Editorial Part I: Kitimat needs a world class council

kitimatlogoKitimat voters in the upcoming municipal election should carefully, very carefully, consider who are the best candidates that will, as much as humanly possible, produce a “world class” municipal mayor and council.

Northwest Coast Energy News will not endorse any individual for mayor or council in the 2014 municipal election.

However, this election is probably the most important in the District’s history and so this editorial will outline the issues facing the District of Kitimat.

When that council takes office in January 2015, it must have one item high on the agenda. Plan B. That’s B for Bust. In the past few days, just as the nomination process closed for municipal candidates, the world’s commodity markets began showing a sharp downturn and that commodity downturn will be a factor, like it or not, during the years that the new council will be in office.

So the District of Kitimat, elected officials and staff will have to consider both a possible boom if LNG goes ahead or a bust if the world’s commodity markets tank, as some are already predicting. (Although it should be noted that apocolyptic news is good “click bait” in part two we will discuss the consequences of the current commodity down turn)

Why a “world class” council?

The term “world class” has been bandied about a lot recently, especially by BC Premier Christy Clark and Prime Minister Stephen Harper. But that “world class” term has largely been political spin. For Clark it gives her government a hall pass if they decide, in the end, that Northern Gateway isn’t worth the trouble. For Stephen Harper, “world class” is nothing more than a propaganda term.

When it comes to Kitimat, however, it is wise to take the term “world class” seriously. How many small town councils have to deal with the world’s second largest corporation, Royal Dutch Shell, the twelth, Chevron and, if Glencore takes over Rio Tinto, the tenth? How many small town councils have to deal daily with federal and provincial governments, governments that while praising Kitimat for its potential really want to bury it by taking for themselves much of the advantages that industrial development could bring here?

There is already one world class local council in the region, just down the road in Kitamaat Village, the Haisla Nation Council, which shows that with strong, intelligent and determined leadership, a small group can come out ahead in tough negotiations with giant transnational corporations and the governments. Yes, rights and title do give the Haisla Nation a negotiating and legal advantage, but a paper advantage is useless without vision and as Chief Counsellor Ellis Ross has said in interviews, the abiity to learn from mistakes and apply those lessons. We’ve heard people say that if Ellis Ross ever chose to run for mayor of Kitimat (which he wouldn’t because he is focused on improving the lives of the Haisla) he would win in a landslide.

The present council has had a couple of major failures, both with the Northern Gateway project. The first was the failure to participate in any way with the Joint Review process. Council chose to be neutral, and stubbornly maintained that neutrality meant sitting out the entire Joint Review hearings rather than participating in such a way that the Kitimat was properly represented during the hearings without taking a stand one way or another. The Haisla intervenors ablely not only represented the interests of the Nation, by default the Haisla often represented the interests of the entire district before the JRP. The second was the plebisicite which had a convoluted question and protracted disageement on how the plebisicite should be managed.

The question for voters is have those candidates for mayor and council who are part of the present adminstration shown a willingness to learn from those mistakes and do better in the next four years?

Which candidates for mayor and council have the intelligence, determination and vision to quide Kitimat during the next four years. Which candidates have the negotiating saavy and yes (whether male or female) cojones to get the best deal for the District in the coming years?

Access to the ocean

The big issue in this election, whether or not we are in a boom or a bust, is action to ensure that the residents of Kitimat have unimpeded access to the ocean for both casual recreation and for boaters. That means Kitimat needs a tough, determined council that is willing to really represent the residents in in the water access issue.

When it comes to the Regional District’s actions on the sale of MK Marina, the District of Kitimat has acted like a wimp. The attitude seems to be well, Kitimat has only one vote on regional council and the rest of the region doesn’t really care, so there’s nothing we can do about it. True leadership would be finding an imaginative way to make sure the interests of the people of Kitimat in gaining access to the ocean are not lost in regional council indifference.

It also means that there must be better relations with the Haisla Nation and a way around the fact that Rio Tinto controls far too much of the waterfront.

There’s also the long term problem that the federal government decreed two years ago, without consulting either the District or Rio Tinto, that the private port would become a public port. We’ve heard nothing about that since but the Harper government’s potential interference with the port of Kitimat cannot be ignored.

That may mean hiring additional staff. This site has said time and time again the District needs its own in house staff city solicitor who can deal with all the issues that come up, rather than depending on occasional legal advice from a lawyer on retainer. If the district can hire smart planners and economic development officers, it should also bring back the position of “harbour master” which existed on paper some years ago and that way there would be one district staffer who could use that title (even if conflicts with the feds) to work full time on ocean access.

Experience counts

One thing is certain, all members of the current District Council have had a huge work burden during the past three years, a work burden far beyond anything that is normal for a small municipal council in a town of 8,000 people. That work burden will likely increase during the next four years.

Experience counts. Voters should ask which councillor and mayoral candidates have handled that work burden the best? Which of the candidates, new or old, are genuinely willing to take on that burden, which will range from negotiating (within the powers of a municipality) with some of the world’s giant corporations, many with a century of more of negotiating experience, while at the same time dealing with perennial issues like snow clearing in the winter, garbage collection during bear season and deciding which of Kitimat’s unique system of sidewalks need to be fixed this year?

New blood

There are at least two positions on council that are up for grabs by new comer candidates. Who ever wins those positions will change the makeup of council, may even change the voting pattern (which during the current situation was often four to three one way or another, with Corrine Scott who is not running again, often, but not always, casting the deciding vote). So the voters should listen carefully and decide no matter what their position on all issues, who are the candidates that will strengthen the overall council.

One issue candidates

While we won’t know for certain until the debates, there appear to be a number of one issue candidates running, candidates that, it seems, want to refight both sides of the Northern Gateway plebisicite.

Unless these candidates show a wider vision the voters should reject those candidates.

On the “pro development” side there is a strange notion that if Kitimat could only elect a council that welcomes any industry, any time, then the world will beat a path to our door. That’s not only a fantasy, it’s a bad negotiating tactic as Christy Clark has found out. Clark in her provincial election campaign put all her political eggs in the LNG basket and (to mix metaphors) now the LNG industry is calling her cards and Clark has very little in the pot and a very weak hand. The big corporations would love a council that comes begging, cap in hand and will take any handouts the company may offer. Just look at Petronas and what it is demanding (not asking) from British Columbia.

On the other hand, a candidate who is stubbornly on the environmental side is also a danger to the future of the district, since that candidate may also be an impedement to tough negotiations needed to protect the district’s environment including the Kitimat airshed, the Kitimat River and the Kitimat Arm.

Electing a council that is unbalanced either on the pro development side or the pro environment side will solve nothing and will only increase the polarization in the community.

Electing one issue candidates who care only about one side or the other energy debate while it may give some voters satisfaction, will likely mean that these candidates, if elected, will not be working hard on the day-to-day municipal issues like water, sewerage, snow clearing, how many books the library has or unraveling the recycling condundrum.

So cast your ballot for those candidates best suited to take on the world, while at the same time making sure the sidewalks are safe.

Editorial Part II:Commodities dropping: Whether it is a correction or a cyclical downturn, Kitimat needs a plan B

You might not be seeing it at the gas pumps at the moment, but you soon will, the price of gas has gone down by 30 per cent since June.

Prices of key commodities, oil, coal and iron ore are dropping. And the weakness in the market for two of those commodities oil and iron ore should be setting off the alarm bells in Kitimat and the northwest.

The declining price of oil will soon affect all those energy-related projects that are supposed to bring an economic renaissance to northwest British Columbia.

As for iron ore, people might ask, what does iron ore have to do with us, there are no iron mines or steel mills around here.? However, in the highly integrated world economy, Rio Tinto is one of the world’s largest producers of iron ore, the decline in iron ore prices is affecting Rio Tinto’s bottom line and that is why, analysts say, the company may be vulnerable to a take over by the little known commodities giant Glencore.

There are two possibilities with commodity prices. Some analysts see the decline in commodity prices and the accompanying drop in prices on the world’s stock exchanges as a “correction” phase. However, others like Reuters analyst John Kemp says the downturn is an indication that the commodities “supercycle” has reached its peak and is on the way down.

The oil industry has always experienced very long, slow and deep cycles in supply, demand and prices: the current downturn is no exception.

Kemp says the current up cycle began around 2002, with rising oil prices. The financial collapse in 2007 and 2008 briefly interrupted the cycle but now according to Kemp and other analysts there is a glut of oil on the market and prices are falling world wide.

High prices meant not only new plays, especially in the Alberta bitumen sands, but also stronger efforts to save money by increasing energy efficiency and, yes, turning to cheap natural gas.

