VOLUME 4 - ISSUE 2 ///// APRIL 2015
LNG REALITY OR FANTASY?
REZLAND DEVELOPMENT CONFERENCE
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NABOC PRINCE RUPERT 2015
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PUBLISHER Geoff Greenwell 2G Group of Companies geoff@2ggroup.ca MANAGING EDITOR Marlon Louis editor@aboriginalmarketplace.com DESIGN / PRODUCTION Tina Skujins tina@2ggroup.ca
IS LNG BC’S ECONOMIC FUTURE?
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///// IN THIS ISSUE
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REZLAND 2015 NEW - ABORIGINAL LAND DEVELOPMENT, COMMUNITY INFRASTRUCTURE AND URBAN PLANNING CONFERENCE
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NABOC OSOYOOS A PERENNIAL CONFERENCE FAVOURITE
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2015 NABOC PRINCE RUPERT SHAPING UP TO THE BE THE BIGGEST EVER
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MITACS - ABORIGINAL COMMUNITIES ENGAGEMENT
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WESTERN CANADA MARINE RESPONSE CORPORATION
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PROVIDING CERTAINTY IN UNCERTAIN TIMES
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PREPARE ABORIGINAL WORKERS FOR EMPLOYMENT
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IMPACTS OF TSILHQOT’IN - PART VII
ADVERTISING SALES Marlon Louis editor@aboriginalmarketplace.com CONTRIBUTORS Geoff Greenwell, Keith Henry, Frank Bush, Duncan Phillips & Rob Miller 2015 PRODUCTION SCHEDULE April/June, Aug/Sept, Oct/Nov & Dec/Jan DISTRIBUTION Aboriginal Marketplace is published by 2G Group of Companies ©2012 all rights reserved. The magazine is distributed globally online and in printed form in Canada. The views expressed in the Aboriginal Marketplace are those of the respective contributors and not necessarily those of the publisher or staff.
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///// FEATURES 07 KEEPING IT RIEL
WWW.ABORIGINALMARKETPLACE.COM
Aboriginal Marketplace - April - June 2015 3
Valuation & Litigation Support
Assurance & Audit Taxation
Training Solutions Consulting
Intervention Services Corporate Finance Succession Enterprise Risk Investigative & Forensic Services
Circle of Opportunity For more than 25 years, MNP has invested more time and resources into understanding Aboriginal communities than any other national accounting and business consulting firm. With more than 800 Aboriginal clients across Canada, MNP has developed a comprehensive suite of services designed to maximize results while preserving your traditions. To stay connected visit us at MNP.ca/AboriginalSocial Contact Kenny Ansems, CPA, CA, CAFM, Provincial Director, Aboriginal Services, B.C. & Yukon at 250.734.4335 or kenny.ansems@mnp.ca
4 Aboriginal Marketplace - April - June 2015
Insolvency
RezLAND
NEW ABORIGINAL LAND DEVELOPMENT, COMMUNITY INFRASTRUCTURE AND URBAN PLANNING CONFERENCE
REZLAND 2015 is the first conference of its kind, focusing on the unique Aboriginal perspective on Land Development, Community Infrastructure and Urban Planning, and will be held at the Osoyoos Indian Band’s spectacular NK’MIP Resort from June 16th – 18th.
As more First Nations join the movement towards the development of Land Use codes/plans to get them out from under the cumbersome regulations in the Indian Act, the pace of development on Reserve land across Canada is rapidly increasing. There are lots of examples of successful land development on-reserve across Canada and several communities such as Squiala, TsleilWaututh, Westbank, Membertou and Osoyoos will be showcased on how they achieved their success. As always at Aboriginal Marketplace events there will be a focus on networking and information sharing as private sector
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he focus of the event will be technical in nature with 12 industry experts giving presentations on: Pre-Land Development Considerations, Legal Aspects of Land Development, Providing Safe, Clean, Community Drinking Water, Urban Reserve Development, How to Develop an Infrastructure Asset Management Plan, Developing a Land Use Code, Resort Development, Financing Community Infrastructure and Land Developments, Campground & RV Park Development, Shopping Mall Development, On-Reserve Housing Development and Land Use Planning.
and First Nations delegates rub shoulders at the conference. This event is designed for First Nations Public Works managers, Band Managers/Administrators, Housing managers and Economic Development officers. The intent of bringing together private sector land development experts with First Nations delegates with land development and community infrastructure responsibilities, is to share information on the latest technological advances and best practices in the industry sector.
Inez Jasper will perform live at RezLand
“REZLAND 2015 IS THE FIRST CONFERENCE OF ITS KIND, FOCUSING ON THE UNIQUE ABORIGINAL PERSPECTIVE ON LAND DEVELOPMENT, COMMUNITY INFRASTRUCTURE AND URBAN PLANNING.” Aboriginal Marketplace - April - June 2015 5
RezLAND
“For private sector companies REZLAND 2015 will provide an excellent opportunity to meet with the individuals from First Nations responsible for public works, housing and land development decisions and management. It’s a very unique networking opportunity for the private sector to have these kinds of key decision makers from numerous First Nations communities gathered together in one place,” said our CEO, Geoff Greenwell, when we talked about the concept of this event. “We also expect very strong attendance from the Aboriginal sector as there has never been an opportunity for this kind of knowledge sharing in the past,” added Geoff. Across the country we are seeing an increasing amount of development on reserve land with global companies such as Walmart opening numerous mega-stores on First Nations lands. Development land with appropriate zoning for commercial and industrial development is becoming very rare and expensive in municipalities and so reserve land on the edge of municipal boundaries is much sought after by the development community. Over the last decade there has been a lot of media attention on the continuing issues around poor quality drinking water on-reserve. The Federal government’s cumbersome approval process for community infrastructure funding perpetuates the problems, and so now many First Nations are seeking P3 partnerships to help build and repair critical community infrastructure such as water, sewer and roads. There will be opportunities at the conference for discussions amongst delegates on how best to work together to alleviate the funding and operating issues of community infrastructure. The two day event will include charity golf, a wine tour and banquet dinner with live entertainment. As always with Aboriginal Marketplace events delegates are guaranteed to have a good time as well as take away useful information and new contacts. For more information on the conference and to register go to www.2ggroup.ca and follow the links to the event.
