Work to continue despite appeals on natural gas storage pond

Sipekne’katik First Nation has filed an appeal with Nova Scotia’s Minister of Environment claiming the province “failed to accommodate and engage in deep and meaningful consultation” before granting industrial approval to AltaGas Ltd. for the operation of the Alton natural gas storage pond project in Sipekne’katik traditional territory.

“There was consultation, but with a very narrow focus,” said Jennifer Copage, Sipekne’katik consultation coordinator.

In the 12-page document filed Feb. 18, one day before the appeal deadline, Sipekne’katik claims that “the content and scope of the duty of consultation and accommodation owed to Sipekne’katik was significant, because Sipekne’katik has established rights at stake.”

Sipekne’katik is asking that the industrial approval, which was granted by the province on Jan. 20, be stayed until the final decision on the appeal.

However, Environment Minister Margaret Miller, who has 60 days to rule on any appeals, said work will continue on the project.

Sipekne’katik is not the only appeal on the project. Colin and Valerie Hawks, representing the local community of Brentwood, and Shubenacadie†River Commercial Fishermen’s Association, both of whom joined Sipekne’katik in making the nation’s announcement, have also filed appeals.

Copage says there has been no discussion as to the next steps if the nation’s appeal is not granted.

The Assembly of Nova Scotia Mi’kmaq Chiefs has not filed an appeal.

“We respect (Sipekne’katik’s) position if they wish to appeal. We respect that Sipekne’katik has its own process,” said Twila Gaudet, consultation liaison with the assembly.

Sipekne’katik decided to go on its own in consultations with the province on the Alton natural gas storage pond project.

In March 2013, Sipekne’katik withdrew from the process, which involved consultation between the province and the Kwilmu’kw Maw-klusuaqn Negotiation Office (KMKNO),which takes its direction from the assembly. However, Sipekne’katik continued to have technical representation with the KMKNO.

In its appeal papers, Sipekne’katik contends that the province did not consult with the First Nation from the time Sipekne’katik withdrew from the KMKNO process to Sept. 17, 2014. When Sipekne’katik was finally included in consultation again, Sipekne’katik expressed concerns about the environmental assessment. Sipekne’katik further contends that consultation with KMKNO was not the same as consultation with Sipekne’katik.

To this point, Gaudet says the assembly has approved the third party review and the mitigation measures, both of which focus on fish and fish habitat, put in place for the Alton natural gas storage pond project.

In a news release issued by the assembly, Chief Paul Prosper, lead chief of the assembly’s energy portfolio, said, “We pushed the province further than they normally would have gone with environmental protections.† We saw that changes were made to the project design and operations to avoid any impacts or damage. We successfully argued for a more extensive operational shutdown during spawning seasons to protect all fish species, including striped bass. These are all significant accommodations.”

“We know there’s still outstanding concerns about the project and Ö there’s still further consultation required,” said Gaudet.

On Jan. 21, Sipekne’katik withdrew its membership from the Assembly of Nova Scotia Mi’kmaq Chiefs.

Work began in 2002 on exploration for an Alton natural gas storage project site. In December 2007, Alton natural gas storage received environmental assessment approval from Nova Scotia to proceed with developing of the brining facilities. In May 2013, Alton natural gas storage received environmental assessment approval from Nova Scotia to proceed with the development of the gas pipeline. Last fall the project came to a halt because of protests and further consultations were undertaken.