Kinder Morgan Canada Trans Mountain Pipeline Expansion Project

Transcription

1 Kinder Morgan Canada Trans Mountain Pipeline Expansion Project Lands Taken Up Inventory May 2015

2 LIMITATION Information collected for this Study is the sole property of the Michel First Nation. The information contained within this project-specific Study is meant for a single application only, for consideration in the regulatory review process for the Trans Mountain Pipeline Expansion Project. Citation, use or reproduction of the information contained in this Report for any other purpose is permissible only with the written consent of the Michel First Nation. Front Cover: Lands Taken Up in the Alberta RSA 2 P age

3 STUDY TEAM Report Authors: Carrie Conacher Adena Vanderjagt GIS Mapping: Adena Vanderjagt Senior Review: Tracy Campbell Kathrin Janssen 3 P age

4 EXECUTIVE SUMMARY The proposed Kinder Morgan Canada Trans Mountain Pipeline Expansion Project is located within Treaty No. 6 where Michel First Nation has Aboriginal and treaty rights on all unoccupied Crown lands. If approved, the Trans Mountain Pipeline Expansion Project will take up unoccupied Crown land within Treaty No. 6 and transfer the Crown lands in question from the inventory of unoccupied Crown lands over which Michel First Nation has Aboriginal and treaty rights and place them in the inventory of occupied Crown lands where they do not have an unrestricted right of access. This taking up of unoccupied Crown lands will result in a direct and adverse impact to the exercise of Aboriginal and treaty rights held by Michel First Nation. Michel First Nation was not provided information by the Crown or by Kinder Morgan Canada on the size and scope of the potential negative impacts arising from the Trans Mountain Pipeline Expansion Project on Michel First Nation Aboriginal and treaty rights. Specifically, no information was provided to Michel First Nation on the consequences for the taking up of unoccupied Crown lands resulting from the approval of the Trans Mountain Pipeline Expansion Project on the Aboriginal and treaty rights held by Michel First Nation. Michel First Nation commissioned this report at their own expense in an attempt to measure one component of the potential negative impacts resulting from the Trans Mountain Pipeline Expansion Project; that is, an identification of the inventory of unoccupied Crown lands in the vicinity of the proposed project. Upon analysis, 90% of the Alberta Local Study Area and 69% of the Alberta Regional Study Area will be taken up and made unavailable for Michel First Nation to exercise its Aboriginal and treaty rights. The results of this report show further analysis is necessary to determine whether the taking up of unoccupied Crown lands in the vicinity of the Project will result in an infringement of Michel First Nation Aboriginal and treaty rights. 4 P age

5 TABLE OF CONTENTS LIMITATION... 2 STUDY TEAM... 3 EXECUTIVE SUMMARY INTRODUCTION TRANS MOUNTAIN PIPELINE EXPANSION PROJECT- PROJECT DESCRIPTION PROJECT AND ALBERTA PUBLIC LANDS ACT DISPOSITIONS MICHEL FIRST NATION BACKGROUND OF MICHEL FIRST NATION MFN GENEAOLOGY TREATY NO TREATY NO. 6 AND THE MICHEL INDIAN RESERVE NO SURRENDER AND ENFRANCHISEMENT BILL C NEXT STEPS MICHEL FIRST NATION TRADITIONAL TERRITORY LANDS TAKEN UP INVENTORY GEOGRAPHIC EXTENT OF ABORIGINAL AND TREATY RIGHTS HUNTING GROUNDS TRADITIONAL TERRITORY TREATY RIGHTS THROUGHOUT TRACT SURRENDERED SAVING AND EXCEPTING LANDS TAKEN UP NATURAL RESOURCES TRANSFER AGREEMENT, RIGHT OF ACCESS VISIBLE, INCOMPATIBLE USE GOVERNMENT OF ALBERTA S INTERPRETATION OF VISIBLE, INCOMPATIBLE USE LIMIT TO THE TAKEN UP PROVISION IDENTIFYING ADVERSE IMPACTS TO ABORIGINAL AND TREATY RIGHTS ROLE OF THE CROWN IN IDENTIFYING IMPACTS P age

6 4.1.2 NO MEANINGFUL RIGHT DIRECTLY AND INDIRECTLY TAKEN UP LANDS LANDS TAKEN UP INVENTORY METHODOLOGY IDENTIFICATION OF SPATIAL AREAS FOR STUDY LAND FRAGMENTATION FACTORS FOR DEVELOPING LANDS TAKEN UP CREATION OF THE LANDS TAKEN UP MAPS LIMITATIONS OF THIS STUDY RESULTS LANDS TAKEN UP CONCLUSIONS REFERENCES P age

