Sagamok Enters Capacity Funding Agreement with Massey Solar Inc. (Potentia Renewables) for Massey Solar Project Consultation

Introduction

Sagamok Anishnawbek has entered into a capacity funding agreement withMassey Solar Inc., an affiliate of Potentia Renewables Inc., to support consultation on the Massey Solar Project.

The Massey Solar Project is in the Township of Sables-Spanish Rivers, about 8 kilometres outside of Massey and 14 kilometres outside of Sagamok’s reserve lands. It is within Sagamok Anishnawbek’s Area of Interest for Heightened Consultation, and overlaps with the Wawaskagaming (Birch Lake) area, which holds important cultural, historic, and archeological value.

This capacity funding agreement provides Sagamok with the resources needed to properly evaluate the project before taking a position.

Let’s take this opportunity to unpack what capacity funding agreements really are in the context of major policy or project proposals, as well as how capacity funding relates to the government’s duty to consult, and what the funds are spent on. Finally, we’ll lay out what the community can expect to see next as this capacity funding agreement is implemented.

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What is a Capacity Funding Agreement?

In this context, a Capacity Funding Agreement establishes that a proponent (a government, a business, or both) will provide financial resources to a First Nation to ensure the First Nation has the capacity to meaning fully participate in consultation and engagement activities related to a proposed policy or project.

Capacity Funding Agreements are grounded in the principle that meaningful consultation requires time, expertise and resources. First Nations should not have to reach into their own community’s pockets to participate in consultation – especially because projects often require technical expertise, such as legal, environmental, archeological, etc.

Massey Solar Inc., will provide Sagamok Anishnawbek with financial resources to ensure Sagamok can meaningfully participate in consultation about the proposed Massey Solar Project.

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Capacity Funding and the Duty to Consult

While not enshrined in a single national law, Capacity Funding Agreements are the status quo in Canada. Capacity funding has become an expected part of consultation with First Nations, particularly for major resource, infrastructure, and energy projects.  

Under section 35 of the Constitution, as well as several Supreme Courtof Canada decisions, the Crown has a duty to consult First Nations when it considerspolicies and/or projects that may impact Aboriginal and treaty rights.

Although governments hold the legal duty to consult, project proponents(companies) often carry out much of the procedural consultation on the Crown' s behalf. Governments and companies recognize that consultation cannot be meaningful if a First Nation lacks the resources to carry out the activities needed to evaluate a proposed policy or project. As a result, capacity funding is now standard practice in Canada.

The Massey Solar Project site is located within Sagamok’s traditional territory and Area of Interest for Heightened Consultation. For this reason, the project proponent, Massey Solar Inc. is carrying out the Crown’s duty to consult Sagamok. The established Capacity Funding Agreement ensures that Sagamok can meaningfully participate in the project’s review process.

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How is the funding used?

Capacity/consultation funding is used for activities such as obtaining legal advice, hiring technical experts to review documents and reports, and conducting community engagement.

As outlined in the signed Capacity Funding Agreement, Sagamok will use funds for consultation activities, including, but not limited to:

·      Conducting field visits by First Nations monitors to ensure activities, including environmental and archeological, are being done in a good way;

·      Professional review of technical documentation related to the project; and

·      Hosting community meetings to hear from community members and Elders about the potential impacts of the project.

·      Providingfeedback to identify potential adverse impacts as well as proposed solutions tohelp mitigate them.

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What happensnext?

Sagamok Development Corporation (SDC) and the Claims and Negotiations Unit (CNU) are responsible for implementing the terms of Sagamok’s Capacity Funding Agreement with Massey Solar Inc. This will include deploying local field monitors, reviewing technical reports alongside industry experts, and providing community members with opportunities to voice their opinion as Chief & Council work to take a position on the project.

We encourage you to keep an eye on the CNU Web Page, where Consultation Notices are posted frequently, and where there is a form to submit feedback. The date, time, and location for community information and engagement sessions will be provided when confirmed.