“THERE WILL BE OPPORTUNITIES AT THE CONFERENCE FOR DISCUSSIONS AMONGST DELEGATES ON HOW BEST TO WORK TOGETHER TO ALLEVIATE THE FUNDING AND OPERATING ISSUES OF COMMUNITY INFRASTRUCTURE.” 6 Aboriginal Marketplace - April - June 2015
KEEPING IT RIEL ///// KEITH HENRY - PRESIDENT, BC MÉTIS FEDERATION K.HENRY@BCMETIS.COM
KEEPING IT RIEL FOR FAR TOO LONG I HAVE WATCHED AND LISTENED TO ABORIGINAL COMMUNITY LEADERS SPEAK ABOUT THE IMPORTANCE OF SELF SUFFICIENCY AND WHILE SOME COMMUNITIES HAVE EXCELLED, MANY HAVE NOT.”
THIS MONTH I AM PROUD IN MY MÉTIS COMMUNITY TO CELEBRATE A NEW INITIATIVE TO SELF SUFFICIENCY WHICH IS OUR ONLY WAY FORWARD.
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or far too long I have watched and listened to Aboriginal community leaders speak about the importance of self sufficiency and while some communities have excelled, many have not. It is clear today that the Federal and Provincial governments are reducing program and financial support for core operations of Aboriginal organizations yet the cultural, legal, and socio-economic need in Aboriginal communities is certainly not reducing. Therefore what can we do going forward as Aboriginal leaders?
It is from this perspective that I have devoted my life to building economic growth both in terms of jobs and contract opportunities. Like many other well respected First Nation leaders I am trying to push responsible planning and execution in this regard. The execution of economic opportunities is where many Aboriginal communities face challenges. As President of the BC Métis Federation Development Corporation I was proud to announce our first ever owned BC Métis Federation Development Corporation. Since November of this past year the organization took steps to complete a comprehensive business plan that would enable the creation of a new corporation to support Métis business owners and future joint venture opportunities. The BC Métis Federation Development Corporation plan sets the stage for the organization to advance economic development while separating politics from business decisions. The primary objective of
the Development Corporation is to provide revenues to support the BC Métis Federation, members, business owners, and partner communities. Today we have over 30 Métis businesses signed up and we are implementing steps to ensure sound corporate governance and qualified staff. This is an exciting new initiative and we welcome partners to join our vision to achieve true self sufficiency. For more information about the BC Métis Federation Development Corporation please go to http://bcmetis.com/about/developmentcorporation/. For more information about the BC Métis Federation please go to our website www.bcmetis.com. Just trying to keep it Riel! k.henry@bcmetis.com
Aboriginal Marketplace - April - June 2015 7
We are honoured to sponsor the NABOC Prince Rupert. Your commitment to the community inspires us all. It’s important to build relationships based on mutual respect, shared values, and a common understanding. That’s why RBC® has a long history of partnering with associations and organizations serving Aboriginal communities from coast to coast to coast. Together, we can create a strong and sustainable future for all.
Banking | Community | Employment | Procurement
M. (Malte) Juergensen Senior Account Manager, Commercial Financial Services RBC Royal Bank Phone: 250-635-8012
Richard Stanton Vice President and Portfolio Manager RBC Dominion Securities Phone: 250-635-8888 www.the stantongroup.ca
NABOC OSOYOOS A PERENNIAL CONFERENCE FAVOURITE
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or the last six years a regular event on many people’s calendars has been the annual National Aboriginal Business Opportunities Conference (NABOC) in Osoyoos hosted by Chief Clarence Louie. Started in 2009, NABOC Osoyoos is in its 7th year and has become one of the most popular Aboriginal/Private Sector business networking events in western Canada. All 6 previous years events have sold out and the feedback from delegates has
NK’MIP DESERT CULTURAL CENTRE, IT’S SUCH A GREAT OUTDOOR VENUE FOR LISTENING TO MUSIC WHILE YOU’RE EATING UNDER THE STARS
been increasingly positive year-on-year. So why change an event that is so successful? We asked 2G Group CEO Geoff Greenwell for his reasoning behind the change in format of the 2015 event? “We continually ask our delegates for feedback at all of our events and we take onboard as many
of the good suggestions as we can; this helps us ensure that we are creating good value for our clients when they attend our events,” said Geoff. “People love coming to the Osoyoos Indian Band’s NK’MIP Resort anyway, it is such a special place and has a fantastic aura of positive energy, however as always we wanted to improve on previous years,” added Geoff. “For this September’s event we have added a special day for Aboriginal delegates only in front of the regular two days of networking we usually have. We did this last year to great reviews and day one this year will once again be dedicated to sharing information on Impact Benefit Agreements. It will be Aboriginal delegates and representatives of Aboriginal business groups only; no private sector and no government will be allowed in. The intent of this one day session, which will be led by prominent IBA lawyers, is to allow for open dialogue and information sharing about IBA’s between Aboriginal groups,” Geoff explained. “Days two and three of the event are open to all delegates and we are putting together some excellent presentations for Day two, as well as creating a schedule to allow for all-day one-on-one networking Aboriginal Marketplace - April - June 2015 9
and business pitching on Day three,” explained Geoff. “People want to do more networking and less listening so we’ve altered the format of the event to maximize the networking opportunities and slim down the plenary sessions to just one day.” “We’re very pleased to announce that First Nations comedian Ryan McMahon is going to be one of MC’s at NABOC Osoyoos, Ryan has started to work as a facilitator and MC lately, and so we decided that his sharp wit and relaxed style of delivery would be a perfect fit for the atmosphere we like to create at our events,” said Geoff. “We’re also working on some great musical talent for the hospitality events at the NK’MIP Desert Cultural Centre, it’s such a great outdoor venue for listening to music while you’re eating under the stars.” “The theme of this year’s event is ‘Moving Forward Together’ and to ensure we get the right mix of private sector people to network with our Aboriginal delegates we’ve been doing personal invitations; Private 10 Aboriginal Marketplace - April - June 2015
