Stoney Nakoda appeals pipeline decision for Suncor development

The designation of Eden Valley reserve is holding up a new Suncor development.

Early last month, Justice Patricia Rowbotham of the Alberta Court of Appeal granted appeals filed separately by the Stoney Nakoda First Nations and two groups of private landowners the right to be heard on the grounds that the Energy Resources Conservation Board may have erred in its ruling that Eden Valley reserve was not an urban centre.

The board ruled that under ERCB Directive 056 of a “city, town, new town, village, summer village, hamlet with not fewer than 50 separate buildings, each of which must be an occupied dwelling, or similar development the ERCB may designate as an urban centre” that Eden Valley didn’t fit the criteria.

Information presented to the ERCB indicated there were 100 separate residences with 650 people in the Eden Valley reserve which equaled five residences per quarter section.

“That did not meet our task,” said ERCB spokesperson Davis Sheremata. ERCB required that the population density be eight residences per quarter section.

The difference in the designation is a little more than one kilometer location of the trunk line. The ERCB ruled in June that Suncor’s pipeline could run as close as 320 metres from Eden Valley reserve’s boundary and 500 metres from the nearest residence. However, the urban centre designation requires 1.5 km setback from the reserve’s boundary.

While winning the designation challenge would not stop the development on its own, Stoney Nakoda First Nations lawyer Douglas Rae said it will provide physical challenges for Suncor, which could delay or prevent the project.

“One point of stated reasons for Suncor not using the 1.5 km setback right now is because there are engineering difficulties in keeping it that far away from the reserve,” said Rae.

Suncor spokesperson Kelli Stevens said any difficulties Suncor may face if relocation is necessary is “fairly speculative. We’re not going to get into that right now because that’s really in the future. Right now the focus is on the appeal.”

The proposed Eden Valley sour gas development was originally a project of Petro Canada but was taken over by Suncor.

The ERCB’s June decision approves the 11-well Sullivan field project, which is located on Crown lands but is close to a number of ranches and the Eden Valley reserve, a part of the Stoney Nakoda Nations. ERCB’s approval also includes a central facility and a gathering system of pipelines.

Rae noted that Rowbotham turned down a second ground of appeal put forward by the Stoney Nakoda Nation, which argued that treaty and Aboriginal off-reserve rights were being impacted by the ERCB ruling.

The appeal is expected to be heard by the Alberta Court of Appeal in the new year.

Both the ERCB and Suncor said they will participate fully in the process and will abide by the court’s decision.

If the appeal is successful, Rae expects the matter to be turned back to the ERCB “to redo in accordance to whatever the Court of Appeal decides.”