There are also new factors at play. In the past when there was a downturn in oil prices, OPEC led by Saudi Arabia, would limit supply to keep the price at a profitable level. However, the flood of oil on to the market from shale oil plays, mainly in the United States but also in Canada, has meant that OPEC can’t do that anymore. Too much competition. So the analysts say, the Saudis and other OPEC members are actually starting a price war to retain market share.
When Kemp was writing last week, he said the key marker, North Sea Brent crude:

if prices are adjusted for inflation (using average U.S. hourly earnings), Brent prices are at the lowest level in real terms since October 2007, exactly seven years ago.

There has always been a lot of skepticism among long term residents of Kitimat who have seen boom and bust cycles before and so they, rightly as it turns out, have been wary of industrial promises. Then there’s the current housing debate which may soon see the out of region speculators and developers caught with their pants down in the midst of a Kitimat January blizzard.

The commodity downturn also shows the foolishness of the politicians, business people and commentators who kept saying that BC is a “natural resource economy” and restrictions on corporations and strong environmental requlations will only hurt that economy. Who needs diversification? Who needs a fishing guide anway? It is fairly clear already that Christy Clark’s promises of a debt free province have as much credibility as speculating in Dutch tulip bulbs.

As for the idea among some here that if Kitimat had only voted in favour of Enbridge Northern Gateway, the gates to ecomonic paradise would open, that is foolishness. You can be certain when the Saudi princes decided on a price war to keep themselves in the luxorious lifestyle which they believe they are entitled, they didn’t consider whether Kitimat voted for or against Northern Gateway.

Editorial Part I: Kitimat needs a world class council

So what does Kitimat need to know

The nail in the coffin for Northern Gateway?

The Northern Gateway project was already in deep trouble before the downturn in oil prices.

Writing in The Globe and Mail last week, Jeff Rubin noted.

Part of the impetus behind constructing new pipelines to carry bitumen from northern Alberta to the U.S. Gulf Coast, Kitimat on the Pacific, or even all the way across the country to Saint John, N.B., was to help close the substantial discount between Canadian oil and world prices. Well, crude’s recent drop into the $85‑a‑barrel range has basically collapsed the once wide‑open spread that had existed between West Texas Intermediate and Brent crude with hardly any new lengths of pipe being laid into the ground at all.

Rubin went on to note that the decision by the Saudis to launch the price war has changed everything.

For pipeline companies with major proposals on the table, such as TransCanada and Enbridge, falling oil prices are a game‑changer of the same magnitude that rising prices were a decade ago. Back then, soaring prices created an urgent need to build new pipelines to connect North America’s burgeoning supply to coastal refineries and world markets.

We’re now in a different world. At the root of today’s problem is global demand that is no longer growing quickly enough to support the prices necessary to keep expanding expensive unconventional sources of supply such as the oil sands. Lower prices will effectively strand those reserves regardless of the transportation options that may become available. Even if President Obama approved Keystone XL or the National Energy Board gave the green light to Energy East, falling commodity prices mean that soon there might not be enough oil flowing out of northern Alberta to fill those new pipelines.

This week’s near disaster with the Russian container ship Simushir, where the coast of Haida Gwaii was saved by a change in the wind direction, hasn’t helped either.

Will the refinery fade to black?

Economists have always been skeptical about David Black’s plan for the Kitimat Clean refinery and Black has admitted that he also had not much support for the refinery idea either from the hydrocarbon indusry or from government.

Most important, Black has said that he as a businessman intends to eventually make a profit by selling refined product. In fact on his website, Black said he expected the refinery to go into profit after just seven  to ten years of operation.

But now comes the flaw in Black’s business plan. According to the website, the Kitimat Clean project is based on North Sea Brent Crude priced at $110 US a barrel. The refinery would take advantage of the “discount” on deliveries of Alberta bitumen crude which the site estimated at $35 a barrel. Black’s site says the refinery would be profitable if it could purchase bitumen at a $23 discount, making $12 a barrel over the world price.

Unfortunately, as of this writing, 11 am on October 20, the price of Brent Crude is now $85.79 and dropping slightly. West Texas Intermediate Crude, the other bench mark is even lower at $82.79 a barrel.

It looks like the drop in oil prices wipes out Black’s plan for profitability, since Brent Crude is already $25 a barrel cheaper than Black had projected.

What’s that got to do with the price of gas?

The falling price of crude oil is also going to have a major impact on the liquified natural gas projects in the northwest. The current economic situation will soon see the short term players and speculators cut and run, leaving, it is hoped, a couple of long term players in the west coast LNG terminal market. However the volatility in the dropping oil market may mean that the all important Final Investment Decisions are delayed yet again.

That’s because, at the moment, in Asia, the price of natural gas is calculated as a per centage of the price of crude oil, what is called the Japan Cleared Customs price. And as the LNG Journal has reported the price of LNG in Japan has dropped to the 2009 level.

 East Asian Delivered LNG Indicator Price hit its lowest level since 2009 at $12.30 million British thermal units with European Brent crude oil prices collapsing to $82.85 per barrel. The East Asia LNG price is based on the Japanese Crude Cocktail method of assessing long-term contract cargo prices for Japan, based on oil which last hit current levels and then slipped below $80.00 per barrel during 2009.

The idea of LNG exports, especially since the Japanese earthquake in 2011, is that the companies can make a big profit by buying natural gas at low North American prices, exporting and then selling at the higher Asia price. In a free market world, however, the Asian countries and companies have, for the past few years been balking at buying at the higher JCC price and attempting to buy at the much lower North American Henry Hub price which at this writing was $3.72 MMBTu. Today’s JCC LNG price was $12.75, still higher than the North American price, but as LNG Journal notes, at a five year low.

Bloomberg reports that slump in oil prices is already threatening the Northwest’s greatest rival in LNG, Australia.

Weaker oil prices may put proposed LNG projects “to sleep for a number of years,” Fereidun Fesharaki, chairman of Facts Global Energy, an industry consultant, said in a phone interview. “For the projects that are already under construction, it hits their pocketbooks seriously.”

Prices below $80 a barrel may be a “disaster” for some projects, said Fesharaki, who forecasts Brent may decline to $60 a barrel before the end of the year, then rebound to about $80 by the end of 2015.

and

“There’s no doubt if we were to see the type of crude oil prices we’re seeing now continue they would be looking at lower LNG prices,” Daniel Hynes, senior commodity strategist at Australia and New Zealand Banking Group Ltd., said by phone. “On face value, it would put pressure on margins.”

Long term LNG prospects

On the other hand, long term prospects for LNG exports are good. Demand in the Asian markets is still growing.

LNGpricesAccording to the Nikkei Asian Review, the Japanese  Ministry of Economy, Trade and Industry projects that by 2020, 70 per cent of Japan’s LNG will come from Australia and North America. That doesn’t mean that Canada won’t have rivals, the projections say that the United States, which is just starting many of its LNG export projects could be Japan’s third largest customer with Canada in fourth place.

There are big benefits to getting LNG from North America and Australia. The unlikeliness of pirate attacks is one. There is also less political uncertainty. And then there is the price. U.S. shale gas, for example, costs about 20% less than what Japan currently pays for LNG.

Diversification

With the Rio Tinto Alcan Kitimat Modernization Project construction phase winding down, with some uncertainty about the future of Rio Tinto itself and with more possible delays in the Final Investment Decisions for LNG Canada and Kitimat LNG, Kitimat needs a Plan B (and a Plan C or D or E).

The idea of a retirement community is no longer viable, costs of housing, even if they drop, are just too great.

Kitimat’s second strength has always been tourism and fishing. In 2015, there must be stronger efforts of support both fishing and tourism, which, in the long term will support that regions economy through good times and bad.

That means the new council must be firm in demanding (yes demanding) full access to the Kitimat waterfront and that includes a well-managed marina or marinas that have the capacity for recreational, adventure and fishing guiding and industrial use.

The District of Kitimat must come up with a plan that will promote the advantages of the region as a tourist and fishing destination. While the Chamber of Commerce has being doing a good job, up to now as the main promoter of tourism, Kitimat’s public image across Canada and the world is soley industrial and the District should assume more responsiblity for changing that image. The economic development staff at the district have been working largely on large scale industry. It should devote more time and money to the natural wonders of the area.

The plan B should also mean balance. Balance between industry and environment. The sneering contempt for those who want to protect the environment of the northwest is short sighted thinking, because a large proportion of the economy will depend for decades to come on attracting visitors to the wild beauty of of this part of British Columbia. That means, as much as it can within municipal powers, the new council must strengthen environmental protection in Kitimat.

Back in the 50s, Kitimat was planned for a future, a future that didn’t exactly work out when the price of aluminum slumped in the early 60s. Now we’re facing a slump in energy prices, so those plans will change. The plan B must include, as much as possible, creating a mainstay base that will smooth out the boom and bust of the commodities cycle.