Ryan McMahon will perform live at NABOC
sector delegate space will be limited to 120 with another 80-100 spaces being held for Aboriginal delegates.” “It really is Time to Move Forward,” said Chief Clarence Louie when we talked with him recently. “It’s time for all business leaders in this country to help end the Aboriginal dependency cycle. We need to work together to create business opportunities and joint ventures that benefit both aboriginal communities and private sector businesses. We have a sub-theme at this year’s event of the ‘National Aboriginal Business Leadership Summit’ because we want to see leaders and decision makers around the table,” added the Chief. The conference is being held from September 15th – 17th for information and to register for the 2015 National Aboriginal Business Opportunities Conference in Osoyoos go to www.2ggroup.ca Book your travel through Aboriginal Travel Services and help support students bursaries. www.aboriginaltravelservices.com
Connecting our services to your needs. Our group of professionals and technical experts provide local solutions to business opportunities. A cornerstone of our team is our commitment to First Nation relationships and their integration into our projects through participation and career development. Let us deliver your solution in a timely, cost-effective, safe manner.
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IS LNG BC’S ECONOMIC FUTURE? BY: GEOFF GREENWELL, CEO 2G GROUP OF COMPANIES
At NABOC Prince Rupert this year there is no doubt that the big focus will be the LNG industry and the question everyone wants answered which is: “will LNG actually happen?” The BC Liberal government, and Premier Christy Clark in particular, are clinging to the hope of an LNG industry to give them another term as the controlling party in the province. If LNG happens in the next couple of years they will gain enormous popularity from the jobs and prosperity that will be spun-off from the industry. If the LNG dream implodes due to global economic factors, so probably will the Liberals dream of another term. Nowhere is the tension around the LNG industry more intense than in Prince Rupert, where the city’s entire economic future sits on a knife edge. The tension is palpable in the bars and coffee shops in the city, and almost every conversation revolves around the “will LNG go or not?” question. With new proponents joining the LNG race almost monthly over the last 2 years, it
has become hard to keep track of all of the proposed projects, where they are going to be located, which companies are behind them and where they are at with environmental assessment work, pre-feasibility studies and export license applications. Collectively the LNG proponents are spending hundreds of millions of dollars on the ‘due diligence’ these massive investment decisions require. Decisions that really will not be made in Canada, rather they will be made in boardrooms in Malaysia, Australia, the USA, the UK, Japan, China and other countries whose governments and corporations have a stake in BC’s big LNG race. The recent downturn in Canada’s oil production, due to the squeeze being put on North American oil producers by OPEC, is perhaps the proverbial ‘dark cloud with a silver lining’ for BC’s potential LNG industry. This downturn, and the resulting widespread lay-offs of skilled workers, gives the LNG
proponents access to the army of skilled labour needed for their projects. This solves an enormous potential problem for the construction phases of these mega-projects. 2015 seems to be the ‘make or break’ year for BC’s hope of an LNG industry. Pacific Northwest LNG is scheduled to be the first proponent to make a ‘Final Investment Decision’ with an announcement promised for June. If they say yes there’ll be a modern-day equivalent of a gold-rush as companies and investors race to Prince Rupert to be involved. If they say no there’ll be a shockwave which will cause an immediate drop in real estate values in Prince Rupert and other BC resource communities depending on LNG for their economic futures. So will it be YES or will it be NO? Maybe we’ll get some answers at NABOC Prince Rupert in late April. In the meantime there are an awful lot of folks holding their collective breath, crossing their fingers, touching wood, praying to their gods and hoping desperately that the LNG dream comes true!
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12 Aboriginal Marketplace - April - June 2015
www.necvancouver.org
THANK YOU TO OUR NABOC PRINCE RUPERT
2015 SPONSORS MAJOR SPONSORS:
WELCOME RECEPTION SPONSORS:
HOSPITALITY EVENT SPONSORS:
KEYNOTE SPEAKER / MC SPONSOR:
COMMUNICATIONS SPONSOR:
DELEGATE LANYARD SPONSOR:
An initiative of www.2ggroup.ca
HOST CHIEF AND MAYOR SPONSORS:
BANQUET DINNER / WINE SPONSORS:
COMMUNITY VESSEL SPONSOR:
SESSION SPONSORS:
LUNCH SPONSORS:
TRAVEL PARTNER:
HOST COMMUNITIES SPONSOR:
CONFERENCE VIDEO SPONSOR:
REFRESHMENT BREAK SPONSORS:
MEDIA PARTNER:
AUDIO VISUAL SPONSORS:
GOLF HOLE SPONSORS:
Aboriginal Marketplace - April - June 2015 13
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14 Aboriginal Marketplace - April - June 2015
Building Partnerships with Aboriginal Communities At Britco, we believe that successful relationships are defined by balance, fairness and respect. That’s why we’re committed to meaningful engagement with Aboriginal People in communities and on traditional territories where we work. We engage Aboriginal communities in these ways: • Youth and Literacy Programs
Through our community literacy initiative, Britco is providing library facilities to First Nations in remote locations throughout BC. With our partners at Indspire, we are funding scholarships for Aboriginal youth.
