project Phase Development Project Phase Employment Requirements The development phase requires specialized services, such as pipeline engineering, geotechnical, environmental and land services. Most of the preparatory work is completed through specialized Prime Contractors. Some contracting opportunities are available to Aboriginal and local contractors during this phase, which are typically subcontracted by the Prime Contractor. Employment and Contracting Opportunities surveying and geotechnical soil sampling, vegetation removal, fieldwork support TEK wildlife monitoring snow clearing transportation equipment rentals building access brushing and clearing Page 8-22 October 2014

23 PDF Page 23 of 43 Section 8 Table 8-1: Potential Contracting and Employment Opportunities (cont'd) Project Phase Pre-Construction Construction Operations Project Phase Employment Requirements Pre-construction involves preparing the pipeline sites, ROW and infrastructure to prepare for pipeline construction. During this phase, services are often provided by Aboriginal and local contractors. Most of the Project work occurs during the construction phase. As such, there are more contracting opportunities available to Aboriginal and local contractors during this phase. There are fewer contracting opportunities during the operations phase. Employment and Contracting Opportunities ROW clearing site preparation and temporary infrastructure access road building and maintenance heavy equipment operating equipment rental and leasing janitorial services fuel supply, flag personnel horizontal directional drilling and boring specialists security services medical services material hauling charter transportation hot shots, bus and air skilled trades pipe installation electrical and mechanical work pressure testing and inspections equipment rentals and leasing catering housekeeping and janitorial services waste and sewage services hydrovac services construction monitoring shipping services fuel supply, flag personnel and recycling services site cleanup reclamation site cleanup water hauling ROW maintenance road, equipment and general maintenance weed, rodent and pest control reclamation catering October 2014 Page 8-23

24 Section 8 PDF Page 24 of Contractor Resourcing and Qualifications Assessment and Interest Determination Assessment and interest determination of contractor qualifications, capability and readiness involves the following steps: gather information about Aboriginal contractors or their joint venture partners that might align with goods or services required for the Project offer a business capacity assessment to ensure business readiness before construction in collaboration with First Nation and Métis communities and organizations, develop an Aboriginal contractors database that can be used by the Project s prime contractors and other industry partners engage industry associations, training and employment offices, and human resources offices to assess available workers qualifications and availability Partnership Support and Aboriginal Evaluation Criteria Steps at the partnership support and Aboriginal contractor evaluation stage include: provide potential prime contractors with a list of contractors affiliated with local First Nation and Métis communities and organizations to be considered for work on the Project arrange and participate in meetings with First Nation and Métis communities and organizations and potential prime contractors, and identify the employment and contracting contacts in First Nation and Métis communities and organizations insert Aboriginal economic participation clauses in the Project s prime contracts encourage and assist all prime contractors to maximize local Aboriginal participation through direct employment and subcontracting opportunities during Project pre-construction and construction phases require each construction prime contractor to submit an Aboriginal participation plan include Aboriginal participation as an evaluation criterion when evaluating and awarding prime contracts Contract Award The contract award process involves the following steps: inform First Nation and Métis communities and organizations of the successful prime contractors offer debrief meetings with unsuccessful contractors to help them understand why they were not selected, and provide feedback Page 8-24 October 2014