7 1 INTRODUCTION The following report, Michel First Nation Lands Taken Up Inventory: Kinder Morgan Canada Trans Mountain Pipeline Expansion Project (the Report), was commissioned by the Michel First Nation (MFN) at their own expense in order to provide an identification of the amount of unoccupied Crown lands that is currently unavailable, as well as lands that may be taken up by the Kinder Morgan Canada Trans Mountain Expansion Pipeline Project (the Project). Michel First Nation maintains the amount of unoccupied Crown lands that is no longer available to Michel First Nation for the exercise of their Aboriginal and treaty rights must be considered by the Crown in the regulatory review and approval process for the Project and considered in context to determine whether infringement has occurred. Michel First Nation expects the information contained in this Report will be used by Kinder Morgan Canada Trans Mountain Pipeline ULC (Trans Mountain) and the National Energy Board (NEB) to contribute to the identification of potential adverse impacts to Michel First Nation s Aboriginal and treaty rights arising from the construction and operation of the Project. As described below, in Section 4, the onus for the identification of potential adverse impacts on existing Aboriginal and treaty rights rests with the Crown. 1.1 TRANS MOUNTAIN PIPELINE EXPANSION PROJECT- PROJECT DESCRIPTION Operated by Kinder Morgan Canada Inc. (Kinder Morgan Canada) Trans Mountain has proposed a pipeline expansion (Figure 1) which would twin an existing Trans Mountain pipeline in Alberta and British Columbia. Operating since 1953, the existing Trans Mountain Pipeline (TMPL) system is 1150 kilometres long and begins at the Edmonton terminal, continuing west to Jasper National Park (parallel to Highway 16), southwest to Kamloops Terminal (adjacent to Highway 5) and further to Sumas Terminal (near Abbotsford) before terminating at the Burnaby Terminal. The TMPL currently transports a range of crude oil and petroleum products from Alberta to areas in central and southwestern British Columbia, Washington, and offshore (Trans Mountain Pipeline ULC 2013a). If approved, the expansion Project will introduce 981 kilometres of new buried pipeline, new and modified facilities (i.e. pump stations and tanks), as well as tanker loading facilities at the Westridge Terminal in British Columbia. The Project proposes to expand the existing TMPL system from m3/d (300,000 bbl/d) to a capacity of 141,500 m3/d (890,000 bbl/d); a difference of m3/d (590,000 bbl/d). Upon completion, the expanded TMPL system will comprise two parallel pipelines; Line 1 (the existing line) and Line 2 (the new line) (Trans Mountain Pipeline ULC 2013a). The Project travels through the traditional territory of Michel First Nation. 7 P age

8 Figure 1: Kinder Morgan Canada Trans Mountain Pipeline Expansion Project Map 1.2 PROJECT AND ALBERTA PUBLIC LANDS ACT DISPOSITIONS It is understood by Michel First Nation that if the Project is recommended for approval by the National Energy Board, Kinder Morgan Canada Trans Mountain Pipeline Expansion Project would then apply for and may be granted formal dispositions under the Alberta Public Lands Act by the Government of Alberta. The following permits and approvals will be sought by Trans Mountain in Alberta from the Government of Alberta: Regulatory Agency Alberta Culture Alberta Environment and Sustainable Resource Development (ESRD) Permit, Approval, Authorization and/or Notification Historical Resources Act clearance Public Land Agreement (Pipeline Land Agreement on Crown Land Fish Research License for fish rescue at isolated crossings 8 P age

9 Alberta Energy Regulator (AER) Alberta Tourism, Parks and Recreation Alberta Transportation and Infrastructure (Trans Mountain Pipeline ULC 2013b) Temporary Field Authorization for access roads on Crown land Wildlife damage permits for beaver, lodge and beaver dam removal Water Act approval for construction within a water body Notification under the Code of Practice for Watercourse Crossings Notification under the Code of Practice for the Temporary Diversion of Water for Hydrostatic Testing of Pipelines Registration under the Code of Practice for the release of Hydrostatic Test Water from Hydrostatic Testing of Petroleum Liquid and Gas Pipelines Tree cutting, burning, road use and special use permits under the Alberta Forests Act Master Land Withdrawal and Consent Agreement Environmental Field Report for Pipeline Licence or Approval under the Alberta Public Lands Act Research and Collection Permit Roadside Development Permit Several other items (dangerous goods, overweight permit, etc.) Once granted, all those dispositions that would create a long and/or temporary interest in unoccupied Crown lands for Trans Mountain and the Project would constitute a taking up of unoccupied Crown lands for the duration of the disposition. 9 P age