“I do not want to be the grand chief who consented to a pipeline that’s going to destroy 30 per cent of the fresh water in Ontario, in Treaty 3 territory,” Treaty 3 Grand Chief Warren White said in a speech outlining his objections to TransCanada’s proposed Energy East oil pipeline last week.

“I did not come here for consultation. I came here to let everyone know what Energy East is all about…In unity in Treaty 3 we will be the ones to stop this. Our communities, our youth, our leadership are being called on by other nations,” White, while presenting at a public meeting hosted by the Ontario Energy Board in Kenora, Ontario, stated.

TransCanada “low balled” and “tried to pull a fast one” on Treaty 3 chiefs, according to White. The pipeline company agreed to participate in a consultation process based on Treaty 3 Resource Law or Manito Aki Inakonigaawin in Anishinaabe (Ojibwe), but failed to actually engaged in the process. TransCanada was a no-show for a meeting with Treaty 3 chiefs on December 21st last year.

“I am very upset right now and you put that in your report that Energy East, TransCanada whatever you wanna call it, are there for the dollar signs, and nothing about the land, nothing about how we survive,” White said.

"I do not want to be the grand chief that’s remembered as, 'all he wanted was the money.' I do not want to be the grand chief known as the destroyer of the lands, waters, sacred sites, rivers, trees, animals, birds…We are going to get another Grassy Narrows situation, an oil spill will happen no matter how safe you guys say it is.”

If approved, the 1.1 million barrel a day pipeline stretching from Alberta to New Brunswick would operate on Treaty 3 territory. The Treaty 3 First Nation represents over twenty-five Anishinaabe First Nations whose traditional territory covers an area of northwestern Ontario larger than Newfoundland.

White’s speech was part of the ongoing public consultations Ontario’s energy regulator – Ontario Energy Board – is conducting with communities and First Nations along Energy East’s proposed route in northern and eastern Ontario. The board will be in Ottawa Thursday.

The provincial government claimed it will partly base its position on Energy East in light of the board’s findings. Ontario plans on arguing its case for or against Energy East at the National Energy Board (NEB) hearings on the pipeline project expected to take place later this year.

Ontario has identified seven conditions for its approval of the pipeline. Included is the condition that “proponents and governments” fulfill their constitutional duty to consult with the province’s First Nations on the project.

“When you send me correspondence and I never participated that does not constitute consultation. We keep hearing [from] government about meaningful consultation, the duty to consult. I never consented to be part of this [regulatory] process,” White told the Ontario Energy Board.

The federal government has the constitutional duty to consult with First Nations, Metis and Inuit on projects that may infringe upon their aboriginal and treaty rights according to the Supreme Court of Canada decision in Haida First Nation vs British Columbia in 2004. There is no indication yet that the federal government plans to fulfill this legal duty in the case of Energy East.

White expressed his lack of faith that the Ontario Energy Board and National Energy Board processes are interested in protecting Treaty 3 rights:

“No matter what we say as intervenor or [in] protest to the Ontario Energy Board and National Energy Board we know you are still going to move forward [with the pipeline], but without our consent,” White said.

Ontario, although calling itself a “climate leader,” has come under fire recently from pipeline critics for weakening its stance on Energy East. Premier Kathleen Wynne announced last December the province would not take into account the potential upstream greenhouse gas (GHG) emissions of Energy East when deciding whether to support the project.

The Ontario Energy Board has also been criticized for its claims Energy East, North America’s largest proposed pipeline project, will likely have a “relatively modest” impact on GHG emissions in Canada.

Image Credit: Ontario.ca

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The economic benefits for Ontario of TransCanada’s proposed Energy East pipeline are “likely inflated” according to a study commissioned by the province’s energy regulator.

“The economic impact of the project in Ontario should not be treated as a significant factor when considering the merits of Energy East,” the study states.

The authors of the study, the Mowat Centre, a public policy think tank at the University of Toronto, found the modeling system TransCanada used to predict the economic benefits of the project assumes past and present economic conditions will remain unchanged for the entire operational life of the Energy East project and inflates the project’s indirect benefits on Ontario’s economy.

