Aboriginal Affairs

Access to land can be a complex matter due to a wide range of issues including the unique rights of First Nations, Inuit and Métis communities. Aboriginal and Treaty rights are still being defined in the courts because of historical treaty misunderstandings, unsettled land claims and disputes over jurisdiction on lands that have been traditionally used by Aboriginal peoples.

Although some of these issues can only be addressed through political or judicial processes, pipeline operators work with Aboriginal communities to mitigate concerns about the impact of pipeline development on traditional Aboriginal economies, the physical attributes of the environment and the social health of Aboriginal communities.

Rights of Way on Aboriginal Land

When a proposed pipeline right-of-way must be constructed through reserve lands or impact traditional use areas, companies and the First Nation community work together to determine where the pipelines will have the least impact on the community and the environment. Pipeline operators and First Nation communities work to develop solutions that will provide benefits to both groups. Benefits may include jobs and business opportunities arising from pipeline construction and operation, and revenues from property tax payments on reserve lands and compensation for use of reserve lands for access and surface facilities.

The industry also works on property tax issues with the First Nations Tax Commission (FNTC)which is responsible for examining taxation bylaws proposed by First Nations and making recommendations to the federal Minister of Indian Affairs and Northern Development.


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Employment

Pipeline operators encourage Aboriginal employment and business development opportunities in a variety of ways, such as:

  • breaking up larger contracts to give smaller contractors an opportunity to compete
  • waiving bonding requirements where necessary
  • requiring contractors to hire Aboriginal people
  • including an Aboriginal participation clause in all projects tenderedLI>

For additional information go to the Construction Sector Council www.csc-ca.org


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Training and Education

Pipeline operators recognize that Aboriginal communities throughout Canada represent a significant source of potential employees. To that end, most pipeline operators offer, as part of their corporate social responsibility programs, education and training opportunities for interested and qualified Aboriginal people.

These may take the form of scholarships and bursaries for individuals or contributions to energy-related programs at post-secondary institutions.

One example is the Pipeline Operations Training Committee (POTC) a joint government/industry committee set up to develop and support training programs that prepare northern residents for highly skilled professional level positions in the pipeline operations area.” Members of the POTC include the federal government, Government of the Northwest Territories, Mackenzie Gas Project proponents and Aurora College. (www.auroracollege.nt.ca ; www.auroracollege.nt.ca)

The program offers both technical training and apprenticeship opportunities.

As well, the Canadian government is providing $85 million over the period from 2003 to 2008 as part of the Aboriginal Skills and Employment Partnership (ASEP) program. ASEP is a partnership initiative involving Aboriginal groups, corporate employers, and provincial and territorial governments aimed at securing and increasing Aboriginal participation in large economic developments in and near their communities. ASEP's overall objective is sustainable employment for Aboriginal people in major economic initiatives, leading to lasting benefits for Aboriginal communities, families and individuals.

Pipeline operators sometimes become involved in “capacity building,” where the industry helps Aboriginal communities develop the tools required to make decisions about pipeline development and maintain a sustainable community well in to the future.


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Impact on Traditional Way of Life

While building and operating pipelines can bring economic and employment prospects, the process can also put pressure on the traditional way of life. Such long-established and time-honoured practices as hunting, trapping and fishing are vulnerable, especially in the construction phase, but operators work to minimize social and environmental impact.

Large numbers of incoming population, new technology, and industrial development pull the Aboriginal people between the benefits of modernization, and the preservation of a traditional way of life.

Aboriginal communities and the pipeline companies that work with them focus on finding a balance between economic prosperity and traditional roots.


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Using Traditional Knowledge

Traditional Environmental Knowledge (TEK) is a body of local environmental knowledge and beliefs transmitted through oral tradition and first-hand observation based upon living in close contact with nature (definition from CEMA TEK Standing Committee). This knowledge is the product of experience gained over hundreds of years and encompasses environmentally related practices such as determining the best sites for communities, architecture, agriculture, hunting and fishing, transportation routes and communication with other communities.

Traditional knowledge helps ensure the land, forest, air, water, wildlife and biodiversity in the project areas are protected, sustained and restored over the long term.

Pipeline operators are forming partnerships with Aboriginal communities and integrating traditional knowledge into the planning, construction and operation of their pipeline projects.