Attachment 17 to Northern Gateway Reply Evidence

Reply & Update Aboriginal Engagement
ENBRIDGE NORTHERN GATEWAY PROJECT

July 2012

Attachment 17 to Northern Gateway Reply Evidence

Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Table of Contents

Table of Contents
1 2 3 Introduction .................................................................................................... 1-1 Written Notices and Correspondence .............................................................. 2-1 Meetings and Events ...................................................................................... 3-1
3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 2011 Northern Gateway Business Summit ....................................................... 3-1 Oil Sands Tours ............................................................................................... 3-3 Aboriginal Leadership and Management Programs .......................................... 3-3 Careers in Industry Workshop .......................................................................... 3-3 Métis Economic Summit ................................................................................... 3-3 Métis Nation of British Columbia Technical Workshop...................................... 3-4 Burns Lake Aboriginal Communities Working Group ........................................ 3-4 Technical Meetings .......................................................................................... 3-4 Community Advisory Board Meetings ............................................................... 3-4

4 5 6

Aboriginal Economic Benefits Package ........................................................... 4-1 Procurement, Employment and Training Initiatives .......................................... 5-1 Engagement Updates ..................................................................................... 6-1
6.1 Northeast Alberta Region ................................................................................. 6-1
6.1.1 6.1.2 6.1.3 6.1.4 6.1.5 6.1.6 6.1.7 6.1.8 Beaver Lake Cree Nation .............................................................................. 6-1 Whitefish Lake (Whitefish Lake First Nation #128) ....................................... 6-1 Saddle Lake (Saddle Lake Cree Nation) ....................................................... 6-3 Kehewin Cree Nation ..................................................................................... 6-7 Métis Settlements General Council ............................................................... 6-8 Buffalo Lake Métis Settlement ....................................................................... 6-8 Kikino Métis Settlement ................................................................................. 6-8 Métis Nation of Alberta Region 2 ................................................................... 6-9 Enoch Cree Nation ...................................................................................... 6-10 Alexander (Alexander First Nation) ............................................................. 6-11 Métis Nation of Alberta ................................................................................ 6-14 Métis Regional Council Zone IV of the Métis Nation of Alberta ................... 6-16 Grande Cache Métis Local #1994 ............................................................... 6-17 Gunn Métis Local #55 .................................................................................. 6-18 Yellowhead Tribal Council ........................................................................... 6-18 Paul (Paul First Nation) ............................................................................... 6-18 Alexis Nakota Sioux Nation ......................................................................... 6-21 Maskwacis Cree Nation ............................................................................... 6-24 6.3.3.1 Samson (Samson Cree Nation) .................................................. 6-24 6.3.3.2 Ermineskin Tribe (Ermineskin Cree Nation) ............................... 6-25 6.3.3.3 Louis Bull (Louis Bull Tribe) ........................................................ 6-26 6.3.3.4 Montana First Nation................................................................... 6-26

6.2

Edmonton Region .......................................................................................... 6-10
6.2.1 6.2.2 6.2.3 6.2.4 6.2.5 6.2.6 6.2.7

6.3

Central Alberta Region ................................................................................... 6-18
6.3.1 6.3.2 6.3.3

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Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Table of Contents 6.3.4 Michel First Nation ....................................................................................... 6-28 Lesser Slave Lake Indian Regional Council ................................................ 6-28 6.4.1.1 Sawridge (Sawridge First Nation) ............................................... 6-29 6.4.1.2 Swan River First Nation .............................................................. 6-29 6.4.1.3 Driftpile First Nation .................................................................... 6-31 6.4.1.4 Kapawe'no First Nation ............................................................... 6-34 6.4.1.5 Sucker Creek (Sucker Creek First Nation) ................................. 6-35 Métis Nation of Alberta Region 5 ................................................................. 6-37 Western Cree Tribal Council ....................................................................... 6-37 6.4.3.1 Sturgeon Lake Cree Nation ........................................................ 6-38 6.4.3.2 Duncan's First Nation .................................................................. 6-40 6.4.3.3 Horse Lake First Nation .............................................................. 6-41 Aseniwuche Winewak Nation ...................................................................... 6-44 Nose Creek Settlement................................................................................ 6-44 Métis Nation of Alberta Region 6 (Region VI Regional Council, Métis Nation of Alberta) ......................................................................................... 6-45 Valleyview Métis Local #1929 ..................................................................... 6-47 Grande Prairie Métis Local #1990 ............................................................... 6-47 East Prairie Métis Settlement ...................................................................... 6-47 Kelly Lake Cree Nation ................................................................................ 6-48 Kelly Lake First Nation ................................................................................. 6-50 Kelly Lake Métis Settlement Society ........................................................... 6-50 Treaty 8 Tribal Association .......................................................................... 6-51 6.5.4.1 Saulteau First Nations................................................................. 6-52 6.5.4.2 West Moberly First Nations ......................................................... 6-53 McLeod Lake (McLeod Lake Indian Band) .................................................. 6-54 Lheidli T'enneh First Nation (Lheidli T'enneh Band) .................................... 6-56 Carrier-Sekani Tribal Council ...................................................................... 6-57 6.6.3.1 Saik'uz First Nation ..................................................................... 6-57 6.6.3.2 Nak'azdli Band ............................................................................ 6-58 6.6.3.3 Tl'azt'en Nation ........................................................................... 6-58 6.6.3.4 Takla Lake First Nation ............................................................... 6-59 6.6.3.5 Nadleh Whut'en First Nation ....................................................... 6-59 6.6.3.6 Stellat'en First Nation .................................................................. 6-60 6.6.3.7 Burns Lake Band (Ts'il Kaz Koh First Nation)............................. 6-60 6.6.3.8 Wet'suwet'en First Nation ........................................................... 6-61 Yekooche (Yekooche First Nation) .............................................................. 6-61 Lake Babine Nation ..................................................................................... 6-62 Skin Tyee Nation ......................................................................................... 6-63 Nee-Tahi-Buhn (Nee-Tahi-Buhn Indian Band) ............................................ 6-63 Cheslatta Carrier Nation .............................................................................. 6-64

6.4

Northwest Alberta Region ............................................................................... 6-28
6.4.1

6.4.2 6.4.3

6.4.4 6.4.5 6.4.6 6.4.7 6.4.8 6.4.9

6.5

Northeast British Columbia Region ................................................................. 6-48
6.5.1 6.5.2 6.5.3 6.5.4

6.6

Central British Columbia Region ..................................................................... 6-54
6.6.1 6.6.2 6.6.3

6.6.4 6.6.5 6.6.6 6.6.7 6.6.8

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Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Abbreviations

6.7 6.8

Northwest British Columbia ............................................................................ 6-65
6.7.1 6.7.2 6.8.1 6.8.2 Office of the Wet'suwet'en ........................................................................... 6-65 Gitxsan Hereditary Chiefs ............................................................................ 6-67 Prince George Métis Community Association ............................................. 6-69 New Caledonia Métis Association (New Caledonia Métis Association [North Central Region]) ................................................................................ 6-69 Kitsumkalum Band (Kitsumkalum First Nation) ........................................... 6-69 Kitselas (Kitselas First Nation)..................................................................... 6-70 Kitamaat Village Council (Haisla Nation) ..................................................... 6-72 Hartley Bay Band (Gitga'at Nation).............................................................. 6-73 Kitasoo/Xai'xais Nation ................................................................................ 6-74 Heiltsuk Nation (Heiltsuk Tribal Council) ..................................................... 6-75 Gitxaala Nation (Kitkatla) ............................................................................. 6-76 Old Massett Village Council (Council of the Haida Nation) andSkidegate Band Council (Council of the Haida Nation) ......................... 6-76 Metlakatla First Nation ................................................................................. 6-77 Lax-Kw'alaams First Nation ......................................................................... 6-77 Coastal First Nations/Turning Point Initiative/Great Bear Initiative ............. 6-78

Métis Nation British Columbia ........................................................................ 6-67

6.9

Coastal British Columbia Region .................................................................... 6-69
6.9.1 6.9.2 6.9.3 6.9.4 6.9.5 6.9.6 6.9.7 6.9.8 6.9.9 6.9.10 6.9.11

Abbreviations
AANDC ..........................................Aboriginal Affairs and Northern Development Canada AOA ............................................................................... Aboriginal Ownership Agreement ATK ............................................................................... Aboriginal Traditional Knowledge CAB ......................................................................................... Community Advisory Board CLAC ............................................................................ Christian Labour Union of Canada ESA ............................................................ environmental and socio-economic assessment JRP ......................................................................................................... Joint Review Panel LOI ................................................................................................................. letter of intent MNA............................................................................................... Métis Nation of Alberta MOU.................................................................................. Memorandum of Understanding Northern Gateway .................................................... Enbridge Northern Gateway Pipelines Project.......................................................................... Enbridge Northern Gateway Project RoW ..................................................................................................................right-of-way TLE.................................................................................................... treaty land entitlement TLU ........................................................................................................ traditional land use

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Attachment 17 to Northern Gateway Reply Evidence

Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 1: Introduction

1
• • •

Introduction
the May 2010 Application, Volume 5A, which was filed with the Joint Review Panel (JRP) on May 27, 2010; the June 2011 Update to the Application, Volume 5A, which was filed with the JRP on June 8, 2011; and Northern Gateway's response to JRP IR 10, which was filed with the JRP on June 7, 2012.

This Reply and Update covers the period April 1, 2011 to June 30, 2012 and supplements the information provided by Northern Gateway Pipelines Limited Partnership (Northern Gateway) in:

In response to JRP IR 10.9, Northern Gateway provided an update on the status of various Aboriginal Traditional Knowledge (ATK) studies. In response to JRP IR 10.10 (A2T9F0), Northern Gateway provided a brief engagement update and a summary of oral and written evidence provided by Aboriginal groups to the JRP. Northern Gateway then provided its response to oral evidence presented at the community hearings, as well as its response to written traditional knowledge and personal experience evidence filed with the JRP (e.g., affidavits, maps, visual aids, written submissions and ATK studies). Northern Gateway provided each Aboriginal group with general comments and a summary response. The purpose of this Reply and Update is to provide a detailed update for each Aboriginal group with which Northern Gateway is engaged, including groups that provided evidence to the JRP. Although engagement activities after June 30, 2012 are not described, Northern Gateway's Aboriginal engagement program will be ongoing throughout all phases of the Project.

July 2012

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Attachment 17 to Northern Gateway Reply Evidence

Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 2: Written Notices and Correspondence

2

Written Notices and Correspondence

Northern Gateway continues to provide written notices to Aboriginal groups that identify key steps in the regulatory process. For sample versions of these notices, see Appendix A of this Reply and Update. Northern Gateway also provided additional written correspondence to various groups. For sample versions of this correspondence, see Appendix A of this Reply and Update.

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Attachment 17 to Northern Gateway Reply Evidence

Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 3: Meetings and Events

3

Meetings and Events

Between April 1, 2011 and June 30, 2012, Northern Gateway communicated with Aboriginal groups by meeting with them in their communities or at mutually convenient locations. Updates for each Aboriginal group follow. These updates are not exhaustive. Informal contact between Northern Gateway representatives and Aboriginal group representatives also occurred at JRP community hearings, Community Advisory Board (CAB) meetings, and on other occasions. The subsection following provides information on key events that involved multiple groups.

3.1

2011 Northern Gateway Business Summit

On November 1, 2 and 3, 2011, Northern Gateway hosted the second Northern Gateway Aboriginal Business Summit (Business Summit) in Edmonton, Alberta, with a focus on business opportunities potentially available to Aboriginal groups in Alberta and British Columbia. The Business Summit was the second of its kind for Northern Gateway and was attended by Aboriginal groups representing 42 different Aboriginal communities (see Table 3-1) along the proposed right-of-way (RoW). The Business Summit, as described in the June 2011 Update to the Application, Volume 5A, Section 3.1.4.1, was held to: • • provide a forum for Aboriginal groups to learn about, and discuss, potential business opportunities related to construction and other services associated with the Project; foster a networking environment between Aboriginal groups and industry proponents to facilitate collaboration that would lead to businesses and joint ventures that could take advantage of procurement opportunities related to Project construction; and act on Northern Gateway's commitment to Aboriginal groups along the Project corridor to help build business capacity among Aboriginal groups and maximize their potential to compete for Projectrelated contracting opportunities.

The Aboriginal groups and non-Aboriginal companies that attended the Business Summit provided positive comments, similar to those made after the first Business Summit. Some Aboriginal groups indicated that they had forged new relationships with established companies because of attending the Business Summit. Several mentioned that they had begun discussions to form joint ventures to pursue business activity and to prepare for future Project-related contracting opportunities. Before the second Business Summit and as a follow-up activity to the first Business Summit, Northern Gateway began assessing the capacity of Aboriginal communities along the proposed Project corridor. The purpose, as stated in the June 2011 Update to the Application, Volume 5A, is to determine what businesses exist in these communities and the interest of these businesses to explore business opportunities arising from the Project. A short video about the Business Summit, including interviews with some of the attendees, can be found on the Northern Gateway website (http://www.northerngateway.ca/aboriginal-engagement/businesssummits/).

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Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 3: Meetings and Events

Table 3-1
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36

Northern Gateway Business Summit Attendees
Alexis Nakota Sioux Nation Alexander (Alexander First Nation) Aseniwuche Winewak Nation Burns Lake Band (Ts'il Kaz Koh First Nation) Buffalo Lake Metis Settlement Cheslatta Carrier Nation Driftpile First Nation Duncan's First Nation Enoch Cree Nation Ermineskin Tribe (Ermineskin Cree Nation) Gitxsan Nation Horse Lake First Nation Kapawe'no First Nation Kehewin Cree Nation Kelly Lake Cree Nation Kelly Lake First Nation Kikino Metis Settlement Kitselas (Kitselas First Nation) Kitsumkalum Band (Kitsumkalum First Nation) Lake Babine Nation Lheidli T'enneh First Nation (Lheidli T'enneh Band) Louis Bull (Louis Bull Tribe) McLeod Lake (McLeod Lake Indian Band) Métis Nation of Alberta Métis Nation of Alberta Region 2 Métis Nation of Alberta Region 4 Métis Nation of Alberta Region 5 Métis Nation of Alberta Region 6 Métis Nation British Columbia Montana First Nation Nee-Tahi-Buhn (Nee-Tahi-Buhn Indian Band) Nose Creek Settlement Paul (Paul First Nation) Saddle Lake (Saddle Lake Cree Nation) Samson (Samson Cree Nation) Sawridge (Sawridge First Nation)

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Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 3: Meetings and Events 37 38 39 40 41 42 Skin Tyee Nation Sturgeon Lake Cree Nation Sucker Creek (Sucker Creek First Nation) Tl'azt'en Nation West Moberly First Nations Whitefish Lake (Whitefish Lake First Nation #128)

3.2

Oil Sands Tours

In November 2011, Northern Gateway sponsored an Athabasca oil sands tour of Suncor's mining and extraction operations in Fort McMurray, Alberta, for six Aboriginal communities along the proposed RoW in British Columbia. The tour allowed participants to gain a greater understanding of the Athabasca oil sands and the progress being made by industry in extraction and transportation. A similar tour of the Oil Sands Discovery Centre was sponsored in November 2011 by Northern Gateway for the Gitxsan Hereditary Chiefs. The tour was provided to enable members of the Gitxsan Hereditary Chiefs to better understand the oil sands mining and in situ processes. In May 2012, Northern Gateway sponsored a tour of oil sands projects in the Athabasca Region of Northern Alberta for members of the McLeod Lake Indian Band. The tour was provided to enable members of the McLeod Lake Indian Band to better understand the oil sands mining and in situ processes.

3.3

Aboriginal Leadership and Management Programs

From January 2012 to May 2012, Northern Gateway provided Enbridge sponsorship funding for the Banff Centre's Aboriginal Leadership and Management programs to 15 leaders from Aboriginal communities in British Columbia near the proposed RoW. The purpose of these scholarships is to build leadership capacity in Aboriginal communities and to create sustained, self-determined social and economic development.

3.4

Careers in Industry Workshop

In February 2012, Northern Gateway participated with other natural resource companies and First Nations in the Burns Lake, British Columbia region in an employment workshop entitled, Careers in Industry. The purpose of the workshop was to provide local students and community members an opportunity to speak with human resource professionals in the natural resource industry in and around the Burns Lake region. The event was well attended, and plans are being developed to host another event of this type in the near future.

3.5

Métis Economic Summit

In March 2012, Northern Gateway participated as a major sponsor in the Métis Economic Summit in Grande Prairie, Alberta. The summit was organized by the Métis National Council, the Métis Nation of British Columbia and the Métis Nation of Alberta. The summit was developed to provide an opportunity for Métis community members to learn more about local commercial business opportunities. A Northern

July 2012

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Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 3: Meetings and Events

Gateway executive provided a detailed presentation on the Project, which included a comprehensive overview of potential Project benefits and opportunities available to Métis communities.

3.6

Métis Nation of British Columbia Technical Workshop

In May 2012, Northern Gateway provided a two day technical workshop for representatives of the Métis Nation of British Columbia in Richmond, British Columbia. The workshop was developed to enable regional presidents and vice-presidents of the Métis Nation of British Columbia to better understand the Northern Gateway Project.

3.7

Burns Lake Aboriginal Communities Working Group

In June 2011, Northern Gateway established the Burns Lake Aboriginal Communities Working Group (Working Group) for the regions of Fort St. James and Burns Lake, British Columbia. The purpose of the Working Group is to develop strategies to maximize Aboriginal communities and their members' participation in business, economic and social opportunities relating to the development, construction and operation of the Project. Northern Gateway is also assisting the Working Group member First Nations with the development of training to employment programs.

3.8

Technical Meetings

Between April 1, 2011 and June 30, 2012, technical sessions or meetings were held with Aboriginal groups in the engagement area. Technical meetings focused on addressing Aboriginal groups' interests and concerns, which were identified during ATK studies and raised through the course of general engagement activities, including those issues and concerns identified in Attachment JRP IR 5.9 (A2E7Q2). Technical meetings were also held with Aboriginal groups who had not completed an ATK study to provide technical information and to address issues and concerns raised by the group surrounding the Project and, in other cases, to provide watercourse crossing technical meetings for Aboriginal groups that requested such meetings. For more details about the technical meetings, see the June 2011 Update to the Application, Volume 5A, Section 3.1.4.4.

3.9

Community Advisory Board Meetings

As described in the June 2011 Update to the Application, Volume 5A, Section 3.1.4.5 (also see the May 2010 Application, Volume 5A, Section 3.5.3 and Volume 4, Section 3.5.3), CAB meetings are an important aspect of the Northern Gateway Aboriginal and public consultation and engagement processes. CAB meetings are an example of diverse groups that support, oppose or are undecided about the Project (including Aboriginal groups) being able to come together to share varied viewpoints and experiences. The regional CAB meetings are designed to be an inclusive, respectful and safe process, where community voices can be heard concerning the Project. The CAB meetings are intended to be a place where ideas, not people, are challenged. Meaningful dialogue is encouraged, opportunities for learning are created, and mutually beneficial relationships - which respect the interests and integrity of all the parties involved in the CAB - are developed.

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Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 3: Meetings and Events

Although the CAB meetings are funded by Northern Gateway, the CAB meetings are facilitated by an independent and neutral facilitator. For detailed information on the CAB meetings that have taken place since the filing of the June 2011 Update to the Application, Volume 5A, see Section 3 of Northern Gateway's Public Consultation Reply and Update (July 2012).

July 2012

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Attachment 17 to Northern Gateway Reply Evidence

Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 4: Aboriginal Economic Benefits Package

4

Aboriginal Economic Benefits Package

Between April 1, 2011 and June 30, 2012, Northern Gateway used its Aboriginal engagement program as an avenue to continue discussions surrounding the Aboriginal Economic Benefits Package with eligible Aboriginal groups. For a list of Aboriginal groups who received a copy of the Aboriginal Economic Benefits Package, see the June 2011 Update to the Application, Volume 5A, Section 4.1. An Aboriginal Economic Benefits Package might include: • • • • an equity participation offer in the form of an Aboriginal Ownership Agreement (AOA); procurement, employment and training initiatives through the use of a Memorandum of Understanding (MOU) or other similar arrangement; access to a community investment fund; and access to corporate-branded programs.

To accept the equity offering, each Aboriginal group must enter into an AOA and the Northern Gateway Pipelines Limited Partnership Agreement. Northern Gateway set a deadline of May 31, 2012 for Aboriginal groups along the proposed route of the pipelines to indicate their acceptance of the offer of up to 10% of the equity in the Project. As of that deadline, Northern Gateway had a majority of the groups eligible to participate as equity owners execute an AOA with Northern Gateway. Further, almost 60% of eligible Aboriginal communities along the proposed RoW (representing 60% of the First Nations' population and 80% of the combined First Nations' and Metis' population) have agreed to be part owners of the proposed Northern Gateway pipelines. Half of the equity units taken up went to groups in British Columbia, and the other half to groups in Alberta. A summary of equity offering is: • • 15 out of 18 Alberta Aboriginal groups accepted; and 12 out of 22 BC inland Aboriginal Groups accepted.

Because of unique circumstances with coastal First Nations, the Aboriginal Economic Benefits Package has not, with the exception of the Gitxaala Nation, been presented in this same manner. In presenting the equity offer, Northern Gateway made reasonable efforts to ensure that Aboriginal groups made an informed decision to accept or reject. This involved a range of activities varying from group to group, including community information sessions, meetings with community leadership and meetings with Aboriginal groups and their legal counsel. Northern Gateway is contractually prohibited from disclosing the identities of its Aboriginal partners; however, Aboriginal partners may choose to make a public disclosure of their ownership in the Project. Also, Aboriginal groups who accepted the equity offer are not restricted from participating in the regulatory hearing process to provide input or express concerns regarding the manner in which the Project is designed and will be constructed and operated with respect to (i) their use of land for traditional purposes, (ii) the socio-economic circumstances of their members, (iii) the environment, and (iv) their

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Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 4: Aboriginal Economic Benefits Package

Aboriginal and Treaty rights or title (or both), including their right to suggest measures to be taken to mitigate the potential effects of the Project. It is Northern Gateway's desire to be respectful of its Aboriginal equity partners' Aboriginal and Treaty Rights and their concerns about the Project. As partners, Northern Gateway and its Aboriginal equity partners will work together to ensure that issues and concerns are addressed or mitigated (or both) and the Project economic benefits targeted for RoW Aboriginal communities are realized. While the equity offering is significant, it represents less than one third of the total potential Aboriginal benefits Northern Gateway is proposing and still developing. Acting on input from Aboriginal groups and stakeholders, Northern Gateway has developed a package of environmental and economic commitments for the communities along the route, including coastal communities, which also includes: • • • • Procurement, Employment and Training Community Investment Fund Stewardship Programs Marine Services and Benefits Portfolio

Northern Gateway believes these commitments break new ground by providing an unprecedented level of long-term economic, environmental and social benefits to Aboriginal groups.

Page 4-2

July 2012

Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 5: Procurement, Employment and Training Initiatives

5

Procurement, Employment and Training Initiatives

Between April 1, 2011 and June 30, 2012, Northern Gateway engaged with Aboriginal groups to enter into a MOU or letter of intent (LOI), depending on which format was preferred by the Aboriginal group. Both forms of engagement are used to define potential economic opportunities and benefits in the areas of procurement, employment and training, with the parties understanding that such engagement is cooperative in nature. The intent is for the parties to work toward future definitive agreements once the Project receives regulatory approval. Under special circumstances, such as the need to secure future access to an Aboriginal group's reserve lands for use by the Project, Aboriginal groups and Northern Gateway have entered into specialized arrangements to incorporate additional economic benefits associated with the Project. These special arrangements, whether in lieu of or ancillary to an MOU or LOI, are subject to regulatory approval of the Project, feasibility from an engineering standpoint, and the granting of all land rights, where required, in a timely manner. Northern Gateway has been working with Aboriginal groups who have signed the AOA, or any one of the ancillary arrangements, to explain the business opportunities associated with the construction and operation of the Project and identify the interest that Aboriginal groups have in pursuing such opportunities. The manner of engagement has varied and includes community information sessions, meetings with community leadership and meetings with community economic development staff. As groups become familiar with Northern Gateway's team members who oversee procurement, employment and training initiatives, the intent is to eventually have the those team members engaged fully with community economic development representatives and community business leaders (and possibly their joint venture and limited partners). Over the next few months, Northern Gateway's team members who oversee procurement, employment and training initiatives will continue to work with Aboriginal groups in Alberta and British Columbia to identify business capacity and determine a path forward so that Aboriginal equity partners and interested Aboriginal groups maximize all business opportunities associated with the Project suitable to their business capacities.

July 2012

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Attachment 17 to Northern Gateway Reply Evidence

Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

6
6.1
6.1.1

Engagement Updates
Northeast Alberta Region
Beaver Lake Cree Nation

Northern Gateway and Beaver Lake Cree Nation did not meet during the reporting period. However, Northern Gateway continued to keep the Beaver Lake Cree Nation up to date and informed about the Project by sending written notices and correspondence.

6.1.2

Whitefish Lake (Whitefish Lake First Nation #128)

Northern Gateway met with the Whitefish Lake (Whitefish Lake First Nation #128) during April 2011 to discuss potential economic opportunities, including employment and training opportunities, arising from the Project. Northern Gateway representatives toured the Nation's facilities to gain a better understanding of their economic development initiatives. During September 2011, Northern Gateway and the Whitefish Lake (Whitefish Lake First Nation #128) were in contact regarding the Nation's ATK study work plan and budget. Northern Gateway had approved the ATK study work plan and budget and contacted the Nation to confirm. The ATK study is underway with expected completion in early 2012. In early November 2011, Whitefish Lake (Whitefish Lake First Nation #128) representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. Northern Gateway met with the Nation to discuss the AOA, and contacted the Nation to inquire about the ATK study. The Nation informed Northern Gateway that the study was proceeding as planned in the ATK study work plan. During February 2012, the Whitefish Lake (Whitefish Lake First Nation #128) submitted their ATK study report to Northern Gateway. Northern Gateway met with the Whitefish Lake (Whitefish Lake First Nation #128) during March 2012 to discuss employment and training opportunities related to the Project, as well as potential construction opportunities. The parties also scheduled a meeting on Whitefish Lake (Whitefish Lake First Nation #128) Reserve and another tour of the Nation's facilities to gain a better understanding of the economic development initiatives of the Nation. The parties discussed the AOA and need for future meetings with Northern Gateway and other Aboriginal groups to discuss the Project. Northern Gateway also provided an overview of the process the Nation could take to present their interests and concerns regarding the Project. In April 2012, Northern Gateway contacted the Whitefish Lake (Whitefish Lake First Nation #128) on a few occasions to complete a technical meeting with the Nation to address issues and concerns raised by the Nation in their ATK study and in engagement activities with the Nation. In May 2012, Northern Gateway met with the Whitefish Lake (Whitefish Lake First Nation #128) on two occasions. On the first occasion, they discussed employment and training opportunities related to the Project, arising from other projects in the area surrounding the Whitefish Lake (Whitefish Lake First

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Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

Nation #128) Reserve. On the second occasion, a technical and watercourse meeting addressed issues and concerns raised in the Nation's ATK study and during engagement activities. During the technical and watercourse meeting, Northern Gateway addressed: • • • • • • • • • • • • • • • • • • atmospheric environment and air quality wildlife water quality effects of the Project on water and hydrology surface water and groundwater freshwater fish and aquatic habitat vegetation pipeline integrity and safety baseline information and effects on wildlife Enbridge's spill history, environmental record and response to incidents, accidents and malfunctions oil spill response plans Aboriginal and Treaty rights conservation and reclamation of RoW access management pipeline monitoring and safety measures noise during construction cumulative effects trappers' interests and compensation

Northern Gateway also contacted the Whitefish Lake (Whitefish Lake First Nation #128) to request permission to use a list of issues and concerns raised by the Nation in its ATK study that was submitted to Northern Gateway, in Northern Gateway's reply to an information request from the JRP. The Nation advised Northern Gateway that it could use an agreed upon list of issues and concerns found in the Nation's ATK study in Northern Gateway's response to the JRP information request. During May 2012, Northern Gateway also extended an invitation to the Whitefish Lake (Whitefish Lake First Nation #128) to attend a meeting with senior Northern Gateway personnel in June 2012 to discuss Project-related matters. In June 2012, Northern Gateway's senior personnel met with the Whitefish Lake (Whitefish Lake First Nation #128) to discuss Project-related matters. On another occasion Northern Gateway, along with a representative from Alberta Human Services, met with the Nation to discuss training and employment priorities. An invitation was also extended to the Nation and Nation members to participate in the Greater Strides Hockey Camp in early July, 2012, an initiative co-sponsored by Northern Gateway.