The motto on the Kitimat snowflake logo is “A marvel of nature and industry.” The new council should make sure that motto is applied during the coming years.

Kitimat: Do you know the way to Santa Fe? Time for some vision in development

St. Miquel Santa Fe
The San Miquel Mission in Santa Fe, New Mexico, was built between 1610 and 1619. Santa Fe  mandates that building in the city continues to reflect its historic heritage. (Robin Rowland/Northwest Coast Energy News)

Updated with additional links

“Is there  a longterm vision for Kitimat?” Spencer Edwards,  one of the public delegates, asked District of Kitimat Council Monday night, August 18, as there was yet another public hearing on the highly controversial development on Kingfisher Avenue.

If there is a vision for the future of development in Kitimat, it appears, to say the least, that both Council and the overworked Community Planning and Development division are struggling to find something. It is more likely that with the sudden increase in development, that both Council and staff just don’t have time to “do the vision thing.”

Clarence Stein Kitimat
Clarence Stein’s Kitimat Townsite report

The growing objections to the Kingfisher development of either 40 or 53 townhouses and a second development Riverbrook Estates, that would be beside the Dyke Road  off Kuldo near to the Riverlodge Tennis Courts, a mix of single family homes, townhouses and apartments, shows the vision gap.

Public delegations are demanding just that— a vision.

Download Clarence Stein’s Kitimat Townsite Report from the DoK website (large PDF  file)

At council meetings over the past weeks, a number of delegates have referred to Clarence Stein’s original vision for Kitimat from the 1950s. A note to Council from the residents of Marquette Street presented in opposition to the Kingfisher development says:

This is not what the famous American Architect, Urban Planner and Founder of the Garden Cities movement, Clarence Stein had envisioned a modern town with a population of 50,000 resident when he designed Kitimat over 60 years ago. He would be turning inside his grave.

Stein asked the same question. In his plan for Kitimat (page 45) he said future councils, staff and developers must ask: “What do the people themselves want?”

It’s fairly obvious by now that what the people of Kitimat want is more housing—there is, after all, a housing shortage at the moment. It also crystal clear that the residents of Kitimat do not want cookie cutter town houses and apartments built, as the Marquette note says “as is happening in Surrey, Port Coquitlam and so many other places in the Lower Mainland.”

Spencer Edwards
Spencer Edwards asked District of Kitimat Council on Monday, “Is there a strategic long term plan, long term vision for the development of Kitimat. Does it simply involve industry or a diverse range that’s in place, and if that plan is in place, is it possible to view it at some point.”
(Robin Rowland/Northwest Coast Energy News)

“Kitimat is full of hicks”

While developers (just like energy companies) come before Council and make presentations of their vision, with assurances of respect for this community, there is a dark side.

When the developer delegations left the Council Chambers Monday after their presentations, some of them were overheard by witnesses in the parking lot disparaging what had just gone on inside from both council members and citizen delegations, saying that “Kitimat is unsophisticated”….”doesn’t understand how things were done in the big city” and… “Can’t make up their minds.”

As one of my sources who overhead the conversation remarked, “They must think Kitimat is full of hicks.”

While it is uncertain which of the developer and real estate delegations made the remarks in the dark, it is clear if that is the real attitude toward development in Kitimat, then vision, not “let’s get on with it” must be the priority.

There must be strong development regulations to ensure that anyone building in the District must be held strictly to account to keep those assurances (and not be allowed to say market conditions have changed to get out of any commitments). More than that what Kitimat needs and needs now is an updated version of Stein’s vision, not the “motherhood” statements found in the current Official Community Plan.

So Kitimat, do you know the way to Santa Fe? (We’ll get there in bit).

Community Plan

Council and staff keep referring to the Official Community Plan (OCP) which some delegates complained was hard to find on the District website. (You can download it from the District website at http://www.kitimat.ca/assets/Business/PDFs/official-community-plan-2008.pdf )

Unfortunately the OCP is more of a motherhood document than a plan for the future of Kitimat. It’s also obsolete: a 2007-2008 rewrite of the original 1987 plan, updated with a few paragraphs in 2013 (as required by law, it is reconsidered every five years) There’s an already obsolete table predicting continuing decline of Kitimat’s population over the next quarter century (although a nearby graph does include possible population increases as well as declines).

On the future of Kitimat, the opening paragraphs read circa 2008

Kitimat’s population, after peaking in the mid-80s, has been in a general decline to fewer people than in 1956, primarily because of external factors beyond the control of the local municipality. Kitimat, like many other rural communities across Canada, is being affected by world markets and resultant demographic shifts as economic power and population is concentrated in major metropolitan centres. It is hoped that population will grow again and there are potential projects that would support this. New industry may locate here or existing businesses may expand based on the deep sea port, relatively low-priced land, and the proximity to natural resources. Kitimat’s future remains uncertain.

Even with the few updates in 2013, it seems no one expected the current building boom. That means the OCP can’t handle the boom, whether or not it continues or fades away.

The problem facing those who want development in Kitimat is that much of provincial law is pretty clear, a developer looks at the OCP, which has little specifics, then the zoning and then, if everything is in order, apply for a development permit, gets it and the goes ahead.

At Monday’s meeting,  Edwards asked, “Is there any indication of what quality of development is being put in place?”

Deputy Administrative Officer, Warren Waycheshen, replied that the zoning plan for the Kingfisher development “allows what the setbacks are going to be, height, distances, it doesn’t set the building quality. That will come through the development permit stage.”

There have been the same arguments over and over in Kitimat in the past year, where a new developer or a developer doing renovations, often from out of town, were able to go ahead and do what they wanted, with little regard for the residents of Kitimat, its history and the vision of Clarence Stein.

This brings me to Santa Fe, how Kitimat can maintain Stein’s vision and how Kitimat can use the development permit process to ensure that happens. That means an urgent program of updating and strengthening the development permit system to reflect Stein’s vision across the district.

Santa Fe

Stanta Fe

Santa Fe, New Mexico, was a crossroads of the Old West, home of the Pueblo First Nation which for centuries before the coming of Europeans built pueblos out of adobe. Adobe  (not the software) is an old Arabic word meaning “mud brick” adopted into Spanish during the time of the Moors, brought to the New World and used by the Spanish in New Mexico, and taken up by the Americans who came via the Santa Fe Trail and then the railhead for the Atchison, Topeka and Santa Fe Railway.

In 1912, New Mexico became the 47th US State; Santa Fe became the capital.

At the same time, the Santa Fe local government adopted the 1912 equivalent of a BC Official Community Plan,

Here from Wikipedia is a short explanation: 

In 1912, when the town had only 5,000 people, the city’s civic leaders designed and enacted a sophisticated city plan that incorporated elements of the City Beautiful movement, the city planning movement, and the German historic preservation movement. It anticipated limited future growth, considered the scarcity of water, and recognized the future prospects of suburban development on the outskirts. The planners foresaw conflicts between preservationists and scientific planners. They set forth the principle that historic streets and structures be preserved and that new development must be harmonious with the city’s character.

As CBS News Sunday Morning reported earlier this year: 

The end of the fabled trail of pioneer days, Santa Fe is today the oldest state capital city in our nation. And if its earth-tone structures hark back to the Pueblo originals, well, that’s by design….. Almost a century ago, city fathers mandated use of the style all over town, predicting — accurately, as it turned out — that it would be good for the tourist trade. Today, even fast food outlets and big box stores are clad in Santa Fe style.

That CBS report was right on. I visited Santa Fe a few years ago, and noted how much of the town, especially the famous art galleries reflected that adobe style. The big box stores and the fast food joints are the same—and who cares about corporate building branding; the familiar signs were all that was needed.

What struck me was a mall I saw on the outskirts of town while driving to the airport. It was a mall, in many ways no different from the boring cookie cutter malls you see in Surrey, Coquitlam or Nanaimo—with one exception. It was built in the Santa Fe Adobe Style and looked a whole lot better than the uniform malls you see from almost every highway in North America.

Editor’s Note: CBS News Sunday Morning is scheduled to repeat its special report on Santa Fe By Design, this Sunday,  August 24.   Due to sports programming Sunday Morning is usually pre-empted in the Pacific Time Zone. If you have cable or satellite and access to a CBS east coast station, watch or set your PVR from 0900 to 1030 ET (0600 to 0730  PT)

That is what “new development must be harmonious with the city’s character” means and that’s what Kitimat should do. Make sure all future development is truly harmonious with Kitimat’s character.

santafeadobe2Not that there aren’t the usual tensions and disputes over what harmonious means. As the Wall Street Journal reported last year, there is now some resistance to the old style among residents, including those outside the municipality’s jurisdiction or away from the historic districts where the rules are the strictest.

