Frequently Asked Questions
It is understood and accepted that Indigenous Nations have varied opinions on the L3RP Activities, and that some communities support the L3RP Activities and others oppose the L3RP Activities. Participating in the work of the Committee, including by an Indigenous Nation member acting as a member of the Committee or a subcommittee, does not indicate that an Indigenous Nation supports or does not oppose the L3RP Activities. Participation in this process is entirely “without prejudice” to the Government’s, the NEB’s and the Indigenous Nations’ positions with respect to existing or prospective litigation.
The Committee’s Terms of Reference state:
No diminishment of duty to consult. The Committee will be an additional forum for engagement between the NEB and the Indigenous Nations and will not replace or diminish any right of individual Indigenous Nations to be consulted and accommodated by the Government in respect of L3RP.
Not to replace or substitute for engagement or consultation. The Committee will not be used as a forum for the Government to replace or substitute any direct engagement or consultation owed to, or desired by, Indigenous Nations.
No diminishment of Enbridge’s obligations. Any advice or input provided to Enbridge by the Committee is intended to help Enbridge achieve or remain in compliance with legal requirements. This advice does not relieve Enbridge from its responsibility to comply with all applicable legal regulatory requirements, as determined by the NEB or the Government.
The Government of Canada has committed to supporting the Committee over the lifecycle of the Line 3 Replacement Program. The Government has made an initial allocation of $21.6 million over 5 years to support the Committee and its activities. The Committee allocates its budget by consensus, which means the general agreement of all Committee members on a course of action.
Enbridge does not financially support the Committee. The Committee seeks proactive and productive engagement with Enbridge with the aim of promoting continuous improvement and due diligence of its safety and environmental performance and its relations and engagement with Indigenous Nations. In order to facilitate this objective Enbridge will be invited to Committee meetings on a regular basis, and in particular, whenever the Committee determines that doing so will enable more informed deliberations.
When the Committee provides advice to the Canada Energy Regulator (CER) or the Government in writing, the CER or Government will consider the advice of the Committee with due respect to oral tradition, and, to the extent permitted by the legislative and regulatory framework and applicable principles of law, including procedural fairness, either:
- Agree with and adopt the advice; or,
- After engaging with the Committee, adopt the advice with modifications, or reject it, in which case the Regulator or the Government will provide written reasons for why the advice was modified or rejected, and whether or how the interests or concerns underlying the advice have been or will be addressed.
The duty of the CER to respond to advice will be for the benefit not only of the Committee as well as the Indigenous Nations.
The Indigenous Committee Members is comprised as follows:
- Representing Indigenous Nations in Alberta
- 3 First Nations representatives
- 1 Métis Nation representative
- Representing Indigenous Nations in Saskatchewan
- 6 First Nations representatives
- 2 Métis Nation representatives
- Representing Indigenous Nations in Manitoba
- 3 First Nations representatives
- 1 Metis Nation representative
Each Member is selected to represent the interests of all potentially impacted First Nations or the Metis Nation in their respective provinces.
Indigenous Nations selected the 16 Indigenous Members of the Committee. The role of the Government of Canada was to promote processes that were open, transparent, and fair.
The member of the Committee representing NRCan was appointed by the Deputy Minister of Natural Resources Canada. The member of the Committee representing the NEB was appointed by the Chief Executive Officer of the NEB.
As required in the Terms of Reference, the Committee will develop a succession plan which will set out the processes which will be used to select future members. The succession plan will be developed in consultation with potentially impacted Indigenous Nations.