New powers, funds for Tahltan

Leaders and elders of the Tahltan Nation came to Victoria for a signing ceremony on Thursday, and left with deals that guarantee a 60-year flow of revenue as well as formal new powers to review resource developments in their traditional northwestern British Columbia territory.

The revenue deal provides at least $2.5 million annually for 60 years as a share of water rentals and land rents the provincial government will collect from the Forrest Kerr independent hydroelectric project.

It's the first revenue-sharing deal reached under the B.C. First Nations Clean Energy Business Fund introduced as part of the Clean Energy Act in 2010.

Forrest Kerr, a 195-megawatt run-of-river power project, operates entirely on Tahltan territory about 300 kilometres north of Terrace. It will be the largest independent power project in the province when it starts producing power for the BC Hydro grid next year, and it's considered a vital first step in opening up the Northwest to new resource development, notably mining.

The other agreement gives the First Nation $1.2 million over three years to develop what Tahltan Central Council president Annita McPhee described in an interview as a "lands office' to assess environmental, wildlife and other impacts of proposed developments on their territory.

For example, there are between 15 and 20 mines proposed for Tahltan territory and they will all require an assessment from the First Nation, which would be working with the provincial government.

Two years ago, the Tahltan in a referendum approved construction of a high-voltage transmission line that will deliver sufficient power around the region to support large-scale mine development.

McPhee said the Tahltan realized their communities would be "impacted forever" when they voted to approve the transmission line.

"We wanted to form a relationship with the government so that we could have some control over the development that's being proposed in our area," McPhee said.

"We are very cautious about what we want to see developed in our territory and what we want to see protected. That's definitely going to be a delicate balance where everyone is going to have to tread lightly."

Ida Chong, Minister of Aboriginal Relations and Reconciliation, described the deals as stepping stones to the eventual development of a comprehensive treaty.

"If we wait until the treaty there would be no benefits flowing (in the interim)," Chong said. "New tools" including economic benefit sharing, strategic engagement agreements, interim treaty agreements and revenue-sharing agreements cover the gap, and "allow us I believe to advance treaty more quickly."

For companies that must consult with First Nations as they advance resource development projects, Chong added, deals such as the shared decision-making agreement with the Tahltan provide a greater level of certainty. "I think we've seen the anxiety is greater when you are investing thousands - if not millions - of dollars only to end up in court and face litigation."

Paul Kariya, executive director of Clean Energy B.C., noted that the Tahltan had previously struck an impact benefit agreement with AltaGas, the Forrest Kerr project developer.

That earlier deal commits Alt-aGas to a mix of financial benefits, employment and options for the Tahltan to purchase a greater ownership share in Forrest Kerr.

"This shows the proof in part of how our industry operates on the landscape and it's a new way of doing business," Kariya said.

"We want more opportunities to see more of these come, because I think in some respects this is almost the way to incremental treaty making, if you will, and I think our industry has been a leader in that with the agreements we strike."

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