Participant Funding Program - Aboriginal Funding Envelope
Funding Review Committee's Report
Allocation of Federal Funds for the Combined Phase I and Phase II Funding for the Raven Underground Coal Mine Project
The Participant Funding Program (PFP) is established pursuant to subsection 58(1.1) of the Canadian Environmental Assessment Act(the Act), which states: For the purposes of this Act, the Minister shall establish a participant funding program to facilitate the participation of the public in comprehensive studies, mediations and assessments by review panels. The PFP includes an Aboriginal Funding Envelope (AFE) to strengthen the ability of Aboriginal groups to participate in federal or joint environmental assessment (EA) processes and in related consultation activities. The PFP is administered by the Canadian Environmental Assessment Agency (Agency).
A funding review committee (FRC), independent of the review process, was established to assess applications for funding under the AFE for the Raven Underground Coal Mine Project (the Project) on eastern Vancouver Island near Fanny Bay on Baynes Sound, and recommend a funding allocation to each of the applicants. A total of $379,800 was made available to enable applicants to participate in the comprehensive study process for the Project. Eligible activities include:
- reviewing the project proposal;
- informing potentially impacted communities about the proposed project and collecting their input on any issues that have been identified or providing Aboriginal traditional knowledge relating to the Project;
- participating in consultation meetings with the federal government regarding the EA;
- reviewing and providing comments to the Agency on the proponent's Application (Environmental Impact Statement);
- reviewing and providing comments to the Agency on the comprehensive study report (CSR); and
- preparing a submission to the Agency that presents the information it has gathered with the funding provided.
On August 11 and 12, 2010, an independent funding review committee met to review the applications and recommend an appropriate level of funding to be awarded to each applicant under the Agency's PFP-AFE for participation in the EA process.
The FRC concluded, at that time, that:
- some of the applications were for Phase I activities only;
- information was lacking in some of the applications, particularly details on how the funding would be used;
- in the interests of more efficient and effective participation, greater effort should be made by some of the applicants to coordinate their review activities and where possible, to combine applications; and
- several key First Nation groups, with claims of traditional territory near the mine site or adjacent to the proposed transportation routes, had not yet applied for funding.
The Agency PFP-AFE requested additional information from the existing applicants, and checked with groups, which had not yet applied for funding, on whether or not they intended to do so.
In response, five of the applicants decided to submit a single joint application and two applications were received from new applicants. The FRC was reconvened on September 7 and 8, 2010 to review the now 12 applications received for the Project. The 12 applications reviewed by the FRC requested a total of $852,644.04.
The FRC members were Mr. Bruce Young, former Director of Panel Management at the Agency, acting as Committee Chairperson; Dr. George Kupfer, Environmental and Socio-Economic Consultant; and Mr. Ray Crook, Environmental Assessment Consultant.
Background
Compliance Coal Corporation (the Comox Joint Venture and the proponent) proposes the development of an underground coal mine, including a coarse and fine rejects rock dump, located approximately 20 kilometres south of Courtenay on eastern Vancouver Island, British Columbia. The proposed mine site would have a project footprint of about 200 hectares. The proponent estimates that the proposed development would mine 44 million metric tonnes of raw coal and rock over 20 years (at an average rate of 2.2 million tonnes per year) to produce between 1.0 and 1.5 million tonnes of saleable clean coal per year. Mining operations would generate approximately 1,000,000 cubic metres of fine rejects and 9,000,000 cubic metres of coarse rejects over the life of the mine. The majority of the proposed development would occur within the Cowie Creek drainage, which flows into Fanny Bay on Baynes Sound. Compliance Coal Corporation proposes to transport coal from the mine by truck on existing highways 80 kilometres south to the port of Port Alberni. Port upgrading work at the port of Port Alberni is to be conducted by the proponent to enable shipment of coal offshore.
A Notice of Commencement of a federal EA pursuant to the Act was posted to the Canadian Environmental Assessment Registry Internet site on July 19, 2010.
The Project is also subject to review under British Columbia's Environmental Assessment Act. A cooperative EA is being coordinated with British Columbia's Environmental Assessment Office (EAO), with the Agency designated as the Federal Environmental Assessment Coordinator.
Eligibility
Under the PFP-AFE, funding may be provided to Aboriginal groups that plan to engage in Aboriginal consultation activities with the federal government that are linked to the EA of a proposed project through a comprehensive study, mediation or review panel. The funds can be used to support engagement in consultation activities and input to the EA.
Applicants must demonstrate that they meet at least one of the following three eligibility criteria:
- Have a direct, local interest in the Project, such as a residence in the area or historical or cultural ties to the area likely to be affected by the Project;
- Have community knowledge or Aboriginal traditional knowledge relevant to the EA; and/or
- Have expert information relevant to the anticipated environmental effects of the Project.
Funding from other sources that is known to have been made available to or received by Aboriginal groups related to the review of a project is considered by the FRC, as are any partnerships between the applicants and other participants in a project assessment.
Rationale for Allocation
The FRC based its recommendations on the information that was contained in the funding applications and on information provided by Agency staff regarding the cooperative provincial and federal EA and Aboriginal consultation plans for the Project.
The FRC noted significant variations in the amount of detail provided in the applications submitted and was appreciative of the applications that provided an appropriate level of detail to support the funding requests. The FRC was pleased with the willingness and efforts made by some of the applicants to collaborate with other Aboriginal groups, including the submission of several collaborative applications.
The FRC recommended awarding a total amount of $448,664.96 to the twelve applicants.
Recommendation
The FRC recommends allocating a total of $448,664.96 to the twelve applicants to participate in the comprehensive study process.
The Participant Funding Review Committee
Raven Underground Coal Mine Project
Aboriginal Funding Envelope - Phases I and II
________________________________________
Bruce Young, former Director of Panel Management at the Canadian Environmental Assessment Agency, Committee Chairperson
________________________________________
George Kupfer, Environmental and Socio-Economic Consultant
________________________________________
Ray Crook, Environmental Assessment Consultant
Recommended Participant Funding Allocations
Raven Underground Coal Mine Project
Aboriginal Funding Envelope - Phases I and II
| Applicant | Total amount recommended |
|---|---|
| Sliammon First Nation | $5,008.00 |
| Lake Cowichan First Nation | $8,939.00 |
| Stz'uminus First Nation | $9,850.00 |
| Lyackson First Nation | $8,200.00 |
| Halalt First Nation | $8,499.00 |
| K'omoks First Nation | $120,987.40 |
| Laich-Kwil-Tach Treaty Society | $56,271.56 |
| Cowichan Tribes | $6,000.00 |
| Métis Nation B.C. | $16,000.00 |
| Maa-nulth Treaty Society | $155,300.00 |
| Tseshaht First Nation | $21,110.00 |
| Hupacasath First Nation | $32,500.00 |
| Total | $448,664.96 |
Document Reference Number: 9