Six Nations, Enbridge at impasse over pipeline

Line 10 compensation offer too low: council

Six Nations has cut off discussions with Enbridge over the Line 10 pipeline project because the energy company’s compensation offers to the band were considered too low.

Lonny Bomberry, director of land and resources for the elected council of Six Nations, said that just over two weeks ago a payment offer from Enbridge was rejected by the council.

Six Nations — the largest First Nation in Canada by population — delayed announcing news of the impasse in order to continue talks with Enbridge.

“(Enbridge) wanted to talk some more in the aftermath, but those discussions didn’t result in anything,” Bomberry said.

When asked if Enbridge made a second offer, he said: “We discussed that, yes, but it still was inadequate and discussions ceased.”

Both sides declined to tell the Spectator what the offers had been.

In a news release, Six Nations Council declared that its Consultation and Accommodation Process Team had “ceased all current and future engagement with Enbridge” on the pipeline issue — but Bomberry was striking a more diplomatic tone.

“The door is always open,” he said, adding that compensation and consultation over pipelines built and maintained on native lands in Canada and the U.S. is an ongoing issue that affects traditional treaty rights on their land.

“Our position is that with respect to all pipelines in treaty areas that we be accommodated for those interests. I know the lines have been there for a number of years … (but) irrespective of how long they have been in the ground, we should still be compensated in our treaty areas.”

He said Six Nations will continue to exercise its intervener status in the process, speaking before the National Energy Board (NEB) when the federal agency holds its next hearings on the Line 10 project in Hamilton Oct. 19 at the Crown Plaza.

Enbridge representatives will also appear at that hearing.

Line 10 is a project where Enbridge plans to replace a 35-kilometre portion of a 143-km pipeline that extends from Westover through Binbrook and into the U.S.

The existing section of 12-inch diameter steel pipe, installed in 1962, would be replaced with a new 20-inch diameter line.

Replacing the segment rather than “applying several preventative (sic) maintenance digs” will minimize disruption to landowners and make the pipeline safer, according to Enbridge’s project website.

The new section would allow the line to carry up to 74,200 barrels of oil per day.

In addition to replacing the pipe, the project would add 11.5 km of pipeline to reroute the line in three areas.

Enbridge spokesperson Graham White told the Spectator in an email that “it is not uncommon with large maintenance projects for some rerouting to occur in order to adapt the right-of-way to how surface features have changed over time.”

White added that despite the recent halt in talks, Enbridge will continue to engage with Six Nations, and is “committed to ongoing respectful discussions related to future agreements on the project … above and beyond what is required by regulators to keep building trust and to address any concerns or input they may have on any of our projects or operations.”

The Six Nations Council news release said they “remain in opposition” to the project, but Bomberry says they are not necessarily opposed in principle to the proposed work.

The point, he emphasized, is that the Crown (the federal government, in other words) and not just the NEB or Enbridge or any corporation, must consult First Nations properly given land treaty obligations, and also compensate them fairly.

On that note, he added that they will be watching with interest when the Supreme Court hears an appeal from the Chippewas of the Thames First Nation to reverse a NEB decision that permitted Enbridge to reconfigure and upgrade its 40-year-old Line 9 pipeline running from Sarnia to Montreal — upgrades that have already taken place.

… we should still be compensated in our treaty areas. LONNY BOMBERRY DIRECTOR OF LAND AND RESOURCES, ELECTED COUNCIL OF SIX NATIONS