Joint agreement reached for continual improvements to Indigenous monitoring on the TMX project

(July 8, 2020) – The Canada Energy Regulator (CER), Trans Mountain Corporation (TMC) and the Indigenous Advisory and Monitoring Committee for the Trans Mountain Expansion Project and Existing Pipeline (IAMC-TMX) have reached a joint agreement to make continual improvements to Indigenous monitoring.

Earlier this year, leaders from all three organizations endorsed the initiative, which is aimed at identifying opportunities to improve TMC’s and the IAMC-TMX’s respective Indigenous monitoring programs for the Trans Mountain Expansion Project (Project).

“This agreement represents how we are fundamentally transforming the way the CER works to advance reconciliation with Indigenous Peoples,” says CER Acting-CEO Sandy Lapointe.

“Collaborating with the IAMC-TMX and Trans Mountain is helping us develop best practices in Indigenous monitoring and will inform how we approach and expand Indigenous inclusion in oversight for all future projects.”

These program discussions are even more critical in light of the COVID-19 pandemic where the CER, Fisheries and Oceans Canada (DFO), Parks Canada, and IAMC-TMX are finding innovative ways to continue to provide regulatory oversight.

“In-field inspections are still being performed, and work is ongoing to ensure Indigenous monitors and federal staff can conduct inspections safely, consistent with public and occupational health requirements,” says Lapointe.

By learning more about the unique objectives and strengths of each other’s programs, the three parties found common ground and developed a shared goal: to ensure the Project is built safely, in full regulatory compliance, with Indigenous participation in oversight, and with minimal harm to the environment and Indigenous interests.

“We’re working hard to put Indigenous boots on the ground, partnering with federal regulators to protect Indigenous interests,” says IAMC-TMX Indigenous Co-Chair Councilor Michelle Wilsdon of Enoch Cree Nation. Councillor Wilsdon is also the Chair of the Indigenous Caucus, which is comprised of the Indigenous members of the IAMC-TMX.

“Through this new initiative, we are seeking to better ensure the knowledge, values, and perspectives of Indigenous communities are respected and incorporated into how the Project is built, with the overall aim of advancing Indigenous interests in the oversight of the Project,” says Councillor Wilsdon.

Indigenous interests are reflected in the oversight of the Project and are occurring in multiple ways. The IAMC-TMX Indigenous Monitoring Program supports Indigenous Monitors to participate in verifying compliance through in-field inspections with the CER, DFO and Parks Canada. In TMC’s Indigenous Monitoring Program, Indigenous Monitors work directly with the company to ensure traditional knowledge is incorporated directly and pragmatically into construction oversight practices and decision-making.

“New ways of working together can generate better outcomes for Indigenous communities and industry,” says Kimberly Lavoie, interim NRCan Member and Government Co-Chair for IAMC-TMX.

“The relationships that we’ve developed will help all parties manage issues that might arise during construction.”

The early results of this work will improve the Indigenous monitoring programs by:

• Providing meaningful opportunities for Indigenous communities to participate in monitoring and mitigation oversight of the construction of the Project and the operations of the existing pipeline;
• Ensuring opportunities for communities to be able to work together, should they choose, in areas of shared territory;
• Increasing the transparency of construction activities and monitoring reports; and
• Building the capacity of and support for Indigenous communities and monitors to effectively protect communities’ interests.

The co-development initiative between the three organizations began in September 2019, when the CER requested Trans Mountain to collaborate with the IAMC-TMX outside of the regulatory process to assess and explore improvements to Indigenous monitoring programs.