25 PDF Page 25 of 43 Section Construction and Contract Monitoring The construction and contract monitoring process involves the following steps: provide a dedicated resource person to act as a construction liaison between First Nation and Métis communities and organizations and the prime contractors to facilitate effective communication provide guidance and support to the prime contractors, and First Nation and Métis communities and organizations throughout the Project construction phase implement the terms of any participation agreement signed with First Nation and Métis communities and organizations track investment and employment records on the Project meet with First Nation and Métis communities and organizations (when requested or contractually required) to review their participation provide a post-construction debrief meeting to First Nation and Métis communities and organizations on the successes and challenges of the Project To support this program, TransCanada has a dedicated Aboriginal Supply Chain team that is regionally dispersed and supports the engagement process by meeting with interested groups and businesses to discuss the Aboriginal Contracting and Employment Program. Once team members from the Aboriginal engagement team have established a relationship with a First Nation or Métis community or organization, Aboriginal Supply Chain representatives will introduce themselves and offer an opportunity to meet with the community or organization to outline and present the objectives of the Aboriginal contracting program. 8.9 CAPACITY DEVELOPMENT AND TRAINING TransCanada recognizes the importance of encouraging and enabling community participation in the Project. In collaboration with local First Nation and Métis communities and organizations, TransCanada will work with communities to identify opportunities for capacity development. TransCanada will work with local Aboriginal groups to develop their capacity to improve and advance knowledge and skills in the social, cultural and environmental context. To encourage and enable community participation in the Project, TransCanada has and will continue to collaborate with local First Nation and Métis communities and organizations to identify training needs related to employment opportunities during the Project pre-construction, construction and post-construction phases. TransCanada and prime contractors will then work with the community or organization (through their human resource coordinators, local economic development and education October 2014 Page 8-25

26 Section 8 PDF Page 26 of 43 officers, or other designated responsible representative) to support completion of training requirements identified through this collaborative effort. Examples of training offered in the past include support and sponsorship of all-terrain vehicle training, first aid, Workplace Hazardous Materials Information System (WHMIS), pipeline construction safety training and the Building Environmental Aboriginal Human Resources (BEAHR) program COMMUNITY INVESTMENT Through community engagement, TransCanada has developed an Aboriginal community investment strategy for communities near its planned operations. As a result, TransCanada has clearly defined three focus areas for community investment: community supporting initiatives that bring communities together, developing leadership and engaging members. safety funding initiatives that enable communities to respond quickly and effectively to local needs and focus on emergency preparedness, accident prevention, and education and training. environment working with organizations to conserve important habitat, protect species at risk and educate individuals about the importance of the environment. TransCanada has allocated internal resources dedicated to supporting the community investment strategy. TransCanada works to communicate and allocate funding to various initiatives, programs, community events and cultural gatherings that demonstrate TransCanada s commitment to bringing communities together, developing capacity, and promoting safe and vibrant communities ONGOING ENGAGEMENT Next Steps Engagement program implementation activities will continue during all Project phases. TransCanada will continue to respond to questions and comments, and identify and seek resolution to First Nation and Métis communities and organizations concerns. Ongoing engagement activities will continue with the intent to: notify First Nation and Métis communities and organizations about the regulatory application, and let them know how they can review it and provide comments to the NEB inform First Nation and Métis communities and organizations about the status of the Project and ongoing pipeline corridor assessments address or resolve any engagement-related commitments Page 8-26 October 2014

27 PDF Page 27 of 43 Section 8 identify and address additional or outstanding questions and concerns develop and implement appropriate tools and tactics during the Project pre-construction and construction phases Plans for ongoing engagement include: Operations conducting additional community meetings and open houses, as required providing outreach to communities attending face-to-face meetings gathering information and identifying concerns updating communications materials to appropriately address or incorporate feedback, questions and concerns that arise during discussions working to tailor economic benefits (e.g., capacity development, training and employment, contracting and community investment) specific to each First Nation and Métis community or organization drafting a response or mitigation plan to address concerns identified by First Nation and Métis communities and organizations, and organizing meetings to review concerns and discuss proposed mitigation providing information and updates to First Nation and Métis communities and organizations to foster broad-based understanding and support for proposed mitigation seeking to resolve Project-related concerns through Project design or operational changes After construction, engagement activities will be transitioned from construction to operations. Regionally based TransCanada liaison personnel will continue to build and maintain relationships with First Nation and Métis communities and organizations in the Project area. As described in Section 5, TransCanada s PA program will be implemented for the Project once it is in service. October 2014 Page 8-27

28 Section 8 PDF Page 28 of 43 Page 8-28 October 2014

29 PDF Page 29 of 43 Appendix 8-1 Appendix 8-1 Aboriginal Relations Policy Brochure October 2014

30 PDF Page 30 of 43 ABORIGINAL RELATIONS TransCanada COMMITTED TO BEING A GOOD NEIGHBOUR AND TO BUILDING AND MAINTAINING POSITIVE RELATIONSHIPS