“Due to the uncertainty around many broader policy questions that will materially impact the economics of the project, any estimates of possible economic impacts in Ontario should be treated with a high degree of caution,” the study concludes.

Carbon pricing in Canada or a decrease in the global demand for oil were not assessed by TransCanada when looking into the economic impacts of the 1.1 million barrels-a-day oil pipeline from Alberta to New Brunswick.

Direct jobs creation in the construction of the pipeline is marginal according to the study. In northern and eastern Ontario, where Energy East will operate, the construction phase of the project will only account for 0.7 – 1 per cent of the workforce. Most of Ontario’s section of Energy East exists already as a natural gas pipeline that will be converted to oil.

Operating the pipeline in Ontario will create two hundred annual direct jobs but it is unclear how many of these jobs will be assumed by workers already employed by TransCanada in operating the to-be-converted natural gas pipeline.

The Mowat Centre estimates municipalities along Energy East’s proposed route will see a small bump in property tax revenue, ranging between a 1% – 3.7 per cent increase, because of the pipeline project.

Differing Reports on Carbon Emissions from Pipeline

The Mowat Centre’s study was released today by the Ontario Energy Board – the provincial energy regulator – along with three other studies covering the pipeline’s safety, impacts on the natural environment and climate change. The Board’s investigation is part of a public forum on Energy East the Ontario government initiated in November of 2013.

On climate change, the study completed by Navius Research Inc. acknowledges the overall greenhouse gases emissions (GHG) in Canada will increase if Energy East is approved, but it states “the impact is likely to be relatively modest.”

“The increase in Canadian GHG emissions from “well-to-tank” [operations of Energy East] are mostly offset by a decline in the rest of the world,” the report concludes.

Comparison between Navius (see OILTRANS) and Pembina findings on Energy East GHG emissions

Navius Research estimates Energy East will produce in Canada an extra 1 to 10.2 megatonnes of carbon in extracting the bitumen from the western Canadian oilsands (also called tar sands) and refining it in New Brunswick and Quebec. These findings are in direct contradiction with a report by the Pembina Institute, which projects in extraction alone Energy East will create thirty to thirty-two megatonnes of carbon, the equivalent GHG production of all Ontario’s now closed coal-plants.

Image Credit: TransCanada, Government of Canada, Ontario Energy Board      

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The government of Ontario is holding community discussions in northern Ontario to hear opinions on TransCanada’s proposed Energy East oil pipeline project. Part of the $12 billion pipeline project involves converting 1,900 kilometres of pipeline from natural gas to oil in northern Ontario and constructing one hundred kilometers of new pipeline in southeastern Ontario.

Ontario’s public forum on Energy East may be the first of its kind in the country. Provinces do not usually hold community meetings on oil pipelines that cross provincial boundaries such as Energy East. The National Energy Board (NEB) – Canada’s energy regulator – has jurisdiction over interprovincial pipelines, not the provinces.  

The forum appears to be the result of public outcry in Ontario over Enbridge’s Line 9 oil pipeline project and restrictions the National Energy Board (NEB) placed on public participation in the project's review process. Last March, the NEB approved Line 9 despite public safety concerns about transporting oilsands bitumen through the pipeline.

“The erosion of the National Energy Board process, in both accessibility and scope, has left a void in need of being filled. That is why the Ontario government stepping in is so commendable and needed. The Ontario Energy Board process is much more inclusive to the broad range of concerns the public has,” says Yan Roberts of North Bay, Ontario. North Bay’s community discussion took place on April 2nd.   

The Ontario Energy Board – Ontario's energy regulator – has been instructed by the province to consult the public, First Nations and Metis, a wide range of provincial organizations, and technical experts on what they believe the impacts of the Energy East pipeline will be. All Ontarians regardless if they live along the proposed pipeline’s route are invited to participate in the community discussions and send in written comments to the Board.

The schedule of Ontario's Energy East public forum.

Even though the NEB must decide whether pipeline projects are “in the public interest,” the NEB relies on pipeline companies to inform communities on new projects. In recent years, the NEB has limited public hearing participation to only those members of the public that can demonstrate they are “directly affected” by pipeline projects or have “relevant expertise.”