• Jobs Training and Skills Development Agreements
Our jobs training and skills development agreements enable Aboriginal students enrolled in education and trades programs to develop skills that will help them advance their career in the construction industry by learning and working at Britco.
• Progressive Business Partnerships
With revenue sharing business partnerships with First Nations across BC, Britco is focused on developing long-term opportunities for Aboriginal communities.
2015 NABOC PRINCE RUPERT SHAPING UP TO THE BE THE BIGGEST EVER
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he National Aboriginal Business Opportunities Conference (NABOC) Tour has been stopping in Prince Rupert at the end of April since 2010, and has been co-hosted by the communities of Metlakatla and Lax Kw’alaams First Nations. From April 28th – 30th 2015, Prince Rupert will once again be Canada’s #1 business hot spot as NABOC expects to welcome over 400 delegates from regional First Nations and global private sector companies who will all have a focus on creating joint ventures, partnerships, and long-lasting business relationships with one another. Delegates will travel in from across Canada, Asia, Europe, Australia and the USA for 3 great days of business networking. On the evening of the 28th, prior to the main event, there will be a welcome reception at the Crest Hotel hosted by Keller Canada and McElhanney with an early bird registration desk outside the reception room. The main
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conference will open to all delegates at 7:30am on the 29th and carry over onto the 30th. As usual there’ll be great networking opportunities, informative plenary sessions, charity golf and a banquet dinner with live entertainment. As NABOC events have become known to be a gathering place of leaders and decision makers, all groups in attendance will share common interests in creating their own opportunities, and getting involved in the upcoming projects scheduled to take place in the northwest of BC. The proposed LNG projects, the Northwest Transmission Line, the other port related developments, along with the energy and mining opening up in the region will all create excellent opportunities for local First Nations to partner with private sector groups. These projects will not only translate into increased employment opportunities, but also an increase in education and training opportunities in the Northern region.
“Since the 1st annual NABOC Prince Rupert event in 2010, over $60 billion worth of development projects have been proposed for this region and with all of these upcoming projects we’ll certainly see continual growth in and interest in our annual event,” stated Geoff Greenwell, CEO of 2G Group. “Growing from 250 delegates and 20 exhibitors in 2010 to 440 delegates and 80 exhibitors in 2014 was a big logistical challenge for our team, but we worked hard with both the Civic Centre and Convention Centre staff to make sure our delegates had positive experiences, the addition of the North Coast Job Fair in 2014 was also very well received by the local community and our exhibitors who were looking to hire local people.” The North Coast Job Fair will once again be held in conjunction with NABOC Prince Rupert in 2015. “Projects that were only topics of discussion at the first NABOC Prince Rupert event in 2010 are now starting to gain traction and come to
fruition as many companies have since then established successful and positive partnerships with BC’s northern First Nations groups. These First Nation groups are now paving the way forward by forming joint ventures with large private sector groups and working closely to establish partnerships in a constructive and respectful manner,” Geoff explained. Ryan Leighton, the Director of Operations for the Metlakatla Development Corporation commented that “NABOC has become the most important First Nations/private sector business conference in northern BC, our development corporation gets great profile and exposure from it. There is much to gain from attending NABOC, business groups are coming together to build upon the partnerships they have and also to establish new ones.” “The NABOC event is a really important venue, it brings together communities, industry and likeminded business people under one roof, where together they are signing multi-million dollar project contracts, employing local people and investing into the communities” commented Councillor Chris Sankey of the Lax Kw’alaams First Nation. Each year, more and more organizations
attend the NABOC Prince Rupert event in hopes of establishing equitable and beneficial relationships with local First Nation groups. All regional First Nations have openly declared that ‘our doors are open for business’ and they are actively seeking successful joint ventures and partnerships with private sector groups. Neil Philcox from The Blended Capital Group has attended every NABOC Prince Rupert event and stated that, “NABOC is an energetic gathering of Aboriginal leaders, industry participants and entrepreneurial talent. It is an important opportunity to learn from those who have successfully established new business ventures, and to support leaders who are building stronger economic foundations for their communities. The Blended Capital Group attends all NABOC events and we look forward to the upcoming Prince Rupert stop in 2015”. Sponsors for the 2015 NABOC Prince Rupert are showcased on the previous page and as usual CFNR will stream the event live and Aboriginal Marketplace magazine, CBC Radio and the Northern View will be providing media coverage. The banquet dinner on the evening of
April 30th is being held at the NorthCoast Convention Centre and after the meal delegates will be bussed to the Lester Centre for live performances from funny man Ryan McMahon and award winning musician George Leach. Each year 2G Group’s - Aboriginal Marketplace Events division continues to showcase existing partnerships and focus on creating new ones through the NABOC Conference Tour. Not only has the Prince Rupert stop become the most popular business networking event in northern BC, numerous multimillion dollar projects have been created based on relationships formed at this unique conference series. If you’re looking to expand and/or open up your business in the North and are interested in creating successful joint ventures and partnerships with local First Nation groups, then you don’t want to miss the 2015 NABOC Prince Rupert event. Put it in your calendar for 2015 to join the movers and shakers of northern BC from April 28th – 30th at the Jim Ciccone Civic Centre. For more information on attending as a delegate go to www.2ggroup. ca and follow the links to the event.
Aboriginal Marketplace - April - June 2015 17
Why Does LNG Matter to Me?
The creation of a liquefied natural gas (LNG) industry in northern British Columbia would result in new local jobs and contracting opportunities for years to come. The industry would provide benefits and careers in northern BC for both current residents and future generations.