31 PDF Page 31 of 43 ABORIGINAL RELATIONS POLICY TransCanada constructs and operates our facilities near many Aboriginal communities across Canada. TransCanada believes by developing positive, longterm relationships with the Aboriginal communities whose lives may be impacted by our activities, we can conduct our business while respecting the community interests. TransCanada s Aboriginal Relations Policy must be flexible to address the legal, social and economic realities of Aboriginal communities across Canada. OUR APPROACH Communication Engagement Commitment to many educational initiatives. The company We recognize the diversity and uniqueness of each awards hundreds of thousands of dollars through community, the significance of the land and traditions, scholarships, bursaries, material contributions and and the importance of building relationships based on in-kind donations to students and educational mutual respect and trust. organizations across the country. Collaborating with Aboriginal communities Through these initiatives, we can help support the To support safe, healthy and vibrant communities increasing number of Aboriginal professionals and we invest in cultural, educational and trades people entering and preparing for tomorrow s environmental initiatives. workforce, contributing to an outcome beneficial Creating an inclusive and supportive working environment an inclusive and supportive work environment for education and will continue to enhance and find new our employees. ways of furthering our support. Our Aboriginal contracting strategy supports Awareness opportunities for Aboriginal businesses to engage To support TransCanada s employee understanding in our ongoing operations and development of of Aboriginal history and culture, and the role new projects. Aboriginal people play in Canada and in our business, we continue to offer ongoing training programs specifically for our employees and contractors. and recognize the enormous contributions made The future by each individual. TransCanada will continue to review and adapt our Investing in education TransCanada has been a long-time contributor Aboriginal Relations Policy, programs and initiatives TransCanada respects the diversity of Aboriginal cultures, recognizes the importance of the land and cultivates relationships based on trust and respect; TransCanada works together with Aboriginal communities to identify impacts of company activities on the community s values and needs in order to find mutually acceptable solutions and benefits; Aboriginal communities. We are proud of our long-standing commitment to and knowledge of our employees and contractors to both the energy and resource industry and the Our Aboriginal human resources strategy supports We truly appreciate and value the experience The following principles guide this policy: TransCanada strives to create short and long-term employment opportunities for Aboriginal people impacted by our activities; TransCanada supports learning opportunities for Aboriginal people to provide a well-trained source of Aboriginal employees and to build capacity within Aboriginal communities; TransCanada respects the legal and Constitutional rights of Aboriginal peoples and recognizes that its relationships with Aboriginal peoples are separate and different from that of the Crown. to meet the changing needs of our business and the All TransCanada employees have a responsibility to help build and maintain relationships with the Aboriginal communities. Aboriginal communities we do business with.

32 PDF Page 32 of 43 ABORIGINAL RELATIONS POLICY TransCanada constructs and operates our facilities near many Aboriginal communities across Canada. TransCanada believes by developing positive, longterm relationships with the Aboriginal communities whose lives may be impacted by our activities, we can conduct our business while respecting the community interests. TransCanada s Aboriginal Relations Policy must be flexible to address the legal, social and economic realities of Aboriginal communities across Canada. OUR APPROACH Communication Engagement Commitment to many educational initiatives. The company We recognize the diversity and uniqueness of each awards hundreds of thousands of dollars through community, the significance of the land and traditions, scholarships, bursaries, material contributions and and the importance of building relationships based on in-kind donations to students and educational mutual respect and trust. organizations across the country. Collaborating with Aboriginal communities Through these initiatives, we can help support the To support safe, healthy and vibrant communities increasing number of Aboriginal professionals and we invest in cultural, educational and trades people entering and preparing for tomorrow s environmental initiatives. workforce, contributing to an outcome beneficial Creating an inclusive and supportive working environment an inclusive and supportive work environment for education and will continue to enhance and find new our employees. ways of furthering our support. Our Aboriginal contracting strategy supports Awareness opportunities for Aboriginal businesses to engage To support TransCanada s employee understanding in our ongoing operations and development of of Aboriginal history and culture, and the role new projects. Aboriginal people play in Canada and in our business, we continue to offer ongoing training programs specifically for our employees and contractors. and recognize the enormous contributions made The future by each individual. TransCanada will continue to review and adapt our Investing in education TransCanada has been a long-time contributor Aboriginal Relations Policy, programs and initiatives TransCanada respects the diversity of Aboriginal cultures, recognizes the importance of the land and cultivates relationships based on trust and respect; TransCanada works together with Aboriginal communities to identify impacts of company activities on the community s values and needs in order to find mutually acceptable solutions and benefits; Aboriginal communities. We are proud of our long-standing commitment to and knowledge of our employees and contractors to both the energy and resource industry and the Our Aboriginal human resources strategy supports We truly appreciate and value the experience The following principles guide this policy: TransCanada strives to create short and long-term employment opportunities for Aboriginal people impacted by our activities; TransCanada supports learning opportunities for Aboriginal people to provide a well-trained source of Aboriginal employees and to build capacity within Aboriginal communities; TransCanada respects the legal and Constitutional rights of Aboriginal peoples and recognizes that its relationships with Aboriginal peoples are separate and different from that of the Crown. to meet the changing needs of our business and the All TransCanada employees have a responsibility to help build and maintain relationships with the Aboriginal communities. Aboriginal communities we do business with.