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Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

Northern Gateway representatives attended and supported the Kiyano Pimi Golf Tournament, which is hosted by Kiyano Pimi Limited Partnership, an energy services partnership between the Whitefish Lake (Whitefish Lake First Nation #128) and the Saddle Lake (Saddle Lake Cree Nation). The Whitefish Lake (Whitefish Lake First Nation #128) also participated in the Northern Gateway CAB meetings during April 2011 to May 2012, and attended the CAB Conference in Richmond, British Columbia in June 2012. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Whitefish Lake (Whitefish Lake First Nation #128) informed about the Project by sending written notices and correspondence.

6.1.3

Saddle Lake (Saddle Lake Cree Nation)

In April 2011, the Saddle Lake (Saddle Lake Cree Nation) and Northern Gateway met once to discuss the Nation's employment and contracting opportunities in relation to the proposed Project, as well as the draft MOU between the parties that would address potential employment, training and business opportunities arising from the proposed Project, and the Aboriginal Economic Benefits Package. The Nation expressed concerns that companies, in general, should attempt to address and raise Aboriginal employment rates and contracting opportunities on current and future projects. The Nation also inquired about the proposed pipeline route, and expressed the view that the proposed route should follow existing pipelines to decrease Project effects on the environment. In May 2011, the Saddle Lake (Saddle Lake Cree Nation) and Northern Gateway were in contact a few times regarding the draft MOU. Subsequently, the parties entered into a MOU regarding potential employment, training and business opportunities arising from the proposed Project. In June 2011, Northern Gateway contacted the Saddle Lake (Saddle Lake Cree Nation) to confirm the description of the Nation's territory that was described in the Application. The Saddle Lake (Saddle Lake Cree Nation) and Northern Gateway were in contact a few times regarding the draft MOU. The parties were also in contact to discuss the status of the Nation's ATK study report. The Nation contacted Northern Gateway to inquire about third party technical support to complete their ATK study report. Northern Gateway provided the Nation with the ATK study budget that both parties had approved. The Nation also requested that Northern Gateway follow-up on a request made by the Nation to support a Building Environmental Aboriginal Human Resources (BEAHR) training program. Northern Gateway informed the Nation that Northern Gateway was waiting on the Nation to explore discussions with other companies and organizations that could jointly fund or contribute to the training course. In July 2011, the Saddle Lake (Saddle Lake Cree Nation) contacted Northern Gateway to advise that the Nation would use a portion of their ATK study funds to secure assistants to complete the ATK study report. The Saddle Lake (Saddle Lake Cree Nation) consultation office also contacted Northern Gateway to request copies of all correspondence sent to representatives contracted by the Nation and working on matters related to the Project. Northern Gateway provided all correspondence to the Saddle Lake (Saddle Lake Cree Nation) consultation office.

July 2012

Page 6-3

Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

In August 2011, the Saddle Lake (Saddle Lake Cree Nation) contacted Northern Gateway and provided an update on the status of their ATK study report along with an expected date of completion. Northern Gateway sent the Nation a copy of the AOA for their review. In September 2011, Northern Gateway and the Saddle Lake (Saddle Lake Cree Nation) concluded a protocol agreement, and the parties met to discuss the Nation's ATK study. Northern Gateway provided information to the Nation regarding the upcoming Northern Gateway Business Summit and Project technical meeting. Northern Gateway sent the Nation a letter requesting authorization for the use of information provided in the ATK study. Northern Gateway also requested and received confirmation from the Nation that they had received the AOA. The Nation contacted Northern Gateway to request a meeting in October. In October 2011, the Saddle Lake (Saddle Lake Cree Nation) and Northern Gateway arranged a meeting to discuss Project-related matters, including the AOA. The Nation submitted the ATK study report to Northern Gateway. In addition, the parties scheduled a Project technical meeting. Subsequently, Northern Gateway completed a Project technical meeting and watercourse crossing presentation with the Nation. During that meeting, Northern Gateway addressed the following issues raised in the Nation's ATK study report: • • • • • • • • • • • • • • • • • • atmospheric environment – air quality noise water quality and groundwater soil freshwater fish and aquatic habitat vegetation wildlife ecological risk archaeological resources socio-economics human health ATK cumulative effects conservation and reclamation accidents and malfunctions construction and operations regulatory and environmental and socio-economic assessment (ESA) process assessment (i.e., ESA), monitoring and follow-up programs

Page 6-4

July 2012

Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

The Nation and Northern Gateway were in also contact regarding the Northern Gateway Business Summit. In October 2011, the Saddle Lake (Saddle Lake Cree Nation) submitted their ATK study report to Northern Gateway. Attachment 2 JRP 10.9 (A2T9E8) incorrectly stated that this report was submitted in February 2012. In early November 2011, the Saddle Lake (Saddle Lake Cree Nation) representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. The Nation and Northern Gateway also met a few times to discuss the AOA, and to discuss potential business opportunities arising from the proposed Project. The Nation requested that Saddle Lake (Saddle Lake Cree Nation) Elders participate in a Traditional Land Use (TLU) study during detailed routing. Northern Gateway and the Nation discussed the Nation's concern surrounding regulations for companies for the cleaning of oil spills. Subsequent to the Project technical meeting, Northern Gateway sent the Nation a copy of Northern Gateway's technical and watercourse presentation. In addition, Northern Gateway provided the Nation with a list of the contractors who participated in the Northern Gateway Business Summit. Northern Gateway also contacted the Nation regarding the authorized use of the information contained in the Nation's ATK study final report and the Nation provided authorization respecting the use of that information by Northern Gateway. In December 2011, the Saddle Lake (Saddle Lake Cree Nation) contacted Northern Gateway regarding ATK study invoicing and the AOA. The Nation also requested a meeting with Northern Gateway to discuss potential business and contracting opportunities arising from the proposed Project. In February 2012, Northern Gateway contacted the Saddle Lake (Saddle Lake Cree Nation) a few times to arrange a meeting. The parties subsequently met and Northern Gateway provided a Project update and an overview of the Northern Gateway's skills and training strategy. The parties discussed a potential partnership between the Nation and a company located in a neighbouring town. In March 2012, Northern Gateway and the Saddle Lake (Saddle Lake Cree Nation) met to discuss education, training and employment interests in relation to the proposed Project. In addition, the Nation expressed an interest in: • • • working with SAIT Polytechnic to bring a carpentry course to the community potential partnership with a surveying company Emergency Medical Technician (EMT) work

The Saddle Lake (Saddle Lake Cree Nation) also advised Northern Gateway that it has trained fire fighters and completed a pipe fitting course with Nation members. Northern Gateway provided information to the Nation regarding the Trade Winds to Success Training program, including the opportunity for Nation members to participate in the program. The Nation was offered one seat funded by Northern Gateway in the Trade Winds to Success training program. In April 2012, Northern Gateway provided the Saddle Lake (Saddle Lake Cree Nation) with employment brochures and business cards for Northern Gateway's team member overseeing employment and training initiatives with Aboriginal groups. Northern Gateway also offered to complete a Project technical meeting

July 2012

Page 6-5

Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

with the Nation in the early part of May 2012. The parties were in contact to confirm a date and discuss the agenda for a Project technical meeting. In May 2012, Northern Gateway completed another Project technical meeting with the Saddle Lake (Saddle Lake Cree Nation) that addressed the following issues raised in the Nation's ATK study report: • • • • • • • • • • • • • • • • • • atmospheric environment – air quality noise water quality and groundwater soil freshwater fish and aquatic habitat vegetation wildlife ecological risk archaeological resources socio-economics human health ATK cumulative effects conservation and reclamation accidents and malfunctions construction and operations regulatory and ESA process assessment (i.e., ESA), monitoring and follow-up programs

Northern Gateway also contacted the Saddle Lake (Saddle Lake Cree Nation) to follow-up regarding the Project technical meeting. Northern Gateway extended an invitation to the Nation in May 2012 to attend a meeting with senior Northern Gateway personnel in June 2012. In late May 2012, Northern Gateway attended a meeting coordinated by the Saddle Lake (Saddle Lake Cree Nation) to discuss employment opportunities associated with iron work. The Nation established an employment agreement with the Iron Workers Union and requested Northern Gateway's assistance to coordinate a training to employment project. Northern Gateway subsequently coordinated a funding partners meeting in early June 2012 consisting of Alberta Human Services, Government of Canada, the Nation and Northern Gateway to discuss a pilot project designed to train entry level iron workers with the support of the Iron Workers Union. The anticipated start date for the pilot project is September 2012.

Page 6-6

July 2012

Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

In June 2012, Northern Gateway's senior personnel met with the Saddle Lake (Saddle Lake Cree Nation) to discuss Project-related matters. Northern Gateway extended an invitation to the Nation and Nation members to participate in the Greater Strides Hockey Camp in early July, an initiative co-sponsored by Northern Gateway. Northern Gateway representatives also attended and supported the Kiyano Pimi Golf Tournament, which is hosted by Kiyano Pimi Limited Partnership, an energy services partnership between the Whitefish Lake (Whitefish Lake First Nation #128) and the Saddle Lake (Saddle Lake Cree Nation). In addition to the engagement activities summarized above, Northern Gateway continued to keep the Saddle Lake (Saddle Lake Cree Nation) informed about the Project by sending written notices and correspondence.

6.1.4

Kehewin Cree Nation

In May 2011, the Kehewin Cree Nation requested a meeting and met with Northern Gateway to discuss the completion of an ATK study by the Nation. In July 2011, Northern Gateway contacted the Kehewin Cree Nation to inquire about the status of the Nation's proposed ATK study work plan and budget. The Nation advised that they were revising the ATK study work plan and budget and would be meeting internally in the near future to discuss same. The Nation further advised that they would submit a revised ATK study work plan and budget after the Nation's meeting. In August 2011, Northern Gateway and the Kehewin Cree Nation were in contact a few times to discuss the status of the Nation's ATK study work plan and budget. On one occasion, Northern Gateway and the Nation met by conference call to discuss the status of the Nations' ATK study work plan and budget and the Nation requested ATK study work plan and budget templates. Northern Gateway subsequently provided the Nation with ATK study work plan and budget templates for their reference. On another occasion, Northern Gateway and the Nation discussed specific revisions to the Nation's ATK study work plan and budget. In September 2011, Northern Gateway and the Kehewin Cree Nation were in contact a few times. On one occasion, the Nation provided Northern Gateway with a revised ATK study work plan and budget for approval, which was approved by Northern Gateway. On another occasion, the parties arranged a meeting to discuss the Nation's ATK study. Northern Gateway also contacted the Nation regarding the Northern Gateway Business Summit to be in early November 2011. In October 2011, the Kehewin Cree Nation and Northern Gateway were in contact a few times regarding the Nation's revised ATK study work plan and budget. Subsequently, the parties met to discuss the ATK study. The Nation began the study and planned to complete it in May 2012. In early November 2011, Kehewin Cree Nation representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. In December 2011, the Kehewin Cree Nation contacted Northern Gateway regarding the Business Summit and addressed inquiries made by the Nation.

July 2012

Page 6-7

Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

In May 2012, Northern Gateway contacted the Kehewin Cree Nation to inquire about the status of their ATK study report. The Nation indicated that the ATK study report was near completion and would be submitted to Northern Gateway by the end of May 2012 (see Attachment 2 JRP IR 10.9) (A2T9E8). However, Northern Gateway has yet to receive the Nation's ATK study report. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Kehewin Cree Nation informed about the Project by sending written notices and correspondence.

6.1.5

Métis Settlements General Council

Northern Gateway is currently engaged with Kikino Métis Settlement and Buffalo Lake Métis Settlements as referenced below. Additionally, Northern Gateway has re-offered ATK study funding to assist the East Prairie Métis Settlement in conducting an independent ATK study to identify site-specific interests.

6.1.6

Buffalo Lake Métis Settlement

In May 2011, Northern Gateway and Buffalo Lake Métis Settlement met to discuss the AOA. The parties also discussed construction related benefits from the Project. In October 2011, Northern Gateway and Buffalo Lake Métis Settlement met to discuss the AOA. The parties also discussed the economic opportunities related to the MOU. In early November 2011, Buffalo Lake Métis Settlement representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. In December 2011, Northern Gateway met with Buffalo Lake Métis Settlement to discuss the AOA. The parties discussed employment and training opportunities. In March 2012, Northern Gateway met with Buffalo Lake Métis Settlement to formally introduce the Northern Gateway discipline overseeing the training to employment strategy. In May 2012, Northern Gateway contacted Buffalo Lake Métis Settlement to arrange a meeting to discuss employment and training opportunities. The parties could not confirm a meeting date at that time; however, Northern Gateway will contact Buffalo Lake Métis Settlement to arrange a meeting in July 2012. In June 2012, extended an invitation to Buffalo Lake Métis Settlement and Settlement members to participate in the Greater Strides Hockey Camp in early July, an initiative co-sponsored by Northern Gateway. In addition to the engagement activities summarized above, Northern Gateway continued to keep Buffalo Lake Métis Settlement informed about the Project by sending written notices and correspondence.

6.1.7

Kikino Métis Settlement

In May 2011, Northern Gateway and Kikino Métis Settlement were in contact to arrange a meeting to discuss Project-related matters.

Page 6-8

July 2012

Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

In September 2011, Northern Gateway contacted Kikino Métis Settlement on a few occasions to discuss potential meeting arrangements and the Northern Gateway Business Summit. The parties arranged a meeting for October 2011; however, the meeting did not occur. In early November 2011, Kikino Métis Settlement representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. In December 2011 and January 2012, Northern Gateway met with Kikino Métis Settlement to discuss the AOA. In April 2012, Northern Gateway and Kikino Métis Settlement were in contact to arrange a meeting to formally introduce the Northern Gateway discipline overseeing the employment and training strategy, including discussions surrounding Northern Gateway employment and training strategy. In May 2012, Northern Gateway met with Kikino Métis Settlement to discuss employment and training opportunities related to the Project, as well as potential construction opportunities. The parties also discussed organizing a meeting in Kikino Métis Settlement community and a tour of Kikino Métis Settlement facilities to gain a better understanding of the economic development initiatives of the Settlement. The parties discussed matters related to the AOA and the scheduling of future meetings with Northern Gateway and other Aboriginal groups to discuss matters related to the Project. In June 2012, Northern Gateway extended an invitation to Kikino Métis Settlement and Settlement members to participate in the Greater Strides Hockey Camp in early July, an initiative co-sponsored by Northern Gateway. In addition to the engagement activities summarized above, Northern Gateway continued to keep Kikino Métis Settlement informed about the Project by sending written notices and correspondence.

6.1.8

Métis Nation of Alberta Region 2

In April 2011, Northern Gateway was in contact with the Métis Nation of Alberta Region 2 about the ATK study work plan and the Métis Nation of Alberta Region 2's independent ATK study. In June 2011, Northern Gateway and the Métis Nation of Alberta Region 2 discussed the ATK study funding and followed-up with a letter of approval for the Métis Nation of Alberta Region 2 independent ATK study. In August and September 2011, Northern Gateway had discussions with the Métis Nation of Alberta Region 2 about the Northern Gateway Business Summit and their ATK study. Northern Gateway also forwarded Project shape files to the Métis Nation of Alberta Region 2. In early November 2011, Métis Nation of Alberta Region 2 representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. Northern Gateway also met with the Métis Nation of Alberta Region 2 on two occasions to provide a Project update and to discuss the AOA, the Project MOU, and an employment and training strategy. In December 2011, Northern Gateway had discussions with the Métis Nation of Alberta Region 2 about community sponsorship.

July 2012

Page 6-9

Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

In January 2012, Northern Gateway and the Métis Nation of Alberta Region 2 discussed meeting arrangements to introduce the Northern Gateway discipline overseeing the employment and training strategy. In February 2012, Northern Gateway met with the Métis Nation of Alberta Region 2 to discuss Northern Gateway's employment and training strategy. In March 2012, the Métis Nation of Alberta Region 2 attended the Métis Nation of Alberta and Métis Nation of British Columbia Economic Development Conference in Grande Prairie, Alberta. The Métis Nation of Alberta Region 2 requested an extension for the ATK study report and Northern Gateway agreed to extend the date for receipt of the ATK study report to June 30, 2012. In April 2012, Northern Gateway met with the Métis Nation of Alberta, including the Métis Nation of Alberta Region 2, Métis Regional Council – Zone IV of the Métis Nation of Alberta and Region VI Regional Council of the Métis Nation of Alberta regarding the Aboriginal Economic Benefits Package, the MOU, the AOA and potential business opportunities arising from the Project. Northern Gateway awaits the submission of the Métis Nation of Alberta Region 2's ATK study report. The Métis Nation of Alberta Region 2 also participated in the Northern Gateway CAB meetings during April 2011 to May 2012, and attended the CAB Conference in Richmond, British Columbia in June 2012. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Métis Nation of Alberta Region 2 informed about the Project by sending written notices and correspondence.

6.2
6.2.1

Edmonton Region
Enoch Cree Nation

In August 2011, Northern Gateway met with the Enoch Cree Nation to provide a Project update, to obtain information regarding the Nation's official contact person for matters related to the Project and to discuss the status of the update to the Nation's ATK study. In September 2011, Northern Gateway met with the Enoch Cree Nation a few times. On the first occasion, Northern Gateway provided a Project update and information surrounding the regulatory phase of the Project. Northern Gateway also provided an overview of the business and employment strategy related to the Project. Northern Gateway and the Nation discussed the status of the update to their ATK study, and potential opportunities arising from the proposed Project, including the MOU and equity in the Project. The Nation focused on the importance of its traditional territory near the proposed Project corridor, including the area near Lac St. Anne. On the second occasion, the parties met to discuss the MOU, as well as employment, training and construction opportunities arising from the proposed Project. Northern Gateway provided the Nation with a copy of its education and training presentation and expressed an interest in working with the Nation to complete the update to their ATK study. In addition, Northern Gateway offered to conduct a Project technical meeting with the Nation to address issues and concerns the Nation may have with the proposed Project.

Page 6-10

July 2012

Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

In early November 2011, Northern Gateway contacted the Enoch Cree Nation to discuss the participation of the Nation in the Business Summit. Subsequently, an Elder from the Enoch Cree Nation, on behalf of the Chief of the Enoch Cree Nation, attended the Northern Gateway Business Summit held in Edmonton, Alberta, to provide an opening prayer and to welcome participants to the traditional territory of the Enoch Cree Nation. The parties also confirmed a meeting for the latter part of November 2011. Subsequently, Northern Gateway requested another meeting date due to a conflict in the scheduling of the meeting. In December 2011, Northern Gateway's legal counsel was contacted by the Enoch Cree Nation legal counsel to discuss the AOA and meeting arrangements to discuss potential economic opportunities arising from the Project, as well the status of the update to the Nation's ATK study report. In January 2012, Northern Gateway provided the Enoch Cree Nation with potential future meeting dates, specifically, for January and February 2012. In March 2012, Northern Gateway contacted the Enoch Cree Nation several times to discuss meeting arrangements. The Nation provided Northern Gateway with the name of a specific contact person for the Nation. In April 2012, Northern Gateway sent a letter to the Enoch Cree Nation offering to complete a Project technical meeting with the Nation to address issues, concerns and recommendations arising from the Nation's ATK study, including a watercourse crossing presentation, and to review the proposed mitigation measures for the Project. Although, the Nation did not respond to this offer, Northern Gateway will continue to offer technical meetings to the Nation. In May 2012, Northern Gateway met with the Enoch Cree Nation Chief and Council to provide additional Project information and to discuss the proposed AOA, and other Project opportunities. The Nation raised issues regarding revenue sharing, an on-reserve refinery and the Natural Resource Transfer Agreement, which are outside of the Project scope and could be the topic of discussions between the Nation and government(s). On May 23, 2012, the Enoch Cree Nation communicated their preference and intention to cease future dialogue with Northern Gateway regarding the AOA. Northern Gateway remains available for appropriate consultation and to work with the Nation in relation to any new concerns identified in the update to the Nation's ATK study. Northern Gateway will continue to offer technical meeting dates to attempt to address concerns raised in the ATK study summary filed in the Application, Volume 5B (May 2010) and the update to the Nation's ATK study, once it is provided by the Nation. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Enoch Cree Nation informed about the Project by sending written notices and correspondence.

6.2.2

Alexander (Alexander First Nation)

In April 2011, Northern Gateway contacted the Alexander (Alexander First Nation) to inquire about the availability of Nation representatives to meet with Northern Gateway. In May 2011, Northern Gateway contacted the Alexander (Alexander First Nation) to inquire again about the availability of Nation representatives to meet with Northern Gateway and a meeting was scheduled for the latter part of May. The parties then met and discussed the following matters:

July 2012

Page 6-11

Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

• • • •

relocation of the proposed pipeline off the Nation's Reserve concerns of the Nation that the rerouting of the proposed pipeline may traverse the Nation's Treaty Land Entitlement (TLE) lands the negotiation funding proposal submitted by the Nation to Northern Gateway Northern Gateway's request to meet with the entire Alexander (Alexander First Nation) Council to discuss potential economic opportunities that may arise from the Project, including the Aboriginal Economic Benefits Package the Nation's concern that they are near to the proposed RoW corridor and should be treated differently than other Aboriginal groups that are farther away from the proposed corridor Northern Gateway's discussion with Aboriginal Affairs and Northern Development Canada (AANDC) cancellation of the LOI between the parties by the Nation the Nation's request to enter into negotiations surrounding an impact benefits agreement

• • • •

The parties exchanged correspondence at the meeting, with Northern Gateway providing the Nation with a letter of response to their negotiation funding support proposal and the Nation providing a letter to Northern Gateway respecting the LOI between the parties. Northern Gateway also provided a Project update at the meeting, including an overview of the hearing order released by the JRP. The Nation contacted Northern Gateway at the end of May 2011 to request shape files. In June 2011, Northern Gateway provided the shape files to the Alexander (Alexander First Nation). Northern Gateway also directed the Nation to contact the Historic Resources Management Branch at Alberta Culture and Community Spirit regarding the Nation's interest in accessing archaeological spatial data. In July 2011, Northern Gateway and the Alexander (Alexander First Nation) were in contact a few times. Northern Gateway provided the Nation with an updated Project route map. In August 2011, Northern Gateway and the Alexander (Alexander First Nation) were in contact a few times. The Nation notified Northern Gateway that their members had elected a new Chief and Council and the Executive Director for the Alexander Industry Relations Corporation and notified Northern Gateway of the new point of contact for the Nation on consultation matters. Northern Gateway subsequently requested a meeting with the new Chief and Council to discuss matters related to the Project, including Project updates, Aboriginal equity in the Project and other economic opportunities arising from the Project. In September 2011, Northern Gateway contacted the Alexander (Alexander First Nation) a few times to make meeting arrangements with the new Chief and Council. The Nation requested a copy of Northern Gateway's organization chart. Northern Gateway responded to that request and provided the Nation with the structure of the Northern Gateway organization. Northern Gateway offered to provide the Nation with a copy of the AOA for its review.

Page 6-12

July 2012

Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

In October 2011, Northern Gateway contacted the Alexander (Alexander First Nation) to arrange a meeting with the new Chief and Council. Northern Gateway provided the new Chief and Council with copies of the Northern Gateway Aboriginal Economic Benefits Package, which included the AOA. Northern Gateway subsequently met with the Chief, other Nation representatives, and the Nation's legal counsel, to review the information contained in the Aboriginal Economic Benefits Package. Northern Gateway had previously reviewed the package with the Nation former Chief. In the latter part of October 2011, Northern Gateway met with the new Chief and Council to provide a Project overview and to discuss Project-related matters, including Northern Gateway's Aboriginal Economic Benefits Package. The parties discussed the status of the update to the Nation's ATK study, potentially routing the pipelines on Alexander Reserve #134 and Alexander Reserve #134A near Fox Creek, and the role of the Crown in the engagement process. The Nation advised that they would be willing to discuss having the proposed pipeline traverse the Nation's reserve rather than the area around Deadman's Lake. Northern Gateway offered to revive the LOI that was cancelled by the Nation in May 2011. The Nation declined that offer. Representatives from AANDC and the Department of Justice (Canada) participated in the meeting as observers to gain an awareness of the possible implications of the proposed pipeline route to the Nation's reserve and TLE lands. The parties established a process to further discussions between the parties on Project-related matters. In early November 2011, Alexander (Alexander First Nation) representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. Northern Gateway and the Nation also met to discuss Project-related matters, including the proposed routing of the Project pipeline, particulars surrounding the two pipelines, the status of the update to the Nation's ATK study, the Nation's purchase of lands under the TLE process, the Nation's plans for the lands purchased under the TLE process, possible routing options and land considerations that take into account the Nation's Reserve lands, traditional territory and TLE lands, the process Northern Gateway utilizes in dealing with taxation involving municipalities along the proposed RoW, Northern Gateway's School Plus program, and possible initiatives arising from potential employment and training opportunities from the proposed Project. The Nation's legal counsel, and an Elder and community member, attended the meeting. The Nation provided Northern Gateway with an overview of Alexander Reserve #134, Alexander Reserve #134A and Deadman's Lake in relation to the proposed Project route. The Nation discussed their current infrastructure and future infrastructure plans, as well as their needs and future goals. The Nation noted some sites of significance where historical artifacts were found on traditional lands south of Deadman's Lake. The Nation mentioned that those sites of significance were identified during the Alliance pipeline project. In December 2011, Northern Gateway responded to correspondence received from the Alexander (Alexander First Nation) and confirmed Northern Gateway's commitment to work with the Nation on Project-related matters. Northern Gateway provided additional information to the Nation regarding the Aboriginal Economic Benefits Package. The parties were also in contact to determine tentative meeting dates for 2012. In January and February 2012, Northern Gateway and the Alexander (Alexander First Nation) met to continue discussions that arose between the parties at the October and November 2011 meetings, including possible routing options and land considerations that take into account the Nation's reserve lands, traditional territory and TLE lands; the status of the update to the Nation's ATK study; and the

July 2012

Page 6-13

Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

AOA and opportunities arising from the Project, including employment and training, as well as contracting opportunities. The Nation also informed Northern Gateway that the Nation submitted documents to the JRP related to the Nation's TLE agreement in January 2012. In March 2012, Northern Gateway and the Alexander (Alexander First Nation) met to discuss possible routing options and land considerations that take into account the Nation's Reserve lands, traditional territory and TLE lands; the status of the update to the Nation's ATK study; and opportunities arising from the Project, including employment and training, as well as contracting opportunities. In April 2012, Northern Gateway and the Alexander (Alexander First Nation) met once to discuss matters related to the AOA, possible routing options and land considerations that take into account the Nation's Reserve lands, traditional territory and TLE lands; the status of the update to the Nation's ATK study; and opportunities arising from the Project, including employment and training, as well as contracting opportunities. Northern Gateway also contacted the Nation to offer a technical and watercourse crossing meeting. Although, the Nation did not respond to the offer, Northern Gateway will extend another offer. In May 2012, Northern Gateway and the Alexander (Alexander First Nation) met a few times to discuss matters related to the AOA, possible routing options and land considerations that take into account the Nation's reserve lands, traditional territory and TLE lands; the status of the update to the Nation's ATK study; and opportunities arising from the Project, including employment and training, as well as contracting opportunities. As a result of the discussions between Northern Gateway and the Alexander (Alexander First Nation), the parties have executed a term sheet. The term sheet is an agreement in principle that relates to, among other things, an alternative route that moves the proposed pipeline onto the Alexander Indian Reserve No. 134 and the Alexander Indian Reserve No. 134A and associated land access and benefits provisions. Please refer to page 4 (adobe page 5) of Attachment JRP IR 10.10 (including Figure 1 and 2) for more information (A2T9F0, A2T9F1, and A2T9F2). These route alternatives will be adopted and included in the next pipeline route revision. This relocation remains subject to the granting of all required land rights, in a timely manner. Also in May 2012, Northern Gateway provided a draft copy of the update to the Nation's ATK study report for review by the Nation. Northern Gateway will continue to offer technical meeting dates to the Nation to address concerns. In June 2012, Northern Gateway's senior personnel met with the Alexander (Alexander First Nation) to discuss Project-related matters. Northern Gateway also extended an invitation to the Nation and Nation members to participate in the Greater Strides Hockey Camp in early July, which is an initiative cosponsored by Northern Gateway. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Alexander (Alexander First Nation) informed about the Project by sending written notices and correspondence.

