Indigenous communities along the Pacific Link pipeline route were given a two-month consultation window before the federal government issued the project’s first national interest designation.
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Indigenous communities along the route for the newly named Pacific Link pipeline were given two months to consult on whether the project should be designated a project of national interest, a timeline the federal government says it extended after concerns were raised about having sufficient information to assess impacts. The government said it will work over the coming year to complete consultations on the project itself and to secure environmental safeguards, financing and Indigenous partnerships, with construction targeted to begin in September 2027.
Prime Minister Mark Carney said the Major Projects Office designation would not interfere with Canada’s obligations under the United Nations Declaration on the Rights of Indigenous Peoples. He said Thursday the pipeline received the first national interest designation under the Major Projects and the Building Canada Act framework, which is intended to streamline oversight and approvals.
The federal consultation document posted online says Ottawa began consultation with a letter sent in July to more than 130 Indigenous communities along the route. It says the Major Projects Office held more than 140 meetings with representatives from more than 110 Indigenous organizations and communities, and that some communities raised concerns including the lack of details needed to make informed decisions about routing, engineering and design, environmental effects, marine shipping, emergency responses and impacts on Aboriginal and treaty rights.
According to the document, Indigenous communities also raised practical concerns about participation being affected by summer harvesting, ceremonial gatherings and wildfires, which forced some evacuations. After consultation deadlines were moved—from Aug. 28 to Sept. 18—the government said further questions can be addressed as they arise, and that its satisfaction is based on what it described as an appropriate framework for addressing potential adverse impacts on Aboriginal and treaty rights before final federal authorizations are issued.
The Assembly of First Nations said it has identified “many red flags” and argued the government appears to be predetermining outcomes and approving projects in advance of meaningful consultations. The group said the decision came only 12 days after the consultation deadline.
Senior government officials, speaking to reporters on the condition they not be named, said it is likely the national interest designation will be challenged in court. In addition, National Chief Cindy Woodhouse Nepinak said at a news conference last week that staff in the Major Projects Office do not understand how to work with First Nations communities and criticized the lack of availability of senior leadership, while other First Nation leaders said their territories and treaty rights were not reflected in decision-making.
Cold Lake First Nations Chief Kelsey Jacko said even though his territory is in the oilsands region, it has been left out of discussions affecting lands and treaty rights. Fort McKay First Nation Chief Raymond Powder said he felt both excited and concerned following the designation, citing opportunities for his First Nation while also warning about challenges involving the ecosystem and balancing environmental and economic considerations.
Citing the UN declaration and constitutional protections, the federal document said the engagement was designed with free, prior and informed consent principles in mind, and it referenced Section 35 of the Constitution. It also said the engagement was carried out with those principles in mind while the Major Projects Office continues consultations before any final authorizations are issued.
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