Doug Bourhill, Director of Resource Access and Stewardship, and April Connolly, Senior Advisor, First Nations Relations, of the Ministry of Energy, Mines and Low Carbon Innovation met with directors at the Peace River Regional District during their March 7 board meeting, clarifying an upcoming petroleum and natural gas tenure award to Blueberry River First Nations.
PRRD directors had questions about the tenure during their Feb. 22 board meeting, following a Jan. 31 letter by the ministry provided as notice of the tenure award.
Bourhill says regular tenure sales were paused due to both the COVID-19 pandemic and the 2021 Yahey decision, which ruled that the province had breached Blueberry River First Nations’s Treaty 8 rights by over-developing land in their territory. The provincial government has refrained from issuing new permits to avoid further infringement of treaty rights.
The parcels included in the tenure being awarded have not been previously sold at regular auctions, Bourhill further explained, and the decision making process is at the discretion of the provincial cabinet, but mirrors the process of regular tenure sales.
"The difference lies in the decision making process after consultation and that the decision is made by British Columbia cabinet and the alternative terms that are contained within the sale or at the discretion of cabinet," he said, noting there's no initial cost to Blueberry in order to advance reconciliation efforts.
The tenure is located in Electoral Area B of the PRRD, by the Buckinghorse River, Sikanni Chief, and the Beatton River, and is being awarded as part of advancing principles and commitments made through the 2023 Blueberry River First Nations Implementation Agreement.
The new tenure would be directly awarded to a entity designated by Blueberry, and has a proposed term of 10 years to allow time to develop partnerships, rather than the typical three to five year term.
Blueberry would also have the option to convert all of the tenure or a portion of it to a five-year lease before the term expires, and an option to sublet the PNG rights if converted. It also has the same rent as a standard lease, but with the option to defer the initial payment.
Stakeholder concerns are also expected to be addressed through caveats attached to the tenure decision, and the Ministry can create further caveats based on concerns brought forward. The caveats are essentially meant to address concerns over impeding surface access, noted Bourhill.
"Caveats are attached to the tenure and notify the tenure holder of any concerns that they may need to consider when planning surface development," he noted, listing existing infrastructure, land use plans, environmental concerns, and archaeological sites as potential examples.
Electoral Area B Director Jordan Kealy asked if the Ministry would be obligated to award tenures of similar monetary value to other First Nations to keep reconciliation fair.
"When you look at the reconciliation that needs to happen between the Province and First Nations, it's got to be done in an appropriate manner to make sure that everybody is getting treated fairly on the First Nations side of things and what they've gone through," said Kealy.
Bourhill said the option for direct awards has been offered to all Treaty 8 First Nations - it's more a matter of where and if they want to develop natural gas rights.
"I think essentially it would be up to the nations where they would want to look at, consider tenure for direct award based on their own interest," replied Bourhill, noting he's not sure whether that can be translated to a monetary value across the First Nations.
Connolly said the Blueberry River First Nations Implementation Agreement acts as a guiding document, but noted it's likely too early to speak to how it may affect other Treaty 8 First Nations.
"The direct awards that are being considered at this point have come out of agreements between the province and the nations," she said. "So, in Blueberry River's case, it's the implementation agreement commitment. And I think we're still early days in looking at what this could look like with all the other Treaty 8 nations going forward."
Electoral Area E Director Dan Rose asked if there would be any public consultation done to address concerns over land access through or around the parcels, similar to Treaty Land Entitlement consultation.
"Past tenure sales used to be published in the newspaper," said Rose. "And you used to be able to see what was up for sale in upcoming tenures."
The tenures will be published on the Ministry's website after the area and caveats are defined, explained Connolly.
"We're following the regular process for consulting on tenure sales," Connolly said. "So, we engage with the PRRD as a representative of the public."
Dawson Creek coun. Charlie Parslow asked if the Ministry has a process for cross-over interests and objections from other First Nations.
"It seems to me that you've entered into a bit of a minefield in some of the rights and jurisdictions of other First Nations, maybe, I'm not saying they are, maybe, seem to be transgressed. How are you going to deal with objections? Is there a process, a full transparent process for dealing with crossover interests?" said Parslow.
Other First Nations with overlapping consultation areas have been provided with referral packages on the direct tenure award, detail the rights of each First Nation, noted Connolly.
"So, we are actively talking to those nations about any concerns that they might have," she said.
Correspondence_Ministry of ... by Tom Summer
You can read the Jan. 31 letter below:
