APPENDIX B
Participant Funding Program - Aboriginal Funding Envelope Funding Review Committee's Report

Allocation of Federal Funds for the Environmental Assessment of the Sisson Project

The Participant Funding Program (PFP) is established pursuant to subsection 58(1.1) of the Canadian Environmental Assessment Act (the Act), which states: For the purposes of this Act, the Minister shall establish a participant funding program to facilitate the participation of the public in comprehensive studies, mediations and assessments by review panels. The PFP also includes an Aboriginal Funding Envelope (AFE) to strengthen the ability of Aboriginal groups to participate in federal or joint federal/provincial environmental assessment (EA) processes and in related consultation activities.

A Funding Review Committee (FRC) independent of the environmental assessment (EA) was established for the Sisson Project (the Project), which is being conducted by means of a comprehensive study (CS). Its purpose was to assess funding applications received under the PFP, Aboriginal Funding Envelope (AFE) for the Project, and to provide recommendations to the President of the Canadian Environmental Assessment Agency (the Agency) on whether funding should be provided, and if so, in what amount.

Under the AFE for this project, a total of $174,000 was made available to support Aboriginal participation and related consultation activities in the EA, including:

• Participation in internal community communications;
• Participation in Aboriginal consultation meeting with the federal government;
• Reviewing and commenting on the draft Joint (federal and provincial) Terms of Reference (guidelines);
• Reviewing and commenting on the Environmental Impact Assessment (EIA) Report submitted by the project proponent; and
• Reviewing and commenting on the Comprehensive Study Report (CSR);

The deadline to submit an application was July 15, 2011. Three applications were received for a total funding request of $373,204.

On July 22, 2011, the FRC met to review the applications. The FRC members were Mr. Paul Scott, retired Regional Director of the Agency's Pacific and Yukon office, acting as Committee Chairperson; Miss Donna McCready, Environmental Assessment Consultant; and Mr. David Taylor, Envirionmental Assessment Consultant.

Background

The proponent has proposed the development, construction and operation of a conventional open pit tungsten and molybdenum mine, and associated facilities. The Project was registered with the Province of New Brunswick (NB) in 2008 by Geodex Minerals, at which time it was determined to require a comprehensive review, the most rigorous type of EA in NB. Final provincial EIA Guidelines were issued to the proponent by NB in March 2009. At that time, there was insufficient information available to enable the federal government to confirm whether a federal assessment was required.

A new project description was submitted to federal and provincial governments by Northcliff Resources Ltd. on April 15, 2011. The Agency accepted the project description as complete on April 26, 2011. In consultation with interested federal authorities, the Agency has determined that the Project would be subject to a CS pursuant to the Canadian Environmental Assessment Act. The proposed project is subject to a provincial EIA pursuant to the Environmental Impact Assessment Regulation of the Clean Environment Act. The federal and provincial EAs will be coordinated and conducted in a cooperative manner.

Fisheries and Oceans Canada and Natural Resources Canada will participate as responsible authorities as they may issue authorizations associated with the Project. Additionally, Environment Canada, Transport Canada and Health Canada may provide expertise in the context of the CS.

As required, there will be three public comment periods in relation to the CS of the Project. The first comment period will be on the project description, procedures for the conduct of the CS and on the proponent–prepared draft Joint (federal and provincial) Terms of Reference (guidelines). The second and third comment periods will be on the joint EIA Report and the CSR, respectively.

Eligibility

Under the PFP – AFE, funding may be provided to Aboriginal groups to support their input to an EA and/or to support their engagement in consultation activities with the federal government. These activities must be linked to the EA of a proposed project through a CS, mediation or review panel.

Eligible recipients must plan to engage in Aboriginal consultation activities with the federal government that are linked to the EA of the proposed project and be able to demonstrate that they meet at least one of the following eligibility criteria:

• that the applicant(s) have a direct, local interest in the proposed project, such as living or owning property in the project area;
• that the applicant(s) have community knowledge or Aboriginal traditional knowledge relevant to the EA; or
• that the applicant(s) can provide expert information relevant to the anticipated environmental effects of the Project.

All of the applicants were deemed to have met the eligibility criteria.

Under the PFP – AFE, applicants can request funding for costs related to:

• professional fees;
• staff salaries and benefits;
• local collection and/or distribution of information;
• travel expenses;
• honoraria for Elders and Chiefs to attend meetings and functions;
• ceremonial offerings related to receiving traditional knowledge in relation to the environmental assessment;
• rental of office space and meeting rooms;
• office supplies and telephone charges;
• administrative and reporting costs;
• other expenses related to local collection and/or distribution of information;
• legal fees;
• purchase of relevant information material, with supporting information;
• general media advertising and/or promotion; and
• other detailed expenses, with supporting information.

Rationale for allocation

In reviewing the three applications and in reaching its conclusions and recommendations, the FRC took into consideration a number of factors including the following the following:

• Engagement in consultation activities with the federal government that are linked to the EA of a proposed project through a CS, mediation or review panel;
• The quality, clarity and content of the application, particularly with respect to the relationship between specific project components and the applicant's traditional lands and resources, and the applicant's proposed EA participation work plan;
• Advice received from the Agency regarding which Aboriginal groups are expected to be participants in the EA, and the role that these groups may play in the EA;
• Presence/absence of specific project components within the traditional lands of each applicant;
• Project impacts on traditional lands and resources, and on the related interests and asserted rights and title of each applicant;
• Aboriginal groups who could demonstrate that they had met at least one of the above eligibility criteria were deemed eligible for participant funding under the program;
• Information available to the FRC on other sources of government funding made available to or received by Aboriginal groups related to the review of the Project; and
• The amount of funds available under the AFE for this project.

Recommendation

The FRC recommends allocating all of the $174,000 available PFP – AFE funding to support the three applicants as follows:

• $93,400 – Assembly of First Nations' Chiefs in New Brunswick
• $41,500 – Saint Mary's First Nation
• $39,100 – Woodstock First Nation

The FRC further recommends that a condition of any funding allocation be that the applicants provide input to the EA through comments on the following: the draft Joint (federal and provincial) Terms of Reference (guidelines); EIA; and the CSR.

The Participant Funding Review Committee Sisson Project

Aboriginal Funding Envelope

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Paul Scott, Committee Chairperson, retired Regional Director of the Agency's Pacific and Yukon office

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Donna McCready, EA Consultant

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David Taylor, EA Consultant

Recommended Participant Funding Allocation Sisson Project

Aboriginal Funding Envelope

Applicants	Total allocation amount recommended
Assembly of First Nation' Chiefs in New Brunswick	$93,400
Saint Mary's First Nation	$41,500
Woodstock First Nation	$39,100
TOTAL:	$174,000