6.2.3

Métis Nation of Alberta

In August 2011, Northern Gateway provided hard copies of the AOA to the Métis Nation of Alberta for consideration in relation to Métis Nation of Alberta Region 2, Métis Regional Council – Zone IV of the

Page 6-14

July 2012

Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

Métis Nation of Alberta, Métis Nation of Alberta Region 5, and Region VI Regional Council of the Métis Nation of Alberta. In September 2011, Northern Gateway was in contact with the Métis Nation of Alberta several times to discuss the AOA and the Northern Gateway Business Summit. In October 2011, the Métis Nation of Alberta sent a letter to Northern Gateway regarding the AOA and requested a third party review of the agreement. Northern Gateway responded to that request and offered to meet with the Métis Nation of Alberta and Métis Nation of Alberta Regions engaged by Northern Gateway. In November 2011, Northern Gateway and the Métis Nation of Alberta met, by conference call, to discuss the AOA presented to the Métis Nation of Alberta for consideration in August 2011. Northern Gateway provided an explanation of the AOA and outlined two options for consideration by the Métis Nation of Alberta and its Regions, specifically, the Métis Nation of Alberta Region 2, Métis Regional Council – Zone IV of the Métis Nation of Alberta, MNA Region 5 and Region VI Regional Council of the Métis Nation of Alberta, respecting the equity component of the AOA. Northern Gateway also provided an overview to the Métis Nation of Alberta regarding the engagement activities that have occurred to date with the Métis Nation of Alberta Regions. In early November 2011, a Métis Nation of Alberta representative attended the Northern Gateway Business Summit in Edmonton, Alberta. Also in November, 2011, Northern Gateway and the Métis Nation of Alberta were in contact regarding the AOA. Northern Gateway provided the Métis Nation of Alberta with a Project update, an update on the Métis Nation of Alberta Regions' ATK studies and an explanation of the Project MOU. In December 2011, Northern Gateway and the Métis Nation of Alberta were in contact many times to discuss the AOA. In January 2012, Northern Gateway received correspondence from the Métis Nation of Alberta about the AOA, Northern Gateway's engagement activities and potential meeting dates. In February 2012, Northern Gateway responded to this correspondence and provided information to the Métis Nation of Alberta relating to the AOA, Northern Gateway's engagement activities and the Aboriginal Economic Benefits Package. In March 2012, Northern Gateway met with the Métis Nation of Alberta to discuss employment and training opportunities, meeting arrangements and the AOA. The Métis Nation of Alberta also attended the Métis National Council's Economic Development Conference in Grande Prairie, Alberta. In early April 2012, a conference call was held between Métis Nation of Alberta and Métis Nation BC education and training directors at the request of the Métis Nation of Alberta elected official responsible for education. The conference call was to explore possible interprovincial/interagency projects specific to Métis trades training. A decision was made to proceed with a meeting with the Christian Labour Union of Canada (CLAC) because of an established relationship. In late May 2012, the Métis Nation of Alberta, the Métis Nation of British Columbia, Northern Gateway and CLAC met in Edmonton to discuss possible pilot projects designed to increase Métis trades employment outcomes. All parties agreed to proceed with ongoing dialogue with the goal to design a project and request federal/provincial funding.

July 2012

Page 6-15

Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

Later in April 2012, Northern Gateway met with the Métis Nation of Alberta including Métis Nation of Alberta Region 2, Métis Regional Council – Zone IV of the Métis Nation of Alberta and Region VI Regional Council of the Métis Nation of Alberta regarding business opportunities arising from the Project, the Aboriginal Economic Benefits Package, including equity, a LOI and potential business opportunities arising from the Project. In addition, the parties discussed the role of the Métis Nation of Alberta and the role of individual Regions of the Métis Nation of Alberta, in relation to the Project, as well as matters surrounding an independent ESA and environmental studies. In May 2012, Northern Gateway and the Métis Nation of Alberta continued discussions regarding the LOI and the AOA. In June 2012, the Métis Nation of Alberta executed their LOI which included the Métis Nation of Alberta Region 2, the Métis Regional Council – Zone IV of the Métis Nation of Alberta, the Métis Nation of Alberta Region 5 and the Region VI Regional Council of the Métis Nation of Alberta. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Métis Nation of Alberta informed about the Project by sending written notices and correspondence.

6.2.4

Métis Regional Council Zone IV of the Métis Nation of Alberta

During May 2011, Northern Gateway hand-delivered a copy of the Project hearing order to Métis Regional Council Zone IV of the Métis Nation of Alberta (MNA Region 4) and advised the Nation that Northern Gateway was planning a collective meeting with the Métis Nation of Alberta to discuss the Project equity offer. In August 2011, Northern Gateway provided a copy of the LOI to the MNA Region 4 office. In September 2011, Northern Gateway sent correspondence to the MNA Region 4 requesting a copy of the final update to the Grande Cache Métis Local #1994's ATK study report. Northern Gateway indicated that once it received the update to the Grande Cache Métis Local #1994's ATK study, the study would assist Northern Gateway in understanding the Grande Cache Métis Local #1994's specific concerns with the Project. Northern Gateway could then address and, where possible, mitigate the issues and concerns of the Grande Cache Métis Local #1994. In early November 2011, MNA Region 4 representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. In January 2012, the MNA Region 4 contacted Northern Gateway, by letter, to raise concerns that Northern Gateway was not supporting an ATK study for MNA Region 4 and to provide a map that outlined the area of interest in for an ATK study. In February 2012, Northern Gateway responded by letter, to the MNA Region 4's concerns and indicated that an original funding offer was extended to MNA Region 4 in December 2009 to complete an independent ATK study. Northern Gateway was unsuccessful, after making several attempts over a fifteen month period, to elicit a response from the MNA Region 4 regarding the ATK study funding offer, resulting in a withdrawal of the offer by Northern Gateway. Northern Gateway, noting the newly established discussions with MNA Region 4, reintroduced a funding offer to the MNA Region 4 to complete an ATK study. Northern Gateway also noted that one of the Locals of MNA Region 4, in

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Aboriginal Engagement Reply & Update Section 6: Engagement Updates

particular, Grande Cache Métis Local #1994, had been provided funding to complete an ATK study, which would have a bearing on the funding offered by Northern Gateway to MNA Region 4 to complete an ATK study. Northern Gateway extended an offer to the MNA Region 4 to meet to further discuss the ATK study funding offer. In March 2012, MNA Region 4 attended the Métis Nation of Alberta and Métis Nation of British Columbia Economic Development Conference in Grande Prairie, Alberta. In April 2012, Northern Gateway met with the Métis Nation of Alberta, including Métis Nation of Alberta Region 2, MNA Region 4 and Region VI Regional Council of the Métis Nation of Alberta regarding business opportunities arising from the Project the Aboriginal Economic Benefits Package, including equity, a LOI and potential business opportunities arising from the Project, as well as the renewed offer by Northern Gateway to the Métis Regional Council – Zone IV of the Métis Nation of Alberta and Region VI Regional Council of the Métis Nation of Alberta of funds to complete an ATK study. In addition, the parties discussed the role of the Métis Nation of Alberta and the role of individual Regions of the Métis Nation of Alberta, in relation to the Project, and matters surrounding an independent ESA and environmental studies. In May 2012, Northern Gateway provided a letter of response to MNA Region 4 and offered to meet to further discuss the ATK study funding offer. Northern Gateway and MNA Region 4, by way of MNA Region 4 legal counsel, continued to discuss the AOA. In June 2012, Northern Gateway and the MNA Region 4 continued discussions surrounding funding offer by Northern Gateway to MNA Region 4 to complete an independent ATK study. Northern Gateway provided Project shape files to MNA Region 4 for use in their ATK study. In addition to the engagement activities summarized above, Northern Gateway continued to keep MNA Region 4 informed about the Project by sending written notices and correspondence.

6.2.5

Grande Cache Métis Local #1994

Northern Gateway is currently engaging the Grande Cache Métis Local #1994 through MNA Region 4. Northern Gateway is willing to meet directly with Grande Cache Métis Local #1994 upon request. In January 2012, Grande Cache Métis Local #1994 filed an update to their ATK study report with the JRP (A2K8L2, A2K8L3, and A2K8L4). In April 2012, Northern Gateway offered a technical meeting with Grande Cache Métis Local #1994 through MNA Region 4. MNA Region 4 declined the offer at that time. Northern Gateway will continue to offer a technical meeting to Grande Cache Métis Local #1994 to address the update to their ATK study report. In June 2012, the Métis Nation of Alberta executed their LOI which included the Métis Nation of Alberta Region 2, the MNA Region 4, the Métis Nation of Alberta Region 5 and the Region VI Regional Council of the Métis Nation of Alberta.

July 2012

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Northern Gateway continued to keep Grande Cache Métis Local #1994 informed about the Project by sending written notices and correspondence to MNA Region 4 who distributes the information to the Métis Locals.

6.2.6

Gunn Métis Local #55

Northern Gateway is currently engaging Gunn Métis Local #55 through the MNA Region 4. Northern Gateway is willing to meet directly with Gunn Métis Local #55 upon request. Northern Gateway continued to keep Gunn Métis Local #55 informed about the Project by sending written notices and correspondence to MNA Region 4 who distributes the information to the Métis Locals

6.2.7

Yellowhead Tribal Council

The members of the Yellowhead Tribal Council are signatories to Treaty 6. The five member Nations that compose the Council are: • • • • • Alexander (Alexander First Nation) (see Section 5.2.2) Alexis Nakota Sioux Nation (see Section 5.3.2) Enoch Cree Nation (see Section 5.2.1) O'Chiese First Nation Sunchild First Nation

Northern Gateway is currently engaged with the Alexander (Alexander First Nation), the Alexis Nakota Sioux Nation, and the Enoch Cree Nation. The Yellowhead Tribal Council office is located within the Enoch Cree Nation Reserve. Northern Gateway continued to keep the Yellowhead Tribal Council informed about the Project by sending written notices and correspondence.

6.3
6.3.1

Central Alberta Region
Paul (Paul First Nation)

In April 2011, Northern Gateway contacted the Paul (Paul First Nation) to inquire if the Nation was interested in participating in another Northern Gateway Business Summit. Toward the end of April, the Nation requested a meeting with Northern Gateway to discuss Project-related matters. In May 2011, Northern Gateway followed-up with the Paul (Paul First Nation) to arrange a meeting to discuss Project-related matters. Northern Gateway also contacted the Nation to inquire about the number of Paul (Paul First Nation) members who attended the community career fair. The parties met during the latter part of May to discuss an update to the Paul (Paul First Nation) ATK study and to discuss potential economic opportunities arising from the MOU between the Nation and Northern Gateway. In June 2011, the Paul (Paul First Nation) contacted Northern Gateway regarding their MOU. The Nation also contacted Northern Gateway to make meeting arrangements to discuss potential economic

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Aboriginal Engagement Reply & Update Section 6: Engagement Updates

opportunities arising from the proposed Project and possible joint ventures with other companies. The parties arranged a meeting for early July 2011. In July 2011, the Paul (Paul First Nation) contacted Northern Gateway to postpone the meeting that was originally scheduled for early July. In August 2011, Northern Gateway contacted the Paul (Paul First Nation) to discuss concerns of the Nation as noted in the draft update to the ATK study report. During early September, the Nation requested a meeting with Northern Gateway and the parties agreed to meet in the middle of September. In September 2011, Northern Gateway contacted the Paul (Paul First Nation) to present a revised copy of the update to the ATK study report for the Nation's approval. Northern Gateway also requested that the Nation provide direction to Northern Gateway about the use of information contained in the update to the Nation's ATK study report. The Nation subsequently provided a letter to Northern Gateway to answer that query. The Nation advised Northern Gateway that the Nation could not attend their scheduled meeting because of an emergency in the community. Later in September, Northern Gateway contacted the Nation regarding the upcoming Northern Gateway Business Summit scheduled for early November 2011. In October 2011, Northern Gateway contacted the Paul (Paul First Nation) to propose a Project technical meeting with the Nation. Subsequently, the parties confirmed a date in the middle of October for the Project technical meeting. Northern Gateway completed the Project technical meeting and watercourse crossing presentation, which addressed the following issues raised in the update to the Paul (Paul First Nation) ATK study report: • • • • • • • • • • • • • • • noise water quality fish and aquatic habitat vegetation wildlife birds archaeological resources ATK health and well being socio-economics cumulative effects access management design construction conservation and reclamation

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• •

accidents and malfunctions assessment (i.e., ESA) climate, consultation, monitoring and follow-up programs

Northern Gateway also provided information about and confirmed the intention of the Paul (Paul First Nation) to attend the upcoming Northern Gateway Business Summit. In early November 2011, Paul (Paul First Nation) representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. Northern Gateway and the Nation were in contact a few times to discuss the AOA, and the parties met to discuss matters surrounding the AOA. Northern Gateway provided the Nation with a copy of the presentation made by Northern Gateway at the Project technical meeting in October 2011. In December 2011, Northern Gateway contacted the Paul (Paul First Nation) to discuss matters related to the Nation's community initiatives and the AOA. Northern Gateway and the Nation also made arrangements to meet in the early part of January 2012 to discuss Project-related matters. In January 2012, Northern Gateway met with the Paul (Paul First Nation) a few times. On the first occasion, employment, training and potential business opportunities arising from the proposed Project were discussed. The Nation also submitted a copy of its labour force strategy to Northern Gateway and Northern Gateway subsequently provided feedback to the Nation on the strategy. On the second occasion, the Nation expressed concerns with limited Aboriginal involvement with other Enbridge projects in terms of partnerships, joint ventures and communication of Project information that would lead to possible economic opportunities for Aboriginal groups. During the month of January, Northern Gateway provided the Nation with links to the Trade Winds to Success program. In February 2012, Northern Gateway and the Paul (Paul First Nation) met to discuss skills training and education, as well as training to employment opportunities related to the proposed Project. The Nation expressed an interest in employment and business opportunities arising from other Enbridge projects. In March 2012, Northern Gateway met with the Paul (Paul First Nation) to discuss employment training opportunities and training to employment options for the Nation. The Nation also requested a letter confirming Northern Gateway's intention to provide a contribution towards an environment technician training program offered by Paul First Nation Resources. The parties were also in contact many times to discuss matters related to training and employment matters related to the Nation. In April 2012, Northern Gateway provided the Paul (Paul First Nation) with a letter confirming its intention to provide a contribution towards an environment technician training program offered by Paul First Nation Resources. Northern Gateway and the Nation met with the Government of Alberta and a company based close to the Paul (Paul First Nation) Reserve. The company extended training to employment positions to the Nation. The parties also discussed strategies the Nation would employ to fill the positions with members of the Nation on a staggered basis. Northern Gateway also offered to coordinate a meeting with other companies based close to the Paul (Paul First Nation) Reserve or doing business with the Nation, to explore training to employment opportunities for the benefit of the Nation. The Nation accepted the offer and Northern Gateway subsequently provided possible meeting dates in the early part of May 2012 for consideration by the Nation.

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Aboriginal Engagement Reply & Update Section 6: Engagement Updates

In May 2012, the Paul (Paul First Nation) was offered two seats funded by Northern Gateway in the Trade Winds to Success aboriginal apprenticeship program. The Nation provided a list of names of companies and organization who are based close to the Paul (Paul First Nation) Reserve or doing business with the Nation that the Nation would like to invite to a meeting to discuss training and employment matters. The parties are currently in discussions to establish a meeting with those companies and organizations. Northern Gateway also extended an invitation to the Nation in May 2012 to attend a meeting with senior Northern Gateway personnel in the latter part of June 2012 to discuss Project-related matters. In June 2012, Northern Gateway's senior personnel met with the Paul (Paul First Nation) to discuss Project-related matters. Northern Gateway also extended an invitation to the Nation and Nation members to participate in the Greater Strides Hockey Camp in early July, which is an initiative co-sponsored by Northern Gateway. The Paul (Paul First Nation) also participated in Northern Gateway CAB meetings during April 2011 to May 2012, and attended the CAB Conference in Richmond, British Columbia in June 2012. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Paul (Paul First Nation) informed about the Project by sending written notices and correspondence.

6.3.2

Alexis Nakota Sioux Nation

In April 2011, Northern Gateway contacted the Alexis Nakota Sioux Nation to arrange a meeting between the parties to further discuss Project-related matters. In addition, the Nation contacted Northern Gateway to request an updated map of the proposed Project RoW corridor, to provide an update on the Nation's ATK study report and to inquire about the status of the draft MOU prepared by the Nation that addressed possible construction opportunities arising from the Project, which was presented to Northern Gateway for consideration. The Nation also contacted Northern Gateway to establish an agreed upon process for communication between the parties. In May 2011, the Alexis Nakota Sioux Nation contacted Northern Gateway to inquire about the status of the draft MOU. Subsequently, Northern Gateway responded to the inquiry and provided an update to the Nation on the status of the draft MOU. Northern Gateway also contacted the Nation to schedule a site visit for the Northern Gateway engineering team to view potential pump station sites on the Nation's Reserve lands near Whitecourt, Alberta. The site visit was eventually completed by Northern Gateway. In addition, Northern Gateway contacted the Nation to schedule a meeting to discuss Project-related matters. The Nation was not available to attend a meeting with Northern Gateway. Northern Gateway also contacted the Nation to discuss communication processes between the parties. In June 2011, the parties met to discuss the draft MOU. Later in the month, Alexis Nakota Sioux Nation contacted Northern Gateway to follow-up on Northern Gateway's response to the draft MOU. The Alexis Nakota Sioux Nation contacted Northern Gateway to request a donation to the Nation's community Pow Wow and Northern Gateway made a contribution to the event. In July 2011, Northern Gateway contacted the Alexis Nakota Sioux Nation regarding a possible suitable location for a pump station. Northern Gateway also provided the Nation with the URL for a map of the

July 2012

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Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

currently proposed pipeline route. The parties also continued discussions surrounding the draft MOU related to possible construction opportunities arising from the Project. In August 2011, Northern Gateway mailed the Aboriginal Economics Benefits Package, including the AOA, to the Alexis Nakota Sioux Nation for their consideration. Northern Gateway also contacted the Nation to advise that Northern Gateway had assigned a new point of contact to liaise with the Nation regarding the Project. In early September 2011, the Alexis Nakota Sioux Nation contacted Northern Gateway to discuss the draft MOU and to propose a meeting to further discuss the matter. Northern Gateway, in the latter part of September, provided the Nation with additional information regarding the MOU and provided answers to the questions posed by the Nation regarding the draft MOU provisions. The Nation also requested to meet with a member of Northern Gateway team versed in the financial aspects of the AOA. The Nation contacted Northern Gateway to extend an invitation to attend the Nation's industry sharing circle event to be held at the Alexis Nakota Sioux Nation community. Northern Gateway declined the request due to a scheduling conflict. In addition, Northern Gateway contacted the Nation to follow-up on a request by the Nation for Northern Gateway to meet with both representatives of the Nation and the Sturgeon Lake Cree Nation on Project-related matters. In October 2011, the Alexis Nakota Sioux Nation contacted Northern Gateway regarding the AOA. Northern Gateway, in response, committed to follow-up and meet with the Nation regarding the agreement. In early November 2011, Alexis Nakota Sioux Nation representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. Northern Gateway also met the Nation at few times. The first meeting was to discuss the next steps the parties could undertake to move the MOU discussion forward and to discuss the provision of the AOA. Northern Gateway and the Nation were in contact many times about the draft MOU. The second meeting was to discuss the AOA and the draft MOU. In December 2011, Northern Gateway and the Alexis Nakota Sioux Nation discussed provisions of the MOU, specifically, the potential placement of a pump station on the Nation's Reserve lands, as well as the AOA. As a result of engagement activities, Northern Gateway and the Nation entered into an MOU relating to construction of a pump station and other Project-related opportunities. In February 2012, Northern Gateway met with the Alexis Nakota Sioux Nation and provided a Project update. The parties also discussed matters related to a pump station agreement and business interests of the Nation. The parties made arrangements to meet in May 2012 to follow-up on various matters arising from the meeting. In March 2012, Northern Gateway was in contact with the Alexis Nakota Sioux Nation several times and met on two occasions. The first occasion was to obtain a copy of the Nation's ATK study report. Northern Gateway and the Nation were then in contact many times surrounding the Nation's ATK study report. The second occasion was to discuss business and employment Project-related opportunities. The Nation shared information relating to their business interests including, a potential joint venture. In April 2012, Northern Gateway met the Alexis Nakota Sioux Nation to discuss the upcoming technical meeting relating to the Nation's recently submitted ATK study report, information surrounding the

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Aboriginal Engagement Reply & Update Section 6: Engagement Updates

process of the MOU discussions and for Northern Gateway to provide a brief Project update. Northern Gateway also provided the Nation with a table outlining the issue and concerns raised by the Nation in their ATK study report and issues and concerns raised in Attachment JRP IR 5.9 in preparation for the Project technical meeting in May 2012. The Alexis Nakota Sioux Nation was offered two Northern Gateway funded seats in Trade Winds to Success Aboriginal trades training program. In May 2012, Northern Gateway and the Alexis Nakota Sioux Nation met to complete a technical and watercourse meeting to address issues and concerns raised in the Nation's ATK study, issues and concerns raised in Attachment JRP IR 5.9, as well as issues and concerns raised during engagement activities with the Nation. During the technical and watercourse meeting, Northern Gateway addressed the following issues: trappers identification and compensation, effects of the Project on reserve and traditional lands and Aboriginal culture, first response and emergency response plans, equity participation, economic opportunities, community investment, including Project legacy opportunities, pump station location and reserve land use, pipeline integrity and safety, size of pipeline RoW, effects of the Project on water and surface water, conservation and reclamation of RoW, access management, new access to areas created by the Project, pipeline monitoring and safety measures, noise from construction, baseline information and effects on wildlife, Enbridge's spill history, environmental record and response to incidents, accidents and malfunctions, oil spills response plans, aboriginal and treaty rights, assessment of regional socio– economic impacts and detailed design information. Additionally in May, the Nation sent a letter to Northern Gateway advising of the appointment of Alexis Nakota Sioux Nation Liaison for the Project effective June 18, 2012. Northern Gateway also extended an invitation to the Alexis Nakota Sioux Nation in May 2012 to attend a meeting with senior Northern Gateway personnel in early June 2012 to discuss Project-related matters. In June 2012, discussions took place regarding potential meeting dates to discuss the pump station agreement, an invitation to Northern Gateway to attend the Annual Alexis Nakota Sioux Nation Pow Wow, and the newly appointed Alexis Nakota Sioux Nation Liaison for the Project. Subsequently, Northern Gateway met on three occasions with the Nation. The first meeting was to discuss a business development, skills and training strategy with the Nation's Land Management Corp. and to explain the skills and business development benefit to the Nation. The Nation identified a joint venture construction company as a possible training to employment initiative. Northern Gateway agreed to follow-up in July to learn about the potential employment requests of the contractor. The second meeting was held with Northern Gateway senior executives to discuss Project-related matters. The third meeting was held to meet with the newly appointed Alexis Nakota Sioux Nation Liaison to discuss next steps in moving forward on Project-related matters, including the Nation providing information on the role of the Nation Liaison, the process for discussing opportunities arising from the Project, in particular, the pump station MOU and the economic participation MOU. Later in June, Northern Gateway was invited to participate in a meeting between the Nation and Aboriginal Affairs and Northern Development Canada in July 2012 to discuss the location of the pump station. Northern Gateway has confirmed its attendance at the meeting. In the June 2011 Update to the Application, Volume 5A, Section 4.3.2, Northern Gateway stated that the Whitecourt pump station will be relocated onto the Alexis Indian Reserve No. 232, as requested by the Alexis Nakota Sioux Nation, subject to confirmation of technical feasibility. Technical feasibility of this

July 2012

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Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

pump station relocation has now been confirmed and the relocation, as shown on the figure provided in Appendix B, will be adopted and included in the next pipeline route revision. This relocation remains subject to the granting of all required land rights, in a timely manner. Northern Gateway extended an invitation to the Alexis Nakota Sioux Nation and Nation members to participate in the Greater Strides Hockey Camp in early July, an initiative co-sponsored by Northern Gateway. The Alexis Nakota Sioux Nation also participated in the Northern Gateway CAB meetings during April 2011 to May 2012, and attended the CAB Conference in Richmond, British Columbia in June 2012. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Alexis Nakota Sioux Nation informed about the Project by sending written notices and correspondence.

6.3.3

Maskwacis Cree Nation

The Maskwacis Cree Nation, previously known as Four Nations Administration, is located at Hobbema, Alberta. For administrative purposes, the organization includes the following four First Nations: • • • • Samson (Samson Cree Nation) Ermineskin Tribe (Ermineskin Cree Nation) Louis Bull (Louis Bull Tribe) Montana First Nation

Northern Gateway, as described in the June 2011 Update to the Application, Volume 5A, was asked to engage with each of the four Nations independently. 6.3.3.1 Samson (Samson Cree Nation)

In September 2011, Northern Gateway contacted the Samson (Samson Cree Nation) by letter to offer funding to the Nation to conduct an ATK study. In early November 2011, the Samson (Samson Cree Nation) representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. In May 2012, Northern Gateway contacted the Samson (Samson Cree Nation) regarding Northern Gateway's offer to provide funding to the Nation to conduct an ATK study. In June 2012, the Samson (Samson Cree Nation) contacted Northern Gateway to discuss Northern Gateway's renewed offer for the Nation to conduct an ATK study and to determine potential meeting dates. Northern Gateway provided potential meeting dates for July 2012 and the Nation later confirmed a meeting date for mid-July to discuss an ATK study and Project-related matters. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Samson (Samson Cree Nation) informed about the Project by sending written notices and correspondence.

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July 2012

Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

6.3.3.2

Ermineskin Tribe (Ermineskin Cree Nation)

In September 2011, Northern Gateway contacted the Ermineskin Tribe (Ermineskin Cree Nation) by letter to offer funding to the Nation to conduct an ATK study. In October 2011, the Ermineskin Tribe (Ermineskin Cree Nation) contacted Northern Gateway by letter advising that the amount Northern Gateway offered to the Nation to complete an ATK study was not sufficient and the Nation proposed an amount that was significantly higher than the amount offered by Northern Gateway. In early November 2011, Ermineskin Tribe (Ermineskin Cree Nation) representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. In January 2012, Northern Gateway responded to the Ermineskin Tribe (Ermineskin Cree Nation's) request that Northern Gateway provide a higher level of ATK study funding to the Nation. Northern Gateway also directed the Nation to view JRP IR No. 1 surrounding a similar inquiry made by the Nation to the JRP that outlined Northern Gateway's approach to funding ATK studies for groups in similar circumstances to the Nation. In March 2012, the Ermineskin Tribe (Ermineskin Cree Nation) contacted Northern Gateway to inquire about the Project and to make an inquiry regarding the Project corridor, in particular, the engagement of Aboriginal groups within the corridor. Northern Gateway responded to the inquiry and provided information to the Nation about the Project corridor. In April 2012, Northern Gateway, as a follow-up to the March 2012 activities, contacted the Ermineskin Tribe (Ermineskin Cree Nation) on a few occasions to discuss Northern Gateway's funding offer to the Nation to complete an independent ATK study and to arrange a suitable date to meet to discuss the ATK funding offer and Project-related matters. The parties subsequently arranged a meeting date for May 2012. In May 2012, Northern Gateway met with the Ermineskin Tribe (Ermineskin Cree Nation) on one occasion to discuss the ATK funding offered to the Nation to complete an independent ATK study. The Nation provided a letter of acceptance regarding Northern Gateway's ATK funding offer. Northern Gateway also offered to complete a Project technical and watercourse crossing meeting with the Nation. The Nation indicated that they were interested in the technical meeting and would provide possible meeting dates at a later date. Subsequently, the parties tentatively scheduled a Project technical meeting at the latter part of June 2012; however, the meeting did not occur due to a scheduling conflict. In June 2012, Northern Gateway and the Ermineskin Tribe (Ermineskin Cree Nation) were in contact on a few occasions to schedule a meeting date in July 2012 to complete a technical meeting. Northern Gateway anticipates that the parties will have a technical meeting in July 2012. Northern Gateway also contacted the Nation to request a meeting to discuss the work plan and budget associated with the independent ATK study. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Ermineskin Tribe (Ermineskin Cree Nation) informed about the Project by sending written notices and correspondence.

