Mackenzie Gas Pipeline The Policy Landscape and the Road Forward Tind Shepper Ryen The Policy Landscape and the Road Forward Tind Shepper Ryen

Today’s Overview  Finish review of Berger and Lysyk Inquiries.  Deh Cho obstacles.  Role of the Canadian government today.  Blanken Inquiry – Consensus building on MGP. Be prepared to talk! – The MGP will have what…  Environmental consequences?  Economic consequences?  Social consequences?  Finish review of Berger and Lysyk Inquiries.  Deh Cho obstacles.  Role of the Canadian government today.  Blanken Inquiry – Consensus building on MGP. Be prepared to talk! – The MGP will have what…  Environmental consequences?  Economic consequences?  Social consequences?

Berger Report Main Conclusions: Environment  A pipeline would threaten Northern Yukon.  No energy corridor should be created in the Delta.  There were no major concerns in the Mackenzie Valley.  A number of parks and reserves should be created: – Northern Yukon, Porcupine Caribou. – Mackenzie Bay, White Whales. – Mackenzie Valley, bird sanctuaries. – ANWR  A pipeline would threaten Northern Yukon.  No energy corridor should be created in the Delta.  There were no major concerns in the Mackenzie Valley.  A number of parks and reserves should be created: – Northern Yukon, Porcupine Caribou. – Mackenzie Bay, White Whales. – Mackenzie Valley, bird sanctuaries. – ANWR

Main Conclusions: Economic  Large-scale projects based on non-renewables rarely provide long-term employment.  Natives will fill only unskilled and semi-skilled jobs during construction.  Development undermines self-employment through hunting, fishing, and trapping.  A pipeline may accentuate economic problems in the North.  The Northern economy will not decline if a pipeline is not built.  Large-scale projects based on non-renewables rarely provide long-term employment.  Natives will fill only unskilled and semi-skilled jobs during construction.  Development undermines self-employment through hunting, fishing, and trapping.  A pipeline may accentuate economic problems in the North.  The Northern economy will not decline if a pipeline is not built.

Main Conclusions: Social and Cultural  Native culture not taken seriously.  “…[S]ocial consequences of the pipeline will not only be serious- they will be devastating.”  Development must conform to the wishes of those who live there.  Native culture not taken seriously.  “…[S]ocial consequences of the pipeline will not only be serious- they will be devastating.”  Development must conform to the wishes of those who live there.

Main Conclusions: Land Claims  Land claims part of desire for self-determination and broader native rights.  Rapid industrialization will block settlement of native rights issues.  Special status should be granted native peoples.  Land claims part of desire for self-determination and broader native rights.  Rapid industrialization will block settlement of native rights issues.  Special status should be granted native peoples.

Lysyk In Brief  Highway Pipeline benefits will largely go outside of Yukon.  Large conditional support for pipeline if: – Native land claims are settled. – Pipeline company pays to mitigate negative consequences.  A planning and regulatory agency is needed.  The pipeline should be delayed four years.  Video Part 1 Video  Highway Pipeline benefits will largely go outside of Yukon.  Large conditional support for pipeline if: – Native land claims are settled. – Pipeline company pays to mitigate negative consequences.  A planning and regulatory agency is needed.  The pipeline should be delayed four years.  Video Part 1 Video

Land Claims  Deh Cho – 40% of MGP runs through Deh Cho land. – A settlement in principal has been achieved. – Deh Cho are not part of the APG.  6 other ongoing negotiations.  Deh Cho – 40% of MGP runs through Deh Cho land. – A settlement in principal has been achieved. – Deh Cho are not part of the APG.  6 other ongoing negotiations.

Scandal!!!  Herb Norwegian, Deh Cho chief.  1998, 12 mineral claims made in name of Maureen Bernier directly in pipeline path.  Paul Bernier is vice-president of the Canadian Environmental Assessment Agency.  Deh Cho “locked out” of environmental review.  Talks to resume December 15 th.  Herb Norwegian, Deh Cho chief.  1998, 12 mineral claims made in name of Maureen Bernier directly in pipeline path.  Paul Bernier is vice-president of the Canadian Environmental Assessment Agency.  Deh Cho “locked out” of environmental review.  Talks to resume December 15 th.

