From:Gitxddld Ndtiori Jo: 14032925503 I [z°• 09/14/2012 12:23 11615 P.001/005 GITXAALA NATION Box 149, GitxaalaBC, V0V lCD Phone (250) 848-2214 Fax (250) 848-2238 Fax Cover Sheet DATE: September 14,2012 TO: _listed below FROM: RE: Chief Elmer Moody Proposed Shipping of Liquefied Natural Gas through Gitxaala Nation Territory D Confidential Urgent 1] Regular I Please Reply TO: Honourable John Duncan 1-866-817-3977 Honourable Keith Ashfield 1-613-990-1866 Chair of the Nationa! Energy Board, Mr. Gaetan Caron 1-403-292-5503 I-Ionourable Denis LeBe 1-613-954-4731 1-lonourable Peter Kent 1-819-994-1412 President CEAA, Elaine Feldman 1-613-957-0862 You should receive SEP—14—2012 13:14 pages including this cover sheet. 1 250 848 2238 93Y, P.001 ro: 14032925503 From: 0ixadIa Ndtion 09/14/2012 12:23 11615 P.002/005 MAIL ROOM SALLE DE COURIER Gitxaala Nation P0 BOX 149, IUTKATLA, B.C. VOV ICO Phone (250) 848-2214 Fax (250) 848-2238 P Ill 1:31 NEB/OE September 14, 2012 BY FACSIMILE Aboriginal Affairs and Northern Development Canada Suite 600, 1138 Melville Street Vancouver, B.C., V6E 4S3 Fax: (866) 817-3977 Transport Canada 330 Sparks Street Ottawa, ON KIAON5 Fax: (613) 954-4731 Attention: The Honourable John Duncan, Minister of Aboriginal Affairs and Northern Development Canada Attention: The Honourable Denis LeBel, Minister of Transport, Infrastructure and Communities Fisheries and Oceans Canada 200 Kent Street 13th Floor, Station 13E228 Ottawa, Ontario K1A 0E6 Fax: (613) 990-1866 Environment Canada Inquiry Centre 10 Wellington. 23rd Floor Gatineau, QC, K1A 0H3 Fax: (819) 994-1412 Attention: The Honourable Keith Ashfield, Minister of Fisheries and Oceans Attention: The Honourable Peter Kent, Minister of the Environment National Energy Board 444 Seventh Avenue SW Calgary, Alberta T2P 0X8 Fax: (403) 292-5503 Canadian Environmental Assessment Agency 22nd Floor, Place Bell 160 Elgin Street Ottawa, ON, K1A 0H3 Fax: (613) 957 0862 Attention: Mr. Gaétan Caron, Chair of the National Energy Board Attention: Elaine Feldman, President of the Canadian Environmental Assessment Agency Dear Sirs: Re Proposed Shipping of Liquifled Natural Gas Through Gitxaala Nation Territory 1 am the elected Chief of Gitxaala Nation and speak on its behalf. Gitxaala holds unceded. unextinguished Aboriginal title and rights throughout its traditional territory, and those title and SEP—14—2012 13:14 1 250 848 2238 P.002 Fron:OilxadIa Nalion To:14032925503 09/14/2012 12:24 11615 P.003/005 -2rights are protected under section 35 of the Constitution Act, 1982. Gitxaala’s traditional territory is outlined on the map enclosed with this letter. Gitxaala has an obligation to its ancestors and to future generations to protect the lands and waters of its traditional territory, and its title and rights. To this end, Gitxaala has partIcipated in various regulatory processes relating to industrial projects within its territory, including the Northern Gateway Pipeline Project. I write to you now because LNG Canada Development Inc. a joint venture among Shell Canada Ltd., Korea Gas Corporation, Mitsubishi Corporation and PetroChina Company Limited (together, “LNG Canada”) is proposing to build a liquefied natural gas facility near Kitimat, — — BC. The LNG would then be transported by tanker through the heart of our traditional territory out to international shipping lanes. Gitxaala has real and serious concerns about LNG Canada’s proposal. The tankers will traverse through waters to which Gitxaala claims Aboriginal title and rights, and upon which Gitxaala has historically and contemporarily depended for its sustenance, its economy and the maintenance of its culture. A spill of LNG or tanker fuel would cause enormous damage to the pristine lands and waters of Gitxaala’ s territory. The tanker traffic will also have serious negative impacts beyond the risk of a spill, including the further erosion of Gitxaala cultural sites and the disruption and degradation of plants and animals to which the Gitxaala have Aboriginal