July 2012

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6.3.3.3

Louis Bull (Louis Bull Tribe)

In May 2011, Northern Gateway contacted the Louis Bull Tribe a few times to inquire about the status of their ATK study work plan and budget and to discuss matters related to the ATK study. In July 2011, Northern Gateway contacted the Louis Bull Tribe to inquire about the status of their ATK study work plan and budget. In August and September 2011, Northern Gateway and the Louis Bull Tribe were in contact many times to discuss matters related to their ATK study work plan and budget. In October 2011, Northern Gateway contacted the Louis Bull Tribe regarding the approval of their ATK study work plan and budget and to discuss other process matters related to the ATK study. The Louis Bull Tribe ATK study is underway and targeted for completion at the end of May 2012. Northern Gateway also met with the Louis Bull Tribe to complete a technical meeting regarding the Project, including presentations regarding watercourse crossing and pipeline integrity. The Louis Bull Tribe requested a copy of the presentation materials from the technical meeting. In early November 2011, Louis Bull Tribe representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. Northern Gateway also contacted the Louis Bull Tribe to provide presentation materials from the October 2011 technical meeting, including watercourse crossing and other Project technical information, as requested by the Louis Bull Tribe. In April 2012, Northern Gateway contacted the Louis Bull Tribe to inquire about the status of their ATK study. Northern Gateway also contacted the Louis Bull Tribe to offer a technical and watercourse crossing meeting. Although the Louis Bull Tribe did not respond to the offer, Northern Gateway will extend another offer near the end of June 2012. In May 2012, the Louis Bull Tribe did not submit their ATK study report as expected (see Attachment 2 JRP IR 10.9) (A2T9E8). In June 2012, Northern Gateway contacted the Louis Bull Tribe to inquire about the status of their ATK study and extend another offer for a technical and watercourse crossing meeting in July 2012. Northern Gateway awaits a response from the Nation regarding the status of their ATK study and a response to the offer for a technical and watercourse crossing meeting. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Louis Bull Tribe informed about the Project by sending written notices and correspondence. 6.3.3.4 Montana First Nation

In May 2011, Northern Gateway contacted the Montana First Nation to provide an ATK study work plan and budget template for reference by the Nation in their preparation of a draft ATK study work plan and budget. In the latter part of May, Northern Gateway and the Nation were in contact to discuss the Nation's ATK study work plan and budget. In July 2011, Northern Gateway contacted the Montana First Nation to follow-up on the status of the Nation's ATK study work plan and budget. The representative from the Montana First Nation was

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Aboriginal Engagement Reply & Update Section 6: Engagement Updates

travelling out of the province and indicated that the Nation would follow-up with Northern Gateway at a later date. In August 2011, the Montana First Nation contacted Northern Gateway to request another copy of the ATK study work plan and budget template. Northern Gateway provided the template to the Nation. Northern Gateway and the Nation were in contact a few times to discuss the status of the Nation's ATK study work plan and budget. Northern Gateway also advised the Nation's newly appointed representative that Northern Gateway was aware that the Nation had submitted its registration as an intervenor in the Project. The Nation's representative was not aware that the Nation had filed the registration. In September 2011, Northern Gateway and the Montana First Nation were in contact a few times regarding the preparation of an ATK study work plan and budget by the Montana First Nation. In October 2011, Northern Gateway contacted the Montana First Nation to confirm information regarding the contact person for the Nation on ATK study matters. The Nation provided confirmation of the contact person. In early November 2011, Montana First Nation representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. Also in November, Northern Gateway was advised of a new representative for the Nation and Northern Gateway contacted the Nation to schedule a meeting to followup on the status of the Nation's ATK study work plan and budget. A meeting was arranged, but postponed due to unavailability of the Nation's representative to attend the scheduled meeting. In December 2011, Northern Gateway and the Montana First Nation met to discuss matters related to the Nation's ATK study work plan and budget. Northern Gateway, as requested by the Nation, provided regulatory materials for the Project to the new representative from the Nation. Subsequently, the Nation submitted an ATK study work plan and budget, which was approved by Northern Gateway. The Nation began their ATK study with a target for completion in June 2012. In April 2012, Northern Gateway met with the Montana First Nation to inquire about the status of the Nation's ATK study. Northern Gateway also contacted the Nation to offer a Project technical and watercourse crossing meeting. A meeting date was subsequently scheduled for the Project technical and watercourse crossing meeting. In May 2012, the Montana First Nation contacted Northern Gateway to postpone the Project technical and watercourse crossing meeting due to scheduling conflict with the Nation. Although the Nation was not available on the date originally scheduled for the Project technical and watercourse crossing meeting, Northern Gateway will continue to propose new dates for the meeting. In June 2012, the Montana First Nation did not submit their ATK study report as expected (see Attachment 2 JRP IR 10.9) (A2T9E8). Northern Gateway contacted Northern Gateway to discuss possible meeting dates to discuss the status of the Nation's ATK study. Northern Gateway awaits a response from the Nation regarding the status of their ATK study. Northern Gateway also extended another offer to the Nation to complete a technical and watercourse crossing meeting in July 2012. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Montana First Nation informed about the Project by sending written notices and correspondence.

July 2012

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6.3.4

Michel First Nation

In April 2011, Northern Gateway contacted the Michel First Nation to follow-up on meeting arrangements to discuss the Nation's ATK study and other Project-related matters. Subsequently, the parties met and discussed issues and concerns surrounding the ATK study and capacity funding. The parties also discussed Northern Gateway's consultation with Michel First Nation, in particular, that Northern Gateway's consultation activities with the Nation are similar to those with other Aboriginal groups in the same circumstances as Michel First Nation. In August 2011, Northern Gateway contacted the Michel First Nation and provided a draft summary of issue tables prepared by Northern Gateway in relation to the ATK study. The Michel First Nation expressed frustration with the draft summary of issues table and reiterated their preference that various Northern Gateway disciplines use the Nation's entire ATK study rather than a summary of issues table. Northern Gateway offered to complete a Project technical meeting with the Nation to address the issues and concerns raised by the Nation in their ATK study. In October 2011, Northern Gateway contacted and met with the Michel First Nation to schedule a Project technical and watercourse crossing meeting to address the issues and concerns raised by the Nation in their ATK study, as well as their other issues and concerns of the Nation. In December 2011, the Michel First Nation contacted Northern Gateway to inquire about the offering of equity to Aboriginal groups along the proposed Project RoW. In January 2012, Northern Gateway contacted the Michel First Nation and provided information outlining the eligibility factors surrounding the equity participation component of the Aboriginal Economic Benefits Package offered to eligible Aboriginal groups along the proposed Project RoW. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Michel First Nation informed about the Project by sending written notices and correspondence.

6.4
6.4.1
• • • • •

Northwest Alberta Region
Lesser Slave Lake Indian Regional Council

The Lesser Slave Lake Indian Regional Council consists of five member Nations: Sawridge (Sawridge First Nation) Swan River First Nation Driftpile First Nation Kapawe'no First Nation Sucker Creek (Sucker Creek First Nation )

Northern Gateway is currently engaged with all five Nations individually.

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6.4.1.1

Sawridge (Sawridge First Nation)

In April 2011, Northern Gateway attended an open house with the Sawridge (Sawridge First Nation) to provide Project information, answer questions and address concerns about the Project. Northern Gateway responded to questions relating to pipeline construction and reclamation, erosion, monitoring, leak protection and monitoring and spill response. Northern Gateway also addressed questions relating to ATK. Following the open house, Northern Gateway provided the Nation with a watercourse crossing presentation. In August 2011, Northern Gateway sent the Sawridge (Sawridge First Nation) the proposed AOA for its consideration. Northern Gateway and the Sawridge (Sawridge First Nation) were in touch throughout September and October 2011 about the Northern Gateway Business Summit, the AOA, and to make meeting arrangements. In early November 2011, Sawridge (Sawridge First Nation) representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. In February 2012, Northern Gateway met with the Sawridge (Sawridge First Nation) to provide a Project update, including an update on the regulatory process and to discuss meeting arrangements for a future meeting with Enbridge senior management. The Nation expressed that they felt their concerns with respect to the environment were being addressed by Northern Gateway. Northern Gateway and the Nation discussed a desire to meet in the near future to discuss employment and business opportunities related to construction of the proposed Project. In April 2012, Northern Gateway received an invitation from the Sawridge (Sawridge First Nation) and the Nation's other First Nations business partners to attend a business open house in Calgary. Northern Gateway attended the joint venture business open house and provided information about potential economic opportunities arising from the Project, as well as Northern Gateway's employment and training strategy. In May 2012, Northern Gateway extended an invitation to the Sawridge (Sawridge First Nation) to attend a meeting with senior Northern Gateway personnel in June 2012 to discuss Project-related matters. In June 2012, Northern Gateway extended an invitation to the Sawridge (Sawridge First Nation) and Nation members to participate in the Greater Strides Hockey Camp in early July, an initiative cosponsored by Northern Gateway. Northern Gateway senior executives also met with the Nation to discuss Project-related matters. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Sawridge (Sawridge First Nation) informed about the Project by sending written notices and correspondence. 6.4.1.2 Swan River First Nation

In May 2011, Northern Gateway's legal counsel contacted the Swan River First Nation's legal counsel and provided copies of the Hearing Order, which had been previously provided to the Nation.

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In June, July, August and September 2011, Northern Gateway and the Swan River First Nation were in contact many times regarding a Project protocol renewal agreement. Northern Gateway executed a Project protocol renewal agreement with the Nation in September 2011. In October 2011, Northern Gateway contacted the Swan River First Nation to confirm receipt of a payment owing to the Nation under the Project protocol renewal agreement and to confirm that the Nation received a letter of invitation to the Northern Gateway Aboriginal Business Summit. The Nation could not confirm receipt of the payment and invitation, but indicated that the Nation would follow-up on both matters and contact Northern Gateway. In November 2011, Northern Gateway and the Swan River First Nation were in contact on a number of occasions to schedule a meeting to discuss matters related to the proposed Project, including topics related to the Aboriginal Economic Benefits Package, the update to the Nation's ATK study, a Project technical and a Project watercourse crossing meeting. In December 2011, the Swan River First Nation filed an update to their ATK study report with the JRP (A2K1S1) and Northern Gateway met with the Nation a few times. On the first occasion, Northern Gateway formally presented the Aboriginal Economic Benefits Package to the Nation, including the AOA, and discussed matters related to the contents of the AOA, including potential economic opportunities arising from the proposed Project. Northern Gateway also provided a Project update and listened to the concerns of the Nation respecting the Project, including Canada supplying resources to other countries; cumulative effects of the proposed Project; and the importance of environmental monitoring. The Swan River First Nation also stated that the Nation was conducting a third party review of the Project Application and inquired how Northern Gateway will address a third party review. The Swan River First Nation inquired about the number of aquifers along the proposed Project pipeline route, in particular, the names and geographic location of the aquifers. Northern Gateway indicated that it would follow-up on the inquiry and provide the information to the Nation. Subsequently, in March 2012, Northern Gateway contacted the Nation and provided available information relating to aquifers along the proposed Project pipeline route. Northern Gateway also offered to complete a technical meeting with the Nation to address the issues and concerns the Nation has brought forward regarding the proposed Project. The Nation also indicated that they had previously expressed an interest in a watercourse crossing meeting and the parties agreed that the meeting would take sometime in 2012. Northern Gateway advised that the watercourse crossing meeting was postponed due in part to the fact the Nation and Northern Gateway were only corresponding through legal counsel. The Nation requested a watercourse presentation, separate from a Project technical meeting, sometime in 2012. The parties agreed to complete such a meeting in 2012. Northern Gateway and the Nation also confirmed that a technical meeting would take place in the middle of December 2011. On the second occasion, Northern Gateway completed a technical meeting with Swan River First Nation Elders, and a consultant for the Nation overseeing the ATK matters on behalf of the Nation, including a review of the table prepared by Northern Gateway in Attachment JRP IR 5.9 (A2E7Q2) and an archaeological presentation to address the issues and concerns raised by the Nation in its ATK study, in particular, issues surrounding atmospheric environment, surface water, water quality, freshwater fish and aquatic habitat, vegetation, wildlife, archaeological resources, socio-economics, human health, ATK, cumulative effects, access management, conservation and reclamation, construction, accidents and

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malfunctions, environmental and socio-economic assessments, consultation, environmental monitoring and follow-up programs. Northern Gateway and the Nation also discussed the fact that Northern Gateway had renewed a protocol agreement with the Nation and Northern Gateway had presented an AOA to the Nation for consideration. In addition, Northern Gateway offered to continue its meetings with Swan River First Nation Elders at the request of the Swan River First Nation Chief and Council. Northern Gateway informed the Elders that a separate water course crossing technical meeting would occur with the Swan River First Nation in the spring of 2012, as requested by the Swan River First Nation Chief and Council. In March 2012, Northern Gateway contacted the Swan River First Nation to provide information relating to aquifers along the proposed Project pipeline route, to provide proposed dates for a technical meeting to review the mitigation measures presented by Northern Gateway in Attachment JRP IR 5.9 (A2E7Q2) and to complete a separate watercourse crossing technical meeting. In April 2012, Northern Gateway contacted the Swan River First Nation to arrange to conduct a watercourse crossing technical meeting. Also during April, Northern Gateway received an invitation from the Nation and the Nation's other First Nations business partners, to attend a business open house in Calgary. Subsequently, Northern Gateway attended the joint venture business open house and provided information relating to potential economic opportunities arising from the Project, as well as Northern Gateway's employment and training strategy. The Nation indicated that they were participating in the business open house with Northern Gateway on a without prejudice basis. The Nation also requested additional funds, outside of their protocol agreement, to obtain a watercourse crossing technical consultant to attend a watercourse crossing technical meeting with Northern Gateway. In May, 2012, Northern Gateway contacted the Swan River First Nation to offer additional funds towards a watercourse crossing technical meeting and to make a request to meet to discuss the AOA. Northern Gateway also offered to meet to share information relating to the Project and to provide a response to the Management Solutions and Environment Science report filed by the Nation with the JRP, including the process Northern Gateway took to incorporate the recommendations from the Nation. Northern Gateway offered to meet and gather feedback from the Nation on the technical meeting in the community in December 2011 to address the issues and concerns raised in the Nation's ATK study. In June 2012, Northern Gateway contacted the Swan River First Nation to arrange for a watercourse crossing technical meeting. Northern Gateway also requested a response from the Nation respecting Northern Gateway's offer to meet to discuss the technical meeting that took place in December 2011 to address the issues and concerns raised in the Nation's ATK study and to receive feedback from the Swan River First Nation. Northern Gateway also offered to share information relating to the Management Solutions and Environment Science report. Northern Gateway has confirmed a watercourse crossing technical meeting with the Swan River First Nation for July 2012. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Swan River First Nation informed about the Project by sending written notices and correspondence. 6.4.1.3 Driftpile First Nation

In April 2011, Northern Gateway, through Stantec, received a letter from the Driftpile First Nation regarding a potential archaeological find and indicated that a Driftpile First Nation member had found a

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peculiar looking stone. The Driftpile First Nation further indicated that the stone was shown to archaeologists who believed the stone to be a bead and possibly an archaeological artifact. The Nation then requested a further archaeological survey be conducted with the Nation regarding the possible archaeological find. The matter was subsequently addressed by Northern Gateway at a meeting in June 2011. In May 2011, Northern Gateway and the Driftpile First Nation were in contact a few times regarding Project-related matters. On one occasion, Northern Gateway provided a copy of the AOA to the Nation for consideration. On two other occasions the parties were in contact to schedule a meeting in May or June 2011 to discuss matters related to the AOA and the Negotiation Agreement between the parties. The parties eventually agreed upon a meeting date in June 2011. In June 2011, Northern Gateway was in contact with the Driftpile First Nation on three occasions. On the first occasion, Northern Gateway sent a letter in response to the Nation's letter dated September 2010, which was received by Northern Gateway in April 2011. Northern Gateway acknowledged the potential archaeological find and informed the Nation that should the Project receive regulatory approval, Northern Gateway would meet with the Nation to discuss the potential archaeological find and address issues and concerns of the Nation. In addition, Northern Gateway advised that the potential archaeological find information would be sent to Alberta Culture and Community Spirit. Northern Gateway also reiterated the purpose of the ATK study and encouraged the Nation to include this information in their ATK study. On the second occasion, Northern Gateway met with the Nation to provide a Project update and discuss the following: the Nation's proposed amendments to the Negotiation Agreement, including discussion surrounding additional funding to complete a third party review; the Nation's ATK study, including the steps necessary to complete the study; additional work required by Northern Gateway to ensure watercourse crossings do not impact significant sites; potential economic opportunities arising from the proposed Project; and Project-related matters. Northern Gateway responded to some of the concerns raised by the Nation. The Nation also inquired about the manner in which the Nation could participate in the Project hearings. Northern Gateway explained that the Nation, as set out in the Hearing Order issued by the JRP, could send a letter of comment, provide an oral statement or intervene in the Project by registering as an intervenor. Lastly, in June, Northern Gateway received a letter from the Nation requesting an amendment to their existing agreement and to request additional funds. In September 2011, Northern Gateway sent correspondence to the Driftpile First Nation requesting direction from the Nation to further the discussions that arose at the June 2011 meeting between the parties. In early November 2011, Driftpile First Nation representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. At the Business Summit, Driftpile First Nation Council members inquired about the next meeting with Northern Gateway. Subsequent to that inquiry, Northern Gateway requested that the Nation provide potential dates for a meeting. A meeting took place in the latter part of November and the parties discussed matters surrounding the proposed AOA, as well as the capacity funding request made by the Nation in June 2011. The Nation also indicated that it would require a third party review of the AOA. Northern Gateway offered funds to the Nation for a third party review of the AOA and to assist with costs associated with any community meetings related to specific issues arising from the proposed Project. Northern Gateway also reiterated to the Nation that their ATK study was outstanding and that

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Aboriginal Engagement Reply & Update Section 6: Engagement Updates

Northern Gateway was awaiting receipt of the study. The Nation advised that the report would be forthcoming to Northern Gateway. Northern Gateway indicated that once it had received the ATK study report, the study would assist Northern Gateway in understanding the Nation's specific issues and concerns surrounding the Project, which would allow Northern Gateway to address and, where possible, mitigate the issues and concerns of the Nation. The parties also discussed training and employment opportunities arising from the proposed Project, as well as Northern Gateway's School Plus program. Northern Gateway senior personnel extended an offer to the Nation to attend a community meeting in 2012 with Nation members to provide information on the Project. In December 2011, the Driftpile First Nation filed a copy of their ATK study report with the JRP (A2K3D1). The ATK study was marked as a draft report. In January 2012, Northern Gateway followed-up from the November 2011 meeting by way of a letter to the Driftpile First Nation that addressed the matters raised by the Nation in their June 2011 letter. In particular, Northern Gateway addressed the following points: the Nation's request for funds to complete a third party review of AOA, a process for ongoing discussions relating to the Project MOU, a request for additional funds relating to a third party review of the Project ESA, a process for addressing issues and concerns arising from the Nation's ATK study, and a request for additional funds for an archaeological study. Northern Gateway also requested a final copy of the Nation's ATK study report, as the report submitted to the JRP was marked as a draft report. In April 2012, Northern Gateway sent a letter offering a technical meeting to address the Driftpile First Nation's ATK study and to request a final copy of the ATK study report. In May 2012, Northern Gateway contacted the Driftpile First Nation to discuss meeting arrangements. Subsequently the parties met to discuss Project-related matters, and at the request of the Nation, this meeting was confidential. Subsequently, the Nation followed-up from the meeting by sending Northern Gateway a letter that the Nation deemed to be confidential and without prejudice. Northern Gateway responded to the Nation in June 2012 by letter to address the matters raised in the Nation's May 2012 letter. In June 2012, the Driftpile First Nation sent a letter to Northern Gateway regarding their ATK study report. The Nation wished to approve the ATK study report, which was originally marked as a draft document, as their final ATK study report. Further, the Nation raised some concerns with their ATK study, in particular, that the ATK study area was limited, cumulative effects of the Project and impacts to the Nation, and the lack of understanding of the community by the consultants working on the ATK study. Although, the Driftpile First Nation did not raise these issues and concerns when the Nation filed written evidence on December 21, 2011 consisting of a written submission that included a copy of their ATK Community (Draft) Report dated December 2011 and assisted in the development of the ATK study work plan, approved the scope of its ATK study and fully participated in the completion of the study, Northern Gateway has noted the concerns of the Nation outlined in the letter and will endeavour to meet with the Nation to discuss the matter. Also in June 2012, the Driftpile First Nation consultant overseeing ATK matters on behalf of the Nation requested information regarding Northern Gateway's response to JRP IR. 5.9. Northern Gateway provided

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the Nation with information on the location where the Nation could access the information from the NEB website, including the link to Northern Gateway's responses to JRP IR 10.9 and 10.10. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Driftpile First Nation informed about the Project by sending written notices and correspondence. 6.4.1.4 Kapawe'no First Nation

In May 2011, Northern Gateway was in contact with the Kapawe'no First Nation on several occasions to make meeting arrangements. In June 2011, Northern Gateway and the Kapawe'no First Nation met to discuss Project opportunities and for Northern Gateway to provide a Project update. In July 2011, the Kapawe'no First Nation provided their completed ATK study report which consisted of a summary of ATK study issues and concerns. The ATK study report included a comment that Northern Gateway has set a good example of consultation with the Nation and conducted themselves in the professional, transparent manner in which the Nation requires to be consulted in their traditional territory. In August 2011, Northern Gateway provided the Kapawe'no First Nation with the AOA for its consideration. In early November 2011, a Kapawe'no First Nation representative attended the Northern Gateway Business Summit in Edmonton, Alberta. Northern Gateway also held a brief meeting with the Kapawe'no First Nation to discuss next steps in relation to the Project MOU and economic opportunities. In December 2011, Northern Gateway and the Kapawe'no First Nation had discussions, by email, on matters related to the AOA. In March 2012, Northern Gateway met with the Kapawe'no First Nation to provide a Project update, including the regulatory process timelines, and to discuss the Project MOU, economic opportunities and the employment, training and skills development strategy. During April 2012, Northern Gateway was invited to attend a business open house hosted by the Kapapwe'no First Nation along with two other joint venture partners to learn about the joint venture relating to economic resource development. Subsequently, Northern Gateway attended the joint venture business open house and provided information relating to potential economic opportunities arising from the Project, as well as Northern Gateway's employment, training and skills development strategy. In May 2012, Northern Gateway met with the Kapawe'no First Nation to address the ATK study issues that the Nation raised and the table prepared by Northern Gateway in Attachment JRP IR 5.9 (A2E7Q2). The technical meeting addressed the following: Project update, including the regulatory process and JRP approval process, watercourse crossing methods, mitigation measures relating to rare species of trees, reclamation process and the process for incorporating ATK study information into Project planning. The Nation expressed interest in participating in the reclamation process. In addition, Northern Gateway obtained clarity on the issue surrounding mountain ash and potential conservation and remediation measures related to mountain ash to be considered in Northern Gateway's reclamation plans. Later in May, the Nation contacted Northern Gateway to advise that the Nation has a reclamation and

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Aboriginal Engagement Reply & Update Section 6: Engagement Updates

conservation plan that they would like to review with Northern Gateway. In May 2012, Northern Gateway also extended an invitation to the Nation to attend a meeting with senior Northern Gateway personnel in June 2012 to discuss Project-related matters. In June 2012, Northern Gateway was in contact with the Kapawe'no First Nation to make meeting arrangements and to discuss a Northern Gateway initiative for youth. Northern Gateway also extended an invitation to the Nation and Nation members to participate in the Greater Strides Hockey Camp in early July, an initiative co-sponsored by Northern Gateway. Northern Gateway sent a letter to the Nation requesting authorization and direction as to how Northern Gateway is to use the Nation's ATK study report. Lastly during June 2012, Northern Gateway senior executives met with the Nation to discuss Project-related matters. Northern Gateway also discussed meeting arrangements for July 2012 to discuss Project opportunities. The Kapawe'no First Nation indicated that a letter of response for their ATK study report authorization would be forthcoming. The Kapawe'no First Nation also participated in the Northern Gateway CAB meetings during April 2011 to May 2012. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Kapawe'no First Nation informed about the Project by sending written notices and correspondence. 6.4.1.5 Sucker Creek (Sucker Creek First Nation)

During April 2011, Northern Gateway was in contact with the Sucker Creek (Sucker Creek First Nation) to make meeting arrangements. In May 2011, Northern Gateway met with the Sucker Creek (Sucker Creek First Nation) to provide a Project update, and to discuss the Nation's ATK study, the Project MOU process for exploring Project opportunities and the Nation's business interests. In June 2011, Northern Gateway met with the Sucker Creek (Sucker Creek First Nation) to discuss Project opportunities and to learn more about the Nation's business capacity. In August 2011, the Sucker Creek (Sucker Creek First Nation) provided their ATK study summary report to Northern Gateway. Northern Gateway offered to meet with the Nation and complete a technical meeting to discuss issues and concerns of the Nation. Northern Gateway also provided the Nation with the AOA for its review. In September 2011, Northern Gateway and the Sucker Creek (Sucker Creek First Nation) met to discuss details of the Aboriginal Economic Benefits Package, including the AOA. In October 2011, the Sucker Creek (Sucker Creek First Nation) provided a copy of their ATK study report to Northern Gateway. In early November 2011, Sucker Creek (Sucker Creek First Nation) representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. Northern Gateway and the Nation also met on two occasions. Northern Gateway and the Nation initially met to address questions and concerns with the AOA. As follow-up, Northern Gateway provided the Nation with the contact information for Northern Gateway's external legal counsel as a resource for obtaining answers to specific technical questions

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related to the AOA. The second meeting was a technical meeting with the Nation to discuss issues and concerns arising from the Nation's ATK study, including the possibility of having a follow-up technical meeting with the Nation's ATK participants and land users to provide information on Northern Gateway's mitigation measures and standard practices to address specific issues identified in the Nation' ATK study. Northern Gateway and the Nation agreed to arrange the technical meeting in early 2012. During the November technical meeting, the Nation requested information relating to aquifer locations within the proposed RoW. In December 2011, Northern Gateway and the Sucker Creek (Sucker Creek First Nation) had discussions relating to the AOA and a potential MOU relating to construction and other Project-related opportunities. Northern Gateway also followed-up with the Nation in December regarding the Nation's request from the November technical meeting that Northern Gateway provide specific information related to aquifers in Alberta. Northern Gateway provided the Nation with the information filed with the JRP regarding aquifers and confirmed that mapping relating to aquifer locations in Alberta is not currently available. In late March 2012, a meeting was held between Northern Gateway and the Sucker Creek (Sucker Creek First Nation) Economic Development Officer to introduce the Northern Gateway education and training strategy. The meeting focused on identifying the training priorities and interests of the Nation. As a follow-up to this meeting, Northern Gateway provided the Nation with contact information for the Alberta Human Services representative for the Nation's reference when following-up on regional training projects of interest to the Nation. In May 2012, Northern Gateway held two technical meetings with the Sucker Creek (Sucker Creek First Nation), one on the Sucker Creek (Sucker Creek First Nation) Reserve and one in Grande Prairie, Alberta to address ATK study issues, concerns and recommendations with study participants and the Nation's leadership, including wildlife, water quality, effects of the Project on water, groundwater, vegetation, the potential effect of the Project on the quality of or elimination of berry and/or medicinal plants in harvesting areas along the RoW, use of chemical sprays on vegetation and effect on health of members of the Nation, as many rely on, and prefer obtaining their food from the natural environment, baseline Information and effects on wildlife, accidents and malfunctions, conservation and reclamation, pipeline monitoring and safety measures. Northern Gateway also provided a watercourse crossing presentation and provided information regarding the proposed mitigation measures set out in Attachment JRP IR 5.9 (A2E7Q2). Northern Gateway met with the Nation a third time to discuss Project opportunities relating to employment, training and business opportunities and interests of the Nation. In June 2012, Northern Gateway contacted the Sucker Creek (Sucker Creek First Nation) to extend an invitation to meet with senior Northern Gateway management and to discuss a Northern Gateway youth initiative. Subsequently, Northern Gateway senior executives met with the Nation to discuss Projectrelated matters. Northern Gateway also discussed meeting arrangements in July 2012 to discuss Project opportunities. Northern Gateway extended an invitation to the Sucker Creek (Sucker Creek First Nation) and Nation members to participate in the Greater Strides Hockey Camp in early July, an initiative cosponsored by Northern Gateway. Lastly in June 2012, Northern Gateway sent a letter to the Sucker Creek (Sucker Creek First Nation) requesting authorization and direction as to how Northern Gateway is to use their ATK study report.

