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Alberta

ONE RELATIONSHIP AT A TIME:  THE PATH TO PROJECT SUCCESS

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ONE RELATIONSHIP AT A TIME:  THE PATH TO PROJECT SUCCESS

Infrastructure development is full of risks, which are managed in a number of ways. Risk management might sound cold and impersonal, but it has the potential to incent real human connections and build genuine relationships. Key risks may have leading practice on how best to mitigate, transfer, ignore or hold those risks, but when it comes to energy development across Canada, meaningful consultation and accommodation is non- negotiable. As most are well aware at this point, the Crown must consult and accommodate where Aboriginal or Treaty rights are impacted. Far from being a mandatory ‘checkbox’ in the process of project development, the undertaking of engagement and relationship-building holds the potential for mutual benefits for both the project and the impacted First Nations, Inuit, or Métis community.

Genuine relationship-building is a solid foundation for partnership on energy projects, to the benefit of both parties. This partnership can take the form of Impact Benefit Agreements (IBA) Mutual Benefit Agreements (MBA) or equity participation arrangements, among others. Both IBAs and equity arrangements have the potential to grow economic and social prosperity, but determining which approach is the best fit will be influenced by the priorities and capacity of both the developer and the Indigenous community.

In both these common approaches there are similar objectives:

  • Compensation for and mitigation of potential impact
  • Influence or control over project design and development
  • Securing benefits for the community
  • Securing social license
  • Working towards consent and support of the project
  • Reduced risk of opposition or disruption
  • Improved financing as a result of managed risks

Both also reflect an underlying premise that it is no longer acceptable to develop resources or energy infrastructure in a manner where impacts fall to one party, and benefits to the other.

When comparing and contrasting IBAs and equity arrangements, some key considerations are the degree of potential impact, the capacity and interest of the community in the project’s development and management, the project’s term, risk tolerance of either party, and financing and funding opportunities.

Impact Benefit Agreements between a project developer and impacted Indigenous community formalize project benefits sharing. Often, these IBAs will provide some employment, training, and contracting opportunities, but the economic benefits will often be tied to the project’s degree of impact to traditional lands and lifestyle (e.g., land impacts, hunting and gathering impacts, etc.). Regardless of how well the project is performing, the IBAs will guarantee a steady revenue stream to the Indigenous community. This can be a safe bet for risk adverse councils but holds the potential for serious revenue inequity in the case where the project is successful and very profitable.

Pivoting from partnership to ownership, equity participation agreements clearly scale the revenue sharing between the project developer and community as the project success and profitability increases. If the energy project does well, the First Nation, Inuit, or Métis equity partner is also going to do well and see greater revenues. The inverse is also true. In these equity arrangements, which are becoming more prevalent in the eastern provinces, the Indigenous partner has a greater say in project operations, as they are a shareholder. It also arguably provides more security to the developers, as the Indigenous partner is a proponent of the project, and no longer a potential opponent. Both partners would look to maximize the economic benefits of the project, while minimizing the adverse economic, environmental and social consequences flowing from the project. Without focusing too much on the direct revenue arrangement, equity arrangements will often also include guaranteed or preferential opportunities for contracting, procurement, employment and training.

To be clear, in either an IBA or equity arrangement model, the duty to consult and accommodate is neither negated nor automatically fulfilled. But the relationship between developer and community becomes formalized and clearer, adding transparency and certainty to an otherwise risk-filled process.

Managing project risk is a mandatory part of project development. But the means of managing risk holds so much potential for empowerment, leadership, and benefit. Project success and economic development are not an end in themselves, but rather a means to an end – the end being healthier and more prosperous First Nations, Inuit, and Métis communities, and Canada as a whole. All the while moving the dial on reconciliation through real connections, business developments, and cultural education – one relationship at a time.

Robyn Budd was a 2019 member of the Energy Council of Canada’s Young Energy Professionals program and was a Manager in KPMG’s Global Infrastructure Advisory practice, based in the unceded territory of the Musqueam, Squamish, and Tsleil-Waututh nations (Vancouver). She was also the Leader of KPMG’s National Indigenous Network.

