Participant Funding Program – Aboriginal Funding Envelope
Funding Review Committee's Report

Allocation of Federal Funds for the Environmental Assessment of the Keeyask Generation 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 EA was established for the Keeyask Generation Project (the Project). The EA of the Project is being conducted by means of a Comprehensive Study (CS). The FRC's purpose was to assess funding applications received under the PFP – 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 $157,300 was made available to support Aboriginal participation in the EA, and related consultation and community engagement activities, linked to:

• review and comment on the Environmental Impact Statement (EIS) Guidelines;
• review and comment on the EIS; and
• review and comment on the Comprehensive Study Report (CSR).

The deadline to submit an application was January 31, 2012. Six applications were received requesting a total of $83,049.

On February 2, 2012, the FRC met to review the applications. The FRC members were Bruce Young, retired Director of Panel Management with the Agency, acting as Committee Chairperson; Jeff Gilmour, Environmental Assessment Consultant; and Larry Lechner, Environmental Assessment Consultant.

Background

The proponent is proposing to develop a hydroelectric generating facility and supporting infrastructure on the Nelson River in northern Manitoba. The proponent is a joint venture between Manitoba Hydro and four local Cree Nations partners (Tataskweyak Cree Nation, War Lake First Nation, York Factory First Nation and Fox Lake Cree Nation) to jointly plan and develop the Project.

The Project would consist of a 695 megawatt hydroelectric generating station at Gull Rapids on the lower Nelson River, immediately upstream of Stephens Lake in Northern Manitoba. The hydroelectric energy would be sold to Manitoba Hydro. The Project would be operated as part of the Manitoba Hydro's integrated system once constructed for use in Manitoba and for export. It is anticipated that the average annual production of electricity would be 4,400 gigawatt hours.

The proposed development would include: a powerhouse facility; a spillway; dams and dykes; a permanent access road on the south side of the Nelson River; and a reservoir with an area of approximately 93 square kilometres (km²) directly upstream of the generation station of which approximately 45 km² of land would be flooded. A transmission line would be developed, owned and operated by Manitoba Hydro to provide construction power to the project site. Three separate transmission lines are proposed to be built to transmit electricity from the Project to an existing converter station for use in Manitoba and export markets. Supporting infrastructure would include roads, borrow sources, a work camp, cofferdams, an ice boom and boat docking and launching facilities.

The Project would be constructed over an 8-year period. It is proposed that the Project would begin producing power about two years before construction is completed.

The Project is also subjected to a review under the Manitoba Environment Act.

Eligibility

Under the PFP – AFE, funding may be provided to Aboriginal applicants to support their input to an EA and 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:

• Have a direct, local interest in the proposed project, such as historical or cultural ties to the area likely to be affected by the proposed project;
• Have community knowledge or Aboriginal traditional knowledge relevant to the EA; and/or
• Have expert information relevant to the anticipated environmental effects of the proposed 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 distribution of information;
• travel expenses;
• rental of office space and meeting rooms;
• office supplies and telephone charges;
• administrative and reporting costs;
• other expenses related to local collection and distribution of information;
• legal fees;
• purchase of relevant information material, with supporting information;
• general media advertising and promotion; and
• other detailed expenses, with supporting information.

Rationale for Allocation

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

• Whether Aboriginal groups could demonstrate that they plan to engage in Aboriginal consultation activities with the federal government that are linked to the EA of the proposed project;
• The ability of the Aboriginal groups to demonstrate that they have met one or more of the eligibility criteria listed above;
• 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;
• the maximum funding available to the applicant;
• The ability of the applicant to represent the interests of Aboriginal communities that might be impacted by the Project;
• Presence/absence of specific project components within the traditional lands of Aboriginal groups represented by the applicant;
• Project impacts on traditional lands and resources, and on the related interests and asserted rights and title of the Aboriginal groups represented by the applicant;
• The extent to which the proposed activities meet the requirements of the PFP – AFE; and
• The eligible activities under the PFP - AFE for the Project, which include:
  • reviewing and commenting on the EIS Guidelines;
  • reviewing and commenting on the EIS;
  • reviewing and commenting on the CSR.

Recommendation

The FRC recommends allocating $83,049 of the available PFP - AFE funding to support six applicants as follows:

• $22,049 to Manitoba Métis Federation;
• $15,900 to Cross Lake First Nation on behalf of Pimicikamak Okimawin;
• $15,900 to O-Pipon-Na-Piwin Cree Nation;
• $15,900 to Nisichawayasihk Cree Nation;
• $6,650 to Fox Lake Cree Nation; and
• $6,650 to York Factory First Nation.

The FRC further recommends that a condition of any funding allocation be that the applicants provide written comments to the Agency on the EIS Guidelines, the EIS and the CSR.

The Funding Review Committee
Keeyask Generation Project
Aboriginal Funding Envelope

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Bruce Young, retired Director of Panel Management with the Agency

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Jeff Gilmour, Environmental Assessment Consultant

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Larry Lechner, Environmental Assessment Consultant

Recommended Participant Funding Allocations
Keeyask Generation Project
Aboriginal Funding Envelope

Applicant	Total Recommended Allocation Amount
Manitoba Métis Federation	$22,049
Nisichawayasihk Cree Nation	$15,900
Cross Lake First Nation on behalf of Pimicikamak Okimawin	$15,900
O-Pipon-Na-Piwin Cree Nation	$15,900
Fox Lake Cree Nation	$6,650
York Factory First Nation	$6,650
Total:	$83,049