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

2. 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?

3. 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

5. 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.

7. 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.

9. 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.

10. 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

12. 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.

13. 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.

15. 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

16. 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.

18. 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.

19. 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.

20. 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.

21. 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.

23. 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?

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