As the Journal reports:

a new wave of contemporary homes is springing up around the city’s less regulated outer edges, transforming the once uniform landscape and pushing southwestern design in new directions. Glints of glass and steel are now dotting the city’s earth-toned desert surroundings

Some home owners want to be completely contemporary and get away from the adobe style. On the other hand, as the Journal reported, some architects are working on innovative designs that blend the adobe style with the ultra modern:

Some local architects aim to meld traditional and contemporary architecture in their designs. While traditional materials of adobe homes—stucco and plaster walls, for example—are still used in many contemporary homes, the lines on modern designs are crisp and clean instead of rounded. Many of the contemporary homes around Santa Fe are characterized by large expanses of glass, clerestory windows and skylights—sometimes in unexpected places, such as in laundry rooms and showers—and muted stucco exteriors accented with steel that blend into the landscape.

A vision for development permits

Note that these new buildings “blend into the landscape,” something that Clarence Stein emphasized for Kitimat.

Although Kitimat Community Planning and Development says on their website that Stein’s Townsite Report is a “must read,” it is doubtful that any of the developers have actually read it.

Note also that the Garden City concept that was the foundation of Kitimat was itself, in part, based on the now century-old City Beautiful movement that gave Santa Fe its character.

So there is a connection between the design of that desert city and this small town in the rainforest of the Northwest.

After Monday’s Council meeting, I asked Warren Waycheshen if there were any “heritage” or “look and feel” policies in British Columbia. Waycheshen told me that while it is difficult to mandate “harmonious character” and “blending into the landscape” at the zoning level, it can and has been done at the development permit stage in a few BC communities.

The closest example is Smithers which mandates downtown businesses be consistent with the town’s European alpine style. As well, both Whistler and Gibson’s have stringent development permit guidelines that do maintain the nature of both towns.

(And for those developers who think that wanting harmonious development is “unsophisticated,” well they can look at Santa Fe and Whistler)

Up until now in Kitimat, some in politics, some in the real estate and development communities have had an Oliver Twist approach, saying to every developer “Please, sir can we have some more?”

So far none of the designs presented before Council for any development have shown any innovation or imagination. None of them have any harmony with Kitimat’s character

. Even with the need for housing, there is time to slow things down and reconsider whether taking “off the shelf” projects originally designed for the land crowded Lower Mainland are right for Kitimat.

That’s because none of the Liquified Natural Gas projects are anywhere close to the Final Investment Decision Stage.

Many of the delegations to Council have warned about overbuilding and the possibility that slap dash, cookie cutter development could quickly deteriorate into slums if the boom doesn’t happen. There is some limited time to consider all the issues. Most residents who live around the Kingfisher development would prefer buildings with a higher quality that could be sold on the basis of its proximity to the golf course. There are fears that many developments, based on the Lower Mainland “build higher” philosophy would be inappropriate for seniors.

There is one consideration—that is the size of buildings. Both District Staff and developers cite changing demographics (average household size dropping from 3.2 to 2.4 persons) and the fact the large single family homes, such as the “berry” development by Oviatt Construction are too costly for young families who would prefer and could afford townhouses.

Dreary weather in Kitimat
Do Kitimat planners consider the sometimes gloomy weather as Clarence Stein proposed. (Robin Rowland/Northwest Coast Energy News)

Harmonious townhouses

We have to ask what kind of townhouses? The original Stein report, in a chapter written by planning subcontractors Mayer and Whittlesey noted on page 220,

Larger-than-normal houses, for people will stay much indoors; covered terraces and breezeways where children can play. A large number of houses should have a cellar or attic space for workbench and game table. Provision of wood burning fireplaces should have special consideration, as a focus of interest and cheer in a rainy climate.

So smaller houses for affordability or larger houses so people can get through the fall and winter without getting cabin fever? Just how much Seasonal Affective Disorder happens in Kitimat? And beside the weather, people are staying indoors a lot of these days watching satellite TV, playing video games and on the Internet. All factors the developers aren’t considering.

Have Kitimat’s planners and builders ever considered how home design might help alleviate SAD?

Let’s throw out the boxes and have the architects go back to the drawing board or AutoCAD and design a townhouse that is right for Kitimat.

There are a lot of worries about snow clearing and parking in the narrow streets of the proposed developments. While district staff say the Kingfisher development meets “municipal parking standards” perhaps all those concerns by experienced long-time residents mean that those standards should be reconsidered rather than used as a rubber stamp.

It’s amazing that in the late 1940s and 1950s a bunch of men in New York (yes men, Stein, the man of his age, calls for planning by men) who at first had never been here, could imagine and create the Kitimat that became “the town of the future,” while today developers from Vancouver, Calgary or wherever do nothing more than pull an AutoCAD file off a hard drive, make a few tweaks and cosmetic changes and then try to convince residents, staff and council that this will be great for Kitimat.

Yes many of the original houses in Kitimat were “off the shelf” at the time but they were also often new and innovative for the 1950s. This is a chance to create a new vision but practical vision for the 21st century. The provincial government has mandated all community planning must consider climate change. There is no indication at all that the current development designs take climate into consideration.

What must be done

Isantafeabobe4t’s time for Kitimat to rewrite the development permit standards, so that the original Stein vision is incorporated into every future development, whether residential, commercial, industrial or institutional. Some of the ideas will have to be updated from the 1950s to reflect changes in demographics, economics and technology. If Santa Fe, a modern hub of artistic and high tech innovation can do it, Kitimat can do it on a smaller scale.

 

 

Immediately

Since time is somewhat tight, ask the current developers, on a voluntary basis, to submit new ideas that show their projects won’t be just another subdivision in Surrey, new designs compatible with Kitimat.  If developers want to build here, now and in the future, they are going to have to use their imagination and skill to bring Stein’s vision into the 21st century. Tell the developers that now they have to prove to Kitimatians that they don’t really believe this is a hick town.

Short term

Update development rules and guidelines

District staff, Council members, the Housing Committee and other interested groups should take a crash look at development guidelines and development permit rules and as soon as possible update those that can act as a guideline for future changes that reflect the Stein vision.

Hire a District Solicitor

We recommended this during the Enbridge Northern Gateway Joint Review hearings and when the LNG companies began environmental review. All the problems with potential development again show the need for a full time District Solicitor who will be in the District offices working with staff and members of council and attending council meetings to understand the needs of the residents of Kitimat on all issues. Having a lawyer on retainer who is not involved with community is no longer an option.

Medium term

Overhaul development rules and guidelines

Continue the work recommended for the short term and have staff, locally based developers and locally based engineering companies familiar with Kitimat form a task force to overhaul the development rules and guidelines so that developments fit into both an updated Clarence Stein vision and the uncertain economics of this region

Longer term

A new Official Community Plan Kitimat OCP

The current “maybe this, may be that” Official Community Plan is completely inadequate for the needs of Kitimat. It is little more than a collection of database copy and paste, motherhood bureaucrat speak with no significant reference to Stein’s original vision.

The community needs an OCP that has a strong, well-defined two track approach, one that assumes the LNG boom will go ahead, that Kitimat will grow, and a second that assumes that the new industry might pass us by and Kitimat may have to revert to planning diversification with an emphasis on tourism.

That also means looking for and hiring the Clarence Stein of the 21st Century, whether that person is in New York, Vancouver, London or Singapore.

The current OCP was largely written by Stantec, which seems to be the go-to consulting firm for everyone. While the involvement of Stantec may not have been an issue in 2008, Stantec is the same company that is now working for Enbridge and most of the LNG projects. That is a clear conflict of interest.

Kitimat needs a visionary who can build on what Stein and his colleagues did 60 years ago. While Stein was working for Alcan, what is needed in 2014 and beyond is truly independent consultant, not one serving a dozen different masters.

That includes maintaining harmony with the forested nature of the region. Without going completely the same way as Santa Fe, perhaps future construction in Kitimat should conform, within market conditions, to a style that reflects the demands of building in the northwest, like heavy snow loads and long days of dreary rain while at the same time is more reflective of the northwest natural environment. That means including the brilliant idea of sidewalks and green spaces at the back of houses, not just boxes on standard suburban streets. That doesn’t have to mean duplicates of First Nations’ longhouses or settlers’ log cabins.

A Kitimat “look and feel” should challenge architects to create a style that says Kitimat and the northwest while at the same time drawing plans that are economic for both the developer and the buyer, just as architects in Santa Fe are bringing a century-old vision into the 21st century.

If the current crop of developers think that Kitimat is unsophisticated, doesn’t understand what goes on big cities, and takes too long to make its mind, well we live here and you don’t and you won’t. If Kitimat does have a rosy economic future, it is highly likely that the community and district can find developers who aren’t in-and-out carpet-baggers but who will build something that will make a profit, be affordable for the buyer and be harmonious with the community and Stein’s vision updated for the 21st century.