33 PDF Page 33 of 43 TransCanada believes the road to success is supported by cultural exchange and understanding. Traditional land use studies are an important element to our project development process and TransCanada is committed to identifying and preserving important natural and cultural landscapes near our facilities and proposed developments. For more details: To reach our Community, Safety and Environment department directly, please us at: For general information, please call: Or visit our website at: AR/06/13

34 PDF Page 34 of 43 Appendix 8-2 Appendix 8-2 August 8, 2014 Letter: Scope Change and Notification of Planned NEB Filing October 2014

35 PDF Page 35 of 43 Appendix 8-2 August 8, 2014 Letter: Scope Change and Notification of Planned NEB Filing st Street S.W. Calgary, Alberta T2P 5H1 August 8, 2014 Tel: (403) Fax: (587) Re: Eastern Mainline Project Scope Change Since December 2013, TransCanada s Eastern Mainline Project team has been engaging with First Nations and Métis communities and organizations. The proposed project is needed to meet firm service commitments following the proposed transfer of a portion of the Canadian Mainline capacity to crude oil service from natural gas services as a part of the Energy East Project. The project is also required to add capacity for newly contracted requirements and to meet growing market demand for access to supplies of natural gas from the U.S. Northeast. In May and June we hosted a series of twelve open houses in communities along the proposed route, sharing information and giving interested First Nation and Métis communities and organziations and interested stakeholders an opportunity to ask questions, speak with team members and comment on the proposed project. The feedback we have received from ongoing engagement and consultation will continue to shape our planning and design process and provide critical information as we move forward with environmental and engineering assessments. TransCanada is proposing to add new natural gas pipeline facilities to the existing Canadian Mainline system in Ontario. These new facilities would be added in sections between Markham and the Township of South Dundas, on the southern arm of the Eastern Triangle. The preliminary scope of the project included the construction of approximately 370 km of pipeline. TransCanada has now finalized contracts with commercial shippers and determined a refined scope in order to ensure the appropriate amount of capacity is constructed to meet TransCanada s existing and new firm contractual commitments. The proposed project scope now includes approximately 250 km of 36 inch pipeline with the addition of nine new 11 MW compressor units to be installed at five existing compressor stations. The reduction in the route length reflects current requirements of our shippers, including the local distribution companies. As our shippers provide new requirements to us, portions of the previous proposed pipeline may be needed in the future to ensure adequate supply of natural gas into Ontario and Quebec. TransCanada will continue to keep you apprised of any future plans that may affect you or your community as that information is developed. A map of the new October 2014 Page 1 of 3