Zachary McCue is Founder of The Waabgaag Group, with expertise in renewable, infrastructure, and resource development, specializing in equity participation and impact benefit agreements. He is a proud member of Curve Lake First Nation and is based in Ontario.

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

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

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 more stories from this series.

Read more on Todayville.

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

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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Alberta

Preston Manning: Canada is in a unity crisis

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Preston Manning's avatar Preston Manning

A Canada West Assembly would investigate why

The election of a minority Liberal government on Monday, and the strong showing of the Conservative party under Pierre Poilievre, cannot mask the fact that Canada remains seriously fractured on many fronts. Thus, one of the primary tasks of the Carney government will be to unite us for the sake of our own national well-being — not simply for the sake of presenting a strong front in future dealings with the United States.

But how is that to be done? When parliament meets as scheduled on May 26, will the government’s throne speech acknowledge the main sources of national disunity and propose the immediate adoption of remedial measures? Or will it ignore the problem entirely, which will serve to further alienate Quebec and the West from Ottawa and the rest of Canada, and weaken Canada’s bargaining position vis a vis the United States?

The principal tactic employed by the Liberal party to unite Canadians behind it in the recent election was to employ the politics of fear — fear of U.S. President Donald Trump trying to “break us so that America can own us,” as Liberal Leader Mark Carney has repeatedly said.

But if the only way to unite Canadians is through the promotion of anti-Americanism fostered by fear of some alleged American takeover — if reaction to the erratic musings of an American president is the only way to motivate more Canadians to vote in a federal election — then not only national unity, but Canadian democracy itself, is in critical condition.

We need to pinpoint what actually is fracturing the country, because if we can clearly define that, we can begin the process of removing those divisive elements to the largest extent possible. Carney and the Liberals will of course declare that it is separatist agitations in Quebec and now the West that is dividing us, but these are simply symptoms of the problem, not the cause.

Here, then, is a partial list of what underpins the division and disunity in this country and, more importantly, of some positive, achievable actions we can take to reduce or eliminate them.

First and foremost is the failure to recognize and accommodate the regional character of this country. Canada is the second-largest country by area on the planet and is characterized by huge geographic regions — the Atlantic, Central Canada, the Prairies, the Pacific Coast and the Northern territories.

Each of these regions — not just Quebec — has its own “distinctive” concerns and aspirations, which must be officially recognized and addressed by the federal government if the country is to be truly united. The previous Liberal government consistently failed to do this, particularly with respect to the Prairies, Pacific and Northern regions, which is the root of much of the alienation that even stimulates talk of western separation.

Second is Ottawa’s failure to recognize and treat the natural resources sector as a fundamental building block of our national economy — not as a relic from the past or an environmental liability, as it was regarded by the government of former prime minister Justin Trudeau.

Will the throne speech announce another 180-degree turn for the Liberal government: the explicit recognition that the great engine of the Canadian economy and our economic recovery is not the federal government, as Carney has implied, but Canada’s agricultural, energy, mining, forestry and fishery sectors, with all the processing, servicing, manufacturing and knowledge sectors that are built upon them?

A third issue we’ve been plagued with is the division of Canadian society based on race, gender, sexual preferences and other identity traits, rather than focusing on the things that unite us as a nation, such as the equality of all under the law. Many private-sector entities are beginning to see the folly of pursuing identity initiatives such as diversity, equity and inclusion that divide rather than unite, but will the Liberal government follow suit and will that intention be made crystal clear in the upcoming throne speech?

A final issue is the federal government’s intrusion into areas of provincial jurisdiction — such as natural resources, health, municipal governance, along with property and civil rights — which is the principal cause of tension and conflict between the federal and provincial governments.

The solution is to pass a federal “act respecting provincial jurisdiction” to repeal or amend the statutes that authorize federal intrusions, so as to eliminate, or at least reduce, their intrusiveness. Coincidentally, this would be a legislative measure that both the Conservatives and the Bloc could unite behind if such a statute were to be one of the first pieces of legislation introduced by the Carney government.