rights and upon which they depend. These potential impacts are all the greater because they will be additional to the impacts from current and future projects in the area. Given these apparent risks to its territory and culture, Gitxaala is currently engaging with Shell Canada, as the representative of LNG Canada, in order to understand the project in detail and advise LNG Canada of its title, rights, interests and concerns. It is our understanding that the Federal Crown will need to issue a number of approvals, permits and licenses if LNG Canada’s project is to go ahead. Given the serious and wide-ranging impacts that the project could have on Gitxaala’s Aboriginal title and rights, we expect the Federal Crown to engage in deep, government-to-government consultation with us on the project before any approvals, permits or licenses are issued. SEP—14—2012 13:15 1 250 848 2238 93Z P.003 From:Oitxddla Nntion To: 14032825503 09/14/2012 12:24 11815 P.004/005 -3We are willing to engage with the Federal Crown in a variety of settings so long as ultimately the consultation is full and meaningful steps are taken to address our concerns and accommodate our rights. We are aware that the Jobs, Growth and Long-Term Prosperity Act (the “Budget Act”) has changed the relevant regulatory landscape and the means of consultation. This is particularly so in respect of the Canadian Environmental Assessment Act 2012 and the changes to the National Energy Board’s mandate over export licenses. Given this, we ask that the Federal Crown provide to us its plan for how it will fulfill its duty to consult and accommodate with respect to this proposed project. It is our expectation that such consultation begin early, it will not be acceptable to Gitxaala to be consulted only late in the process, when Gitxaala’s interests and concerns can have relatively little impact. Rather, we require that we be consulted before any approvals, permits or licenses are issued, and that we be consulted at every stage of the regulatory process, including with respect to environmental assessments, TERMPOL, and the National Energy Board. In this regard, we observe that Shell Canada has already, on July 27, 2012, applied to the National Energy Board for a long-term license to export LNG. In past export license proceedings, the Board has sought the views of First Nations, has considered the adequacy of consultation with them, and has taken into account the environmental and social impacts of marine shipping associated with an export. The Budget Act, however, appears to have removed these considerations from the Board’s mandate in respect of export licenses by amending section 118 of the National Energy Board Act. Further, under the amended section 24 of that Act, public hearings are no longer mandatory in respect of export license applications. Again, we ask how the Federal Crown intends to consult meaningfully with Gitxaala prior to the issuance of any approvals, permits or licenses, including an export license from the National Energy Board. We also reiterate our desire to engage with the Federal Crown throughout the regulatory process to ensure that Gitxaala’s concerns and rights are understood and accommodated. Last, Gitxaala Nation will require capacity funding to engage in meaningful consultation with the Federal Crown. We look forward to discussing our needs in that regard after we receive your consultation plan. SEP—14—2012 13:15 1 250 848 2238 93/ P.004 From:Gilxddla Nat;ion To: 14032925503 09/14/2012 12:25 11615 P.005/005 -4- Please make all written communications to Gitxaala through me, with a copy to: Mark Ignas do Gitxaala Environmental Monitoring 280-110 1st Avenue West Prince Rupert, BC, V8J 1A8 mark.ignasgitxaalanation.com Fax: (250) 624 3338 Tim Dickson Farris, Vaughan, Wills & Murphy LLP 2500-700 W. Georgia St. Vancouver, BC, V7Y 1B3 tdickson@farris.com Fax: (604) 661 9349 We look forward to hearing from you. Respectfully, GITXAALA NATION Per: Chief Elmer Moody SEP—14—2012 13:16 1 250 848 2238 P.005