As Stein asked, “What do the people themselves want?”

Editor’s note: My late father, Frederic Rowland, was Alcan’s assistant property manager in Kitimat, involved in town planning from Vancouver in the mid-50s and in Kitimat from 1957 to 1965 and thus one of the Alcan staff charged with implementing Stein’s vision.

 

Additional links

Kitimat Daily
Kingfisher Housing Development to be continued in September

Massive Density Increase Gets Mixed Reviews

Santa Fe

Santa Fe Architecture

Santa Fe’s Historic Adobe Architecture

Los Angeles Times

Santa Fe proudly boasts its Pueblo-style architecture

 

Ocean acidification growing risk to west coast fishery, including crab and salmon, US studies show

The United States says acidification of the oceans means there is an already growing risk to the northwest coast fishery, including crab and salmon, according to studies released by the National Oceanic and Atmospheric Administration.

As more carbon dioxide is released into the atmosphere and absorbed by the oceans, the water is becoming more acidic and that affects many species, especially shellfish, dissolving the shells.

A NOAA study released today of environmental and economic risks to the Alaska fishery says:

Many of Alaska’s nutritionally and economically valuable marine fisheries are located in waters that are already experiencing ocean acidification, and will see more in the near future…. Communities in southeast and southwest Alaska face the highest risk from ocean acidification because they rely heavily on fisheries that are expected to be most affected by ocean acidification…

An earlier NOAA study, released in April, identified a long term threat to the salmon fishery as small ocean snails called pteropods which are a prime food source for pink salmon are already being affected by the acidification of the ocean.

Pteropod
This photograph from NOAA of a pteropod, important in the ocean diet of pink salmon, shows the first evidence of marine snails from the natural environment along the U.S. West Coast with signs that shells are dissolving. (NOAA)

NOAA says:

The term “ocean acidification” describes the process of ocean water becoming more acidic as a result of absorbing nearly a third of the carbon dioxide released into the atmosphere from human sources. This change in ocean chemistry is affecting marine life, particularly the ability of shellfish, corals and small creatures in the early stages of the food chain to build skeletons or shells.

Today’s NOAA study is the first published research by the Synthesis of Arctic Research (SOAR) program, which is supported by an US inter-agency agreement between NOAA’s Office of Oceanic and Atmospheric Research and the Bureau of Ocean Energy Management (BOEM) Alaska Region.

Canada’s Department of Fisheries and Oceans says it has ongoing studies on oceanic acidification including the role of petropods in the lifecycle of the salmon.

Des Nobles, President of Local #37 Fish [UFAWU-UNIFOR] told Northwest Coast Energy News that the fisheries union and other fisheries groups in Prince Rupert have asked both the Canadian federal and the BC provincial governments for action on ocean acidification. Nobles says so far those requests have been ignored,

Threat to crabs

The studies show that red king crab and tanner crab grow more slowly and don’t survive as well in more acidic waters. Alaska’s coastal waters are particularly vulnerable to ocean acidification because of cold water that can absorb more carbon dioxide and unique ocean circulation patterns which bring naturally acidic deep ocean waters to the surface.

“We went beyond the traditional approach of looking at dollars lost or species impacted; we know these fisheries are lifelines for native communities and what we’ve learned will help them adapt to a changing ocean environment,” said Jeremy Mathis, Ph.D., co-lead author of the study, an oceanographer at NOAA’s Pacific Marine Environmental Laboratory in Seattle, and the director of the University of Alaska Fairbanks School of Fisheries and Ocean Sciences Ocean Acidification Research Center.

As for Dungeness crab, Sarah Cooley,  a  co-author of the Alaska study, who was with the Woods Hole Oceanographic Institution at the time, told Northwest Coast Energy News, “The studies have not been done for Dungeness crab that have been done for king and tanner crab, that’s something we’re keenly aware of. There’s a big knowledge gap at this point.” She says NOAA may soon be looking at pilot study on Dungeness crab.

Healthy pteropod
A healthy pteropod collected during the U.S. West Coast survey cruise. (NOAA)

Risk to Salmon, Mackerel and Herring

In a 2011-2013 survey, a NOAA-led research team found the first evidence: “that acidity of continental shelf waters off the West Coast is dissolving the shells of tiny free-swimming marine snails, called pteropods, which provide food for pink salmon, mackerel and herring.”

The survey estimated that the percentage of pteropods along the west coast with dissolving shells due to ocean acidification had “doubled in the near shore habitat since the pre-industrial era and is on track to triple by 2050 when coastal waters become 70 percent more corrosive than in the pre-industrial era due to human-caused ocean acidification.”

That study documented the movement of corrosive waters onto the continental shelf from April to September during the upwelling season, when winds bring water rich in carbon dioxide up from depths of about 120 to  180 metres to the surface and onto the continental shelf.

“We haven’t done the extensive amount of studies yet on the young salmon fry,” Cooley said. “I would love to see those studies done. I think there is a real need for that information. Salmon are just so so important for the entire Pacific Northwest and up to Alaska.”

In Prince Rupert, Barb Faggetter, an independent oceanographer whose company Ocean Ecology has consulted for the fisherman’s union and NGOs, who was not part of the study, spoke generally about the threat of acidification to the region.

She is currently studying the impact of the proposed Liquified Natural Gas terminals that could be built at Prince Rupert near the Skeena River estuary. Faggetter said that acidification could affect the species eaten by juvenile salmon. “As young juveniles they eat a lot of zooplankton including crustaceans and shell fish larvae.”

She added, “Any of the shell fish in the fishery,  including probably things like sea urchins are all organisms that are susceptible to ocean acidification because of the loss of their capacity to actually incorporate calcium carbonate into their shells.”

Faggetter said her  studies have concentrated on potential habitat loss near Prince Rupert as a result of dredging and other activities for liquified natural gas development,  She adds that ocean acidification “has been a consideration that climate change will further worsen any potential damage that we’re currently looking at.”

Her studies of the Skeena estuary are concentrating on “rating” areas based on the food supply available to juvenile salmon, as well as predation and what habitat is available and the quality of that habitat to identify areas that “are most important for the juvenile salmon coming out of the Skeena River estuary and which are less important.”

She said that climate change and ocean acidification could impact the Skeena estuary and “probably reduce some of the environments that are currently good because they have a good food supply. If ocean acidification reduces that food supply that will no longer be good habitat for them” [juvenile salmon].

NOAA expediton
Bongo nets are deployed up to 200 meters deep to catch marine snails (pteropods), which are indicators of the progress of ocean acidification. The pteropod samples were collected during the U.S. West Coast survey cruises in 2011 and 2013. Unlike the US, Canada’s DFO is using models to track what’s happening to pteropods. (NOAA)

The  August 2011 NOAA survey of the pteropods was done at sea using “bongo nets” to retrieve the small snails at depths up to 200 metres. The research drew upon a West Coast survey by the NOAA Ocean Acidification Program in that was conducted on board the R/V Wecoma, owned by the National Science Foundation and operated by Oregon State University.

The DFO study, according to the agency website is “being examined in the context of model predictions.

Nina Bednarsek, Ph.D., of NOAA’s Pacific Marine Environmental Laboratory in Seattle, the lead author of the  April pteropod paper said, “Our findings are the first evidence that a large fraction of the West Coast pteropod population is being affected by ocean acidification.

“Dissolving coastal pteropod shells point to the need to study how acidification may be affecting the larger marine ecosystem. These near shore waters provide essential habitat to a great diversity of marine species, including many economically important fish that support coastal economies and provide us with food.”

Ecology and economy

Today’s study on the effects of acidification on the Alaska fishery study examined the potential effects on a state where the fishing industry supports over 100,000 jobs and generates more than $5 billion in annual revenue. Fishery-related tourism also brings in $300 million annually to the state.

Map of Alaska
A map of Alaska shows the economic and ecological risks to parts of the state from ocean acidification. (NOAA)

The study also shows that approximately 120,000 people or roughly 17 percent of Alaskans rely on subsistence fisheries for most, if not all of their dietary protein. The Alaska subsistence fishery is open to all residents of the state who need it, although a majority of those who participate in the subsistence fishery are Alaska’s First Nations. In that way it is somewhat parallel to Canada’s Food, Ceremonial and Social program for First Nations.

“Ocean acidification is not just an ecological problem—it’s an economic problem,” said Steve Colt, Ph.D., co-author of the study and an economist at the University of Alaska Anchorage. “The people of coastal Alaska, who have always looked to the sea for sustenance and prosperity, will be most affected. But all Alaskans need to understand how and where ocean acidification threatens our marine resources so that we can work together to address the challenges and maintain healthy and productive coastal communities.”