Polling is currently being done to ascertain whether the election of yet another Liberal government has increased the growing estrangement of western Canada from Ottawa and the rest of Canada, notwithstanding Carney’s assurances that his minority government will change its policies on climate change, pipelines, immigration, deficit spending and other distinguishing characteristics of the discredited Trudeau government.

The first test of the truthfulness of those assurances will come via the speech from the throne and the follow-up actions of the federal government.

Meanwhile, consultations are being held on the merits and means of organizing a “Canada West Assembly” to provide a democratic forum for the presentation, analysis and debate of the options facing western Canada (not just Alberta) — from acceptance of a fairer and stronger position within the federation based on guarantees from the federal government, to various independence-oriented proposals, with votes to be taken on the various options and recommendations to be made to the affected provincial governments.

Only time will tell whether the newly elected Carney government chooses to address the root causes of national disunity. But whether it does so or not will influence the direction in which the western provinces and the proposed Canada West Assembly will point.

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Alberta

Premier Danielle Smith hints Alberta may begin ‘path’ toward greater autonomy after Mark Carney’s win

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From LifeSiteNews

By Anthony Murdoch

Alberta’s premier said her government will be holding a special caucus meeting on Friday to discuss Alberta’s independence.

Alberta Premier Danielle Smith hinted her province could soon consider taking serious steps toward greater autonomy from Canada in light of Mark Carney and the Liberal Party winning yesterday’s federal election.

In a statement posted to her social media channels today, Smith, who is head of Alberta’s governing United Conservative Party, warned that “In the weeks and months ahead, Albertans will have an opportunity to discuss our province’s future, assess various options for strengthening and protecting our province against future hostile acts from Ottawa, and to ultimately choose a path forward.”

“As Premier, I will facilitate and lead this discussion and process with the sincere hope of securing a prosperous future for our province within a united Canada that respects our province’s constitutional rights, facilitates rather than blocks the development and export of our abundant resources, and treats us as a valued and respected partner within confederation,” she noted.

While Smith stopped short of saying that Alberta would consider triggering a referendum on independence from Canada, she did say her government will be holding a “special caucus meeting this Friday to discuss this matter further.”

“I will have more to say after that meeting is concluded,” she noted.

Smith’s warning comes at the same time some pre-election polls have shown Alberta’s independence from Canada sentiment at just over 30 percent.

Monday’s election saw Liberal leader Mark Carney beat out Conservative rival Pierre Poilievre, who also lost his seat. The Conservatives managed to pick up over 20 new seats, however, and Poilievre has vowed to stay on as party leader, for now.

In Alberta, almost all of the seats save two at press time went to conservatives.

Carney, like former Prime Minister Justin Trudeau before him, said he is opposed to new pipeline projects that would allow Alberta oil and gas to be unleashed. Also, his green agenda, like Trudeau’s, is at odds with Alberta’s main economic driver, its oil and gas industry.

The Carney government has also pledged to mandate that all new cars and trucks by 2035 be electric, effectively banning the sale of new gasoline- or diesel-only powered vehicles after that year.

The reduction and eventual elimination of the use of so-called “fossil fuels” and a transition to unreliable “green” energy has also been pushed by the World Economic Forum (WEF) – the globalist group behind the socialist “Great Reset” agenda – an organization in which Trudeau and some of his cabinet are involved.

Smith: ‘I will not permit the status quo to continue’

In her statement, Smith noted that she invited Carney to “immediately commence working with our government to reset the relationship between Ottawa and Alberta with meaningful action rather than hollow rhetoric.”

She noted that a large majority of Albertans are “deeply frustrated that the same government that overtly attacked our provincial economy almost unabated for the past 10 years has been returned to government.”

Smith then promised that she would “not permit the status quo to continue.”

“Albertans are proud Canadians that want this nation to be strong, prosperous, and united, but we will no longer tolerate having our industries threatened and our resources landlocked by Ottawa,” she said.

Smith praised Poilievre for empowering “Albertans and our energy sector as a cornerstone of his campaign.”

Smith was against forced COVID jabs, and her United Conservative government has in recent months banned men from competing in women’s sports and passed a bill banning so-called “top and bottom” surgeries for minors as well as other extreme forms of transgender ideology.

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