36 PDF Page 36 of 43 Appendix 8-2 August 8, 2014 Letter: Scope Change and Notification of Planned NEB Filing proposed route is attached to this letter. For more information about these recent changes to the proposed route and to view the new proposed route, please visit TransCanada anticipates submitting an application to our regulator, the National Energy Board (NEB) in Q3 2014, and is planning to host a second round of open houses in late Fall of this year. We will notify you once the application to the NEB has been submitted and as soon as dates have been determined for the open houses in the Fall. We look forward to continuing to engage with you on the Project. If you require any clarification or additional information, please do not hesitate to contact Mark Breen either by at Mark_Breen@transcanada.com or by phone at Kind regards, Lou Thompson Manager, Aboriginal Relations Eastern Mainline Project (403) (587) C: Consultation staff October 2014 Page 2 of 3

37 PDF Page 37 of 43 Appendix 8-2 August 8, 2014 Letter: Scope Change and Notification of Planned NEB Filing Map of Proposed Eastern Mainline Project October 2014 Page 3 of 3

38 PDF Page 38 of 43 Appendix 8-3 to Appendix 8-17 Appendix 8-3 to Appendix 8-17 Community Engagement Logs (see Volume 2) October August 2014

39 PDF Page 39 of 43 Appendix 8-18 Appendix 8-18 Aboriginal Contracting and Employment Program Brochure October 2014

40 PDF Page 40 of 43 Appendix 8-18 Aboriginal Contracting and Employment Program Brochure TransCanada s Aboriginal Contracting and Employment Program October 2014 Page 1 of 4

41 PDF Page 41 of 43 Appendix 8-18 Aboriginal Contracting and Employment Program Brochure Pipeline Construction Opportunities available through TransCanada Projects require a highly skilled workforce either employed by us or by third-party companies contracted to provide a variety of construction and support services. Pipeline construction requires thousands of part-time and temporary workers during the pre-construction and construction phases, and a smaller number of permanent employees are required once the pipeline is operational. Aboriginal Participation Approach Where no overlap occurs, employ/involve a community member through general contractor. TransCanada Work Activity Aboriginal Local Business Capability Where overlap occurs, there is an opportunity for Aboriginal businesses to contract with general contractor. Use only qualified businesses and award work based on the best value using a competitive process. Provide opportunities to Aboriginal businesses and people in communities affected by the project. Bundle work packages in a way that allows Aboriginal/local businesses to complete work successfully. Creating opportunities for Aboriginal and local communities and businesses TransCanada utilizes qualified companies and individuals to plan, build and operate its pipelines. We believe in supporting local communities near our pipeline projects and providing opportunities through employment and contracts to local residents and businesses. As such, we require our prime contractors to hire qualified Aboriginal and local subcontractors. These relationships are critical to the success of our pipeline projects and operations while benefiting local communities and North America as a whole. TransCanada s Aboriginal contracting and employment program is designed to fulfill commitments under the company s Aboriginal Relations Policy and is applied in all TransCanada projects. In collaboration with project teams, the Supply Chain Management (SCM) Aboriginal contracting team develops and maintains a list of contractors from local Aboriginal communities. TransCanada works with communities to identify businesses and individuals who have interest in project-related contracting and employment opportunities. Based on this information, the SCM team prepares an Aboriginal and local participation plan for the project. This plan includes the processes used to make contracting and employment opportunities available to Aboriginal and local contractors. TransCanada includes requirements in its contracts with prime contractors to hire qualified Aboriginal and local contractors and employees. Expectations and requirements regarding Aboriginal and local participation are reviewed and communicated at prime contractor preand post-award meetings. Prime contractors are required to report regularly on the project s agreed-upon Aboriginal participation program. Sub-contractors are selected based on their qualifications, capacity, safety performance, availability and cost. Our goal is to ensure a competitive contracting process with qualified contractors that is fair for all parties involved. If you have a company and are interested in contract work, you are encouraged to register with us through the vendor registration process. If you are a qualified individual seeking employment opportunities, please submit your resume to TransCanada or the prime contractors directly (Pending successful award of the Prime Construction Contracts). If you are interested in a long-term career with us, please visit our website at to explore career opportunities and student placements. We are a Canadian company with approximately 5,500 employees located throughout Canada, the United States and Mexico. October 2014 Page 2 of 4