The Alaska study recommends that residents and stakeholders in vulnerable regions prepare for environmental challenge and develop response strategies that incorporate community values and needs.

“This research allows planners to think creatively about ways to help coastal communities withstand environmental change,” said Cooley, who is now science outreach manager at Ocean Conservancy, in Washington, D.C.  “Adaptations can be tailored to address specific social and environmental weak points that exist in a community.

“This is really the first time that we’ve been able to go under the hood and really look at the factors that make a particular community in a borough or census are less or more vulnerable from changing conditions resulting from acidification. It gives us a lot of power so that we don’t just look at environmental issues but also look at the social story behind that risk.”

As for the southern part of the Alaska panhandle nearest British Columbia, Cooley said, “What we found is that there is a high relative risk compared to some of the other areas of Alaska and that is because the communities there undertake a lot of subsistence fishing, There tend not be a whole lot of commercial harvests in the fisheries there but they are very very important from a subsistence stand point… And they’re tied to species that we expect to be on the front line of acidification, many of the clam species that are harvested in that area and some of the crab species.”

Long term effects

Libby Jewett, Director of the NOAA Ocean Acidification Program  and author of  the pteropod study said,  “Acidification of our oceans may impact marine ecosystems in a way that threatens the sustainability of the marine resources we depend on.

“Research on the progression and impacts of ocean acidification is vital to understanding the consequences of our burning of fossil fuels.”

“Acidification is happening now,” Cooley said. “We have not yet observed major declines in Alaskan harvested species. In Washington and Oregon they have seen widespread oyster mortality from acidification.

“We don’t have the documentation for what’s happening in Alaska right now but there are a lot of studies staring up right now that will just keep an eye out for that sort of thing,  Acidification is going to be continuing progressively over the next decades into the future indefinitely until we really curb carbon dioxide emissions. There’s enough momentum in the system that is going to keep acidification advancing for quite some time.

“What we need to be doing as we cut the carbon dioxide, we need to find ways to strength communities that depend on resources and this study allows us to think differently about that and too really look at how we can strengthen those communities.

Faggetter said. “It’s one more blow to an already complex situation here, My study has been working particularly on eel grass on Flora Bank (pdf) which is a very critical habitat, which is going to be impacted by these potential industrial developments and that impact will affect our juvenile salmon and our salmon fishery very dramatically, that could be further worsened by ocean acidification.”

She said that acidification could also be a long term threat to plans in Prince Rupert to establish a geoduck fishery (pronounced gooey-duck).

The popular large 15 to 20 centimetre clam is harvested in Washington State and southern BC, but so far hasn’t been  subject to commercial fishing in the north.

NOAA said today’s study shows that by examining all the factors that contribute to risk, more opportunities can be found to prevent harm to human communities at a local level. Decision-makers can address socioeconomic factors that lower the ability of people and communities to adapt to environmental change, such as low incomes, poor nutrition, lack of educational attainment and lack of diverse employment opportunities.

NOAA’s Ocean Acidification Program and the state of Alaska are also developing tools to help industry adapt to increasing acidity.

The new NOAA study is the first published research by the Synthesis of Arctic Research (SOAR) program. which is supported by an inter-agency agreement between NOAA’s Office of Oceanic and Atmospheric Research and the Bureau of Ocean Energy Management (BOEM) Alaska Region.

The pteropod study was published in April in Proceedings of the Royal Society B. The ecological and economic study is published in Progress in Oceanography.

Kitimat air shed study raises more questions than it actually answers

The sudden release early Friday, July 18, by the British Columbia Ministry of the Environment about the Kitimat Valley air shed study brings more questions than the answers it provides; some questions are political, some technical.

The questions include

1. Why was the study suddenly released after the province said it was “privileged?”
2. Did the apparently rushed release mean that the study, as far as the public is concerned, is incomplete?
3. While most people in Kitimat believed that the study would be a wide ranging look at all parameters of industrial development in the valley, it was limited to just two factors, sulphur dioxide and nitrogen dioxide.
4. It appears that everyone involved were consulted prior to the release with one key execption, the District of Kitimat. Why?
5. The study appears to have changed in its criterion from the time of the request for proposal and the final release one issue—an oil export terminal, which went from “crude” in the request for proposal  to refined in the final report.

Douglas Channel
Clouds over Douglas Channel. (Robin Rowland/Northwest Coast Energy News)`

While the study is spun has a showing that industrial development in the Kitimat Valley can proceed as long as the environment is properly managed, the gaps and the spin will likely bring doubt to the results. That means that a wider ranging and truly independent study of the air shed is needed so that both residents and industry can then make the proper decisions.

Ironically, a proper study may actually come from industry, rather than government since LNG Canada has said that a full air shed study will be part of its environmental assessment filing expected in the fall.

The air shed proposal

In October  2013, the Ministry of the Environment issues a “request for proposal” to “study potential cumulative effects to environment and human health from existing and proposed industrial facilities in the Kitimat airshed.” to be filed by March 31, 2014.

According to the government website,

The Province will fund a $650,000 scientific study to help inform regulatory and policy development for future industrial activity in the Kitimat area. The goal is to ensure the potential impacts from industrial air emissions are clearly understood prior to new projects being approved and in operation.
The Kitimat Airshed Impact Assessment Project will look at the cumulative effects of existing and proposed industrial air emissions in the airshed. These include emissions from: an existing aluminium smelter, three proposed LNG terminals, a proposed oil refinery, a crude-oil export facility, and gas-turbine-powered electrical generation facilities. The study will focus on sulphur dioxide and nitrogen dioxide emissions from these facilities.
The study will assess the impact of emissions through a number of scenarios, including their potential effects on water and soil, as well as on vegetation and human health from direct exposure.

With that news release, it appears that many people assumed that “cumulative effects of existing and proposed industrial air emissions in the air shed,” would include all possible scenarios and contaminants.

The report, when it was released on Friday, covered just  the “focus” sulphur dioxide and nitrogen dioxide and no other factors in air quality.

Crude or refined oil export?

airshedmap3As Northwest Coast Energy News noted that the report, as released, doesn’t include any references to the Enbridge Northern Gateway project, even though Northern Gateway is a source of “proposed industrial air emissions in the air shed.” The request for proposal also mentions “a crude-oil export facility” but the report as issued concerns a marine terminal for Black’s refinery

David Black’s Kitimat Clean website says 

The products will be exported via a marine terminal on the Douglas Channel. Projected volumes include 320,000 barrels per day of diesel fuel, 110,000 barrels per day of gasoline and 60,000 barrels per day of jet fuel.

The map in the main report clearly shows that the study concerned the “Kitimat Clean Refinery Port” not a crude oil export facility—in other words likely Enbridge Northern Gateway.

Kitimat excluded

On October 21, 2013,  District of Kitimat Council endorsed a motion by former Councillor Corinne Scott:

“The BC Government has recently announced a budget of $650,000 to study the cumulative effects on the air quality due to the proposed industrial development in the District of Kitimat. It would be beneficial to have a representative from the District of Kitimat as an active participant on the committee to provide input and feedback as the study progresses.”

At the time Chief Adminstrative Officer Ron Poole told council that the minister’s office had called and promised to “involve the District.”

At that meeting, Councillor Mary Murphy reported that member were “vocal” at the Union of BC Municpalities that it was essential that Kitimat be involved. Councillors suggested that the study be wide ranging and include emissions already in the area and residual emissions left over from the closed Eurocan and Methaex operations.

The provincial final air shed report makes no mention at all of the District of Kitimat, Eurocan or Methanex.

In April, 2014, after the March 31, reporting deadine, the District and Council had heard nothing from the province. So in April, District Council passed a motion asking for a report on the status of the study.

Crown Privilege

In June, the province refused to release the report to lawyers involved in a suit against the Environmental Assessment Board which is challenging Rio Tinto Alcans’ permit to increase sulphur dixoide emission in the valley. According to the Globe and Mail,  Dennis Doyle, a lawyer with the Ministry of the Attorney General, in the RTA suit, wrote to the Environmental Law Centre in Victoria

In a follow-up letter dated June 12, Mr. Doyle said, “On the matter of the Kitimat Airshed Study I am instructed that this report was prepared to guide development of government policy on industrial development in the Kitimat area and to assist the executive council in its ongoing deliberations. It is not a report that was prepared for the Respondent and played no part of the decision-making process for the permit amendment which is now under appeal.”

In mid-July, the lawyers then asked the Environment Assessment Board to either turn over the air shed report or explain why it was covered by Crown Privilege.