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The Sucker Creek (Sucker Creek First Nation) also participated in the Northern Gateway CAB meetings during April 2011 to May 2012, and attended the CAB Conference in Richmond, British Columbia in June 2012. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Sucker Creek (Sucker Creek First Nation) informed about the Project by sending written notices and correspondence.

6.4.2

Métis Nation of Alberta Region 5

In May 2011, Northern Gateway received a training proposal from the Métis Nation of Alberta Region 5. In June 2011, Northern Gateway held discussions with the Métis Nation of Alberta Region 5 in relation to the Métis Nation of Alberta Region 5's training proposal, the June CAB meeting and a sponsorship request. Northern Gateway responded to the Métis Nation of Alberta Region 5 sponsorship request in July 2011. During September and October 2011, Northern Gateway held discussions with the Métis Nation of Alberta Region 5 relating to the Northern Gateway Business Summit. In early November 2011, Métis Nation of Alberta Region 5 representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. Northern Gateway also had discussions with the Métis Nation of Alberta Region 5 relating to Project opportunities, the pre-qualifying process for business opportunities and the Project MOU. Later in November, Northern Gateway met with the Métis Nation of Alberta Region 5 to discuss the employment and training strategy for the Project. Northern Gateway also provided information about Project opportunities. In December 2011, Northern Gateway received the executed copy of the Project MOU from the Métis Nation of Alberta Region 5. In March 2012, the Métis Nation of Alberta Region 5 attended the Métis Nation of Alberta and Métis Nation of British Columbia Economic Development Conference in Grande Prairie, Alberta. The Métis Nation of Alberta Region 5 also participated in the Northern Gateway CAB meetings during April 2011 to May 2012. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Métis Nation of Alberta Region 5 informed about the Project by sending written notices and correspondence.

6.4.3
• • •

Western Cree Tribal Council

The Western Cree Tribal Council consists of three Nations: Sturgeon Lake Cree Nation Duncan's First Nation Horse Lake First Nation

Northern Gateway is directly engaged with the three First Nations on an individual basis.

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In addition to the engagement activities summarized above, Northern Gateway continued to keep the Western Cree Tribal Council informed about the Project by sending written notices and correspondence. 6.4.3.1 Sturgeon Lake Cree Nation

In April 2011, Northern Gateway met with the Sturgeon Lake Cree Nation on two occasions to discuss matters related to the Aboriginal Economic Benefits Package and the Nation's interests in Project benefits and business and contracting opportunities. Northern Gateway and the Nation also discussed Projectrelated opportunities. In May 2011, Northern Gateway met with the Sturgeon Lake Cree Nation as follow-up to discussions in April 2011, to arrange a meeting for June 2011 to discuss follow-up items outstanding from April and to discuss the economic opportunities MOU. In June 2011, Northern Gateway and the Sturgeon Lake Cree Nation met to discuss the Nation's ATK study and obtain a status update. The Sturgeon Lake Cree Nation provided Northern Gateway with a tour of their Traditional Use Study (TUS) department and provided an overview of their TUS process. Northern Gateway also obtained a listing of the Nation's businesses, as part of discussions related to the Project MOU. The Sturgeon Lake Cree Nation and Northern Gateway collaboratively concluded an amended draft of the economic participation agreement to propose to senior leadership as a binding agreement. The purpose of the economic participation agreement is to guide discussions between the parties on matters related to economic participation opportunities, to identify business, employment and training opportunities associated with the Project, to identify ways to position the Nation and its members to take advantage of opportunities arising from the Project, to identify and resolve capacity issues that may impede the Nation from participating in Project opportunities, where it is reasonable and practical to do so, and to better understand the issues and concerns of the Nation related to qualifying and bidding on direct contracts with Northern Gateway, its affiliate and prime contractors, and with general requirements of working with unions. Northern Gateway and the Sturgeon Lake Cree Nation also completed arrangements for a trapper's issues community meeting for the middle of June 2011. Later in June, Northern Gateway attended a community meeting with the Sturgeon Lake Cree Nation to provide Project information, to provide information on Northern Gateway's trapper's program and to address trapper's issues. Northern Gateway addressed concerns related to spill response, pipeline monitoring, trapper's compensation, trapper's notification and access management. Northern Gateway and the Nation met again in the end of June to discuss the Nation's ATK study and an amended work plan and budget. Following this meeting, Northern Gateway met with the Nation to conclude discussions on provisions contained in the draft economic participation agreement. In July 2011, Northern Gateway and the Sturgeon Lake Cree Nation concluded an amended ATK study budget and scope of work plan. Northern Gateway and the Nation also corresponded to make meeting arrangements in August 2011 for the purpose of concluding the economic participation agreement. In August 2011, Northern Gateway and the Sturgeon Lake Cree Nation met to discuss the economic participation agreement. At this meeting the Nation expressed that they would like to take the Agreement to their membership for review and requested that a community meeting be arranged for Northern

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Gateway to present the Agreement and Aboriginal Economic Benefits Package. In addition, Northern Gateway sent the Nation the proposed AOA for its consideration. In September 2011, Northern Gateway corresponded with the Sturgeon Lake Cree Nation in relation to the AOA, the Northern Gateway Business Summit and to arrange for a community meeting in October 2011. In October 2011, Northern Gateway attended a community meeting with the Sturgeon Lake Cree Nation to provide information on the Aboriginal Economic Benefits Package and to discuss the economic participation agreement. Northern Gateway provided a Project update at the meeting and answered questions relating to potential impacts to hunting, trapper's compensation, watercourse crossing details and training. In early November 2011, Sturgeon Lake Cree Nation representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. Sturgeon Lake and Northern Gateway also concluded the economic participation agreement. In February 2012, Northern Gateway met with the Sturgeon Lake Cree Nation to finalize a process for commencing discussions through the economic participation agreement the parties concluded in November 2011. Northern Gateway also provided an update on the status of the JRP regulatory process. In April 2012, Northern Gateway and the Sturgeon Lake Cree Nation met a few times. On the first occasion they met to begin discussions economic opportunities related to the proposed Project and training and employment initiatives. Northern Gateway and the Nation also discussed priorities of the Nation in relation to community benefits and opportunities. On the second occasion, Northern Gateway met with the Nation to identify community capacity for construction related opportunities related to Northern Gateway and other Enbridge projects. The Nation also provided some indication of their aspirations for future capacity in relation to potential Northern Gateway contract opportunities. The Nation and Northern Gateway also agreed to arrange a community meeting to discuss the potential Project opportunities and the training, employment and skills development program. In May 2012, Northern Gateway met with a training provider to discuss a training to employment program, which the Sturgeon Lake Cree Nation had expressed a strong interest in undertaking. The program facilitator provided an overview of the program and participated in an exploratory process for securing funding to initiate the program with the Nation. Northern Gateway then met with the Nation to discuss the training program and funding that Northern Gateway will contribute towards the initiative. Northern Gateway and the Nation agreed to arrange a meeting later in May 2012 with potential government funding partners to explore programs and options that will allow the Nation to commence the training program. In late May 2012, Northern Gateway and the Nation met with government representatives to discuss the training program and explore various avenues for securing funding for the Nation. Northern Gateway also extended an invitation to the Nation in May 2012 to attend a meeting with Northern Gateway senior management in June 2012 to discuss Project-related matters. In June 2012, Northern Gateway extended an invitation to the Sturgeon Lake Cree Nation and Nation members to participate in the Greater Strides Hockey Camp in early July, an initiative co-sponsored by Northern Gateway. Northern Gateway also met with the Nation on two occasions. On the first occasion, Northern Gateway senior executives met with the Nation to discuss Project-related matters. On the second

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occasion, Northern Gateway met with the Nation to facilitate a community information meeting to provide information on employment, training, skills development and business opportunities. A Project presentation was also provided at this meeting. Northern Gateway was advised by the Nation that they had completed their ATK study report and the report had been submitted to the Nation's leadership for review. Once the Nation's leadership approves the ATK study report, it is expected that the report will be submitted to Northern Gateway. The Sturgeon Lake Cree Nation also participated in the Northern Gateway CAB meetings during April 2011 to May 2012. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Sturgeon Lake Cree Nation informed about the Project by sending written notices and correspondence. 6.4.3.2 Duncan's First Nation

In June 2011, Northern Gateway met with the Duncan's First Nation to provide a Project update, including an update on the regulatory process. Northern Gateway discussed follow-up on the executed Project MOU. The Nation expressed concern that construction related opportunities would be given priority to closer proximity communities. Northern Gateway and the Nation agreed to arrange a meeting with senior management of Northern Gateway to provide assurance that Duncan's will be meaningfully involved in Project-related opportunities. In June and August 2011, Northern Gateway corresponded with the Duncan's First Nation to attempt to arrange a meeting between the Nation and Northern Gateway senior management. In August 2011, Northern Gateway sent the Nation the proposed AOA for their consideration. In September and October 2011, Northern Gateway corresponded with the Duncan's First Nation again to attempt to make meeting arrangements and in relation to the Northern Gateway Business Summit. In late October 2011, Northern Gateway met with the Nation to discuss the proposed AOA and to again discuss arrangements for a meeting between the Nation and Northern Gateway senior management. The Nation expressed an interest in training and Northern Gateway committed to meeting with the Nation in the coming months to begin discussions on training. In early November 2011, Duncan's First Nation representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. In January 2012, Northern Gateway corresponded with the Duncan's First Nation in relation to the update to the Nation's ATK study report. The Nation advised that the ATK study report was near completion and the Nation's leadership was reviewing the report. The Nation also advised that the historical review and mapping, as components of the update to the Nation's ATK study report, were nearly complete. Later in January 2012, the Nation provided its final ethno-historical review as part of the update to their ATK study. Northern Gateway awaits the update to the Duncan's First Nation ATK study report and mapping that the Nation has indicated they will provide to Northern Gateway as part their ATK study. In April 2012, Northern Gateway corresponded with the Duncan's First Nation to request a meeting to provide a Project update and discuss the Northern Gateway training, employment and skill development program.

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Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

In May 2012, Northern Gateway met with the Duncan's First Nation to provide a Project update and to discuss training programs and funding. The Nation expressed interest in meeting more frequently to provide Project updates to their Nation members. Northern Gateway provided the Nation with an overview of its training, employment and skills development strategy. Northern Gateway and the Nation engaged in an exploratory discussion on interests and potential training programs. Northern Gateway and the Nation agreed to continue discussions to explore training programs and interests of the Nation in order to design a training program that is conducive to the Nation's priorities. As a follow-up to the May 2012 meeting, Northern Gateway provided the contact information for the Alberta Human Services regional representative and regional manager for the Nation to follow-up with regarding training projects. Additional contact was made to suggest a follow-up meeting to explore well operator training to employment opportunities for the community. Northern Gateway also extended an invitation to the Duncan's First Nation in May 2012 to attend a meeting with Northern Gateway senior management in early June 2012 to discuss Project-related matters In June 2012, Northern Gateway contacted the Duncan's First Nation to inquire about the status of the update to the Nation's ATK study report. The Nation indicated that they were completing some GIS mapping and overlay mapping that would be included in the update to the ATK study report. Once the Nation completes the mapping, it is expected the update to the ATK study report will be submitted to Northern Gateway. Northern Gateway, in June 2012, also extended an invitation to the Duncan's First Nation and Nation members to participate in the Greater Strides Hockey Camp in early July, an initiative co-sponsored by Northern Gateway. Northern Gateway senior executives also met with the Nation to discuss Projectrelated matters. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Duncan's First Nation informed about the Project by sending written notices and correspondence. 6.4.3.3 Horse Lake First Nation

In April 2011, Northern Gateway met with the Horse Lake First Nation to discuss matters related to the Aboriginal Economics Benefits Package and potential contract opportunities arising from the proposed Project. Northern Gateway also forwarded an ATK sharing agreement to the Nation for execution. In May 2011, Northern Gateway contacted the Horse Lake First Nation to schedule a meeting to discuss Project-related matters. The parties were also in contact to discuss a draft MOU. In June 2011, Northern Gateway met with the Horse Lake First Nation to discuss the status of the Nation's independent ATK study; economic opportunities arising from the Project, including the Aboriginal Economic Benefits Package; scheduling of a technical meeting specific to watercourse crossings and Northern Gateway's participation at a community event planned for July 2011. Northern Gateway agreed to check back with the Nation in the fall of 2011 to conduct a watercourse crossing technical meeting. Northern Gateway also invited representatives from the Nation to attend the Dreamcatcher Gala in Calgary. In July 2011, Northern Gateway contacted the Horse Lake First Nation to request information surrounding the Horse Lake First Nation Community Lands Conference and the Nation provided

July 2012

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Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

conference details to Northern Gateway. Subsequently, senior personnel from Northern Gateway attended and participated in the Horse Lake First Nation Community Lands Conference. Northern Gateway presented an overview of the proposed Project and provided information on the Aboriginal Economic Benefits Package, including an overview of the AOA. The Horse Lake First Nation, in appreciation of Northern Gateway's participation in this community event, presented a plaque to Northern Gateway's senior management. In August 2011, Northern Gateway sent the Horse Lake First Nation the proposed AOA for its consideration. Also, Northern Gateway and the Horse Lake First Nation worked together to develop an MOU that would benefit the Horse Lake First Nation. In the latter part of August 2011, Northern Gateway met with the Nation to discuss the execution of the MOU. In September 2011, Northern Gateway met with the Horse Lake First Nation a few times to discuss the MOU and to take steps to fully execute the MOU. The parties also discussed a process to continue discussions surrounding economic opportunities arising from the proposed Project. In October 2011, Northern Gateway met with the Horse Lake First Nation to begin discussions surrounding potential business opportunities arising from the proposed Project, to identify existing Horse Lake First Nation business capacity, and to identify Horse Lake First Nation priorities and interests. Northern Gateway also proposed a LOI between the parties that would provide assurances to the Horse Lake First Nation that Northern Gateway is committed to addressing potential Project business opportunities that were discussed by the parties under the MOU. In early November 2011, a Horse Lake First Nation representative attended the Northern Gateway Business Summit in Edmonton, Alberta. Northern Gateway also had a meeting with the Horse Lake First Nation to discuss the proposed LOI and the proposed AOA. Northern Gateway's senior leadership provided an overview of both proposals and provided an overview of the proposed training strategy related to the Project. In December 2011, Northern Gateway met with the Horse Lake First Nation Chief and Council to provide additional Project information and to discuss the proposed AOA. Northern Gateway also attended a community meeting to provide information on the proposed AOA to Nation members. The parties discussed the safety measures Northern Gateway will employ to address the Nation's concerns with possible oil leaks from the proposed pipeline. The Nation also submitted their Traditional Land Use study (TLUS) or ATK study to Northern Gateway, which included information that the Nation's Etho-Historical Report would be a forth coming report. In addition, Northern Gateway offered a technical meeting to the Nation to address issues and concerns raised in the Nation's ATK study and to address any of the Nation's other outstanding issues about the Project. Lastly, the Horse Lake First Nation executed an LOI with Northern Gateway that addressed potential business opportunities for the Nation in relation to the Project. In December 2011, Northern Gateway met with the Horse Lake First Nation Chief and Council to provide additional Project information and to discuss the proposed AOA. Northern Gateway also attended a community meeting to provide information on the proposed AOA to Horse Lake First Nation members. The parties also discussed the safety measures Northern Gateway will employ to address the Nation's concerns with possible oil leaks from the proposed pipeline. The Horse Lake First Nation also submitted their ATK study to Northern Gateway, which included information that the Nation's Etho-Historical

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Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

Report would be a forth coming report. During this time, the Horse Lake First Nation also requested caribou herd range mapping in relation to caribou herd range traversing the Project corridor. In addition, Northern Gateway indicated to Horse Lake First Nation that Northern Gateway remains committed to offering a technical meeting to Horse Lake First Nation for the purpose of addressing issues and concerns raised in the Horse Lake First Nation's ATK study and to address any other outstanding issues of the Nation surrounding the proposed Project. Lastly, the Horse Lake First Nation executed an LOI with Northern Gateway that addressed potential business opportunities for the Nation in relation to the Project. In January 2012, Northern Gateway met with the Horse Lake First Nation to discuss a possible meeting between some of the Alberta Aboriginal groups and senior representatives of Northern Gateway. In March 2012, the Northern Gateway team, including senior management, met with the Horse Lake First Nation to develop a process for next steps to further discussions in relation to potential employment, training and economic opportunities arising from the Project. The Nation also expressed a desire to address a comprehensive review of the ESA, concern with the protection of water sources that may be affected by the Project and Northern Gateway's plans to protect such sources at water course crossings, and concern with the effect of the Project on caribou and hunting practices. Horse Lake First Nation also indicated the importance of treaty and Aboriginal rights in relation to the Project and the need for Crown involvement in the process. In response to the concerns raised by the Nation, the parties discussed a cooperative approach surrounding the design, review and implementation of creative solutions for minimizing the Project footprint, maximization of the use of existing disturbed linear corridor, collaboration on access management solutions and selection of optimized water course crossing methods. Northern Gateway offered the Nation an opportunity to meet with the Northern Gateway environmental team members to address the Nation's environmental concerns. The Nation also provided information relating to the oral evidence Horse Lake First Nation would be presenting to the JRP in March 2012. The Horse Lake First Nation indicated that their ATK study was close to completion and submitted their Ethno - Historical Report, as an addition to the Nation's ATK study final report. Northern Gateway, once Horse Lake First Nation has released its ATK study, will work with the Nation to address issues and concerns raised in the ATK study. In April 2012, Northern Gateway offered a technical meeting to the Horse Lake First Nation to address issues and concerns arising from the Nation's ATK study report, in addition to a separate watercourse crossing presentation. The Horse Lake First Nation declined the offer, but wished to revisit the offer at a later date. The parties are in discussions regarding the ATK study and Project mitigation measures. In May 2012, the Horse Lake First Nation submitted their ATK study report to Northern Gateway. Northern Gateway also extended an invitation to the Nation to attend a meeting with Northern Gateway senior Management in June 2012 to discuss Project-related matters In June 2012, Northern Gateway extended an invitation to the Horse Lake First Nation and Nation members to participate in the Greater Strides Hockey Camp in early July, an initiative co-sponsored by Northern Gateway. Northern Gateway senior executives also met with the Horse Lake First Nation to discuss Project-related matters. The Horse Lake First Nation and Northern Gateway discussed meeting during the summer months to follow-up on the Horse Lake First Nation LOI.

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Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

In addition to the engagement activities summarized above, Northern Gateway continued to keep the Horse Lake First Nation informed about the Project by sending written notices and correspondence.

6.4.4

Aseniwuche Winewak Nation

In August 2011, Northern Gateway sent the Aboriginal Economic Benefits Package to Aseniwuche Winewak Nation. Northern Gateway also requested a copy of the update to the Nation's ATK study report and attempted to schedule meetings with the Nation to discuss Project-related matters. In September and October 2011, Northern Gateway contacted the Aseniwuche Winewak Nation on several occasions to schedule meetings to discuss the AOA. The parties agreed to meet at the Northern Gateway Business Summit. In early November 2011, a Aseniwuche Winewak Nation representative attended the Northern Gateway Business Summit in Edmonton, Alberta. The parties met during the Business Summit to discuss a process for future discussions related to Project opportunities. Northern Gateway also had a discussion with the Nation regarding the AOA. In February 2012, Northern Gateway met with the Aseniwuche Winewak Nation to provide a Project update, obtaining information regarding existing business capacity, obtaining information relating to interests in environmental training and Northern Gateway toured Aseniwuche Winewak Nation business facilities. In March 2012, Northern Gateway had discussions with the Aseinwuche Winewak Nation and subsequently, approved of a contribution towards a training funding proposal specific to environmental monitoring training on the condition that other funding contributors confirm their contribution. In May 2012, Northern had discussions with the Aseniwuche Winewak Nation regarding meeting arrangements and subsequently, confirmed a meeting for June 2012. In June 2012, Northern Gateway sent a letter to the Aseniwuche Winewak Nation requesting authorization and direction as to how Northern Gateway is to use the information contained in the update to the Nation's ATK study report. Northern Gateway also met with the Nation to provide a Project update, including an update on the JRP process, and to discuss Project benefits, including the Project MOU. The Nation requested a meeting with Northern Gateway's employment and training personnel in October 2012, to work on a plan for the employment and training interests of the Nation. The Aseniwuche Winewak Nation also participated in the Northern Gateway CAB meetings during April 2011 to May 2012. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Aseniwuche Winewak Nation informed about the Project by sending written notices and correspondence.

6.4.5

Nose Creek Settlement

In May 2011, Northern Gateway had discussions with Nose Creek Settlement to discuss their interest in training for environmental monitoring programs.

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Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

In June 2011, Northern Gateway discussed relating to potential meeting dates for another technical meeting for the community. In early November 2011, a Nose Creek Settlement representative attended the Northern Gateway Business Summit in Edmonton, Alberta. Northern Gateway also met with the Nose Creek Settlement to provide a Project update and discuss the Project MOU, an update to the ATK study report and the Employment and Training Strategy. In December 2011, Northern Gateway met with the Nose Creek Settlement to discuss Northern Gateway's employment and training strategy and Nose Creek Settlement's interest in environmental monitoring. In January 2012, a meeting occurred at the request of Nose Creek to introduce Matrix Environmental Services' training to employment project. In March 2012, Northern Gateway met with the Nose Creek Settlement on two occasions to provide a Project update, provide Project materials relating to a pipeline skills development catalogue and to discuss Project-related matters. In June 2012, Northern Gateway contacted the Nose Creek Settlement and offered to meet to discuss Project-related matters. Northern Gateway also sent a letter requesting authorization and direction for use of the Nose Creek Settlement's ATK study report. The Nose Creek Settlement also participated in the Northern Gateway CAB meetings during April 2011 to May 2012. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Nose Creek Settlement informed about the Project by sending written notices and correspondence.

6.4.6

Métis Nation of Alberta Region 6 (Region VI Regional Council, Métis Nation of Alberta)

In May 2011, Northern Gateway and the Region VI Regional Council of the Métis Nation of Alberta (MNA Region 6) were in contact a few times to make meeting arrangements to discuss Project-related matters. In June 2011, Northern Gateway and the MNA Region 6 met for the purpose of Northern Gateway providing a Project Update to discuss the status of the MNA Region 6's ATK study. In September 2011, Northern Gateway and the MNA Region 6 were in contact a few times regarding Project-related matters. In the first instance, Northern Gateway sent a congratulatory letter to the newly elected President of the MNA Region 6. Subsequently, the newly elected President of the MNA Region 6 contacted Northern Gateway to express concerns regarding consultation with MNA Region 6, citing that the attendance of the MNA Region 6 at the CAB meetings should not be considered consultation. Northern Gateway responded and indicated that Northern Gateway is consulting with the MNA Region 6. The MNA Region 6 advised Northern Gateway to refrain from consulting with Grande Prairie Métis and Valleyview Métis. Northern Gateway explained the role of the CAB and indicated that all Aboriginal groups are welcome to voluntarily participate on the Board, including representatives from the Grande Prairie Métis and the Valleyview Métis locals. Northern Gateway and the MNA Region 6 also discussed

July 2012

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Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

matters related to the MNA Region 6's protocol agreement with Northern Gateway. Northern Gateway also explained that there are no set or pre-arranged meetings between Northern Gateway and MNA Region 6, but the parties could schedule meetings at the request of one of the parties. Northern Gateway also advised the MNA Region 6 that they had commenced an ATK study, but the study was not completed by the MNA Region 6. Northern Gateway recommended the parties meet to discuss matters related to Northern Gateway's engagement and consultation with MNA Region 6. In late September 2011, the MNA Region 6 contacted Northern Gateway to provide a form letter sent to the oil and gas industry advising of the election of the newly elected President of MNA Region 6 and advising industry of consultation in relation to the MNA Region 6. In October 2011, Northern Gateway met with the MNA Region 6 to provide a Project update to the newly elected President. In early November 2011, MNA Region 6 representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. Northern Gateway met with the MNA Region 6 to provide a Project update and to discuss the provisions of the draft Project MOU. The parties also discussed the status of the MNA Region 6 ATK study. The MNA Region 6, by letter, contacted Northern Gateway after the meeting regarding the draft MOU and raised some issues regarding the MOU and some possible solutions for consideration by Northern Gateway, as well as other issues and concerns related to the Project. In January 2012, Northern Gateway contacted the MNA Region 6 by letter to address the issues they raised surrounding the MOU. Northern Gateway also directed the MNA Region 6 to the applicable sections of the Project Application and Updates to find answers to inquiries the MNA Region 6 had posed regarding the Project. In February 2012, Northern Gateway contacted the MNA Region 6 regarding their ATK study and funding provided in relation to the study, as well to request the completion date of the study. Northern Gateway also responded to the MNA Region 6's request for funding of a Christmas newsletter. In March 2012, the Métis Nation of Alberta, through their legal counsel, contacted Northern Gateway to propose meeting logistics to discuss consultation issues and matters related to the AOA. The Métis Nation of Alberta also indicated that their organization includes the MNA Regions 4 and 6. In Addition, in March 2012, the MNA Region 6 attended the Métis Nation of Alberta and Métis Nation of British Columbia Economic Development Conference in Grande Prairie, Alberta. In April 2012, Northern Gateway extended an offer to the MNA Region 6 to complete a Project technical meeting to discuss issues, concerns and recommendations from their ATK study. Northern Gateway also offered to provide a watercourse crossing meeting and information surrounding the proposed Project, including construction, operations, maintenance, first response, Project mitigation measures, as well as any other issues identified during engagement with the MNA Region 6. Northern Gateway and the MNA Region 6 are currently in discussions relating to a technical meeting in June 2012. Also, during April, Northern Gateway confirmed a meeting with MNA legal counsel, which includes MNA Region 6, to discuss the AOA and other Project-related matters. Subsequently, a meeting took place between Northern Gateway and the MNA Region 6 to discuss the AOA and other Project-related matters. The meeting included the Métis Nation of Alberta and other Métis Nation of Alberta Regions.

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Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

In May 2012, Northern Gateway had discussions with the MNA Region 6 regarding their ATK study update and their request for more time to submit their ATK study report. Northern Gateway agreed to extend the date for the submission of the ATK study report to July 31, 2012. The MNA Region 6 also participated in the Northern Gateway CAB meetings during April 2011 to May 2012, and attended the CAB Conference in Richmond, British Columbia in June 2012. In addition to the engagement activities summarized above, Northern Gateway continued to keep the MNA Region 6 informed about the Project by sending written notices and correspondence.

6.4.7

Valleyview Métis Local #1929

Northern Gateway is currently engaging the Valleyview Métis Local #1929 through the MNA Region 6. Northern Gateway is willing to meet directly with the Valleyview Métis Local #1929 upon request. Northern Gateway continued to keep the Valleyview Métis Local #1929 informed about the Project by sending written notices and correspondence to the MNA Region 6 who distributes the information to the Métis Locals.