Jobs and Training Pacific NorthWest LNG is committed to hiring as many qualified, local residents as possible for both the construction and operations of our facility. To support this important goal, we are developing training programs for local people interested in working in the LNG sector. Contact one of our Community Coordinators, or our Community Office to find out more!
Pacific NorthWest LNG is a proposed liquefied natural gas facility located on Lelu Island within the District of Port Edward. Stop by our booth, or visit our Community Office, to learn more! Prince Rupert Community Office Unit 105, 515 3rd Ave West Prince Rupert Phone: 250 622 2727 info@PacificNorthWestLNG.com PacificNorthWestLNG.com
Canadian Energy. Global Reach.
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BRINGING GLOBAL LNG TOWAGE EXPERTISE TO BRITISH COLUMBIA With a legacy of over 70 years in northern British Columbia, we are committed to working with First Nations communities Saam Smit Canada Inc. 2550 Fairview Avenue Prince Rupert, B. C. V8J 3R7 Tel 250-627-1331
Saam Smit Canada Inc. Alcan Road Kitimat, B. C. V8C 1A2 Tel 250-623-7176
Celebrating 75 years of serving our communities! Northern Savings’ story begins on the North Coast in the early 1940’s – with a simple purpose, to operate a savings and loans operation, allowing fishermen to chart their financial future by investing in their own boats and resources. Over the years, Northern Savings has expanded its services to offer our membership a full range of personal and commercial banking services as well as insurance, and wealth management services. Northern Savings has built itself into one of the largest credit unions in Northern BC with assets approaching one billion dollars, a staff of almost 200 dedicated professionals and four branches located in Masset, Prince Rupert, Queen Charlotte and Terrace. Our co-operative roots have remained resilient throughout the years and helped shape our credit union. Northern Savings’ success stems from our dedicated members, employees, and the communities we serve.
www.northsave.com
MITACS M
ABORIGINAL COMMUNITIES ENGAGEMENT BY: DUNCAN PHILLIPS
itacs Strategic Enterprises (MSE), a unit within Mitacs that develops and pilots new initiatives that have the potential to evolve into Mitacs programs, is developing a potential new program for Mitacs to better engage with Canada’s Aboriginal communities. In January 2015, an initial “concept document”
In order to test the methodology of this potential program, a small number of pilot projects will be undertaken. An analysis of the how well these projects work will help the community, and Mitacs, determine whether the program should go ahead, and in what form. If the decision is made to proceed, then the success of the pilot projects will provide the data and justification for the necessary applications for sustainable funding for the program.
increased exchanges of knowledge, but to try to address burning social, governmental, and economic issues facing this country. Mitacs, Canada’s leading not-for-profit National research network, has developed a reputation for creating successful partnerships between Canadian communities, organizations and companies on the one hand, and Canada’s world-class post-secondary educational institutions on the other, leading to students, under the guidance
“CURRENT MITACS PROGRAMS ARE MAINLY APPLIED TO RESEARCH-FOCUSED TECHNOLOGY CHALLENGES PRESENTED BY A COMPANY, AND PROGRAM FUNDING RULES OFTEN SERVE TO LIMIT THE OPPORTUNITY FOR WIDER ENGAGEMENTS.”
was circulated to close to 100 individuals Aboriginal and non-Aboriginal contacts and stakeholders from past Mitacs projects, for feedback. Over the ensuing eight weeks, the document evolved to the point where there was general consensus as to what this program, if it is to be created, might look like.
As of April 2015, the processes of empaneling an “Aboriginal Academic Advisory Board” and selecting the pilot projects are under way. Program Overview Canada’s Aboriginal and Academic communities, working together, have the opportunity to develop not just closer ties and
of their academic supervisor and the partner organization, being deployed to take on questions and challenges nominated by the partner. Current Mitacs programs are mainly applied to researchfocused technology challenges presented by a company, and program funding rules often serve Aboriginal Marketplace - April - June 2015 21
MITACS to limit the opportunity for wider engagements. Other limitations are inherent in many other government-funded programs. The goal of this initiative is to create a new Mitacs program that is able to deploy students not just to try to answer the questions posed by Aboriginal community partners, but to help implement the answers through a collaborative research, engagement and development process. Mitacs is therefore proposing an Aboriginal Communities Engagement (ACE) initiative, which if successful will lead to a properlyfunded program of collaborative projects each of which would pair an Aboriginal community (or set of communities) with one or more Canadian post-secondary educational institutions, and if applicable other partners and stakeholders invited by the community. Each project would commence with an in-depth discovery phase, introduction of the students to the community,
MITACS, CANADA’S LEADING NOT-FOR-PROFIT NATIONAL RESEARCH NETWORK, HAS DEVELOPED A REPUTATION FOR CREATING SUCCESSFUL PARTNERSHIPS BETWEEN CANADIAN COMMUNITIES, ORGANIZATIONS AND COMPANIES determination of the project’s scope, and identification of any external stakeholders that the community feels should be involved. Project topics could include environmental, historic, cultural, social, developmental, educational, health, legal, constitutional, economic, business or technological opportunities and challenges facing the community. The initiative will start with a small number of pilot projects which will act as a proving ground for a methodology that is expected to become a model for projects that can benefit similar communities across Canada, and potentially internationally. The pilot projects are expected to begin in the Fall of 2015. The proposed Mitacs Aboriginal Communities Engagement program will thus deepen connections across communities and sectors and increase mutual awareness of innovation opportunities in Aboriginal communities across Canada, including emerging Aboriginal business sectors, and lead to enhanced educational opportunities for all students, from grade school to university, and from all backgrounds. Projects will be undertaken by university and college undergraduate and graduate students from diverse backgrounds across Canada, working under the academic supervision of leading Canadian researchers and an Aboriginal Academic Advisory Board. Aboriginal students will be encouraged to participate in the projects as researchers, and, as the program develops, to form a body of experts from partner communities who can share not 22 Aboriginal Marketplace - April - June 2015
only their expertise but also lessons from their own communities’ projects. PROPOSED PROJECT METHODOLOGY The proposed project methodology consists of three distinct phases: 1. Preparation: Outline definition of topic and goals, stakeholders, and budget. 2. Engagement Part 1: Immersion, discovery and planning. 3. Engagement Part 2: Research, development and knowledge mobilization. The preparation phase covers the steps necessary to create a potential engagement. There is no financial commitment on the part of the community or any other participants until a proposal and initial budget is agreed to by all participants, and the project is approved for funding by the community’s leaders, the Aboriginal Academic Advisory Board, and Mitacs.
