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INDIGENOUS CONSULTATION AND ENGAGEMENT AT CANADA’S ENERGY AND UTILITY REGULATORS

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INDIGENOUS CONSULTATION AND ENGAGEMENT AT CANADA’S ENERGY AND UTILITY REGULATORS

CAMPUT is the Association of Canada’s provincial, territorial and federal energy and utility regulators.  CAMPUT’s purpose is to improve energy and utility regulations in Canada and to educate and train our members.  We are highlighting the work of two of our members, the Canadian Nuclear Safety Commission and the Canada Energy Regulator, in the areas of Indigenous consultation and engagement.

The Canadian Nuclear Safety Commission (CNSC) has a broad mandate, including to protect health, safety and security, and the environment, and to disseminate objective scientific, technical and regulatory information to the public, including Indigenous groups.   The CNSC is also an agent of the Crown with the responsibility of ensuring the Duty to Consult is met before making decisions.  The CNSC has explored various means to ensure that Indigenous groups’ voices are heard and integrated into Commission decision-making. The CNSC has also committed to developing on-going, respectful relationships that allow open dialogue in the spirit of reconciliation and trust building.

First, the CNSC focused in-house and put into place policies, practices and processes with an overarching regulatory framework and management system to confirm that CNSC decisions uphold the Honor of the Crown. This included a Regulatory Document (REGDOC 3.2.2, 2016) that sets out the Commission expectations on how proponents play a significant role in working with Indigenous groups to address concerns and mitigate impacts and / or treaty rights, early in design and project proposal stages.

The CNSC also has a dedicated team with expertise in Indigenous consultation and engagement that conducts ongoing engagement with Indigenous groups with interests in nuclear facilities. The long-term goal is to help build relationships and trust and help CNSC staff learn more about the history, rights, interests, and culture of the Indigenous groups. The CNSC continues to work with Indigenous groups to ensure they are provided the opportunity to present their views and give oral presentations at Commission hearings.

To support this participation, the CNSC has put in place a Participant Funding Program that in part, has helped Indigenous groups hire consultants to review technical scientific reports, fund Indigenous Knowledge studies, cover community meeting costs, pay Honoraria for elders, and costs for travel and preparations for hearings. Further, Commission hearings have taken place in communities near facilities to allow easier access by Indigenous groups, and teleconferencing, web access, live streaming and simultaneous translation in Indigenous languages has also been used.

The CNSC acknowledges the importance of working with and integrating Indigenous Knowledge alongside scientific and regulatory information in its assessments and regulatory processes, where appropriate and where authorized by Indigenous communities. Indigenous ways of knowing and cultural context enhance the CNSC’s understanding of potential impacts of projects and strengthens project reviews and regulatory oversight.

The CNSC also runs its own Independent Environmental Monitoring Program (IEMP) that seeks Indigenous participation in taking samples from public areas around nuclear facilities and measuring and analyzing the amount of radiological and hazardous substances in the samples. Following discussions with many Indigenous groups, it was recognized that they could play a key role in identifying country foods and traditional harvest areas and participate as part of the IEMP. Getting meaningful monitoring results to Indigenous communities is a key priority for the CNSC.

The Canada Energy Regulator (CER) welcomes change. In August 2019 we transitioned from the National Energy Board to the Canada Energy Regulator. The CER has been given new legislation and is focused on improvement. Reconciliation with Indigenous Peoples is a pillar of our renewal.

Our legislation directs us to find meaningful ways to engage with Indigenous Peoples. We embrace our new mandate and have woven specific deliverables on reconciliation into every aspect of our work.

Our vision: to transform the way we work with Indigenous Peoples, recognizing their unique cultures, knowledge and histories; and endeavor to reflect a renewed Nation- to-Nation relationship based on the recognition of rights, respect, cooperation and partnership.

We recognize reconciliation is an ongoing process that occurs in the context of evolving Indigenous-Crown relationships. Sitting around the table with Indigenous communities, we are working to find new ways to co-manage regulatory oversight. We recognize the inseparable connection Indigenous Peoples have with the land and the water, and we will work collaboratively to protect them. We are also ensuring we equip the communities with the right skills and support to make the changes we envision a reality.