6.4.8

Grande Prairie Métis Local #1990

Northern Gateway is currently engaging the Grande Prairie Métis Local #1990 through the MNA Region 6. Northern Gateway is willing to meet directly with the Grande Prairie Métis Local #1990 upon request. Northern Gateway continued to keep the Grande Prairie Métis Local #1990 informed about the Project by sending written notices and correspondence to the MNA Region 6 who distributes the information to the Métis Locals.

6.4.9

East Prairie Métis Settlement

In April 2011, East Prairie Métis Settlement's legal counsel contacted Northern Gateway to request the funding that was originally offered to the East Prairie Métis Settlement by Northern Gateway in January 2010 to prepare an ATK study. In May 2011, Northern Gateway contacted the East Prairie Métis Settlement by letter to advise that Northern Gateway had withdrawn its offer to provide funds to the East Prairie Métis Settlement in September 2010 after Northern Gateway received no response from East Prairie Métis Settlement regarding the original offer or to phone inquiries regarding that offer. Northern Gateway included the September 2010 letter as an attachment. In July 2011, the East Prairie Métis Settlement contacted Northern Gateway's toll free number and left a message to inquire about the Project. Northern Gateway contacted the East Prairie Métis Settlement a few times to follow-up on the East Prairie Métis Settlement inquiries, but was unable to reach a representative from the Settlement. Northern Gateway left a message for the East Prairie Métis Settlement representative to return the call. The representative did not return the call to Northern Gateway.

July 2012

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Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

In May 2012, Northern Gateway sent a letter to the East Prairie Métis Settlement to re-offer funding to the Settlement to complete an ATK study. The East Prairie Métis Settlement responded to the letter and discussed meeting arrangements for the latter part of June 2012 in the East Prairie Métis Settlement community. Northern Gateway also provided copies of correspondence relating to the ATK study offer to the East Prairie Métis Settlement and confirmed their attendance at the June meeting. In June 2012, Northern Gateway met with the East Prairie Métis Settlement. Northern Gateway provided a Project overview and discussed past engagement activities, the CEAA funding process, the ATK study process, and how Northern Gateway would use the ATK study report. Northern Gateway offered to make a formal Project presentation prior to the East Prairie Métis Settlement commencing their ATK study. The East Prairie Métis Settlement accepted the offer for a formal Project presentation and provided information as to their reasons for not accepting the previous ATK study offer, citing timing of previous elections and reorganization of the new council. Northern Gateway provided copies (DVDs) of the Project Application and Updates to Volumes 5A and 5B. After the meeting, the East Prairie Métis Settlement contacted Northern Gateway to request additional ATK study information. Northern Gateway followed-up by sending ATK study work plan templates and JRP links where other ATK study reports could be reviewed by the Settlement.

6.5
6.5.1

Northeast British Columbia Region
Kelly Lake Cree Nation

In April 2011, the Kelly Lake Cree Nation contacted Northern Gateway to confirm the Nation's former representative no longer had the authority to represent the interest of the Nation and had no authority to cancel any agreements between the Nation and Northern Gateway. Northern Gateway contacted the Nation to confirm receipt of the Nation's ATK study report. In May 2011, Northern Gateway contacted the Kelly Lake Cree Nation regarding the ATK study report and use of the information by Northern Gateway. Northern Gateway outlined the approach to address issues and concerns raised by the Nation in the ATK study, including the scheduling of a Project technical meeting with the Nation in the near future to address the issues and concerns raised by the Nation in their ATK study. In June 2011, Northern Gateway contacted a member of the Kelly Lake Cree Nation to confirm that Northern Gateway consults and engages with authorized representatives of the Nation regarding the proposed Project and does not become involved in the Nation's political matters involving other Aboriginal groups in the Kelly Lake area. The Kelly Lake Cree Nation contacted Northern Gateway to inquire about the upcoming CAB meeting in Vancouver and the parties also discussed the scheduling of a Project technical meeting to address the issues and concerns raised by the Nation in their ATK study. Northern Gateway was contacted by a consultant working for the Kelly Lake Cree Nation to gather information relating to the Project and Northern Gateway advised that the company is committed to engaging directly with the leadership of the Kelly Lake Cree Nation or its authorized representative. Northern Gateway contacted the Kelly Lake Cree Nation to arrange for a meeting in July to discuss the Aboriginal Economic Benefits Package and to schedule a Project technical meeting with the Nation.

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Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

In August 2011, Northern Gateway contacted the Kelly Lake Cree Nation to arrange to discuss the Aboriginal Economic Benefits Package, including matters related to equity. In response, the Nation requested a meeting with the President of Northern Gateway. In addition, a member of the Nation contacted Northern Gateway to advise that he was hired as a consultant to represent his trap line interests in the event the Project receives regulatory approval. Northern Gateway sent the member a copy of the trappers "June 2011 Northern Gateway Project Trappers Presentation" prepared by Northern Gateway. In September 2011, Northern Gateway and the Kelly Lake Cree Nation met to discuss trap line matters and to discuss next steps the parties will carry out regarding the issue. In October 2011, the Kelly Lake Cree Nation contacted Northern Gateway to schedule a meeting to discuss Project-related matters. In early November 2011, Kelly Lake Cree Nation representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. Northern Gateway and Nation also met to discuss the AOA. Northern Gateway also contacted the Nation to schedule a Project technical meeting with the Nation. The Nation advised Northern Gateway that they were hosting a community meeting and it would not be appropriate to hold a Project technical meeting at the community meeting. The Nation invited Northern Gateway to attend the community meeting and Northern Gateway accepted the invitation. In December 2011, Northern Gateway attended the Kelly Lake Cree Nation community winter gathering. Northern Gateway provided a Project update and discussed matters surrounding equity. The Nation contacted Northern Gateway by letter to make inquiries about the AOA, including, among other things, Northern Gateway's rationale for offering eligible Aboriginal groups equity in the proposed Project, subscription of units and Project opportunities. In February 2011, Northern Gateway contacted the Kelly Lake Cree Nation by letter to respond to the inquiries posed by the Nation in December 2011 surrounding the provisions of the proposed AOA. In March 2012, Northern Gateway, in response to a request by the Kelly Lake Cree Nation, provided the Nation with a copy of the June 2011 Northern Gateway Project Trappers Presentation. In May 2012, Northern Gateway and the Kelly Lake Cree Nation met on two occasions. On the first occasion, Northern Gateway completed a technical and watercourse meeting to address issues and concerns raised in the Nation's ATK study, and to address issues and concerns raised during engagement with the Nation. During the technical and watercourse meeting, Northern Gateway addressed the following issues: trappers interests and compensation, equity participation, economic opportunities, effects of the Project on, conservation and reclamation, access management, pipeline monitoring, noise from construction, effects on wildlife, response to incidents, accidents and malfunctions, oil spills response plans, atmospheric environment and air quality, water quality, effects on freshwater fish and aquatic habitat, vegetation, wildlife, archaeological resources, human health, socio-economic effects, cumulative effects, decommissioning, construction monitoring and follow-up. The Kelly Lake Cree Nation did not want to address issues and concerns in the technical and watercourse crossing meeting that had been previously noted in Attachment JRP IR 5.9 (A2E7Q2) or previous issues and concerns raised during Northern Gateway's engagement with the Nation. On the second occasion, the parties met to discuss matters related to AOA and potential business opportunities arising from the Project.

July 2012

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Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

Additionally, in May 2012, Northern Gateway was in contact with the Nation on several occasions to discuss Project-related opportunities. In June 2012, Northern Gateway was in contact with the Kelly Lake Cree Nation several times to discuss the Project LOI and meeting dates to follow-up on Project benefits discussions. Northern Gateway also sent a letter requesting authorization and direction for the use of the Nation's ATK study report. The Nation responded indicating they would provide a formal response and direction to Northern Gateway. The Kelly Lake Cree Nation also participated in the Northern Gateway CAB meetings during April 2011 to May 2012. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Kelly Lake Cree Nation informed about the Project by sending written notices and correspondence.

6.5.2

Kelly Lake First Nation

In June 2011, Northern Gateway met with the Kelly Lake First Nation to complete a technical meeting to discuss the Nation's ATK study report, however, due to lack of attendance the technical meeting is to be rescheduled to a later date. In early November 2011, a Kelly Lake First Nation representative attended the Northern Gateway Business Summit in Edmonton, Alberta. Northern Gateway also met with the Kelly Lake First Nation to discuss Project opportunities and the Project MOU. In December 2011, Northern Gateway met with the Kelly Lake First Nation to discuss Project-related matters. In May 2012, Northern Gateway met with the Kelly Lake First Nation to discuss matters relating to Project opportunities. In June 2012, Northern Gateway sent a letter to the Kelly Lake First Nation to request authorization and direction for use of the Nation's ATK study report. The Kelly Lake First Nation also participated in the Northern Gateway CAB meetings during April 2011 to May 2012. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Kelly Lake First Nation informed about the Project by sending written notices and correspondence.

6.5.3

Kelly Lake Métis Settlement Society

In May 2011, the Kelly Lake Métis Settlement Society contacted Northern Gateway to inquire about the consultation activities between the Kelly Lake Métis Settlement Society and Northern Gateway. The Kelly Lake Métis Settlement Society also raised Project-related concerns, in particular, the concerns related to trap lines. Northern Gateway subsequently contacted the Kelly Lake Métis Settlement Society to provide an overview of Northern Gateway's consultation activities with Aboriginal groups located in Alberta and British Columbia. Northern Gateway also provided an explanation of Northern Gateway's technical meetings that involve a presentation on trappers and trap lines in relation to the Project.

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Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

In July 2011, Northern Gateway contacted the Kelly Lake Métis Settlement Society to confirm the mailing address of the organization, as Northern Gateway was receiving return mail that was addressed to the Society. In August 2011, Northern Gateway contacted the Kelly Lake Métis Settlement Society a few times to inquire about the Society's review of the Project MOU, to schedule a meeting to further discuss the MOU and to provide information regarding the JRP hearings. In September 2011, Northern Gateway contacted Kelly Lake Métis Settlement Society to provide an update regarding the status of the AOA and to confirm that Northern Gateway would follow-up with the Kelly Lake Métis Settlement Society's designated legal representative regarding the AOA. In November 2011, Northern Gateway was in contact with the Kelly Lake Métis Settlement Society a few times regarding the AOA. On the first occasion, Northern Gateway contacted Kelly Lake Métis Settlement Society, through its legal counsel, to provide a copy of the AOA for consideration by the Society. The Society requested clarification from Northern Gateway on some provisions in the AOA. Northern Gateway also provided the Kelly Lake Métis Settlement Society with contact information for Northern Gateway's legal counsel where inquiries surrounding the AOA could be directed for clarification. In addition, legal counsel for both Northern Gateway's and Kelly Lake Métis Settlement Society were in contact to discuss the AOA. In December 2011, Northern Gateway was in contact with the Kelly Lake Métis Settlement Society to discuss the AOA. In addition, legal counsel for both Northern Gateway's and Kelly Lake Métis Settlement Society were in contact to discuss the AOA. On March 7, 2012, Northern Gateway and the Kelly Lake Métis Settlement Society were in contact on one occasion to make meeting arrangements to discuss Project-related matters. Kelly Lake Métis Settlement Society could not confirm meeting arrangements at that time. In April 2012, Northern Gateway contacted the Kelly Lake Métis Settlement Society to offer a Project technical and watercourse crossing meeting. Although, Kelly Lake Métis Settlement Society did not respond to the offer for a Project technical and watercourse crossing meeting, Northern Gateway remains committed to offering another technical meeting to the Kelly Lake Métis Settlement Society. In June 2012, Northern Gateway sent a letter to the Kelly Lake Métis Settlement Society to request authorization and direction for use of the update to the Society's ATK study report. In addition to the engagement activities summarized above, Northern Gateway continued to keep the Kelly Lake Métis Settlement Society informed about the Project by sending written notices and correspondence.

6.5.4

Treaty 8 Tribal Association

In October 2011, Northern Gateway wrote to the Treaty 8 Tribal Association confirming that capacity funding had already been provided to the Treaty 8 Tribal Association for the purposes of negotiating a traditional land use study, and that Northern Gateway consequently looked forward to receiving the Treaty 8 Tribal Association's work plan and budget relating to the undertaking of the traditional land use study. Northern Gateway proposed a meeting to discuss the Treaty 8 Tribal Association's interest in

July 2012

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Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

proceeding with the traditional land use study, however, did not receive a response to this request. Northern Gateway followed-up with a letter to the Treaty 8 Tribal Association in November 2011, seeking an answer to the Treaty 8 Tribal Association's interest in undertaking the proposed traditional land use study. The Treaty 8 Tribal Association has yet to reply to Northern Gateway's repeated requests for clarification regarding its interest in undertaking a traditional land use study. Northern Gateway continues to notify the Treaty 8 Tribal Association of updates and supplementary information filed with the JRP relating to the Project's regulatory Application. 6.5.4.1 Saulteau First Nations

In August 2011, Northern Gateway provided a copy of the AOA to the Saulteau First Nations. Northern Gateway subsequently made several attempts to meet and engage with the Saulteau First Nations to discuss the AOA and other Project-related matters. In November 2011, Northern Gateway met with the Saulteau First Nations' lands manager. The meeting was also attended by Northern Gateway technical specialists, including employment, training and business opportunities technicians. At this meeting, a broad array of Project-related topics were discussed including the AOA, employment, training and procurement opportunities, and potential green energy development initiatives within Saulteau First Nations traditional territory. In December 2011, Northern Gateway attended a meeting with Chief and Council of the Saulteau First Nations to provide a Project update and discuss the Saulteau First Nations' interest in executing the AOA, as well as business opportunities relating to green energy production and joint venture opportunities. At this meeting, Northern Gateway offered to fund an ATK study to be undertaken within the Saulteau First Nations traditional territory. In January 2012, Northern Gateway made a presentation at a community meeting that provided a comprehensive overview of the Project, and discussed a broad array of Project details and economic benefits. A lengthy question and answer period followed the presentation, wherein Northern Gateway confirmed its commitment to funding a Saulteau First Nations-specific ATK study. In February 2012, Northern Gateway attended the Southern Mountain Cariboo Workshop held at the Saulteau First Nations community which brought focus on the Saulteau First Nations' interest in addressing the dwindling caribou populations in North Eastern BC. Northern Gateway participated in solutions-oriented break-out sessions following the workshop panelist presentations. In March 2012, Northern Gateway received a request from a Saulteau First Nations representative for assistance in providing high quality maps depicting the location of the proposed Project pipelines in relation to Saulteau First Nations traditional territory. The Project provided several large maps, as requested, to assist the Saulteau First Nations to determine the proximity of the proposed RoW relative to their traditional territory. In April 2012, Northern Gateway arranged a helicopter fly-over of the proposed RoW through the whole of the Saulteau First Nations traditional territory. The fly-over was attended by an Elder, two Saulteau First Nations' environmental technicians and the Saulteau First Nations' lands manager. The fly-over was hosted by a Project engineer and Director of Aboriginal Relations. The fly-over allowed the Saulteau First

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Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

Nations Chief and Council to get a birds-eye view of the proposed RoW, including major watercourse crossings and significant tributaries. The fly-over also allowed the Saulteau First Nations representatives to capture video footage of the waterways and vegetation in proximity to the proposed RoW. Northern Gateway provided additional mapping and information on construction camp policies and practices following the fly-over. In April 2012 and May 2012, Northern Gateway attended two meetings with the Saulteau First Nations in their community to present Project information and respond to questions. In particular, Northern Gateway responded to a number of questions relating to earthquakes, the corrosiveness of bitumen, caribou migration and grizzly bear migration. In June 2012, Northern Gateway wrote to the Saulteau First Nations advising that further to its substantive engagement with various representative of the Saulteau First Nations over the course of the past many months, Northern Gateway asked what additional engagement, if any, the Saulteau First Nations was interested in undertaking with Northern Gateway, and offered to make itself available to meet with the Saulteau First Nations in July 2012. In addition to the engagement activities summarized above, Northern Gateway continues to notify the Saulteau First Nations of updates and supplementary information filed with the JRP relating to the Project's regulatory application. 6.5.4.2 West Moberly First Nations

In July 2011, Northern Gateway attended the 25th Annual West Moberly Days, which is an annual summer festival focused on West Moberly First Nation culture. Northern Gateway attended the event to gain better insight into West Moberly First Nation culture and practices, with a view to customizing its approach to consultation with the West Moberly First Nations. Subsequent to the event, Northern Gateway met with West Moberly First Nations leadership, where the West Moberly First Nations expressed their strong interest in discussing Project-related economic development opportunities. In particular, the West Moberly First Nations spoke about a large camp-catering services provider which they have joint ventured with, and with whom they would like to maximize camp catering services related opportunities arising from the Project. In August 2011, Northern Gateway provided a copy of the AOA to the West Moberly First Nations which was discussed at length at a meeting in September 2011 with Chief and Council. At this meeting, Project representatives provided a comprehensive Project update, an overview of the signed LOI executed by the parties setting out a framework for employment, training, and procurement related discussions to occur, as well as the West Moberly First Nations' potential interest in executing the AOA. Detailed discussions relating to questions arising from the content of the AOA also took place at the meeting. In early November 2011, a West Moberly First Nations representative attended the Northern Gateway Business Summit in Edmonton, Alberta. During the Business Summit, Northern Gateway met with the West Moberly First Nations Chief and Council to discuss their interest in executing the AOA, as well as the proposed location of a pump station on West Moberly First Nations lands which would increase revenue potentially arising to the West Moberly First Nations from the Project.

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In April 2012, Northern Gateway met with the West Moberly First Nations Chief and Council to provide an update on the Project and to discuss the status of West Moberly First Nations' community ratification process in regards to the AOA. The West Moberly First Nations' community ratification process is undertaken with respect to all significant agreements considered by the West Moberly First Nations' Chief and Council, and is a rigorous and time consuming, referendum-like process, aimed at ensuring there is substantive grass-roots family support to provide the West Moberly First Nations with a mandate to enter into such agreements. The unfolding of the community ratification process, on its face, is neither an indication of support or opposition for the contemplated agreement, but rather, adherence to a political checks-and-balances requirement relating to leadership decision making. At this meeting, the West Moberly First Nations confirmed that a ratification vote exercise relating to the endorsement of the execution of the AOA was well underway and that the results from such ratification would soon be known to the West Moberly First Nations community. Also, in April 2012, Northern Gateway attended a community meeting with the West Moberly First Nations membership to provide a comprehensive overview of the Project followed by a detailed discussion around significant pump station revenue potentially available to the West Moberly First Nations should they execute the AOA and provide lands for its location in the Tumbler Ridge area of British Columbia. At the meeting, Northern Gateway also discussed the AOA, its potential income stream and structure, green energy development opportunities, as well as the likelihood of the West Moberly First Nations signing the AOA. In May 2012, Northern Gateway, at the request of the West Moberly First Nations, sent a letter to John Duncan, Minister of Aboriginal Affairs and Northern Development, requesting a timely resolution to the West Moberly First Nations' TLE negotiations. One of the purposes of this request is to advance the West Moberly First Nations' TLE selection process for the purpose of assisting the West Moberly First Nation to benefit from business opportunities arising from TLE chosen lands, including the Tumbler Ridge pump station revenue opportunity. In addition to the engagement activities summarized above, Northern Gateway continues to notify the West Moberly First Nations of updates and supplementary information filed with the JRP relating to the Project's regulatory application.

6.6
6.6.1

Central British Columbia Region
McLeod Lake (McLeod Lake Indian Band)

In August 2011, Northern Gateway provided a copy of the AOA to the McLeod Lake Indian Band, which was discussed at length at a meeting in February 2012. Also, in August 2011, Northern Gateway provided funding in support of the McLeod Lake Indian Band's Annual General Assembly. In early November 2011, a McLeod Lake Indian Band representative attended the Northern Gateway Business Summit. In February 2012, Northern Gateway met with the Chief and Council of the McLeod Lake Indian Band to discuss the following items: the AOA, the proposed Bear Lake pump station (to be located on McLeod Lake Indian Band traditional territory), green energy and other economic development opportunities,

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including ongoing work by Summit Pipeline Services Ltd. (which is owned by the McLeod Lake Indian Band) for Enbridge Inc. Currently, Summit Pipeline Services Ltd. attends to substantive pipeline integrity dig work for Enbridge Inc. in the province of Manitoba, and is, as a result, acquiring significant work experience in this area of the oil and gas industry. Through its relationship with Enbridge Inc., Summit Pipeline Services Ltd. is poised to be awarded approximately $20,000,000 worth of work on Enbridge Inc.'s existing oil and gas transmission system in 2012. In March 2012, there was substantive correspondence between Northern Gateway and the Chief of the McLeod Lake Indian Band regarding technical aspects of the AOA including, but not limited to, limited partnership unit valuation and ancillary questions. Also, in March 2012, Northern Gateway attended three McLeod Lake Indian Band community meetings in each of Vancouver, Prince George, and the McLeod Lake Indian Band community. At these meetings Northern Gateway provided a comprehensive overview of the Project, and discussed a broad array of Project opportunities including economic development, employment and training, and procurement related opportunities arising from the Project. There was a lengthy question and answer period which followed each of the Project presentations. A number of the questions related to engineering and environment which were answered by Project technicians equipped with the requisite knowledge and experience to answer such questions. One of the overarching purposes of attending these community meetings (as well as the many other community meetings previously attended), was for Northern Gateway to hear directly from the McLeod Lake Indian Band community membership and leadership about interests and concerns specific to the McLeod Lake Indian Band, as Northern Gateway recognizes that these vary significantly among Aboriginal communities, and that communities can not be lumped into a "one-size-fits-all" approach to consultation. The quality and quantity of information presented to the McLeod Lake Indian Band, and the complex and in many instances researched questions posed by the McLeod Lake Indian Band membership and leadership at the meetings, provided an excellent opportunity for meaningful engagement. In May 2012, Northern Gateway sent four members of the McLeod Lake Indian Band (including members of Chief and Council) on a tour of the Oil Sands Interpretive Centre in Fort McMurray. The tour was organized by a representative of Enbridge Inc., and provided substantial insight into oil sands production and transportation, further adding to Northern Gateway's cumulative efforts to engage the McLeod Lake Indian Band in a meaningful way. A subsequent meeting between the McLeod Lake Indian Band and Northern Gateway executives was in Vancouver the following day. The purpose of this subsequent meeting was to provide additional assurances to the McLeod Lake Indian Band in respect of employment, training, and procurement opportunities which would be available to the McLeod Lake Indian Band following Project approval. Pursuant to the McLeod Lake Indian Band's request, Northern Gateway took steps to ensure Enbridge Inc.'s second most senior executive was present at the meeting. During the course of this meeting, a good deal of substantive and meaningful negotiation around a unique and specific opportunities package designed for the McLeod Lake Indian Band occurred between the parties. A follow-up letter was sent confirming the discussion which took place at the meeting and next steps. Further to the above, in May 2012, Northern Gateway met briefly with Chief and Council to discuss the AOA. In June 2012, Northern Gateway received a letter from the McLeod Lake Indian Band advising that they oppose the Project. Northern Gateway was disappointed to receive this letter given the substantive and

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meaningful consultation which took place with the McLeod Lake Indian Band over the course of many prior months, and what Northern Gateway perceived to be the McLeod Lake Indian Band leadership's genuine ongoing interest in learning more about the Project. However, Northern Gateway was not surprised to receive the letter in light of some limited but intense McLeod Lake Indian Band community opposition to commercial development of McLeod Lake Indian Band traditional territory. A few days prior to the Project's receipt of the letter this had culminated in the arrest of protesters who had shut down the McLeod Lake Indian Band office to protest commercial development of McLeod Lake Indian Band traditional territory (among other matters). The Mcleod Lake Indian Band also requested that the Bear Lake pump station and pipelines be relocated back off of the Sas Mighe No. 32 Indian Reserve, as described in the Application Update, January 2012, Volume 3, Section 2.6. This relocation of the pump station and pipelines back to the off-reserve locations included in the Application, May 2010, will be adopted and included in the next pipeline route revision. Northern Gateway will continue to keep the McLeod Lake Indian Band apprised of Project-related information and is always open to continuing to engage with the McLeod Lake Indian Band in Project dialogue, to the extent that the McLeod Lake Indian Band is reciprocally interested and willing.

6.6.2

Lheidli T'enneh First Nation (Lheidli T'enneh Band)

In September 2011, Northern Gateway met with the Lheidli T'enneh First Nation and provided a copy of the AOA, which was discussed at length. Project representatives also discussed a suite of potential economic development opportunities potentially flowing from the Project including employment and training opportunities, green energy development, and joint ventures. Also, in September 2011, Northern Gateway met with the Lheidli T'enneh First Nation to provide a comprehensive Project update and discuss the Lheidli T'enneh First Nation's interest in executing the AOA. In early November 2011, Lheidli T'enneh First Nation representatives attended the Northern Gateway Business Summit. At the Business Summit, they met with a Project representative who reviewed the content of the AOA and answered questions arising from the review. In November 2011, Northern Gateway met with Lheidli T'enneh First Nation's legal counsel to discuss and review the AOA, a Sustainable Benefits Agreement which had been drafted following months of discussions by the parties, as well as potential economic development opportunities which will arise from the Project. The Lheidli T'enneh First Nation's legal counsel was provided detailed answers to his questions at the meeting, including matters such as valuation, insurance, and potential risk exposure, and follow-up answers to those technical questions which could not be answered at the meeting were provided by written correspondence shortly thereafter. In December 2011, Northern Gateway met with the Lheidli T'enneh First Nation to further discuss the Lheidli T'enneh First Nation's potential interest in executing the AOA prior to the early sign up date of December 15, 2011. Matters relating to employment and training opportunities, green energy development, joint ventures, and sole-sourcing contract opportunities were discussed at length. In March 2012, Northern Gateway met with the Lheidli T'enneh First Nation to provide an update on the Project and to discuss the AOA and the Sustainable Benefits Agreement, the latter of which provided capacity funding for the Lheidli T'enneh First Nation to meet with Project representatives on a regular

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basis to discuss business development opportunities contemplated during prior discussions, including green energy development, joint ventures, highway storage yards, and sole-sourcing contract opportunities. In April 2012, Northern Gateway attended a meeting with the Lheidli T'enneh First Nation to discuss interest in potential employment and training related opportunities that would arise from the Project. The Lheidli T'enneh First Nation's employment and training technicians and Northern Gateway's employment and training technicians agreed to meet on a regular basis moving forward. In May 2012, the Lheidli T'enneh First Nation attended a regional information session hosted by Northern Gateway specific to the federal Skills and Partnership Fund. Discussion was focused on the opportunity for a regional submission focused on trades training to employment. The Lheidli T'enneh First Nation decided not to proceed with the regional submission; however they agreed to further conversations about the submission should it be successful. In May 2012, Northern Gateway sponsored scholarships for two community members to attend the "Revitalizing Nationhood: Aboriginal Strategic Planning" course at the Banff Center. Also, in May 2012, representatives of the Lheidli T'enneh First Nation met with Northern Gateway to continue discussions relating to the Sustainable Benefits Agreement, and business opportunities of interest to the Lheidli T'enneh First Nation. In addition to the engagement activities summarized above, Northern Gateway continues to notify the Lheidli T'enneh First Nation of updates and supplementary information filed with the JRP relating to the Project's regulatory application.

6.6.3

Carrier-Sekani Tribal Council

Northern Gateway will continue to keep the Carrier-Sekani Tribal Council apprised of Project-related information and is always open to continuing to engage with the Carrier-Sekani Tribal Council in Project dialogue, to the extent that the Carrier-Sekani Tribal Council is reciprocally interested and willing. 6.6.3.1 Saik'uz First Nation

In May 2011 and May 2012, representatives of the Saik'uz First Nation attended Enbridge's Annual General Meetings (AGMs) in Calgary and Toronto respectively. While in attendance at both AGMs, Chief Jackie Thomas of the Saik'uz First Nation extended an offer for Enbridge Inc.'s CEO Pat Daniel to attend a meeting at the Saik'uz First Nation reserve. Mr. Daniel accepted the invitation both verbally and in writing and representatives of Northern Gateway continue to write letters to Chief Jackie Thomas inquiring about a suitable date for Mr. Daniel to meet with the Saik'uz First Nation. To date, Chief Jackie Thomas has not responded. Northern Gateway will continue to keep the Saik'uz First Nation apprised of Project-related information and is always open to continuing to engage with the Saik'uz First Nation in Project dialogue, to the extent that the Saik'uz First Nation is reciprocally interested and willing.