Armed with the initial terms of reference provided by the community’s leaders, each project then starts with an in-depth discovery process to define and expand the project’s topics and objectives, and to place these within the social and cultural landscape of the community. The core of each project will be internships which will engage university and college
undergraduates, graduate and doctoral students, and post-doctoral fellows with the community. The students, from all applicable academic disciplines, will spend time with community leaders, invited partner organizations, and other stakeholders as well as at their home institutions. Aboriginal high school and college students and recent graduates will be hired as members of the project team. Any students participating in the project who are not from the community, will commence with an extended immersion – living in and with the community – in order for them to properly understand the community and its people, culture and way of life, and to prepare them for their work. The scope of part 2 is expected to include, as well as research, plans and activities directed towards building capacity within the community to undertake the development tasks identified and recommended during the project, mobilizing knowledge about how to achieve this, and implementing stewardship models to ensure the ongoing success of the work undertaken. The presentation at NABOC will provide more information about Mitacs, explore the proposed program methodology in detail, and offer an opportunity for attendees to suggest potential pilot projects for their communities.
Creating a world of Opportunities Kitimat LNG has the potential to generate significant growth and employment through the creation of a major new business venture focused on shipping liquefied natural gas from the West Coast of British Columbia to growing Asian markets.
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WESTERN CANADA MARINE RESPONSE CORPORATION (WCMRC) is one of four Transport Canada certified oil spill response organizations in Canada and the only one on the West Coast. The organization has successfully responded to marine oil spills in B.C. for nearly 40 years. WCMRC vessels, equipment and personnel are staged along B.C.’s coastline, ensuring a rapid response wherever a spill occurs. Marine traffic along B.C.’s coast is entering a period of significant growth. Both Port Metro Vancouver and the Prince Rupert Port Authority continue to expand trade to Asia. The LNG industry is looking to gain an export foothold in the province. Two oil pipeline projects have also been proposed. All of these activities will bring more ships to our waters. WCMRC’s mandate is to prepare for this potential growth. With growth comes opportunities. WCMRC has a history of working with and employing members of First Nation and coastal communities. For those that are interested in employment opportunities there will be a range of options. If energy export projects move ahead, WCMRC will be hiring oil spill response technicians and other qualified personnel. The local knowledge of both our full-time staff and our contractors is essential, especially in some of B.C.’s more remote communities. Aboriginal Marketplace - April - June 2015 23
PROVIDING CERTAINTY IN UNCERTAIN TIMES FRANK BUSCH - DIRECTOR OF INFORMATION & MARKETING, FIRST NATIONS FINANCE AUTHORITY - FBUSCH@FNFA.CA
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orking in the Aboriginal community, whether it is in the band office, for a non-profit or a social agency is fraught with uncertainty. Policies are subject to change, funding arrangements change and turnover due to the political process can change everything overnight. Those who are able to succeed are often the ones who are able to adapt quickly to the changing landscape and can manage stress effectively. But even those with years of experience in this environment can get burnt out. This is especially apparent when projects or initiatives that have been worked on for a substantial amount of time are suddenly cut or cancelled. It can be extremely frustrating.
Luckily for members of the First Nations Finance Authority, project financing can become a certainty through our long-term debenture financing program. By issuing a First Nations Finance Authority bond,
“WHILE NO ONE CAN PREDICT WHAT THE FUTURE MAY HOLD, IT IS NICE TO HAVE SOMETHING THAT IS BUILT UPON SOLID GROUND. THE FIRST NATIONS FINANCE AUTHORITY CAN HELP A FIRST NATIONS COMMUNITY TO CREATE SOME CERTAINTY IN THESE UNCERTAIN TIMES. REGARDLESS OF WHAT MAY HAPPEN AT THE POLITICAL LEVEL, WITH THE ENVIRONMENT OR ANY OTHER VARIABLES, A FIRST NATIONS FINANCE AUTHORITY LOAN CAN OFFER SOME STABILITY IN PROJECT FINANCING.” 24 Aboriginal Marketplace - April - June 2015
“THE FIRST NATIONS FINANCE AUTHORITY STAFF WORK HARD TO ENSURE THAT THE PROJECT FINANCING MATCHES THE REVENUE SOURCE USED TO SECURE THE LOAN, WITH NO SURPRISES.” members are assured “fixed” interest rates as opposed to the “floating” rates offered by traditional lenders. For First Nations with fixed income sources, a floating interest rate is insufficient. Sudden changes in the market can potentially make a project unviable and cause a default when the payment amount is suddenly too high. The First Nations Finance Authority staff work hard to ensure that the project financing matches the revenue source used to secure the loan, with no surprises. Why? Firstly, because we are 100% First Nations owned and governed. We work for our member communities who compose our Board of Directors. The other reason is because we have been there too and understand what a First Nation requires. Even for new member St Theresa Point, MB (an isolated, northern First Nation) access to long-term, low-rate financing for initiatives is possible.