42 PDF Page 42 of 43 Appendix 8-18 Aboriginal Contracting and Employment Program Brochure Contracting Opportunities Development Phase The development phase requires specialized services such as pipeline engineering, geo-technical, environmental, and land services. Most of the preparatory work is completed through specialized consulting firms. There are some contracting opportunities available to qualified Aboriginal and local contractors during this phase that are typically sub-contracted by the specialized consulting firms. Traditional Land Use and Traditional Ecological Knowledge use and knowledge of the land Survey and Geotechnical Services bore holes, soil sampling, vegetation removal, field work support General short-term accommodations, transportation, rentals, repairs, wildlife monitors and snow clearing Pre-Construction Phase All of the pre-construction services are managed by the prime contractors. There are some contracting opportunities often provided by qualified Aboriginal and local contractors during this phase, including: Camps support services related to camp operations, including catering, water supply, cleaning services, maintenance, sewage and garbage disposal, and miscellaneous equipment Site clearing and preparation General short-term accommodations, transportation, rentals, repairs, wildlife monitors and snow clearing Construction Phase Most of the work occurs during the construction phase of each project. As such, there are more contracting opportunities available to qualified Aboriginal and local contractors during this phase. Specialized pipeline construction firms with years of experience are utilized to perform the following: Mobilization of equipment Welding of pipes Right-of-way preparation Pipe installation Pipe transport, stringing, bending Valve installation Trenching, ditching Commissioning, testing River and stream crossing installations Demobilization During the construction phase, there are several opportunities for qualified Aboriginal and local contractors as a sub-contractor to the prime contractor. The following are some typical examples of these opportunities: Temporary construction facilities, site Charter transport hot shot, bus, air preparation, fencing Medical and security services Snow and ice roads, bridges Fuel storage and delivery, vehicle and machine repairs Support services related to camp operations: catering, water supply, cleaning services, maintenance, sewage and garbage disposal, and miscellaneous equipment Construction crew support, transport, snow removal Office, administrative and clerical services Operations Phase Once the pipeline is in full operation, there are some long term contracting opportunities available for qualified Aboriginal and local contractors including, but not limited to the following: Water hauling and sewage removal Facilities yard maintenance ROW maintenance (signs, posts, spraying, brushing) Cooking and cleaning for the crews during major work projects Road maintenance (grader and snow removal) Equipment maintenance Transportation and delivery services Consumable supply Weed control, rodent and pest control General maintenance October 2014 Page 3 of 4

43 PDF Page 43 of 43 Appendix 8-18 Aboriginal Contracting and Employment Program Brochure Materials Utilized Summer Student Program Pipelines require a variety of specialized and general equipment and materials that are sourced from qualified contractors both regionally or globally, such as: Our Summer Student Program employs students in positions in various departments at our office and field locations from early May to late August. To participate, you must be 18 years of age or over, enrolled in a post-secondary institution and returning to school in September, at the end of the work term. Applications for this program must be received each year before January 31st. Pipes, valves, fittings (specialized) Internal and external pipe coatings (specialized) Buoyancy control; concrete weights/screw anchors (specialized) For more information on Summer Student Program, visit our webpage at careers.transcanada.com/erc/cansredirect Gravel (sourced locally) transcanada.com/docs/careers/summer-student-application-guidelines Compression materials: compressors, turbines, pumps, valves, fittings (specialized) Vendor Registration Form Electrical, instrumentation, controls (specialized) Buildings (specialized) TransCanada requires that certain goods and services be prequalified before contracts are put in place to ensure the safety and quality of the work being performed or goods being obtained. By completing the vendor registration form, your company information will be retained and referenced for upcoming work. Piles, structural steel, rebar, gravel, fencing (sourced locally and regionally) Please refer to the vendor registration form for each individual project at Vessels, tanks (specialized) Contact Us We invite you to contact us with any questions you have regarding this proposed project: Perry Kocis Manager, Aboriginal Contracting, Supply Chain Management perry_kocis@transcanada.com June 2014 October 2014 Page 4 of 4