The EAB told the province to respond to that question by July 18. Instead there was a hastily called news conference and the report was released. However, a close look at the report shows that it was likely rushed to meet the EAB deadine and was incomplete—rather surprising for a report that was supposed to be complete by March 31.

Rushed report

airshedcoverWhat evidence is there that the report was rushed out by the Ministry of the Environment? The most compelling indication is that instead of a public-friendly Summary Report with an executive summary and clear conclusions, there was nothing more than a short Power Point presentation.

Most people in Kitimat who follow the energy debate are familiar with the approach of combining a readable summary with technical data. It is most evident in the report of the Enbridge Northern Gateway Joint Review, which issued a relative short summary, Connections along with the long technical report, Considerations.

Let’s take as a prime example, the original report on the Kitimat airshed commissioned by Rio Tinto Alcan. In that case, ESSA Technologies Ltd of Vancouver, the company hired by the RTA Kitimat Modernization Project to study the effects of increased sulphur dioxide emissions in the Kitimat Valley, issued three documents, an easy to understand 37-page summary report, a much longer 456 page Technical Assessment Report and a third  332 page volume of appendices, technical data and tables.

It was the same company, ESSA Technologies, that was retained by the province to do the much larger study of the airshed. However, the only public-friendly information was the 16 page highly simplified Power Point presentation.

The ESSA summary report for RTA shows in plain language, the reasons for its conclusions that the increased sulphur dioxide from KMP on human health “is characterized as moderate, an acceptable impact, but in need of closer scrutiny with moderate monitoring.” That report also outlines the limitations and uncertainties of the study.

There was no similar plain language summary released for the overall provincial air shed study, even though it was produced by the same company and came to similar conclusions.  To find any limitations or uncertainties in the provincial air shed study you have to do a computer search for those key words.

So it is apparent that intended audience for the report is not really  those who live in Kitimat, where over the past five years there is wide knowledge that a summary release along with a technical report is considered a standard procedure.

Kitimat not consulted

At the Friday news conference, reporters asked Environment Minister Mary Polak several times about the delay in releasing the report, and then why it was suddenly released.

In answer to the initial question, Polak said, “We had always intended to release it.” She refused to comment on the claim of cabinet privilege, saying that was the responsibility of government lawyers at the Ministry of the Attorney General. She said that the government had received the March 31 report “by the end of April and “it went through quite a rigorous and thorough review by different agencies… we are satisfied now that the findings have been given the kind of rigorous overview and we’re pleased with what has resulted from that.”

Polak said the Haisla Nation were consulted before the commissioning of the report.

Asked again about who the BC government consulted during the review period, she replied, “There were a number of other groups involved in technical review, so not just Ministry of Environment, you’ll be aware of Northern Health authority, but Ministry of Natural Gas Development, Health Canada, Environment Canada and also specialist reviewers from the Province of Quebec, the University of Helsinki, UBC, also private consultants. Then we spent some time going over and having a technical review with Gitga’at and Coastal Coastal First Nations. So it was a matter of ensuring that we had done the very best review of the work before the occasion on which we released it.”

Which leaves one big question, why was the Province of Quebec and the University of Helsinki consulted and Kitimat, despite requests, was not?

Not in the report, not my department

The provincial government called for a report on the “cumulative effects of existing and proposed industrial air emissions” and noted it would focus “ focus on sulphur dioxide and nitrogen dioxide emissions from these facilities.” It is clear that the report did not go beyond the narrow focus on those two substances.

At the Vancouver news conference, a reporter  asked Polak why green house gases were not included.

She replied, “That’s not what this study was intended to look at. This department deals with pollutants and pollution and protecting our environment from it, whereas GHG [green house gas] emissions are dealt with in our department around climate change and climate action. These particular substances have an immediate impact on human health and vegetative health and the receiving environment generally unlike GHGs which are a more global impacted and of course have an impact on climate change. This study only looked at those pollutants sulphur doixide and nitrogen dioxide

Then a second reporter asked here about particulate matter, to which Polak replied, “Coming from the Fraser Valley I am very aware of the impact of particulate matter. Any industrial development that we permit in British Columbia or receives an environmental assessment certificate, particulate matter and the release of particulate matter is one of the things that gets evaluated as we determine whether or not to grant those permits. Or to put stipulations on those permits in order to ensure a reduction or management of particulate matter. That’s where that’s dealt with and we have some pretty good understanding of how that operates. We also have some modelling from this study.

“The reason this study didn’t report on that because we hadn’t asked them to. We specifically wanted to get at the issue of sulphur disoxide and nitrogen dioxide but please do not take frm that because it’s not in the study, it doesn’t get looked at. It simply gets looked at in a different process. In this case it was the understanding of the Kitimat air shed with respect to sulphur dixoide and nitrogen dioxide that we needed to have a better answers and better information.”

In other words, despite what the original proposal said: “The goal is to ensure the potential impacts from industrial air emissions are clearly understood prior to new projects being approved and in operation,” the provincial government is content to wait until the permit phase to consider particulate matter, rather than include particulate matter in the long term planning for the air shed.

And for green house gases, the same attitude seems to apply, either it’s not her department or it will be dealt with sometime in the future.

What’s going on in the air shed?

Although the provincial government has been able to spin that the air shed report clears the way for more industrial development in the region, the report isn’t much help for long term planning for those both for and against industrial development in the valley.

First one has to wonder just how comprehensive was the study, even when it comes to sulphur dioxide and nitrogen dioxide?

The report for Rio Tinto Alcan for just one substance—sulphur dixoide—from one industry—aluminum smelting–led to a 456 page technical report with 332 pages of appendices.

The provincial technical report adds  one more substance, nitrogen dioxide,  and adds four LNG facilities, an oil refinery, different export terminals for those industries, and two hydro generating stations plus related shipping, including a passing mention of vehicular and train traffic. The new report  is 363 pages, including the appendices. (It should be noted that the air shed report does reference some of the information in the RTA report)

The various studies for the Enbridge Northern Gateway, which often contained material on air emissions, included a much longer list of what in industry jargon are called CPOC “chemicals of potential concern,” including chemicals that might be released in trace amounts from the Northern Gateway terminal, but may be of more concern from LNG projects. Who knows unless those substances are studied?

As was required by the Joint Review Panel, Enbridge also studied potential problems from accidental release of air-borne contaminants from the Northern Gateway project. There is no mention of accidental release in the current air shed study.

Although the increase in truck traffic in Kitimat is clearly visible to people who live in the town, the air shed report also speculates that with LNG and a possible refinery, there will also be a significant increase in rail traffic coming into Kitimat, hauled, of course, by diesel locomotives, which the report says is “expected to be conservatively captured within the background concentration adjustment.”

Can the Valley “handle industrial expansion”

Stakeholders in the region from the District of Kitimat to the Gitga’at First Nation to various environmental groups asked for a comprehensive review of what is going to happen in the Kitimat air shed with industrial expansion.

So the answer to the question can the valley “handle industrial expansion” after the flawed and limited report from the provincial government is not “yes,” but “we don’t know yet.”

It appears that the report is part of Christy Clark’s ongoing campaign that LNG will save the provincial economy.

There are two factors the report ignores.

First the energy companies are going to make their final investment decision on cold hard facts, including their own assessment of the potential problems from the air shed, not spin from the provincial government.

Second, until there is a proper air shed study, the First Nations, including the Haisla in Kitimat, the Gitga’at at Hartley Bay, the Kitselas in Terrace  will not have solid evidence to make a decision on the details of the LNG or refinery development on their traditional territory and increased ship traffic along the coast and that will come into immediate conflict with the Supreme Court ruling on the Tsilhqot’in decision and the finding that “Whether a particular use is irreconcilable with the ability of succeeding generations to benefit from the land will be a matter to be determined when the issue arises.”

There is a new Orwellian phrase used by both the federal and provincial government. Every report is “independent” and “science-based,” although all they all tend to support the policy of the commissioning agency.

What the Kitimat Valley, Douglas Channel and the Terrace region need is a truly independent and truly science based and truly comprehensive evaluation of the air shed. At the moment, that doesn’t exist. It should whether it comes from industry or if the local governments can find the budget to fund a proper study or some combination of the two.

Links

Kitimat Airshed Assessment
RTA report Sulphur-dioxide-technical-assessment.html

(Scanned version of copy in Kitimat public library)

 

Related

Business in Vancouver

Kitimat airshed modelling has narrow focus

Vancouver Observer

Province’s air pollution study green lights LNG build-up, but ignores climate change

News release: Andrew Weaver MLA
New airshed study is a “nail in the coffin” for government LNG dreams in Kitimat

Kitimat can accommodate industrial growth, air shed study says. But where’s Northern Gateway?

