A northwestern B.C. First Nation wants to create a protected area to block a natural gas pipeline from crossing its territory.
The proposal by the Gitanyow Nation comes after the Prince Rupert Gas Transmission (PRGT) pipeline's environment assessment certificate expired on Nov. 25.
On Nov. 19, the proponents, a partnership of the Ksi Lisims government and Western LNG (a Calgary-based company), applied to have the project designated "substantially started," which would extend the certificate permanently.
The pipeline would transport natural gas from northeastern B.C. to the proposed Ksi Lisims LNG floating liquefaction facility off the coast near the Nisga'a village of Gingolx for export overseas.
The pipeline project received its environmental certificate in 2014. It was extended for five years in 2019.
The Gitanyow Hereditary Chiefs, the Kispiox Band and environmental groups such as the Skeena Watershed Conservation Coalition characterize the original assessment as outdated and inaccurate. The Gitanyow were among the First Nations signatories to financial benefits payments when the pipeline was first approved in 2014, but they now cite accelerating climate change and Indigenous reconciliation as conditions that have changed dramatically since the original environmental assessment was conducted.
"This out-of-date and risky project does not meet the current needs of Gitanyow and others, mainly a healthy climate and thriving environment for future generations," said Simooget Malii (Glen Williams).
"We have been very consistent that the 10-year-old [assessment] does not reflect new law on UNDRIP and second, the Cranberry pipeline route is critical moose habitat and wintering grounds, and provides food security for our members."
The proposed protected area would encompass the Cranberry and Kiteen watersheds, although no details of the scope of the area or the mechanism for creating it were given.
The original review of the PRGT pipeline in 2014 identified these areas as extremely valuable for fish, wildlife and cultural uses.
"With climate change rampant in the area, the pipeline now poses too significant a risk to migrating and spawning salmon and the protected area will ensure salmon are protected from cumulative industrial and climate impacts," wrote the Gitanyow Hereditary Chiefs in a press release.
The provincial environmental assessment office (EAO) is assessing PRGT's application for substantially started status.
The new B.C. minister of Environment and Parks — North Coast-Haida Gwaii MLA Tamara Davidson — has until March 2025 to decide whether a substantial start has been demonstrated, or delegate the decision to the head bureaucrat at the EAO.
According to Gitanyow's review of the project's substantial start application it "reveals troubling false statements and misleading information, a small amount of last-minute physical construction work completed over a two-month period following ten years of inactivity, and a disregard for substantial start policy guidelines and jurisprudence," said Naxginkw (Tara Marsden), Gitanyow Wilp sustainability director, in a press release.
The current work has taken place on Nisga'a treaty lands.
Black Press Media did not receive a comment from Davidson's office, or the Nisga'a First Nation.
The project could still go forward with a new certificate, but a new application would be assessed under the 2018 Environmental Assessment Act rather than the 2002 version, under which the project was originally assessed.
Matt Hulse, staff lawyer for Ecojustice, said the 2018 regulations are more rigorous. He is representing a coalition of community groups and the Kispiox Band in a judicial review of the project filed in late August.
The process could also take two to three years and cost millions of dollars, Hulse added.
If it comes to that and the provincial government approves a new certificate, the Gitanyow are prepared to challenge the decision in provincial court, according to the press release. They have strongly opposed the pipeline since construction began in late August even setting up a blockade .
“We have stood on the territory since August, denying access for PRGT construction vehicles and monitoring to ensure that no construction activity occurs in the Lax’yip," said Simooget Watakhayetsxw (Deborah Good).
"We will continue our on-the-ground presence with new cabins, a new Indigenous Protected Area, and ongoing monitoring conducted by Wilp members and the Lax’yip Guardians."
"PRGT is not planning to advance construction activities during the winter months due to the weather’s impact on field conditions," wrote Rebecca Scott, a spokesperson for Western LNG.
