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Public Participation and Aboriginal Engagement

page 2   page 3   page 4

Author: Annetta Markussen-Brown

This section consists of a review of the public participation and Aboriginal engagement practices. Included is a discussion of the compliance of the Bruce Power EIS with the Terms of Reference, a description of methodology, a discussion of the results and issues raised, assessment of these issues, mitigation measures, follow-up measures and a discussion of strengths, weaknesses and lessons learned. The analysis in this section is supported by a comparison with an EIS conducted on Hydro-QuebecUs Gentilly-2 refurbishment project.

 

Terms of Reference

Public participation is central to the Environmental Assessment (EA) process as it allows for the proponent to address concerns of the public regarding the proposed project. As stated in Guidelines for the Preparation of the Environmental Impact Statement (EIS) for Bruce PowerUs New Nuclear Power Plant Project

RIn preparing the EIS, the proponent is required to engage residents and organizations in all affected communities, other interested organizations, and relevant government agencies.S

 

Compliance of EIS with Terms of Reference:

EIS Guideline Requirements

Included in EIS? Yes/No

EIS Section

2.2 Public Participation and Aboriginal Engagement

-       Highlights of public engagement (sharing of information, gathering input);

-       Methods used to provide information, obtain input and engage the public;

-       Types of support provided to communities, organizations and individuals;

-       Results;

-       Proposed measures to address public concerns;

-       Summary of issues raised;

-       Explanation of how the results of the public engagement influenced the design of the project;

-       Continue to provide up-to-date information describing the project to the public.

 

Regarding Aboriginal engagement the Bruce Power Ltd must:

 

-       Involve potentially affected Aboriginal people and identify any changes that the project may have on the current use of lands and resources for traditional purposes;

-       Include a summary of the history of the proponentUs relationship with Aboriginal people with respect to the Bruce Nuclear Site in general and the project in specific;

-       Ensure the Aboriginal people have the information they require in order to determine possible impacts;

-       Describe how the concerns of the Aboriginal people will be addressed including a summary of discussions, issues and concerns;

-       Describe the potential impact on asserted or established Aboriginal rights, title and treaty rights and present mitigation measures and

-       Describe the objectives of and the methods used for Aboriginal group engagement, issues or concerns raised through such engagement and any details not otherwise subject to confidentiality agreements, including a summary of the discussions, paper and electronic correspondence and meetings held.

-       Continue to provide up-to-date information describing the project and involve the Aboriginal people in determining how best to deliver that information e.g., the types of information required, translation needs, different formats, and the possible need for community meetings.

 

Y

Y

Y

Y

Y

Y

 

Y

 

 

 

 

Y

 

Y

 

 

Y

 

Y

Y

 

Y

 

 

 

 

 

Y

 

2.4, 3.0

2.3 Traditional Knowledge

 

-       Incorporate into the EIS the local knowledge to which it has access or that it may be expected to acquire through appropriate means, in keeping with ethical standards and without breaching obligations of confidentiality.

 

 

 

 

N

2.6

6.0 Public Participation

Y

2.4, 3.0

6.1 Aboriginal Peoples

-       Provide a summary of the history of the proponentUs relationship with Aboriginal people with respect to the project;

-       Describe the objectives  and methods used for Aboriginal group engagement, issues or concerns raised;

-       Include a summary of the discussions, correspondence and meetings held.

 

 

Y

 

Y

 

Y

3.3

6.2 Government Agencies

-       Describe the involvement of provincial and federal government ministries, departments or agencies and local governments including the municipalities of Kincardine, Saugeen Shores, Arran-Elderslie, Brockton and Huron-Kinloss. This may also include the Ontario Ministry of Energy and Infrastructure, the Ontario Ministry of the Environment, and the Ontario Ministry of Natural Resources Park Superintendents for McGregor Point and Inverhuron Provincial Parks;

-       Describe the objectives of engagement, methods used, issues raised and ways issues are addressed.

 

 

 

Y

 

 

 

 

 

Y

3.4

6.3 Stakeholders

-       Describe involvement of local businesses, neighbouring residences, cottagers, outdoor recreational interests and NGOUs;

-       Describe the objectives of engagement, methods used, issues raised and ways issues are addressed.