“Visiting the towns along Energy East’s route for their community discussions and allowing testimony to be submitted easily really shows that the Ontario government is sincere about listening to and representing the many concerns Ontario has with Energy East,” Roberts told DeSmog Canada. Roberts, who has been following the Energy East project closely, is a farmer and community organizer for North Bay’s local citizens’ group. 

All Issues Including Climate Change and the Expansion of the Oilsands Are Heard

“I feel quite confident that citizens’ comments and concerns are being properly heard and reported to the OEB (Ontario Energy Board), and that the OEB is listening,” says Teika Newton of Kenora, Ontario.

Kenora in northwestern Ontario was the Ontario Energy Board’s first stop in its community discussions that began last week. Newton says the community meeting was well attended and all issues pertaining to the pipeline could be discussed. Unlike the NEB process on pipelines, residents were permitted to express concerns of Energy East’s impacts on climate change and the expansion of the oilsands (also called tar sands) in Alberta. The NEB no longer considers ‘upstream’ impacts of pipelines in its decisions.

TransCanada's Energy East's prosposed route in Ontario

“The OEB process involves engaging directly with communities, hearing concerns from citizens, and dutifully recording what has been heard, even if it is not flattering to government or the project proponents. It is unbiased and objective, as a regulator should be,” says Newton, who is a project manager of a university research project in Kenora and co-founder of Transition Kenora, a local sustainability group.

Feedback From Ontarians Will be the Basis of a Provincial Report

“Only time will tell if the OEB’s final report to the Minister of Energy will be as clear in articulating citizen opposition and concerns,” Newton told DeSmog Canada.

The Ontario Energy Board will file a report based on the feedback it receives over the coming months with Ontario’s Ministry of Energy. The Ministry will use the report in shaping Ontario’s position on the pipeline project, which will be presented to the NEB in the upcoming Energy East hearings. The hearings will be scheduled once TransCanada has submitted an official project application to the NEB. TransCanada is expected to apply this summer.

The current round of community discussions will wrap up in Cornwall, near Quebec on April 8th, but this is by no means the end of Ontario’s Energy East public forum. A second round of discussions will take place after TransCanada submits its application for the pipeline with the NEB. A conference for provincial organizations – from oil industry advocacy groups to environmental organizations – to present evidence on Energy East will also take place this summer.

“The OEB has created an avenue for people to have their concerns represented, whereas the NEB increasingly seems to have the public's concerns rejected. It will now be for the people of Ontario to come out and make their voices heard,” Roberts told DeSmog Canada. Roberts is also a local tourism operator in North Bay, Ontario.

Involvment in Pipeline Process Easy

The Ontario Energy Board’s consideration of the Energy East project questions what the loss of a natural gas pipeline will mean for the province’s natural gas supply and investigates the pipeline’s safety, economic impacts and the impacts on the local environment, communities, and First Nations and Metis.

“I am hopeful that through this careful and comprehensive process of engagement, they will obtain a clear picture of how Ontarians feel with regard to Energy East,” says Newton of Kenora, Ontario.

The Ontario Energy Board has created an easy to navigate website for the public forum, complete with information backgrounders on Energy East and ‘toolkits’ for Ontarians to start and record discussions on the pipeline with friends, family and co-workers. Written comments on Energy East will accepted until April 30th. A second round of written submissions will take place in the summer.

Neither the Ontario Energy Board nor the province have the legal power to stop the project. But neither does the NEB. The federal government assumed final decision-making power over all pipeline projects after the passage of the 2012 federal omnibus bill c-38. NEB decisions on pipeline projects are now considered 'recommendations.' 

If approved, Energy East will be the largest pipeline in North America stretching some 4,600-kilometers from Hardisty, Alberta to Saint John, New Brunswick.

TransCanada claims Energy East will transport 1.1 millions barrels of oil and oilsands bitumen a day. DeSmog Canada reported last month the majority of Energy East’s oil and bitumen will be exported overseas, and will not be refined domestically.

Image Credit: Ontario Energy Board, TransCanada

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