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7.

TsLeiL-WauTuTH

assessmenT process and scope of the assessmenT

key poinTs

» Tsleil-Waututh assessed the proposal as it is described in the TMEX application and other materials filed with the NEB. » The assessment was carried out in accordance with the Tsleil-Waututh Stewardship Policy, which requires 1) evaluation of the potential negative effects of proposed development on the natural and cultural resource base and 2) if potential negative effects do not exceed Tsleil-Waututh legal limits, a further evaluation of the potential benefits to our community. » The present assessment looked at the proposal through the first lens and the results are documented in this report. » Tsleil-Waututh commissioned five expert reports to provide technical analysis of the TMEX proposal. » The assessment evaluated the potential adverse effects of the TMEX proposal on Burrard Inlet and corresponding negative impacts on Tsleil-Waututh Aboriginal title, rights, and interests in our Consultation Area, with a focus on eastern Burrard Inlet. » Effects were considered holistically. They included effects on the biophysical environment but also on interconnected cultural, spiritual, legal, and governance rights and responsibilities of the Tsleil-Waututh Nation. » Tsleil-Waututh Chief and Council will review the assessment to decide whether the proposal meets the test for the first lens of the Stewardship Policy—if it does, we will proceed with an assessment using the second lens; if it does not, the review will end.

process and scope

T

sleil-Waututh assessed the TMEX proposal as it is described in the facilities application and other materials filed with the NEB. The assessment focused on impacts in our Consultation Area following procedures described in our 2009 Stewardship Policy. In particular, the assessment evaluated potential effects in eastern Burrard Inlet, where Tsleil-Waututh Reserve, Westridge Marine Terminal, and marine shipping lanes are all located.

Tsleil-Waututh also participated in the NEB’s Information Request No. 1. However, Trans Mountain failed to provide full and adequate responses to many of our questions. As a follow-up in a letter dated November 14, 2014, Tsleil-Waututh asked Trans Mountain to identify documents and information relevant to our assessment, but the company failed to comply. TMEX proposal effects were considered holistically. They included effects not only on the biophysical environment but also on the interconnected cultural, spiritual, legal, and governance rights and responsibilities that are sustained by the environmental integrity and health of our waters and lands. Climate change was also considered, but no comprehensive analysis was conducted.

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experT reporTs

Tsleil-Waututh engaged five experts to provide technical analysis of the TMEX proposal: » Drs. Thomas Gunton and Sean Broadbent, Simon Fraser University—oil spill risk assessment (Appendix 1) » Dr. Jerry Galt, Genwest Systems—oil spill trajectory analysis (Appendix 2) » Dr. Jeffrey Short, JWS Consulting—behaviour, fate, and consequences of spilled dilbit (Appendix 3) » Nuka Research—oil spill response gap and capacity analysis (Appendix 4) » Levelton—oil spill air quality assessment (Appendix 5) Details of Drs. Thomas Gunton and Sean Broadbent’s oil spill risk assessment and Dr. Jerry Galt’s oil spill trajectory analysis are presented in Section 11. Findings and conclusions from other reports are presented in Section 12. In addition to drawing on the analyses of experts, this assessment relied on the traditional knowledge of Tsleil-Waututh members. Relevant knowledge has been described, as needed, in the body of the assessment.

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