 

 

Y

 

Y

3.5-3.6

6.4 Other Public Participation

-       Describe any other public engagement undertaken by the proponent prior to submitting the EIS including public located outside of Canada.

 

 

Y

3.0

9.3 Valued Ecosystem Components

-       Public input on VEC selection (including comments during EIS final Guideline review period)

 

Y*

3.5.4.4

10.2.3 Aboriginal Land, Aquatic Area and Resource Use

Y

8.12

10.2.7 Description of Aboriginal peoples cultural heritage

Y

8.12

11.1 Effects Prediction

-       Consideration of views from the public and Aboriginal groups in assessment method.

 

Y

2.4-2.6, 3.0

11.5.3 Aboriginal Traditional Land Use

Y

6.3, 6.5, 9.2.11, 9.3.11, 9.4.11, 10.1.11, 10.2.11, 10.3.11, 10.4.11, 10.5.11, 10.6.11

*see comment regarding VECs in Weaknesses

Relevant Public Participation Documents

Canadian Environmental Assessment (EA) Act

Sections 21.1, 21.2 and 22 of the Canadian EA Act require that the assessment include notification of, and consultation with, potentially affected stakeholders, including the local public. Consultation activities are expected to be monitored by CNSC and Agency staff throughout the process. Public consultation is required under the Federal Joint EA process at three stages. First, the public is asked to comment on the draft Joint Review Panel Agreement and EIS Guidelines, including a public information session. Second, following the submission of the EIS by the proponent to the Joint Review Panel the public is asked to submit written comments on the EIS. Third, after the Joint Review Panel has determined the adequacy of the EIS, public hearings are held, resulting in the Joint Panel preparing its Panel Report on the Project for the federal government.

Early Aboriginal Engagement: A Guide for Proponents of Major Resource Projects

 

This guide is produced by the Major Projects Management Office. The last issue from December 2008 provides an outline that proponents can follow regarding Aboriginal engagement. This outline includes:

-       Identify Aboriginal Groups;

-       Engage Aboriginal Groups: information sessions, written correspondence, meetings with Aboriginal community leaders. Proponent may develop a formal agreement or protocol as a means to incorporate traditional knowledge and optimize the benefits;

-       Documenting the Consultation Process: including list of Aboriginal groups, project info that they were provided with, summary of issues raised, the proponentUs responses.

 

UNEP EIA Training Manual – Review of EIA Quality

The UNEP Training Manual for EIA review states that one of the key objectives of EIA review is to Ttake account of public commentU. It also tells the reader to pose the following questions:

-       Does the report address the Terms of Reference?

-       Have the views and concerns of affected and interested parties been taken into account?

-       Is the information clearly presented and understandable by decision-makers and the public?

 

The manual provides guidelines and suggests that with regards to public participation a set period for public review and a formal notification procedure should be implemented. The notification should indicate where the EIA report is displayed and how comments are to be received. It is mentioned that typically, public comments are solicited in writing. However, this approach may exclude many people, including those who are directly affected by the proposal.

 

With regards to using input from public comment it is stated in the manual that the input from the public has proven to be important in checking and evaluating the quality of the EIA report; for example, with regard to the description of the affected environment and community, the attribution of significance of residual impacts, the effectiveness of mitigation measures and the selection of an alternative.

 

Overall Compliance

The overall compliance of the Bruce Power EIS with the Terms of Reference and the other relevant EIS documents is very good. The only area where they were not able to comply is concerning the section on Traditional Knowledge in the Terms of Reference. Bruce Power was not able to provide this information within the timeframe of the EIS. Their Aboriginal Technical Study is still pending submission because of this issue.

Public Participation Objectives

-       Identify affected and interested community members, stakeholders and Aboriginal peoples;

-       Deliver Project and EA info;

-       Provide opportunities for community members, other stakeholders and Aboriginal peoples to identify their concerns and issues and provide input;

-       Encourage early information sharing by participants;

-       Improve the EA process and the Project by incorporation community and traditional knowledge as well as public ideas and opinions;

-       Address issues and concerns;

-       Demonstrate how issues and concerns have been addressed throughout the EA process.