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6.6.3.2

Nak'azdli Band

In May 2011 and May 2012, representatives of the Nak'azdli Band attended Enbridge Inc.'s AGMs in Calgary and Toronto respectively. While in attendance at both AGMs, representatives of the Nak'azdli Band extended an offer for Enbridge Inc.'s CEO Pat Daniel to attend a meeting at the Nak'azdli Band reserve. Mr. Daniel accepted the invitation both verbally and in writing and representatives of Northern Gateway continue to write letters to Chief Fred Sam inquiring about a suitable date for Mr. Daniel to meet with the Nak'azdli Band. To date, Chief Fred Sam has not responded. In May 2012, Northern Gateway sent a letter to the Nak'azdli Band to request a meeting with the Nak'azdli Band Chief and Council to discuss interests and concerns raised by Keyoh Holders located within Nak'azdli Band traditional territory during the course of the JRP session in Fort St. James on February 2, 2012. To date, Northern Gateway has not received a response to the meeting request. Northern Gateway will continue to keep the Nak'azdli Band apprised of Project-related information and is always open to continuing to engage with the Nak'azdli Band in Project dialogue, to the extent that the Nak'azdli Band is reciprocally interested and willing. 6.6.3.3 Tl'azt'en Nation

In June 2011, Northern Gateway representatives worked with the Burns Lake Aboriginal communities and the Tl'azt'en Nation to establish the Burns Lake Working Group (Working Group) for the regions of Fort St. James and Burns Lake, British Columbia. The purpose of the Working Group is to develop strategies to maximize Aboriginal communities' and their members' participation in business, economic and social opportunities relating to the development, construction and operation of the Project. The Tl'azt'en Nation is a member of the Working Group. Tl'azt'en Nation representatives have attended many of the regularly scheduled Working Group meetings that have occurred on a monthly basis since June 2011. Northern Gateway is also assisting the Working Group on funding applications to the federal and provincial governments for training-to-employment programs. In July 2011, Northern Gateway provided the Tl'azt'en Nation with information relating to their requested participation in the Northern Gateway Business Summit and the Northern Gateway Aboriginal Communities tour of the Athabasca oil sands. In September 2011, Northern Gateway met with the Tl'azt'en Nation Chief and Council to discuss Project opportunities, including the AOA and other economic development opportunities. Tl'azt'en Nation representatives also indicated that the band is very interested in accessing contracting opportunities through their joint venture partner, EnviroProCanada. In October 2011, Northern Gateway participated in a community meeting with the Tl'azt'en Nation Chief and Council, representatives of the Tl'azt'en Nation Elders' Society, and Tl'azt'en Nation Keyoh Holders to discuss Project employment, business, and economic opportunities. Discussions also included the future development and completion of the Tl'azt'en Nation's ATK study. In October 2011, Northern Gateway representatives met with representatives from the Tl'azt'en Nation joint venture partner, EnviroProCanada, to discuss possible opportunities for environmental contracts through the Project.

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In early November 2011, Tl'azt'en Nation Chief and Council members and their staff members participated in the Northern Gateway Business Summit in Edmonton, Alberta, and the Northern Gateway Aboriginal Communities tour of the Athabasca oil sands. In January 2012, Northern Gateway met with Tl'azt'en Nation representatives to discuss the AOA, environmental contracting opportunities and training opportunities. Pursuant to this discussion, Chief and Council appointed one of their members as the principal liaison to the Project. In February 2012, Northern Gateway forwarded Project information packages to the Tl'azt'en Nation for a Tl'azt'en Nation community youth meeting for the purpose of discussing Project employment and business opportunities, including the AOA. Northern Gateway was advised by the Tl'azt'en Nation that the meeting was very well received, and their community youth members were interested in meeting again to discuss Project opportunities. In February 2012, Northern Gateway met with the Tl'azt'en Nation Chief and Council to discuss the Northern Gateway AOA and other Project opportunities including potential joint venture opportunities. Following this discussion, the parties agreed to schedule two follow–up community meetings in March and April 2012. In March 2012, Northern Gateway participated in a Tl'azt'en Nation community meeting which focused discussions on Project training and employment opportunities. Discussions also focused on economic opportunities available to community members through the AOA. Community member participants included Keyoh Holders and Elders. At the conclusion of the meeting, the Keyoh Holders and Elders recommended that Chief and Council proceed with the signing of the AOA. In April 2012, Northern Gateway participated in a Tl'azt'en Nation community meeting scheduled specifically to discuss Project training and employment opportunities. Discussions also included economic opportunities available to community members through the AOA. Community member participants included Elders and youth. In May 2012, Northern Gateway met with the Tl'azt'en Nation Chief and Council to discuss the AOA and other Project economic opportunities. The parties also reviewed a sustainable benefits agreement, which would convey long term benefit to the community should the Project proceed. In addition to the engagement activities summarized above, Northern Gateway will continue to keep the Tl'azt'en Nation informed about the Project by sending written notices and correspondence. 6.6.3.4 Takla Lake First Nation

The Takla Lake First Nation has not been actively engaged in discussions or communications with Northern Gateway. Northern Gateway will continue to keep the Takla Lake First Nation apprised of Project-related information and is always open to continuing to engage with the Takla Lake First Nation in Project dialogue, to the extent that the Takla Lake First Nation is reciprocally interested and willing. 6.6.3.5 Nadleh Whut'en First Nation

The Nadleh Whut'en First Nation has not been actively engaged in discussions or communications with Northern Gateway. Northern Gateway will continue to keep the Nadleh Whut'en First Nation apprised of

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Project-related information and is always open to continuing to engage with the Nadleh Whut'en First Nation in Project dialogue, to the extent that the Nadleh Whut'en First Nation is reciprocally interested and willing. 6.6.3.6 Stellat'en First Nation

The Stellat'en First Nation has not been actively engaged in discussions or communications with Northern Gateway. In June 2012, Northern Gateway attended at the Stellat'en First Nation band office and met with high ranking representatives of the Stellat'en First Nation. Discussions focused on the Stellat'en First Nation's interest in potentially participating in general training and employment opportunities in their traditional territory. In June 2012, Northern Gateway sent a letter to the Stellat'en First Nation confirming the prior meeting between Northern Gateway and the Stellat'en First Nation, and inquiring if any members of the Stellat'en First Nation community would be interested in meeting with Northern Gateway representatives to discuss training and employment opportunities available within Stellat'en First Nation traditional territory. Northern Gateway will continue to keep the Stellat'en First Nation apprised of Project-related information and is always open to continuing to engage with the Stellat'en First Nation in Project dialogue, to the extent that the Stellat'en First Nation is reciprocally interested and willing. 6.6.3.7 Burns Lake Band (Ts'il Kaz Koh First Nation)

In June 2011, Northern Gateway established the Burns Lake Aboriginal Communities Working Group (Working Group) for the regions of Fort St. James and Burns Lake, British Columbia. The purpose of the Working Group is to develop strategies to maximize Aboriginal communities and their members' participation in business, economic and social opportunities relating to the development, construction and operation of the Project. Burns Lake Band is a member of the Working Group, and has been participating, on a regular basis, in the Working Group's monthly meetings. Northern Gateway is also assisting the Working Group member First Nations with the development of training to employment programs. In early November 2011, Burns Lake Band representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. In May 2012, the community sent representatives to two regional Skills and Partnership fund meetings hosted by Northern Gateway in Prince George and Burns Lake, BC. The meetings were focused on preparing an application for consideration by Human Resources and Skills Development Canada (HRSDC) for funding of a regional trades training to employment project for 200 aboriginal students. The application was submitted on May 17, 2012. The Burns Lake Band has been provided with updates and notices relating to the Project on a regular basis. Northern Gateway has also participated in meetings with the Burns Lake Band to discuss training to employment opportunities, and to provide any information they require regarding Project benefits and interests and concerns that are important to their community.

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In addition to the engagement activities summarized above, Northern Gateway continues to notify the Burns Lake Band of updates and supplementary information filed with the JRP relating to the Project's regulatory application. 6.6.3.8 Wet'suwet'en First Nation

The Wet'suwet'en First Nation has not been actively engaged in discussions or communications with Northern Gateway. In June 2012, Northern Gateway wrote to the Wet'suwet'en First Nation advising that Northern Gateway had not received acknowledgement of receipt or a response from the Wet'suwet'en First Nation in connection with Northern Gateway's most recent letter correspondence. Northern Gateway confirmed in its June 2012 letter that should the Wet'suwet'en First Nation have an interest in engaging Northern Gateway in Project-related dialogue, Northern Gateway would welcome such opportunity. Northern Gateway will continue to keep the Wet'suwet'en First Nation apprised of Project-related information and is always open to continuing to engage with the Wet'suwet'en First Nation in Project dialogue, to the extent that the Wet'suwet'en First Nation is reciprocally interested and willing.

6.6.4

Yekooche (Yekooche First Nation)

In August 2011, Northern Gateway provided a copy of the AOA to the Yekooche First Nation. Between August and December 2011, there were a number of conversations between Northern Gateway representatives and the Yekooche First Nation Chief and Council relating to the content of the AOA. In December 2011, the Yekooche First Nation contacted Northern Gateway with a detailed series of questions regarding the AOA and the Project. Northern Gateway responded and answered the questions in a timely manner with a view to assisting the Yekooche First Nation in attending to its due diligence. In December 2011, the Yekooche First Nation Chief and Council met with representatives of Northern Gateway to discuss the content of the AOA. The Yekooche First Nation Chief and Council advised that they would attend a community meeting to further discuss and deliberate on the content of the AOA. In March 2012, Northern Gateway met with the Yekooche First Nation Chief and Council to discuss employment, training, procurement, and other economic development opportunities potentially available to the Yekooche First Nation. Northern Gateway was advised by the Yekooche First Nation that they have an interest in continuing discussions relating to such opportunities. In April 2012, as a follow-up to the March 2012 meeting, Northern Gateway sent a letter to the Yekooche First Nation summarizing the meeting and the agreed proposed next steps relating to employment, training, procurement, and other economic development opportunities associated with the Project. In June 2012, Northern Gateway sent an additional follow-up letter to the Yekooche First Nation Chief and Council, inquiring whether there was interest in setting up a meeting in July 2012 to allow the parties to continue their most recent Projectrelated dialogue. In addition to the engagement activities summarized above, Northern Gateway continues to notify the Yekooche First Nation of updates and supplementary information filed with the JRP relating to the Project's regulatory application.

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6.6.5

Lake Babine Nation

In June 2011, Northern Gateway established the Burns Lake Aboriginal Communities Working Group (Working Group) for the regions of Fort St. James and Burns Lake, British Columbia. The purpose of the Working Group is to develop strategies to maximize Aboriginal communities and their members' participation in business, economic, and social opportunities relating to the development, construction, and operation of the Project. Lake Babine Nation is a member of the Working Group, and as such, has attended many of the regularly scheduled Working Group meetings. Northern Gateway is assisting the Working Group on funding applications to the federal and provincial governments for training-toemployment programs. In May 2012, the six member nations of the Working Group formally established a non-profit society called the Burns Lake Training-To-Employment Society. In early November 2011, Lake Babine Nation representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. Also in November 2011, Northern Gateway sponsored an Athabasca oil sands tour of Suncor's mining and extraction operations in Fort McMurray, Alberta for members of the Lake Babine Nation. The purpose of the tour was for members of the Lake Babine Nation to gain a better understanding of oil-sands production, transportation processes, and safety measures in the Athabasca Region, and how these apply to the oil and gas industry as a whole. Northern Gateway met with the Lake Babine Nation Chief and Council in November 2011, to provide an overview and summary of the current regulatory process relating to the Project application, as well as to discuss construction and economic development opportunities related to the Project and the AOA. Following the meeting, there was substantial correspondence between Northern Gateway and the Lake Babine Nation regarding the AOA, including a request to enter into a negotiation and protocol agreement as a precursor to engaging in salient discussions about the AOA. In January 2012, senior Project representatives met with Lake Babine Nation Chief and Council to further discuss the AOA offering and related benefits associated with it. Following this meeting, Northern Gateway sent the Lake Babine Nation written correspondence which proposed that in lieu of the negotiation and protocol agreement, a sustainable benefits agreement could be entered into which would seek to realize longer-term benefits arising during construction and operation of the Project. In March 2012, the Lake Babine Nation hired a negotiator who presented an offer to Northern Gateway through a negotiating agreement. Since then Northern Gateway has sent back two counter offers. Northern Gateway is waiting for a response to these counter offers. In May 2012, Northern Gateway sent the Lake Babine Nation correspondence inviting them to join the Burns Lake communities in the development of a camp manufacturing company. In May 2012, the Lake Babine Nation sent a letter to Northern Gateway advising that the Lake Babine Nation Chief and Council election was called on April 26, 2012, and from that date until a newly elected Chief and Council are sworn in on June 29, 2012, the incumbent Lake Babine Nation Chief and Council cannot make any major decisions including a decision regarding the AOA. Northern Gateway will continue to provide Project updates and information to the Lake Babine Nation, and continue to work with the Lake Babine Nation to discuss issue and concerns that have been raised within their community and through the Project's public hearing process. Northern Gateway will also

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continue discussions with the newly elected Chief and Council as they become available after the swearing-in ceremony on June 29, 2012. Northern Gateway will continue to keep the Lake Babine Nation apprised of Project-related information and is always open to continuing to engage with the Lake Babine Nation in Project dialogue, to the extent that the Nation is reciprocally interested and willing.

6.6.6

Skin Tyee Nation

In June 2011, Northern Gateway established the Burns Lake Aboriginal Communities Working Group (Working Group) for the regions of Fort St. James and Burns Lake, British Columbia. The purpose of the Working Group is to develop strategies to maximize Aboriginal communities and their members' participation in business, economic and social opportunities relating to the development, construction and operation of the Project. The Skin Tyee Nation is a member of the Working Group, and has been participating, on a regular basis, in the Working Group's monthly meetings. Northern Gateway is also assisting the Working Group member First Nations with the development of training to employment programs. In early November 2011, Skin Tyee Nation representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. In May 2012, the community sent representatives to two regional Skills and Partnership fund meetings hosted by Northern Gateway in Prince George and Burns Lake, BC. The meetings were focused on preparing an application for consideration by HRSDC for funding of a regional trades training to employment project for 200 aboriginal students. The application was submitted on May 17, 2012. The Skin Tyee Nation has been provided with updates and notices relating to the Project on a regular basis. Northern Gateway has also participated in meetings with the Skin Tyee Nation to discuss training to employment opportunities, and to provide any information they require regarding Project benefits and interests and concerns that are important to their community. In addition to the engagement activities summarized above, Northern Gateway continues to notify the Skin Tyee Nation of updates and supplementary information filed with the JRP relating to the Project's regulatory application.

6.6.7

Nee-Tahi-Buhn (Nee-Tahi-Buhn Indian Band)

In June 2011, Northern Gateway established the Burns Lake Aboriginal Communities Working Group (Working Group) for the regions of Fort St. James and Burns Lake, British Columbia. The purpose of the Working Group is to develop strategies to maximize Aboriginal communities and their members' participation in business, economic and social opportunities relating to the development, construction and operation of the Project. The Nee-Tahi-Buhn Indian Band is a member of the Working Group, and has been participating, on a regular basis, in the Working Group's monthly meetings. Northern Gateway is also assisting the Working Group member First Nations with the development of training to employment programs.

July 2012

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In early November 2011, Nee-Tahi-Buhn Indian Band representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. In May 2012, the community sent representatives to two regional Skills and Partnership fund meetings hosted by Northern Gateway in Prince George and Burns Lake, BC. The meetings were focused on preparing an application for consideration by HRSDC for funding of a regional trades training to employment project for 200 aboriginal students. The application was submitted on May 17, 2012. The Nee-Tahi-Buhn Indian Band has been provided with updates and notices relating to the Project on a regular basis. Northern Gateway has also participated in meetings with the Nee-Tahi-Buhn Indian Band to discuss training to employment opportunities, and to provide any information they require regarding Project benefits and interests and concerns that are important to their community. In addition to the engagement activities summarized above, Northern Gateway continues to notify the Nee-Tahi-Buhn Indian Band of updates and supplementary information filed with the JRP relating to the Project's regulatory application.

6.6.8

Cheslatta Carrier Nation

In June 2011, Northern Gateway established the Burns Lake Aboriginal Communities Working Group (Working Group) for the regions of Fort St. James and Burns Lake, British Columbia. The purpose of the Working Group is to develop strategies to maximize Aboriginal communities and their members' participation in business, economic and social opportunities relating to the development, construction and operation of the Project. The Cheslatta Carrier Nation is a member of the Working Group, and has been participating, on a regular basis, in the Working Group's monthly meetings. Northern Gateway is also assisting the Working Group member First Nations with the development of training to employment programs. In early November 2011, Cheslatta Carrier Nation representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. In May 2012, the community sent representatives to two regional Skills and Partnership fund meetings hosted by Northern Gateway in Prince George and Burns Lake, BC. The meetings were focused on preparing an application for consideration by HRSDC for funding of a regional trades training to employment project for 200 aboriginal students. The application was submitted on May 17, 2012. The Cheslatta Carrier Nation has been provided with updates and notices relating to the Project on a regular basis. Northern Gateway has also participated in meetings with the Cheslatta Carrier Nation to discuss training to employment opportunities, and to provide any information they require regarding Project benefits and interests and concerns that are important to their community. In addition to the engagement activities summarized above, Northern Gateway continues to notify the Cheslatta Carrier Nation of updates and supplementary information filed with the JRP relating to the Project's regulatory application.

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6.7
6.7.1

Northwest British Columbia
Office of the Wet'suwet'en

Relations between the Office of the Wet'suwet'en and Northern Gateway received a setback in 2010. Evidence of a shift and cooling of communications was apparent to all who witnessed two Northern Gateway representatives receive a feather trespass warning in August of 2010 at a meeting convened with the mayor and council of the Town of Smithers, BC. At this meeting, the two Northern Gateway representatives present each received an eagle feather from two Wet'suweten hereditary chiefs, conveying notice of trespass upon the Likht'amisyu (fireweed) clan's territories. This feathering incident occurred shortly after the Wet'suwet'en gathered at the meeting sang a traditional war song, and was followed by an explanation from the hereditary chiefs issuing the notice that this was the second warning of trespass issued to Northern Gateway, and that further acts of trespass by Northern Gateway would be dealt with under traditional Wet'suwet'en laws. In January 2012 at the JRP hearing sessions which took place in Smithers, BC, a Wet'suwet'en medicine man approached a Northern Gateway representative and was carrying feathers. The Northern Gateway representative asked the medicine man what his intentions were in connection with the feathers. The medicine man advised the feathers were a part of his presentation. The Northern Gateway representative subsequently advised that Northern Gateway would not accept any feathers from him. No feathers were issued or given to Northern Gateway representatives at the time. A second feathering incident occurred in January 2012 at the JRP hearing session which took place in Burns Lake, BC, one day after the Smithers session. Following a ceremonial incantation addressed to the "northern gods," a Wet'suweten Elder blew a myriad of tiny feathers over a Northern Gateway representative in attendance. These feathers covered the hair and clothing of the Northern Gateway representative targeted by this feathering incident. Following this incident, it was explained by one of the registered Wet'suwet'en speakers at the JRP hearing session that breach of traditional Wet'suwet'en laws could result in banishment from the community, or death, and that Wet'suwet'en trespass laws were just as strictly enforced as those other offenses described by the speaker which were punishable by death. Over the course of the summer of 2011, the Office of the Wet'suwet'en advised Northern Gateway, on a few occasions, of its concerns relating to what the Office of the Wet'suwet'en asserted were inaccurate and unsubstantiated facts set out in the Volume 5A Update. Specifically, the Office of the Wet'suwet'en advised that they took issue with the Project's reference to the Kitimat-Summit Lake Looping Pipeline, stating that the Project was conflating natural gas pipeline due-diligence information with oil pipeline due-diligence information. Northern Gateway responded to this concern, on a few occasions, by explaining that it was incumbent upon the Project, for regulatory reasons, to not only consider in the Volume 5A Update information shared by the Office of the Wet'suwet'en to the Project, but also information readily available in the public domain which is relevant to the evaluation of the Project. Northern Gateway also offered to meet with the Office of the Wet'suwet'en during the summer of 2011, on a few occasions, for the purpose of finalizing the proposed Communications Protocol Agreement; however, the Office of the Wet'suwet'en was unavailable to meet. In August 2011, Northern Gateway provided a copy of the AOA to the Office of the Wet'suwet'en for its review and consideration, making

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specific reference to acceptance deadlines arising in connection with the AOA. In October 2011, Northern Gateway met with the Office of the Wet'suwet'en to provide proposed revisions to the Communications Protocol Agreement. In December 2011, the Office of the Wet'suwet'en advised they were frustrated by the proposed revisions, and interpreted them to reflect intentional delay on the part of the Project, and that a meeting would need to be set up with the Wet'suwet'en Hereditary Chiefs to review the Project's proposed revisions. In January 2012, Northern Gateway sent correspondence to the Office of the Wet'suwet'en confirming that they had not provided any feedback in connection with the revised Communications Protocol Agreement provided to the Office of the Wet'suwet'en in October 2011. Further, the correspondence acknowledged that representatives of the Office of the Wet'suwet'en made presentations to the JRP clearly articulating its opposition to the Project, and that as a result, the Communications Protocol Agreement, in its last iteration, no longer reflected the interests of the parties. The Project received correspondence back from the Office of the Wet'suwet'en, in February 2012, advising that they were disappointed with the Project's rescission of the proposed Communications Protocol Agreement and expressed regret that a funding arrangement had not been achieved. In April 2012, Northern Gateway provided a detailed response to the letter received from the Office of the Wet'suwet'en in February 2012. In the letter, Northern Gateway re-stated that the Office of the Wet'suwet'en had not provided any feedback regarding the Agreement in over three months' time. Northern Gateway also re-stated that during this period of silence, representatives of the Office of the Wet'suwet'en made presentations to the JRP clearly articulating their opposition to the Project. For example, one witness stated: "we don't want Enbridge to touch our territories and we won't let them set foot on our territories" and "we say no to Enbridge, absolutely no" (A2L1G6 at paras. 5547 and 5548). Another witness stated: "our Chiefs have decided no Enbridge oil pipeline through Wet'suwet'en territory, ever. Can I be any clearer?" (A2L1G6 at paras. 5678 and 5679). This opposition to the Project, coupled with the three month period of silence, led the Project to come to the reasonable conclusion, under the circumstances, that the proposed Communications Protocol Agreement no longer reflected the interests of the parties. In June 2012, Northern Gateway wrote to the Office of the Wet'suwet'en advising that Northern Gateway had not received acknowledgement of receipt or a response from the Office of the Wet'suwet'en in connection with Northern Gateway's letter of April 2012. Northern Gateway confirmed in its June 2012 letter that should the Office of the Wet'suwet'en have an interest in continuing to engage Northern Gateway in Project related dialogue, Northern Gateway would welcome such opportunity, notwithstanding its prior assessment that the proposed Communications Protocol Agreement no longer reflected the interests of the parties. The reason for this is because Northern Gateway acknowledges that other means of communications, or forms of agreement, may be more suitable vehicles for continuing to engage with and consult with the Office of the Wet'suwet'en in a meaningful way. Northern Gateway will continue to keep the Office of the Wet'suwet'en apprised of Project related information and is always open to continuing to engage with the Office of the Wet'suwet'en in Project dialogue, to the extent that the Office of the Wet'suwet'en is reciprocally interested and willing.

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6.7.2

Gitxsan Hereditary Chiefs

In August 2011, Northern Gateway provided a copy of the AOA to a representative of the Gitxsan Nation, and subsequently held lengthy discussions about a variety of economic development opportunities of interest. Some of these interests included: green energy development, highway storage yard opportunities, and joint venture opportunities. In October 2011, Northern Gateway provided an update to the Gitxsan Nation membership at the 2011 Gitxsan Chief's Summit. Included in the presentation delivered was substantive information on Northern Gateway, the AOA, and a hydroelectric development of interest to the Gitxsan Development Corporation referred to as "Cascadero Falls." In early November 2011, a Gitxsan Nation representative attended the Northern Gateway Business Summit in Edmonton, Alberta. Also in November 2011, Northern Gateway sponsored Gitxan Nation representatives to attend an Oil Sands Discovery Centre tour in Fort McMurray, Alberta. The tour provided substantial insight into oil sands production and transportation. Also, in November 2011, Northern Gateway attended a meeting with a representative of the Gitxsan Nation to discuss the potential execution of the AOA, including a detailed review of key provisions contained therein. Subsequently, in November 2011, Northern Gateway had a meeting with representatives from the Gitxsan Development Corporation to discuss the AOA. In December 2011, the Gitxsan Nation signed the AOA, and shortly thereafter, Chief Elmer Derrick made himself available for a press conference which disclosed the execution of the agreement. Also, in December 2011, a Project representative attended a meeting with the Gitxsan Hereditary Chiefs to discuss the signing of the AOA, and to answer questions relating to the agreement. In February 2012, a representative of the Project met with a representative of the Gitxsan Development Corporation to discuss the political fallout which arose from the Gitxsan Nation's signing of the AOA. In May 2012, there were several meetings between representatives of the Gitxsan Development Corporation and the Project to discuss entering into a protocol agreement which would have as one of its objectives the goal of confirming to the Gitxsan membership the benefits which will arise to the Gitxsan Nation as a result of their execution of the AOA. A community meeting was planned to discuss this in June 2012, however, the meeting was postponed at the request of the Gitxsan Development Corporation until the next meeting, expected to occur sometime in August 2012, to allow other more time-sensitive Gitxsan Nation agenda items to be dealt with at the June 2012 meeting. In addition to the engagement activities summarized above, Northern Gateway continues to notify the Gitxsan Nation of updates and supplementary information filed with the JRP relating to the Project's regulatory application.

6.8

Métis Nation British Columbia

In September 2011, Northern Gateway met with the Métis Nation of British Columbia to present the AOA, and to discuss business opportunities arising in connection with the Project.