A government (especially a First Nations government) must look to the future. Short-term funding arrangements have created systemic short-term thinking in the Aboriginal community. In order to improve quality of life in our community, First Nations must look ahead by improving infrastructure, investing in equipment and developing their economies. None of these objectives can be financed in a single fiscal year. As it can be a long time between Bond issuances and many First Nations projects are time sensitive due to seasonal changes, the First Nations Finance Authority also offers its members an Interim financing program. Our interim financing is designed to allow the First Nation to access capital on time at below bank prime rates. As of May 31st, 2014 our interim financing rate was 2.6% and is adjusted by market factors. It is subject to change but is a short
term solution until the next bond is issued to guarantee stability in capital planning. While no one can predict what the future may hold, it is nice to have something that is built upon solid ground. The First Nations Finance Authority can help a First Nations community to create some certainty in these uncertain times. Regardless of what may happen at the political level, with the environment or any other variables, a First Nations Finance Authority loan can offer some stability in project financing. With 33 First Nations members and rising, more and more First Nations are realizing the benefits of borrowing membership. With $54.3 million already working in our member communities, the First Nations Finance Authority is well on its way to achieving its goal of issuing a $100 million bond. Will your First Nation be a part of the future of First Nations finance? Aboriginal Marketplace - Jan/March 2015 25
PREPARE ABORIGINAL WORKERS FOR EMPLOYMENT ABORIGINAL PEOPLE WHO PARTICIPATE IN OUR PROGRAMS HAVE GREATER CHANCES OF SUCCEEDING IN TECHNICAL TRAINING AND ON-THE-JOB IN CONSTRUCTION AND MINING-RELATED OCCUPATIONS. INVESTING IN THE FUTURE OF THE ABORIGINAL WORKFORCE MEANS IMPROVED SKILLS, JOB READINESS, PERFORMANCE, AND RETENTION.
S
killPlan’s commitment to working with Aboriginal groups in the mining and construction industries results in essential skills services and products that align to industry needs, and results in skills training tailored for technical training and workplace success. For example, SkillPlan has collaborated with Goldcorp, Cree Human Resources Development (CHRD), and the Naskapi Nation, to design and deliver customized essential skills training, develop job profiles and assessments, and design and set up training centres. Examples of essential skills programs for mining include ore extraction, mineral processing, drillers and blasters and heavy equipment operators. In the construction industry, SkillPlan has partnered with Aboriginal groups including Musqueam Indian Band and ACCESS, to develop customized
essential skills training programs for such trades as carpentry, crane operation, electrical, plumbing, and welding. Aboriginal people who participate in our programs have greater chances of succeeding in technical training and on-the-job in construction and miningrelated occupations. Investing in the future of the Aboriginal workforce means improved skills, job readiness, performance, and retention. SkillPlan’s essential skills programs address skill gaps and prepare Aboriginals for lifelong success in their chosen occupations. Please contact us at info@skillplan.ca to learn more about SkillPlan’s services and products.
Aboriginal Marketplace - April - June 2015 27
IMPACTS OF TSILHQOT’IN - PART VII EMERGING TRENDS
BY: ROB MILLER - PRACTICE GROUP LEADER (FIRST NATIONS) ROB@MILLERTITERLE.COM
T
his article, the last in our seven part series on the Supreme Court of Canada’s recent Tsilhqot’in decision, provides an overview of the trends emerging as a result of the decision. The Tsilhqot’in decision, in addition to being the first time an Aboriginal group has proved Aboriginal title over a significant land base in Canada, set out a number of key principles regarding the nature of Aboriginal title (which are discussed in greater detail in Part I (link) of this series). These key principles set the stage for a fundamental shift in how the Crown, project proponents and Aboriginal groups interact when it comes to resource project development. In this part of our series in Tsilhqot’in, we discuss how this shift has been implemented in the six months following the decision.
THE CROWN
PHOTO: Parliament Hill in downtown Ottawa, Canada from the air. Supreme Court in foreground
“BY CREATING NEW OR STRENGTHENING EXISTING RESOURCE DEVELOPMENT POLICIES, ABORIGINAL GROUPS SET THE TONE FOR HOW PROJECT PROPONENTS SEEKING CONSENT ARE TO PLAN, DESIGN, CONSTRUCT AND OPERATE PROJECTS.”
28 Aboriginal Marketplace - April - June 2015
a. Consultation and Accommodation In the wake of Tsilhqot’in, the Crown continues to be in a state of relative permitting paralysis while it grapples with the implications of the decision. We expect that as the Crown completes its analysis of its requirements
in the post-Tsilhqot’in world, it will take the position that the law established in Haida – requiring the government to consult with and, where appropriate, accommodate Aboriginal groups, but not obtain consent – remains good practice throughout the vast majority of British Columbia where Aboriginal title has not been proven. That being said, the Crown will likely concede that its analysis of the level of consultation and accommodation required, often referred to as the strength of claim analysis, will need to be recalibrated. This will likely result in the Crown implementing an enhanced consultation and accommodation regime that acknowledges that Aboriginal title is easier to prove than the Crown previously assumed, but proceeding on the basis that, outside of the 0.18% of British Columbia currently subject to proven Aboriginal title, the consent of affected Aboriginal groups is not required for a project to proceed. In practical terms, what this means is that while the Crown is unlikely to embrace any requirement for Aboriginal consent prior to proof of title, we will see a recalibration of the way the Crown consults and accommodates. The Haida decision was clear that what is required by the Crown during consultation
and accommodation depends on two factors: strength of claim to the Aboriginal right or title, and the degree of the impact of the proposed decision on the Aboriginal right or title. Following Tsilhqot’in, even though the Crown may not seek Aboriginal consent in all circumstances, it will be forced to concede that many Aboriginal groups now hold a much stronger strength of claim to Aboriginal title based on the Tsilhqot’in test for proving title (see Part I (link) for a discussion of this test). b. The Treaty Process The British Columbia Treaty Process, which has been fraught with issues even prior to Tsilhqot’in, presents an additional issue that the Crown must grapple with in a post-Tsilhqot’in world. Throughout history the Crown has only recognized Aboriginal title for the sole purpose of extinguishing it through treaty. Tsilhqot’in changed this by providing a clear path for Aboriginal groups to have their title recognized
and make greater efforts to obtain Aboriginal consent prior to making a final investment decision on a project. As project proponents take greater ownership of their relationships with Aboriginal groups they will be faced with an expectation by Aboriginal groups - supported by Tsilhqot’in - for more meaningful project participation. This participation will come in various forms, including: (i) adapting project features in a manner that demonstrates an understanding of the Aboriginal group’s concerns – be it through the design, operation or legacy of the project; (ii) including Aboriginal perspectives in project management – be it through board seats, advisory committees or actual project management roles; (iii) providing opportunities for the economic benefits of the project to flow to Aboriginal individuals affected by the project – be it through employment, contracting opportunities or other
willing to support. The Tsilhqot’in themselves have undertaken this exercise and are currently developing an official Mining Policy; many others, such as the Taku River Tlingit, have had these policies in place for some time. By creating new or strengthening existing resource development policies, Aboriginal groups set the tone for how project proponents seeking consent are to plan, design, construct and operate projects.