Indigenous Advisory and Monitoring Committees (IAMC) bring together Indigenous and federal leaders to provide advice to regulators and to monitor the Trans Mountain Expansion and Line pipelines. Members share the goals of safety and protection of environmental and Indigenous interests in the lands and water. Indigenous participation does not equal support or opposition for a project, allowing for better information-sharing within the group. This initiative represents a foundational change in the way the CER and the Federal government work with Indigenous Peoples. It aims to develop an enduring and meaningful relationship for the entire lifecycle of the project. We believe our work with the IAMCs can lead the way on co- management of regulatory oversight activities and has the potential to be applied across the rest of Canada’s energy system.

Here are some other ways we are changing how we work with Indigenous Peoples:

  • We are meeting with Indigenous communities earlier on who may be impacted by projects we regulate to better understand their concerns and share how the CER holds companies accountable for the protection of Indigenous rights and interests.
  • We are adapting our hearing processes to allow for different paths of Indigenous participation. This includes sharing Indigenous Knowledge, allowing for ceremonies, selecting specific locations for the hearing that are convenient to Indigenous participants or elders, and allowing for remote participation if travel is not possible.
  • We are developing a National Indigenous Monitoring Policy so that all CER-regulated infrastructure projects can benefit from Indigenous Knowledge when they are being build and operated.
  • We are training our employees to understand more about Indigenous history, culture and contemporary issues facing Indigenous Peoples in Canada. This training ensures that consideration of Indigenous rights and interests and becomes embedded in our way of working.

Background.  The Canadian Energy Compendium is an annual Energy Council of Canada initiative which provides opportunity for cross-sectoral collaboration on a topic of shared interest across the Canadian energy sector, produced with the support of Canada’s national energy associations and Energy Council of Canada’s members. The stories contributed to the 2019 edition, Indigenous Energy Across Canada, highlight current conversations celebrating Canada’s dynamic energy sector and encouraging its continuous improvement.

Thanks to Todayville for helping us bring our members’ stories of collaboration and innovation to the public.

Click to read a foreward from JP Gladu, Chief Development and Relations Officer, Steel River Group; Former President and CEO, Canadian Council for Aboriginal Business.

JP Gladu, Chief Development and Relations Officer, Steel
River Group; Former President & CEO, Canadian Council for Aboriginal Business

 

Jacob Irving, President of Energy Council of Canada

The Canadian Energy Compendium is an annual initiative by the Energy Council of Canada to provide an opportunity for cross-sectoral collaboration and discussion on current topics in Canada’s energy sector.  The 2020 Canadian Energy Compendium: Innovations in Energy Efficiency is due to be released November 2020.

Click to read comments about this series from Jacob Irving, President of the Energy Council of Canada.

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Read more on Todayville.

 

The Energy Council of Canada brings together a diverse body of members, including voices from all energy industries, associations, and levels of government within Canada. We foster dialogue, strategic thinking, collaboration, and action by bringing together senior energy executives from all industries in the public and private sectors to address national, continental, and international energy issues.

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Automotive

High-tech cars are secretly spying on drivers, resulting in insurance rejections: NYT report

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From LifeSiteNews

By Claire Chretien

Many Americans’ driving habits are monitored without their knowledge or consent, and their driving data is being used to make decisions about insurance coverage and rates.

A lawsuit accuses General Motors of spying on a Florida man’s driving habits via his 2021 Cadillac XT6, resulting in his rejection by seven auto insurance companies.

The man, Romeo Chicco, is also suing LexisNexis, the company that shared his data with the insurance companies.

The New York Times reported:

Modern cars have been called “smartphones with wheels,” because they are connected to the internet and packed with sensors and cameras. According to the complaint, an agent at Liberty Mutual told Mr. Chicco that he had been rejected because of information in his “LexisNexis report.” LexisNexis Risk Solutions, a data broker, has traditionally kept tabs for insurers on drivers’ moving violations, prior insurance coverage and accidents.

When Mr. Chicco requested his LexisNexis file, it contained details about 258 trips he had taken in his Cadillac over the past six months. His file included the distance he had driven, when the trips started and ended, and an accounting of any speeding and hard braking or accelerating. The data had been provided by General Motors — the manufacturer of his Cadillac.

Chicco had downloaded the MyCadillac app, and “was eventually told that his data had been sent via OnStar — G.M.’s connected services company, which is also named in the suit — and that he had enrolled in OnStar’s Smart Driver program, a feature for getting driver feedback and digital badges for good driving.”

