Question Period Note: Coldwater First Nation Litigation

Our talks with Coldwater First Nation on matters relating to the existing Trans Mountain pipeline are ongoing.
We appointed a Senior Representative in March 2019 and he continues to lead these discussions with Coldwater First Nation and Trans Mountain Corporation.
We will continue to work with all parties to address Coldwater’s priorities.

Since 1955, 6.4 kilometers of existing pipeline has crossed Coldwater Indian Band’s (CIB) main community reserve. The pipeline occupies 29.8 acres, plus the National Energy Board’s safety zone of 68.5 acres limiting the Band’s use of its reserve.
In 2017, CIB won a case in the Federal Court of Appeal regarding the easement assignment of Trans Mountain Corporation’s existing pipeline right of way. Canada did not seek leave to appeal that decision and the case is therefore closed.
Canada’s obligation now is to re-determine the decision to approve the assignment of the easement form Fortis-in-Trust to Trans Mountain Corporation. That re-determination must take into account CIB’s best interests, balanced with the national interest in having the pipeline operate.
In March 2019, then-Minister Seamus O’Regan appointed a Senior Representative to lead the Department’s negotiations with CIB and Trans Mountain. After two face-to-face meetings, ISC and CIB have agreed that legal counsel will work to define elements of a resolution, including the compensation and the draft of a modern easement. ISC has provided a draft for CIB’s legal counsel’s consideration.
Two issues with respect to the existing pipeline still need to be addressed:
• the remediation of the contaminated soils on the Antoine Certificate of Possession property; and,
• an agreement on ongoing access requirements.
Both of these issues are the responsibility of the Trans Mountain Corporation. CIB is also seeking a Mutual Benefits Agreement concerning the existing pipeline with Trans Mountain as part of any resolution and conversations to engage continue.
Once these interests are resolved or adequately addressed, the Minister (or his delegate) will be able to decide whether to approve an assignment of the easement from Fortis-in-Trust to Trans Mountain Corporation. Although the decision is within ISC’s authority alone, input has been and will be sought from other departments supported by the Department of Justice.
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