Regulation along the Mackenzie Valley  11 Main Regulatory Agencies: – National Energy Board (NEB) – Mackenzie Valley Environmental Impact Review Board (MVEIRB) – Sahtu Land and Water Board – Canadian Environmental Assessment Agency – Inuvialuit Land Administration – Mackenzie Valley Land and Water Board – Gwich'in Land and Water Board – Inuvialuit Settlement Regional Joint Secretariat Environmental Impact Screening Committee – Government of the Northwest Territories Resources, Wildlife and Economic Development (RWED) – NWT Water Resources Division Indian and Northern Affairs Canada – Indian and Northern Affairs Canada  11 Main Regulatory Agencies: – National Energy Board (NEB) – Mackenzie Valley Environmental Impact Review Board (MVEIRB) – Sahtu Land and Water Board – Canadian Environmental Assessment Agency – Inuvialuit Land Administration – Mackenzie Valley Land and Water Board – Gwich'in Land and Water Board – Inuvialuit Settlement Regional Joint Secretariat Environmental Impact Screening Committee – Government of the Northwest Territories Resources, Wildlife and Economic Development (RWED) – NWT Water Resources Division Indian and Northern Affairs Canada – Indian and Northern Affairs Canada

Pipeline Regulations  Specifics determined project by project.  Guidelines are available for each region, pipelines crossing regions will likely negotiate to keep policies uniform.  MGP crosses at least 4 distinct areas just in NWT.  Specifics determined project by project.  Guidelines are available for each region, pipelines crossing regions will likely negotiate to keep policies uniform.  MGP crosses at least 4 distinct areas just in NWT.

General Guidelines  Consultation with the public is mandated. – Must be meaningful and comprehensive. – Continues throughout project, planning to abandonment.  Applicant must show how development plans changed to respond to public.  Consultation can take many forms: – Public hearing. – Mailings. – Advertising. – First Nation mandated groups.  Consultation with the public is mandated. – Must be meaningful and comprehensive. – Continues throughout project, planning to abandonment.  Applicant must show how development plans changed to respond to public.  Consultation can take many forms: – Public hearing. – Mailings. – Advertising. – First Nation mandated groups.

General Continued  Applicant performs Comprehensive Study Report, with participation of regulators and submits activity plan. – Preliminary Information Package and CSR submitted.  Environmental Impact Screening Committee: – No negative impact – no further review. – Deficient – pipeline terminated. – Further review.  Environmental Impact Review Board may impose conditions.  Applicant performs Comprehensive Study Report, with participation of regulators and submits activity plan. – Preliminary Information Package and CSR submitted.  Environmental Impact Screening Committee: – No negative impact – no further review. – Deficient – pipeline terminated. – Further review.  Environmental Impact Review Board may impose conditions.

And Continued Again  Minister of Environment receives CSR and initiates public comment.  NEB hold public hearing.  NEB makes regulatory decision.  Governor General makes final approval.  Minister of Environment receives CSR and initiates public comment.  NEB hold public hearing.  NEB makes regulatory decision.  Governor General makes final approval.

First Nation Settlement Areas  Inuvialuit, Gwich’in, and Sahtu have additional regulatory authority.  Each may refuse to authorize permits, thus stopping a project.  Deh Cho do not have any such authority.  Inuvialuit, Gwich’in, and Sahtu have additional regulatory authority.  Each may refuse to authorize permits, thus stopping a project.  Deh Cho do not have any such authority.

Blanken Inquiry  What risk does the Mackenzie Pipeline pose to: – The Environment? – The Economy? – The Society? – None, low, medium, high?  Yes or no, the NEB should allow construction of the Mackenzie Gas Pipeline?  What risk does the Mackenzie Pipeline pose to: – The Environment? – The Economy? – The Society? – None, low, medium, high?  Yes or no, the NEB should allow construction of the Mackenzie Gas Pipeline?

End Happy Thanksgiving! Tind Shepper Ryen Doctoral Candidate, Environmental Studies University of Colorado, Boulder colorado.edu Tind Shepper Ryen Doctoral Candidate, Environmental Studies University of Colorado, Boulder colorado.edu