MMF Welcomes Canada Energy Regulator's Decision in Current Dispute with Pallister and Manitoba Hydro

October 11, 2019

Winnipeg, MB - On October 10, 2019, the Manitoba Metis Federation (MMF) was informed that the Canada Energy Regulator has - in response to concerns raised by the MMF - appointed a panel to consider whether Manitoba Hydro is complying with the certificate conditions for the Manitoba-Minnesota Transmission Project (MMTP).

"We are thankful that the Canada Energy Regulator has listened to our concerns and initiated a review to ensure that the Province and Manitoba Hydro are held to account for their commitments to the Manitoba Metis Community," said MMF President David Chartrand. "The Pallister government has not acted in good faith nor has it exhibited a so-called gold standard of consultation when it comes to working with the Founders of Manitoba."

As a part of its supplemental Crown consultation on the MMTP, Canada recognized how Manitoba Hydro, based on the illegal and unconstitutional actions of the Pallister Government, is attempting to avoid the commitments it has made to the MMF. Canada made amendments to the certificate conditions for the MMTP to ensure that Manitoba Hydro will be required to uphold its commitments to the MMF in order to comply with its federal license.

Importantly, Condition 3 requires that Manitoba Hydro must implement all the commitments made to the MMF, including commitments such as the July 2017 Agreement and other agreements on the record. Manitoba Hydro has failed to honour these commitments.

The amended certificate conditions are a direct result of the supplementation consultation process that the MMF engaged in with Canada. Condition 3, and others, are accommodation measures that were expressly created by Canada to discharge its duty to consult and accommodate the Manitoba Métis Community.

"The licence condition is an accommodation measure that must be honoured by Hydro," added President Chartrand. "Canada is clear that this is required in order to fulfill their duty. If Hydro is permitted to ignore this accommodation measure, the consultation and regulatory processes become nothing but a sham that proponents can walk away from without consequences. This cannot be the case."

The MMF has repeatedly written to the Canada Energy Regulator and to Manitoba Hydro to outline that the certificate conditions put in place by Canada must be honoured. Manitoba Hydro will now have to prove that it is complying with the conditions or it will be in breach of its federal license.

A copy of the Canada Energy Regulator's October 10, 2019, letter to Manitoba Hydro is available at: https://apps.cer-rec.gc.ca/REGDOCS/Item/Filing/C02204

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