Modernization of the National Energy Board Inuvialuit Regional Corporation & Inuvialuit Game Council Presentation to the Expert Panel March 10, 2017

Inuvialuit and the ISR Inuvialuit Final Agreement signed in 1984 – certainty of claims in return for rights. The Inuvialuit Settlement Region spans 900,000km² of Canada’s Western Arctic. Six communities. 6000 Inuvialuit in and outside of the ISR. Modern and traditional natural resources based economies.

Inuvialuit and the NEB Important, long-standing relationship Beaufort Mackenzie Basin has over 10 TCF discovered natural gas Mackenzie Gas Project – sunset clauses extended to December 2022 based in part upon Inuvialuit letter or support. Ikhil natural gas wells and pipeline NWT Land and Resources Devolution Agreement & Section 12.1(1) of the NEB Act NEB as regulator under the NWT Oil and Gas Operations Act and Petroleum Resources Act

Contradictory Messages… “Modernize the NEB to ensure its composition reflects regional views and has sufficient expertise in fields such as environmental science, community development and Indigenous Traditional Knowledge.” -Mandate Letter to Minister Carr Limitation of the NEB Modernization Review to the National Energy Board Act. Carve out of northern regimes from the Expert Panel Terms of Reference. Nine engagement sessions planned for the south but one north of 60° - originally Iqaluit, now Yellowknife. December 20, 2016 designation of Arctic Canadian Waters as off-limits to future oil and gas licensing.

Composition and expertise Regional expertise. Relevant land claims agreements. Indigenous Traditional Knowledge. Temporary members. Permanent Aboriginal members. Captured regulator perception.

Public Interest, Regional Interest Section 52(2)(e) NEB Act: Any public interest that in the Board’s opinion may be affected… NEB 2015 Annual Report: The public interest is inclusive of all Canadians and refers to a balance of economic, environmental and societal interests that change as society’s values and preferences evolve over time. Regional risks and rewards. Treaty and Land Claims rights and processes.

Determining Aboriginal and Regional Interests Land claim first approach. Accessing Traditional Knowledge. NEB and Environmental Assessment processes. Use of Regional Strategic Environmental Assessments in formulating a recommendation. GIC consideration of regional factors.

NEB Processes, Indigenous Rights, UNDRIP Considerations NEB as both a quasi-judicial body and as the Crown’s agent for the purpose of fulfilling its DTC. NEB Act does not clearly explain delegation of this role or that the Crown retains ultimate responsibility. NEB reliance on proponents for aspects of consultation. 2015 endorsement of UNDRIP. Hamlet of Clyde River, et al. v. Petroleum Geo Services Inc. and Chippewas of the Thames First Nation v. Enbridge Pipelines Inc - to be issued. Proposed Approach - Where treaty rights impacted Freedom from force/manipulation; Mutual agreement on process; Robust and satisfactory engagement; Sufficient and timely information exchange; Proper resourcing – technical and financial; Shared goal of obtaining consent; *Involvement throughout lifecycle of project*

NEB Administrative Functions Continue information supply and management on frontier lands and offshore. Improve awareness about Aboriginal peoples including Inuvialuit, land claims agreements and treaties among staff. Maintain good coordination with NWT Office of the Regulator of Oil and Gas Operations and other regulators Participation under the Coordination and Cooperation Agreement pursuant to Schedule 6 of the Devolution Agreement.

Taima. Quyanainni.