b. Growth of Aboriginal Business
By capitalizing on the contracting, employment and financial opportunities offered by project proponents eager to obtain consent, Aboriginal groups will be able to expand the expertise of their entrepreneurs and the capabilities of their economic development arms. Over time this will allow Aboriginal groups to undertake more complex ventures and grow their economic interests beyond their territorial borders – meaning that we expect Aboriginal businesses
“ABORIGINAL GROUPS ARE EMERGING FROM TSILHQOT’IN EMBOLDENED AND DETERMINED TO HAVE A GREATER SAY IN HOW PROJECTS ARE DEVELOPED IN THEIR TRADITIONAL TERRITORIES.” without the need to simultaneously surrender that title to the Crown. This leaves very little incentive for Aboriginal groups to participate in the Treaty Process. In our view, the only way for the Treaty Process to continue is to transform it into a process centered on recognizing and defining Aboriginal title throughout the province. This would involve undertaking an extensive province-wide historical analysis to formally establish and recognize the boundaries of Aboriginal title. This is not an approach that the Crown is likely to take - meaning that for all intents and purposes the Treaty Process will remain indefinitely stalled.
social and economic benefits; and (iv) providing opportunities for Aboriginal groups to participate as partners with the project proponent – be it through obtaining an equity, royalty or other stake in the project. In our view, these trends will result in Aboriginal groups increasingly taking meaningful ownership and regulatory roles in respect of proposed projects in their title lands – over time potentially even resulting in projects owned primarily by Aboriginal groups and supported by industry stakeholders with minority interests. This outcome represents a stark contrast from how projects are currently developed.
PROJECT PROPONENTS
ABORIGINAL GROUPS
Although the Crown may technically be correct that the consultation and accommodation regime remains good law post-Tsilhqot’in, practically speaking this approach creates uncertainty – which is unwelcome by most project proponents and their financiers – in two forms:
(i) where Aboriginal title has not been proved, Aboriginal groups who do not consent to a project will challenge the scope of the government’s (now enhanced) duty to consult and accommodate, resulting in project delays; and (ii) where Aboriginal title is proved after a project has been developed without Aboriginal consent, the Crown may be forced to cancel project permits leaving the project proponent with a dead project. In our view, the uncertainty created by the Crown’s likely response to Tsilhqot’in (as described below) will cause many project proponents to take matters into their own hands
Aboriginal groups are emerging from Tsilhqot’in emboldened and determined to have a greater say in how projects are developed in their traditional territories. Many of the trends that we see coming out of Tsilhqot’in on the Crown and project proponent side will take time to materialize - this presents an opportunity for Aboriginal groups to play an important role in determining how these trends unfold. a. Territorial Governance
By clarifying that Aboriginal groups are the owner of resources on Aboriginal title land and confirming the requirement for Aboriginal consent, Tsilhqot’in presents an opportunity to establish stronger self-governance functions. As part of this process, Aboriginal groups are seeing the value in creating clear policies regarding resource development in their territories - signaling to project proponents what is expected of them in order to obtain consent and what types of projects they are
to continue to develop into key drivers in the Canadian economy.
c. Project Ownership
As project proponents seek to manage risk and build relationships by proactively seeking Aboriginal consent from groups that potentially hold title and ownership of the resources, Aboriginal groups will likely seek greater ownership status in projects. This equity proposition makes sense in at least two respects: from a proponent’s perspective, it manages risk by building strong relationships with and obtaining the consents of the potential owner and regulator of the resources, who now have some “skin in the game”; and from a First Nations perspective, it provides an opportunity to commercialize Aboriginal title without surrendering it, and provides an opportunity to meaningfully shape projects at the ownership table (instead of the consultation table).
CONCLUSION
The trends emerging from Tsilhqot’in point towards a dramatic shift in the resource development landscape in British Columbia:
(i) the Crown will attempt to maintain the status quo spurring further court battles and uncertainty, (iI) the Treaty Process will be indefinitely stalled, (iii) project proponents actively seek and make meaningful concessions to obtain Aboriginal consent, (iv) Aboriginal groups will leverage Tsilhqot’in into more meaningful participation in and ownership of project development, and (v) Aboriginal groups will develop stronger mechanisms to govern activities in their traditional territories. Aboriginal Marketplace - April - June 2015 29
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