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In early November 2011, Métis Nation of British Columbia representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. Also in November 2011, Northern Gateway arranged for members of the Métis Nation of British Columbia to attend an Athabasca oil sands tour of Suncor's mining and extraction operations in Fort McMurray, Alberta. The purpose of the tour was for the attendees to gain a better understanding of oil-sands production, transportation processes, and safety measures in the Athabasca region, and how these apply to the oil and gas industry as a whole. In December 2011, Northern Gateway met with the Métis Nation of British Columbia to discuss training and employment strategies and opportunities potentially arising from the Project. Northern Gateway had a follow-up meeting with the Métis Nation of British Columbia in December 2011, wherein further discussions were held to discuss training and program opportunities, as well as to discuss the development of a protocol agreement relating to capacity funding. In January 2012, Northern Gateway met with the Métis Nation of British Columbia to discuss potential joint venture opportunities arising during the pre-construction phase of the Project. In February 2012, Northern Gateway met with the Métis Nation of British Columbia to provide a Project update which included an overview and summary of the current regulatory process relating to the Project application. Also discussed was the status of the Métis Nation of British Columbia's ATK study, and an update on education, training and skills development. In March 2012, Northern Gateway met with senior Métis Nation of British Columbia leadership and presented a high-level overview of the Project which addressed such matters as economic development, green energy opportunities, and pipeline routing and integrity matters. Also discussed was a potential opportunity for Northern Gateway to hold a technical workshop to educate Métis Nation of British Columbia regional governance representatives about the Project. This presentation was followed by an extensive question and answer period. In March 2012, Northern Gateway participated in the Métis Nation Economic Development Summit in Grande Prairie, Alberta. The summit was organized by the Métis Nation of British Columbia, the Métis Nation of Alberta, and the Métis National Council, and focused on economic development opportunities for Métis businesses in industry. In April 2012, Northern Gateway received a letter from the Métis Nation of British Columbia, which advised that statements made about the Project to the JRP by Métis Nation of British Columbia Natural Resources Minister Gary Ducommun, were not authorized by the Métis Nation of British Columbia. The letter also advised that Mr. Ducommun was no longer employed as the Natural Resources Minister for the Métis Nation of British Columbia. In May 2012, Northern Gateway provided Métis Nation of British Columbia General Assembly Members with a two day technical workshop to resolve any issues and concerns that the Métis Nation of British Columbia regional representatives had regarding the Project. The meeting was very positive and issues and concerns that were raised were dealt with and resolved by Northern Gateway representatives. In June 2012, the Métis Nation of British Columbia executive requested that Northern Gateway participate in all of the Métis Nation of British Columbia regional information sessions scheduled throughout the Province of British Columbia during the summer and fall of 2012. Northern Gateway

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accepted the Métis Nation of British Columbia's invitation and has participated in two regional sessions in June 2012 in Abbotsford and Courtenay, British Columbia. Northern Gateway representatives were well received by the Métis Nation of British Columbia regional community members. Issues and concerns raised by the Métis Nation of British Columbia community members were resolved during these meetings. Northern Gateway will continue to attend the regional sessions throughout 2012 to provide Project updates, information and to resolve any issues and concerns raised by Métis Nation of British Columbia regional community members. Northern Gateway has obtained written confirmation from the Province of British Columbia and the Federal Government that each solely recognizes the Métis Nation of British Columbia as the legitimate representative body of the Métis people in British Columbia. In addition to the engagement activities summarized above, Northern Gateway continues to notify the Métis Nation of British Columbia of updates and supplementary information filed with the JRP relating to the Project's regulatory application.

6.8.1

Prince George Métis Community Association

See Métis Nation British Columbia summary.

6.8.2

New Caledonia Métis Association (New Caledonia Métis Association [North Central Region])

See Métis Nation British Columbia summary.

6.9
6.9.1

Coastal British Columbia Region
Kitsumkalum Band (Kitsumkalum First Nation)

In March 2011, Northern Gateway sent a letter to the Kitsumkalum First Nation Band Council to provide a Project update and to further discussions on a marine focused ATK study. Northern Gateway did not receive a response to this request. In July 2011, Northern Gateway met with Kitsumkalum Band (Kitsumkalum First Nation) representatives to provide a preliminary response to the Nation's funding proposal to conduct a marine ATK study in the Nation's marine use areas. Following the meeting, there was substantive correspondence between Northern Gateway and the Nation arising in connection with the proposed marine ATK study. In August 2011, Northern Gateway sent the Kitsumkalum Band (Kitsumkalum First Nation) a letter advising that the AOA was available for their review and consideration and encouraged the Nation to meet with its Aboriginal relations team as soon as possible to receive the agreement. In early November 2011, Kitsumkalum Band (Kitsumkalum First Nation) representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. Northern Gateway also met with Nation representatives to review the proposed marine ATK study, as well as to discuss the concerns raised by the Nation including spill response, tanker traffic, marine routing options, and watercourse crossings.

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In December 2011, Northern Gateway environmental specialists met with the Kitsumkalum Band (Kitsumkalum First Nation) to discuss scoping for the Nation's fieldwork arising from the proposed marine ATK study. Later in December 2011, Northern Gateway and the Nation successfully concluded negotiations for a marine ATK study. Shortly thereafter, Nation representatives advised Northern Gateway that the Nation's leadership reversed course and did not want to sign the agreement and, additionally, would not have any further meetings with Northern Gateway. In February 2012, a Northern Gateway representative met with the Kitsumkalum Band (Kitsumkalum First Nation) to discuss their concerns about engaging with the Project for fear of being presumed to support the Project on account of such engagement. Northern Gateway advised that it remains committed to working with the Nation to address these concerns and to engage in mutually respectful and productive dialogue. In March 2012, Northern Gateway sent the Kitsumkalum Band (Kitsumkalum First Nation) a letter seeking confirmation that the Nation's leadership has directed that there were to be no communications between the Nation and Northern Gateway. The letter also inquired whether the marine ATK study would be executed by the Nation. No response has been received from the Nation to date. Northern Gateway will continue to keep the Kitsumkalum Band (Kitsumkalum First Nation) apprised of Project-related information and is always open to continuing to engage with the Nation in Project dialogue, to the extent that the Nation is reciprocally interested and willing.

6.9.2

Kitselas (Kitselas First Nation)

In March 2011, Northern Gateway executed a Traditional Use Study and Environmental Assessment Agreement with the Kitselas (Kitselas First Nation). The purpose of the agreement was to provide resources for the Nation to update certain aspects of the Traditional Use Study and to cooperate on the completion of additional environmental assessment work with respect to the Project. The agreement contemplated monthly meetings between the parties whereby Northern Gateway provides Project updates and the Nation provides updates on their studies. These monthly meetings have occurred as contemplated and have broadened to include other members of the Northern Gateway Project team. In June 2011, Northern Gateway met with the Kitselas (Kitselas First Nation) representatives to discuss additional environmental assessment work arising in connection with the Project. Environmental assessment scoping, mapping and related budget issues were discussed. Another meeting was in June 2011, with the purpose of revisiting and discussing additional environmental assessment work and the creation of a wildlife work plan and budget. In July 2011, Northern Gateway delivered a tunneling presentation to the Kitselas (Kitselas First Nation), which was followed by a lengthy question and answer session. In August 2011, Northern Gateway sent the Kitselas (Kitselas First Nation) a letter advising that the AOA was available for their review and consideration. Northern Gateway requested a meeting with the Nation to review the agreement.

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Meetings were held in August, September, and October 2011, which resulted in the execution of an amended Traditional Use Study and Environmental Assessment Agreement in August 2011 to include a broadened scope of work. In early November 2011, Kitselas (Kitselas First Nation) representatives attended the Northern Gateway Business Summit in Edmonton, Alberta. In November 2011, Northern Gateway participated in the ground-truthing of sensitive watercourse and tunnel site areas in the Kitselas (Kitselas First Nation) traditional territory with Nation community members. Issues raised by the Nation representatives included watercourse crossings, disposal of tunnel matter, and the protection of wildlife habitat. In November 2011, Northern Gateway met with the Nation to provide a Project update, and to discuss tunnel scoping. The Nation, at this meeting, provided Northern Gateway with an update on their Traditional Use Study work in progress. In January 2012, Northern Gateway met with the Kitselas (Kitselas First Nation) to discuss the formation of a joint working group to address the Nation's concerns in relation to the tunnels and to initiate discussions with Enbridge's green energy group. In February 2012, Northern Gateway met with the Kitselas (Kitselas First Nation) to provide a Project update to further discuss future assessment and tunnel work proposed by the Project, as well as green energy opportunities potentially available in the Nation's traditional territory. In March 2012, Northern Gateway received two proposals from the Kitselas (Kitselas First Nation) to: (1) conduct an independent environmental and constructability assessment and (2) an assessment of the power line for the proposed Clore and Hoult tunnel areas. Northern Gateway has sent written correspondence to the Nation confirming its willingness to support those proposals. The amended Traditional Use Study and Environmental Assessment Agreement will be amended again to accommodate these two additional studies. In April 2012, Northern Gateway and the Kitselas (Kitselas First Nation) had a joint 2-day working session to review the proposed Clore and Hoult tunnels and routing through the Nation's traditional territory. Northern Gateway continues to review and assess routing options put forward by the Nation. These discussions continued at a follow-up meeting in May, 2012. In May 2012, the Kitselas (Kitselas First Nation) participated in a 5-day field work program with Northern Gateway's engineering group. The purpose of the program was to view potentially sensitive sites along the RoW from the west portal of the Hoult tunnel to the Lower Kitimat Valley and to support the development of the Kitimat Valley Design, Operations and Construction Study Report. A draft version of the Kitimat Valley Design, Operations and Construction Study Report has been provided to the Kitselas (Kitselas First Nation) for comment. Northern Gateway will consider any comments received from the Nation about the report and incorporate those comments during detailed engineering and design. Northern Gateway will continue to offer opportunities to meet with the Nation to discuss this report. In addition to the engagement activities summarized above, Northern Gateway continues to notify the Kitselas (Kitselas First Nation) of updates and supplementary information filed with the JRP relating to the Project's regulatory application.

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6.9.3

Kitamaat Village Council (Haisla Nation)

In June 2011, Northern Gateway met with the Haisla Nation Chief and Council to address the outstanding issue of damage to Culturally Modified Trees (CMTs). The Haisla Nation's participation in the JRP process and JRP capacity funding were also discussed. Between June and September 2011 several letters were exchanged between Northern Gateway and the Haisla Nation in relation to CMTs, the Haisla Nation's participation in the JRP process and capacity funding for the Haisla Nation. In August 2011, Northern Gateway met with the Haisla Nation to further address the CMT issue, the Haisla Nation's participation in the JRP process and capacity funding for the Haisla Nation. In September 2011, Northern Gateway met with the Haisla Nation to further the August 2011 dialogue. At that meeting, the Haisla Nation directed its technical representative to work with Northern Gateway in drafting a letter agreement for the parties' consideration. In October 2011, Northern Gateway and the Haisla Nation entered into a Letter Agreement concerning the review of the proposed Project during the JRP Project review process. The term of the Letter Agreement runs until the end of the first phase of the JRP's Project review process, which was expected to end June 26, 2012. The Letter Agreement does not signify the Haisla Nation's support for, agreement to, or approval of the Project, but does signify agreement between the parties respecting an engagement process and certain engagement activities throughout the term of the Letter Agreement that are meant to assist the Haisla Nation in conducting its own independent due diligence with respect to the Project. In February 2012, Northern Gateway met with the Haisla Nation to discuss potential next steps in relation to resolving the outstanding CMT issue, the Haisla Nation participation in the JRP process, and to schedule meetings separate from the JRP process in order for Northern Gateway to better understand the additional information required by the Haisla Nation to facilitate their assessment of the Project. In May 2012, a Haisla Nation representative participated in a field work program with Northern Gateway representatives to undertake surveys at a number of sites across the Kitimat River drainage and on Haisla IR 1 and to support the development of the Preliminary Kitimat River Drainage Area Emergency Preparedness Report. Several discussions and exchanges of correspondence between the parties occurred in order for Northern Gateway to seek the Haisla Nation's support for and participation in the field work program. A draft version of the Preliminary Kitimat River Drainage Area Emergency Preparedness Report has been provided to the Haisla Nation for comment. Northern Gateway will consider any comments received from the Haisla Nation about the report and incorporate those comments during detailed engineering and design. Northern Gateway will continue to offer opportunities to meet with the Haisla Nation to discuss this report. In June 2012, the Northern Gateway executive and technical leads met with Haisla Nation Chief and Council to bring final closure to the CMT issue and determine next steps for extending the Letter Agreement between the parties. Northern Gateway also took the opportunity to seek clarity on the boundaries of Haisla Nation traditional territory. Through subsequent correspondence, the Haisla Nation confirmed that the CMT issue had been resolved. The Haisla Nation also sent information to Northern

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Gateway confirming the boundaries of their traditional territory. The parties will continue to dialogue about an extension to the Letter Agreement. Northern Gateway will continue to keep the Haisla Nation apprised of Project-related information and is always open to continuing to engage with the Haisla Nation in Project dialogue, to the extent that the Haisla Nation is reciprocally interested and willing.

6.9.4

Hartley Bay Band (Gitga'at Nation)

In June 2011, Northern Gateway met with the Gitga'at Nation to discuss the potential of entering into a protocol agreement and related opportunities associated with the Project. Also in June 2011, a Northern Gateway representative attended a cultural ceremony to celebrate the repatriation of petroglyphs from the museum in Kitimat to the Gitga'at First Nation in Hartley Bay, BC. In July 2011, senior Project representatives met with the Gitga'at Nation to review and discuss past efforts to establish a working relationship, identify key work activities to be undertaken, and discuss parameters around potential capacity funding for the Nation. At this meeting, Northern Gateway also provided a Project update, as well as an overview of work completed in preparation for the JRP hearing process. Northern Gateway and the Gitga'at Nation also discussed a proposed letter agreement at this meeting focusing on potential work activities and capacity funding considerations. In September 2011, Northern Gateway entered into the letter agreement with the purpose of setting out mutually acceptable terms and conditions for ongoing engagement between Northern Gateway and the Nation. The letter agreement included a work plan, budget and meeting schedule. The letter agreement was endorsed by the Gitga'at Nation CEO and supported by a Band Council Resolution from the elected Chief and Council. In late September 2011, Northern Gateway executives and Enbridge's CEO met with the Coastal First Nations. Representatives from the Council of the Haida Nation, Haisla Nation, Heiltsuk Nation, Gitga'at Nation, and Kitasoo/Xai'xais Nation were in attendance. Enbridge's CEO committed to resetting the table and finding a renewed meaningful dialogue with Coastal First Nations. Coastal First Nations requested an outright stay of the JRP process and Northern Gateway expressed interest in working with the parties to find ways to constructively augment the JRP process. In October 2011, Northern Gateway received a letter from the Coastal First Nations reiterating their request for an outright stay of the JRP process. Northern Gateway responded to the letter by telephone to convey that Northern Gateway had carefully considered the Coastal First Nation's request, but on balance, was not able to support the request for an outright stay of the JRP process. Northern Gateway indicated that it remains open to working with the Coastal First Nations to find ways to constructively augment the JRP process. In November 2011, under the letter agreement, Northern Gateway met with representatives of the Gitga'at Nation. One of the priorities for the Gitga'at Nation under the letter agreement was to enter into a benefits term sheet. In response to that priority, Northern Gateway summarized, during the course of the meeting, potential benefits and business opportunities, including the storage and management of emergency response equipment by the Gitga'at Nation. A copy of the AOA was informally provided at this meeting. The Gitga'at Nation agreed to review the benefits summary information at an upcoming community

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meeting. Northern Gateway understands that the Gitga'at Nation was directed by the Chief and Council to rescind the letter agreement. In December 2011, the Gitga'at Nation sent written correspondence to Northern Gateway advising that they were rescinding the letter agreement unless Northern Gateway agreed to amend the letter agreement. Northern Gateway considered the request, and responded by suggesting that the letter agreement be placed into abeyance until the latter part of March 31, 2012, or the end of the community hearings for oral evidence scheduled to take place between January and March 2012. In March 2012, Northern Gateway received a courier package from the Gitga'at Nation which contained the following items: (i) the letter agreement, (ii) an undeposited cheque made payable to the Hartley Bay Band arising pursuant to the letter agreement, and (iii) the cover letter originally enclosing the cheque. Northern Gateway responded with written correspondence seeking an explanation for why the Gitga'at Nation returned those items and how the Gitga'at Nation proposes the parties continue their dialogue in respect of the Project. Northern Gateway will continue to keep the Gitga'at Nation apprised of Project-related information and is always open to continuing to engage with the Nation in Project dialogue, to the extent that the Nation is reciprocally interested and willing.

6.9.5

Kitasoo/Xai'xais Nation

In June 2011, Northern Gateway sent written correspondence to the Kitasoo/Xai' Xais confirming the Project's interest in meeting with the Kitasoo/Xai' Xais for the purpose of providing a technical presentation on the Project as well as tabling a proposal for the Kitasoo/Xai' Xais to undertake an ATK study. Northern Gateway also requested the opportunity to review key features of the proposed marine benefits package with the Kitasoo/Xai' Xais. In July 2011, Northern Gateway agreed to attend a meeting with Kitasoo/Xai' Xais Chief and Council, Hereditary Chiefs and an advisor, in Klemtu. Northern Gateway, including several members of its marine, environment and engineering teams, travelled to Prince Rupert where the intent was to charter a float plane to Klemtu. Inclement weather did not permit the group to reach Klemtu that day. However, later that day, Northern Gateway and Kitasoo/Xai' Xais agreed to postpone the meeting to August 2011. Leading up to the July and August meetings there were several conversations and emails exchanged to plan for the meetings. In August 2011, Northern Gateway met with Chief and Council, Hereditary Chiefs and advisors to provide a Project overview. At this meeting Northern Gateway reviewed detailed mapping with Kitasoo/Xai' Xais and discussed potential tanker traffic within their Traditional Territory. Northern Gateway agreed to return to the community at a later date to attend a community meeting whereby detailed Project information would be shared with the community. In September 2011, Northern Gateway sent a letter to Kitasoo/Xai' Xais expressing appreciation for the August 2011 meeting and confirmed its interest in attending a community meeting and in maintaining ongoing dialogue with the Kitasoo. Northern Gateway did not receive any response to this letter. In late September 2011, Northern Gateway executives and Enbridge's CEO met with the Coastal First Nations. Representatives from the Council of the Haida Nation, Haisla Nation, Heiltsuk Nation, Gitga'at

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Nation, and Kitasoo/Xai'xais Nation were in attendance. Enbridge's CEO committed to resetting the table and finding a renewed meaningful dialogue with Coastal First Nations. Coastal First Nations requested an outright stay of the JRP process and Northern Gateway expressed interest in working with the parties to find ways to constructively augment the JRP process. In October 2011, Northern Gateway received a letter from the Coastal First Nations reiterating their request for an outright stay of the JRP process. Northern Gateway responded to the letter by telephone to convey that Northern Gateway had carefully considered the Coastal First Nation's request, but on balance, was not able to support the request for an outright stay of the JRP process. Northern Gateway indicated that it remains open to working with the Coastal First Nations to find ways to constructively augment the JRP process. Northern Gateway will continue to keep the Kitasoo/Xai' Xais apprised of Project-related information and is always open to continuing to engage with the Kitasoo/Xai' Xais in Project dialogue, to the extent that the Kitasoo/Xai' Xais is reciprocally interested and willing.

6.9.6

Heiltsuk Nation (Heiltsuk Tribal Council)

In late September 2011, Northern Gateway executives and Enbridge's CEO met with the Coastal First Nations. Representatives from the Council of the Haida Nation, Haisla Nation, Heiltsuk Nation, Gitga'at Nation, and Kitasoo/Xai'xais Nation were in attendance. Enbridge's CEO committed to resetting the table and finding a renewed meaningful dialogue with Coastal First Nations. Coastal First Nations requested an outright stay of the JRP process and Northern Gateway expressed interest in working with the parties to find ways to constructively augment the JRP process. In October 2011, Northern Gateway received a letter from the Coastal First Nations reiterating their request for an outright stay of the JRP process. Northern Gateway responded to the letter by telephone to convey that Northern Gateway had carefully considered the Coastal First Nation's request, but on balance, was not able to support the request for an outright stay of the JRP process. Northern Gateway indicated that it remains open to working with the Coastal First Nations to find ways to constructively augment the JRP process. Although engagement with the Heiltsuk Nation has recently been limited to the umbrella group meetings described above, and although more formal and direct engagement would, were it to occur, take place through meetings set up between elected Heiltsuk Nation representatives and Northern Gateway on a oneon-one basis, as opposed to through the umbrella group representation, Northern Gateway has received unsolicited communication from individual Heiltsuk Nation community members who have expressed an interest in understanding the Project. Northern Gateway has responded to questions received from these community members. Some Heiltsuk Nation community members have expressed disappointment in the way the community received the JRP during its recent April 2012 visit to the community. Some Heiltsuk Nation community members are also concerned that there is little to no opportunity for a balanced consideration of the Project. Some Heiltsuk Nation Community members have expressed concern to Northern Gateway about retaliation for not having taken an opposing position to the Project.

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Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

To maintain lines of communication, Northern Gateway will continue to keep the Heiltsuk Nation apprised of Project-related information and is always open to continuing to engage with the Heiltsuk Nation in Project dialogue, to the extent that the Heiltsuk Nation is reciprocally interested and willing.

6.9.7

Gitxaala Nation (Kitkatla)

Communications between Northern Gateway and the Gitxaala Nation during 2011 and 2012 continued to be undertaken primarily through the Gitxaala Nation's legal counsel. In May 2011, representatives of Northern Gateway attended a community meeting and traditional feast at Kitkatla. Through the course of the community meeting, Northern Gateway received valuable insights and information from Gitxaala Nation members. At the conclusion of the meeting, Northern Gateway's executive committed to working with the community to address their interests and concerns relating to the Project. Northern Gateway also attended a traditional feast with the hereditary chiefs and community members at-large. During this feast, the hereditary chiefs spoke at length about their respective territories, responsibilities, and thoughts regarding the Project. Following the May 2011 meeting, Northern Gateway met with Gitxaala Nation representatives in July 2011 to respond to concerns about the risk and potential for spills. In November, 2011, two meetings were held between Northern Gateway and the Gitxaala Nation Chief and Council at the office of the Gitxaala Nation's legal counsel. One meeting dealt with a request by the Gitxaala Nation's legal counsel for discussions to occur between the Gitxaala Nation, the federal Crown, and Northern Gateway regarding environmental assessment and consultation matters. The other meeting, which was held at the request of Northern Gateway, was to discuss economic opportunities that were potentially available to the Gitxaala Nation arising from the Project should they wish to pursue them. Northern Gateway will continue to keep the Gitxaala Nation apprised of Project-related information and is always open to continuing to engage with the Gitxaala Nation in Project dialogue, to the extent that the Gitxaala Nation is reciprocally interested and willing.

6.9.8

Old Massett Village Council (Council of the Haida Nation) andSkidegate Band Council (Council of the Haida Nation)

Northern Gateway continues to respect the direction provided by the Skidegate Band Council in its March 2011 letter, which formally requested Northern Gateway to stop sending any information in relation to the Project. Northern Gateway's response to that letter, explained that it is required to provide certain Project information. Northern Gateway has continued to do so. In May 2011, a senior representative of Northern Gateway spoke with a senior representative of the Council of the Haida Nation at Northern Gateway's Annual General Meeting which took place in Toronto. In late September 2011, Northern Gateway executives and Enbridge's CEO met with the Coastal First Nations. Representatives from the Council of the Haida Nation, Haisla Nation, Heiltsuk Nation, Gitga'at Nation, and Kitasoo/Xai'xais Nation were in attendance. Enbridge's CEO committed to resetting the table and finding a renewed meaningful dialogue with Coastal First Nations. Coastal First Nations requested an

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July 2012

Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

outright stay of the JRP process and Northern Gateway expressed interest in working with the parties to find ways to constructively augment the JRP process. In October 2011, Northern Gateway received a letter from the Coastal First Nations reiterating their request for an outright stay of the JRP process. Northern Gateway responded to the letter by telephone to convey that Northern Gateway had carefully considered the Coastal First Nation's request, but on balance, was not able to support the request for an outright stay of the JRP process. Northern Gateway indicated that it remains open to working with the Coastal First Nations to find ways to constructively augment the JRP process. Northern Gateway will continue to keep the Haida apprised of Project-related information and is always open to continuing to engage with the Haida in Project dialogue, to the extent that the Haida are reciprocally interested and willing.

6.9.9

Metlakatla First Nation

Further to the written correspondence that Northern Gateway sent the Metlakatla First Nation in March 2011 (which is described in the June 2011 Update to the Application, Volume 5A), in September 2011, Northern Gateway sent written correspondence to Metlakatla First Nation reiterating its request for a meeting to discuss the AOA and related benefits. Northern Gateway confirmed that it would like to engage in a collaborative process with the Metlakatla First Nation, whereby discussions would be held for the purposes of addressing any concerns that the Metlakatla First Nation might have. Northern Gateway proposed to undertake this parallel to a discussion which would see both parties collaborating on the design of a suite of benefits that correspond to the Nation's unique interests and aspirations. The Metlakatla First Nation was, once again, not responsive to the engagement outreach undertaken by Northern Gateway. Northern Gateway will continue to keep the Metlakatla First Nation apprised of Project-related information and is always open to continuing to engage with the Metlakatla First Nation in Project dialogue, to the extent that the Metlakatla First Nation is reciprocally interested and willing.

6.9.10

Lax-Kw'alaams First Nation

In April 2011, Northern Gateway received a letter from the Lax Kw'alaams First Nation expressing concern about the perceived increased risk posed by potential tanker traffic from the Project. The letter was sent in response to a March 2011 letter sent to the Lax Kw'alaams First Nation by Northern Gateway. The letter stated the Lax Kw'alaams First Nation position that it was premature to discuss economic benefits arising from the Project. The Lax Kw'alaams First Nation also did not want to discuss technical pipeline issues. The Lax Kw'alaams First Nation advised that they wanted to have concerns relating to risk addressed before other dialogue took place in relation to the Project. In May 2011, Northern Gateway sent a letter to the Lax Kw'alaams First Nation, advising that in May 2010, Northern Gateway had applied to the National Energy Board for approval of the Project, and that the JRP would assess, through a hearing process, if the Project is in the Canadian public interest. The letter enclosed Hearing Order OH-4-2011, outlining the procedures to be followed by the JRP in coming to this determination, as well as hearing participation details and related deadlines.

July 2012

Page 6-77

Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

In June 2011, Northern Gateway sent a letter to the Lax Kw'alaams First Nations acknowledging receipt and responding to the Lax Kw'alaams First Nations' letter of April 2011. In its response, Northern Gateway addressed issues raised in the letter from the Lax Kw'alaams First Nation. Northern Gateway also confirmed its willingness to facilitate a technical meeting at the convenience of the Lax Kw'alaams First Nation where the community's concerns and interests could be discussed. In June 2011, Northern Gateway received a letter from the Lax Kw'alaams First Nation in response to Northern Gateway's letter dated May 2011, wherein Northern Gateway provided notice of the Hearing Order, among other matters. Further to prior correspondence, the letter addressed issues and concerns regarding the protection of Lax Kw'alaams rivers, coastal waters and marine resources. In June 2011, Northern Gateway met with Lax Kw'alaams First Nation to discuss potential procurement, employment and training opportunities for members of Lax Kw'alaams First Nation. Northern Gateway also discussed potential employment opportunities for Lax Kw'alaams members in Enbridge Inc.'s operations in the Athabasca region. The Lax Kw'alaams First Nation committed to providing Northern Gateway with a contact in their employment and training department. To date, Northern Gateway has not received this information. In September 2011, Northern Gateway sent a letter to the Lax Kw'alaams First Nation proposing a meeting to discuss the community's concerns in relation to the Project. Northern Gateway also wanted to discuss the potential structure of a suite of benefits designed to address the community's unique interests. The letter also gave notification of the availability of the AOA for review. In December 2011, Northern Gateway sent a letter to the Lax Kw'alaams First Nation reiterating its ongoing commitment to attend a meeting in the community along with technical representatives. Northern Gateway will continue to keep the Lax Kw'alaams First Nation apprised of Project-related information and is always open to continuing to engage with the Lax Kw'alaams First Nation in Project dialogue, to the extent that the Lax Kw'alaams First Nation is reciprocally interested and willing.

6.9.11

Coastal First Nations/Turning Point Initiative/Great Bear Initiative

In late September 2011, Northern Gateway executives and Enbridge's CEO met with the Coastal First Nations. Representatives from the Council of the Haida Nation, Haisla Nation, Heltsuik Nation, Gitga'at Nation, and Kitasoo/Xai'xais Nation were in attendance. Enbridge's CEO committed to resetting the table and finding a renewed meaningful dialogue with Coastal First Nations. Coastal First Nations requested an outright stay of the JRP process and Northern Gateway expressed interest in working with the parties to find ways to constructively augment the JRP process. In October 2011, Northern Gateway received a letter from the Coastal First Nations reiterating their request for an outright stay of the JRP process. Northern Gateway responded to the letter by telephone to convey that Northern Gateway had carefully considered the Coastal First Nation's request, but on balance, was not able to support the request for an outright stay of the JRP process. Northern Gateway indicated that it remains open to working with the Coastal First Nations to find ways to constructively augment the JRP process.

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July 2012

Attachment 17 to Northern Gateway Reply Evidence

Aboriginal Engagement Reply & Update Section 6: Engagement Updates

Northern Gateway will continue to keep the Coastal First Nations apprised of Project-related information and is always open to continuing to engage with the Coastal First Nations in Project dialogue, to the extent that they are reciprocally interested and willing.

6897358_30|CALDOCS

July 2012

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