Another New York Times report explored the extent to which car manufacturers and insurance companies are able to access data about drivers: a man whose insurance rates increased by 21 percent learned that LexisNexis had “more than 130 pages detailing each time he or his wife had driven the [Chevrolet] Bolt over the previous six months. It included the dates of 640 trips, their start and end times, the distance driven and an accounting of any speeding, hard braking or sharp accelerations. The only thing it didn’t have is where they had driven the car.

As cars become increasingly high-tech, freedom and civil liberties advocates like Republican U.S. Rep. Thomas Massie of Kentucky have warned that such features may become weaponized. For example, a 2021 federal law mandates that by 2026 new cars have a “kill switch” by which they be disabled from afar – supposedly an anti-drunk driving measure. As LifeSiteNews has reported, manufacturers must put a system in cars that can “passively monitor the performance of a driver of a motor vehicle to accurately identity whether that driver may be impaired” and can stop or limit “motor vehicle operation” if “impairment is detected.”

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National

Furey a major contrast with Trudeau on affordability

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From the Canadian Taxpayers Federation

Author: Jay Goldberg 

If Canadians want to find an example of a Liberal politician who cares about affordability, they should look to St. John’s, not Ottawa.

Time and time again, Newfoundland and Labrador Premier Andrew Furey has stood on the side of taxpayers.

The latest example is his government’s decision to extend its 8.05 cent per litre gas tax cut for another year.

The gas tax cut has been in place for 21 months and has saved the average two-car Newfoundland and Labrador family more than $800. Another 12 months of lower gas prices will see family savings soar to more than $1,000.

Furey first announced the temporary tax cut in June 2022 and has now extended it twice.

The Furey government has also spoken out strongly about the detrimental impact of the carbon tax on Newfoundlanders and Labradorians.

In criticizing the Trudeau government’s carbon tax late last year, Furey noted “there is no subway” for his constituents to take as an alternative to the ever-increasing costs of driving a car to get to work or to bring kids to school.

That comment was a jibe at the infamous remarks federal Finance Minister Chrystia Freeland made when encouraging Canadians who can’t afford to pay the carbon tax to bike or take transit.

Furey noted if rural Canadians don’t have other transit options – and many don’t – then “the fundamental premise on which the [carbon tax] is based is flawed.”

Furey was also a leader in calling on Trudeau to take the carbon tax off all home heating, noting repeatedly that heating one’s home in Canada in the winter is not optional.

Under pressure, Trudeau finally did so through a temporary suspension of the carbon tax on home heating oil, which is a popular method of home heating in Atlantic Canada, but not in other regions of the country.

To Furey’s credit, he continued to call on the federal government to offer relief to Canadians who don’t use furnace oil for home heating.

Juxtapose that against the policies of Prime Minister Justin Trudeau.

Without campaigning on it, Trudeau sprung a carbon tax on Canadians in 2019. He’s increased it every year since. And he plans to keep jacking it up every year until 2030.

Trudeau has tried to sell his policies by claiming most Canadians are getting more money back from carbon tax rebates than they pay in carbon taxes. Many of Trudeau’s allies have suggested that somehow the carbon tax actually is an affordability measure.

But the Parliamentary Budget Officer has laid out the truth: the average Canadian family is losing money from the carbon tax, big time.

The average Newfoundland and Labrador family lost $347 from the carbon tax last year, even after the rebates. That’s set to climb to $1,316 a year by 2030.

For years, Trudeau told us families would be better off with the carbon tax. But after pressure from Furey and other Atlantic Canadian politicians, he temporarily removed the carbon tax on home heating oil for the next three years.

If that’s not a mea culpa that the carbon tax makes life less affordable, then Santa Claus and the Easter Bunny must be real.

The broader contrast between Furey and Trudeau is their approach to cost of living. Furey looks at what’s taking cash out of families’ wallets – gas and carbon taxes – and tries to lessen that burden by fighting for lower taxes. Trudeau’s solution to make life more affordable appears to be more taxes, more spending and more debt.

The bottom line is that Trudeau, who is sinking in the polls and faces frustrated taxpayers from coast to coast, should learn a thing or two from Furey. Canadians want life to be more affordable, and that means lowering the tax burden, not increasing it.

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