Province considering awarding tenure to BRFN
PRRD seeks to understand proposal
After a three-year hiatus, petroleum and natural gas tenures may soon be available in British Columbia, thanks to a Ministry of Energy, Mines and Low Carbon Innovation proposal to directly award parcels in the Montney Basin to “an entity” designated by Blueberry River First Nations. The tenures will be similar to leases, but with a ten-year term, rather than five, to allow BRFN time to develop partnerships, according to a letter from the Ministry to the Peace River Regional District.
In May 2021, the British Columbia government suspended sales of petroleum drilling rights and leases pending the outcome of the BC Supreme Court case involving the Blueberry River First Nations. The last sale in April 2021 earned the province $3.8 million in fees from two drilling licenses and three leases. The Yahey decision on June 29, 2021, halted further sales, but allowed the 195 forestry and petroleum projects which had already been permitted to continue. Since that time, the province and BRFN have been working towards developing an applications framework for new authorizations within Treaty 8 territory, according to the government.
Now, the province is considering issuing tenure to BRFN under Section 72 of the Petroleum and Natural Gas Act. Through this process, it hopes to provide First Nations with greater control over the development of natural resources within their traditional territories, while allowing them to develop partnerships with companies.
As part of this proposed direct award, the province is seeking comment from the Peace River Regional District. The parcels in question are located in Area B.
Area E director Dan Rose felt it would be an opportunity to get more information about this new process.
“It’s not something that we’ve seen before, it seems like this was their attempt at consultation,” Rose said. “There’s a lot of ambiguous language in there . . . it wouldn’t hurt to ask some questions. If this is part of reconciliation, then let’s understand that.”
Jordan Kealy, Area B director wondered if the request for review and comment meant the PRRD has a say in what happens. “Or is this the government wanting us to be able to communicate this to our constituents?”
Rose noted that in the second paragraph of the Ministry’s letter, it’s “considering issuing PNG rights in the form of tenure,” – “So they’re considering doing that,” he said. “Whether or not they even consider our opinion, I guess we won’t know until we offer it.”
“This is based on the Yahey decision, and is part of that reconciliation, whatever that agreement is. I think this is the first process proposed for that,” said Area D director Leonard Hiebert.
For clarity, Hiebert suggested the board invite the author of the letter, April Connolly, Senior Advisor First Nations Relations, to present to the board at its next regular meeting. “We should be able to have the opportunity to ask questions for clarity. A simple Zoom call shouldn’t be difficult.”
Pouce Coupe director Danielle Veach, despite the request for feedback from the province, felt that the Ministry’s proposal is out of the purview of the regional district.
“The Yahey decision is between the province and Blueberry River First Nations,” she said. “To ask questions regarding the information in this letter doesn’t make sense to me, because we have no control over what’s in this letter.”
“It has nothing to do with the PRRD.”
Hiebert disagreed, noting that the province represents regional districts in these type of discussions, and for once it’s seeking feedback from the PRRD.
“We keep complaining that they don’t talk to us before they make decisions. Whether they take our input or not, they’ll do what they want to do,” Hiebert said. “But if they’re asking, I think we should be offering it up, because they’re not doing it that very often.”
Fort St. John director Lilia Hansen moved that the board invite April Connolly to present at a future board meeting “for our edification.”
The deadline for feedback, to meet the timelines for the proposed award, is March 18.