The long awaited Kitimat air shed study, released by the province Friday, July 17, 2014,  says “that with proper management, Kitimat’s ai rshed can safely accommodate new industrial growth” without major affects on either human health or the environment.
Link to news release : Study shows Kitimat airshed can handle new industrial development 

The Kitimat Airshed Assessment looked at the cumulative effects of industrial air emissions, primarily sulphur and nitrogen oxides, and their potential impacts on both human health and the environment from

  • Rio Tinto Alcan’s existing aluminium smelter and its planned modernization
  • David Blacks proposed “Kitimat Clean” oil refinery at Onion flats
  • Four proposed LNG facilities; Shell-led LNG Canada, Chevron lead Kitimat LNG, the floating Douglas Channel LNG at the old log dump and a second floating LNG project called Triton.
  • BC Hydro gas turbine powered electrical generation facilities in Kitimat and near Terrace
  • Predicted increased to marine shipping in Douglas Channel.

The study was divided into two zones.

Health results were first examined for Kitimat townsite, the Kitimat Industrial Service Centre and Kitamaat Village.

The wider study included Gitga’at Old Town, Hartley Bay (Kulkayu), Kitimat-Stikine, Kitselas, Kitsumkaylum, Kshish, and Terrace.

Enbridge missing

There was one big factor missing from the study, it does not include the Enbridge Northern Gateway project, although the consultants who did the study do cite a couple of the air quality studies that Enbridge filed with the Northern Gateway Joint Review Panel. That despite the fact the Joint Review Panel under Condition 82 required that Enbridge file with the NEB for approval, at least four months prior to commencing construction, “an Air Quality Emissions Management and Soil Monitoring Plan for the Kitimat Terminal.”

The JRP report acknowledged that emissions from the Enbridge terminal would be minimal but would contribute to the cumulative effect of pollutant emissions from other industries and required Enbridge to consult with the District of Kitimat, the environment ministries and other industries in planning for emissions.

The map from the airshed study also shows that the  possible marine terminal for David Black’s proposed Kitimat Clean refinery project is at or close to where the proposed Enbridge Northern Gateway terminal would be.

airshedcover

Health and environment

The study looked at proposed emission levels and the effect of emissions elsewhere in the world and then compared those studies with the Kitimat Valley. It found that the risk of sulphur dioxide was “directly related to proximity to industrial area”–largely the Kitimat Service Centre area–and that there would be a minor increase in respiratory incidents of 0.5 per cent to 2 per cent, with a slight increase of nitrogen dioxide but those were within existing guidelines.

As for environmental impact, the study says nitrogen dioxide impacts will be low. There wil be “some increased risk of soil impacts” from sulphur dioxide. The study says there will be “no negative impacts to vegetation across all scenarios” but did find “potential for acidification” of seven small lakes.  Lakelese Lake is not one of those affected.

The study also doesn’t include particulate matter and although it does consider climate change, did not take into consideration possible increase of green house gases in the Kitimat Valley.

The consultants, Esssa Technologies of Vancouver, based its findings on an earlier study by Rio Tinto Alcan on emissions from the Kitimat Modernization Project and worked on those findings by adding new industries and a greater area to the models they used.

The province and industry says they will continue to monitor air, water, soil and vegetation “to ensure these values are protected.”

The higher levels of sulphur dioxide emissions from the Rio Tinto Alcan Kitimat Mondernization Project will be allowed to continue under the current permit. Environment Minister Mary Polack told reporters that will only change if the current court challenge to the sulphur dioxide levels are successful.

 

Map of Kitiamt
A map by Essa Technologies and Environment BC of the Kitimat valley airshed study shows locations for existing and proposed industrial or infrastructure development. It does not include the proposed Enbridge Northern Gateway project.
What Northern Gateway Joint Review said about emissions in the air shed
Among the 209 conditions imposed on the Enbridge Northern Gateway project is No. 82, an Air Quality Emissions Management and Soil Monitoring Plan.

Northern Gateway must file with the NEB for approval, at least 4 months prior to commencing construction, an Air Quality Emissions Management and Soil Monitoring Plan for the Kitimat Terminal…

This plan must include:
a) a description of the baseline, pre-construction conditions, informed by relevant modelling results and recent, existing monitor data;
b) locations of both air and soil monitoring sites on a map or diagram, including the rationale for the locations selected and the timing for installation;
c) methods and schedule of ambient monitoring for contaminants of potential concern in air (e.g., NO2, SO2, and H2S) and in soils (e.g., pH; major plant nutrients K, P, N, and S; and trace metals), and emissions source tracking;
d) data recording, assessment, and reporting details;
e) a description of the public communication and complaint response process;
f) additional measures that will be implemented as a result of monitoring data or ongoing concern;
g) the criteria or thresholds that will require implementing additional measures;
h) a description of the plan updating process;
i) a summary of Northern Gateway’s consultation with Environmental Canada and the British Columbia Ministry of Environment regarding the Air Quality Emissions Management and Soil Monitoring Plan. This summary must include any issues or concerns raised regarding the plan and how Northern Gateway has addressed or responded to them; and
j) a summary of discussions with the District of Kitimat and local or regional industrial emitters regarding collaborating on the plan’s design and implementation.

One of the things that the Joint Review Panel noted in requiring Enbridge Northern Gateway to have an updated plan and to collaborate with Kitimat and other industries is that levels of acceptable sulphur doixide in the atmosphere are changing and much of Northern Gateway’s modelling was based on standards that were becoming obsolete.

In the Joint Review Panel report, section 8.7, the JRP said:

Northern Gateway assessed changes in the atmospheric environment, including a modelled assessment of criteria air contaminant, hazardous air pollutant, and greenhouse gas emissions. Criteria air contaminants assessed by modelling included sulphur dioxides, nitrogen oxides, carbon monoxide, hydrogen sulphide, and particulate matter. Hazardous air pollutants were also modelled and included total volatile organic compounds (VOCs), benzene, toluene, ethylbenzene, and xylene (combined, BTEX), as well as hydrogen fluoride.

The provincial air shed report considered only two contaminants, sulphur dioxide and nitrogen dioxide.

Northern Gateway said there would be minimal atmospheric emissions from the construction and operation of the pipeline. The focus was on the Kitimat marine terminal.

The modelled assessment for the Kitimat Terminal included emissions associated with terminal operations, with the largest sources being vehicle traffic and
hydrocarbon storage tanks Northern Gateway used the conservative assumption of continuous ship berthing…emission rate) in order to capture the worst case scenario of concurrent adverse meteorology and maximum potential emissions. From the model results, Northern Gateway predicted that sulphur dioxide associated with operating the Kitimat Terminal would exceed the provincial air quality objectives (Level A) for all time periods. This after mitigation.

Environment Canada said that Northern Gateway took appropriate measures in designing and siting its proposed facilities to minimize adverse effects on air quality. It acknowledged Northern Gateway’s commitments to adopt best practices and to use economically-feasible best-available technologies in designing the Kitimat Terminal to minimize effects on air quality.

Northern Gateway ackknowledged that “due to the project interacting with nearby topographical features, where the largest sulphur dioxide emissions are from the
marine vessels, the highest concentrations were predicted to occur infrequently and immediately adjacent to the terminal fence line.

Northern Gateway, Transport Canada, the Heiltsuk First Nation and other stakeholders did acknowledge that eventually the vessels coming to Kitimat “would be subject to the reduced sulphur fuel requirements associated with the joint United States-Canada North American Emission Control Area.

Based on this, marine fuel sulphur requirements permitted in Canadian coastal waters (200-nautical-mile limit) would be 1.0 per cent in 2012, reducing further to 0.1 per cent by 2015. Northern Gateway predicted that sulphur dioxide emissions from marine vessels should be approximately 96 per cent lower than modelled once these new international fuel standards take effect. Northern Gateway also predicted exceedances of provincial air quality objectives in the area for carbon monoxide, particulate matter, hydrogen sulphide, and total reduced sulphur.

Northern Gateway said there “no exceedances of hazardous air pollutant guidelines were predicted as a result of the project itself” but there could be a cumulative effect with other industries in the Kitimat waterfront.

The Joint Review Panel ruled:

By the Kitimat Terminal’s proposed in-service date, there will have been significant changes to the number and magnitude of existing air emission sources since
the provincial emission inventory of 2000 was compiled, and since Northern Gateway completed its modelling assessment.

Regarding the sulphur emissions attributable to the terminal, marine vessel berthing would account for 97 per cent. Given that Northern Gateway used conservative assumptions regarding berthing in the modelling and that regulations coming into force regarding the sulphur content of marine fuels would further decrease predicted missions, the Panel finds that the modelling results presented in the application and subsequent filings are not predictive of the realistic potential effects on local air quality.

Based on the filed information about sulphur dioxide emissions, the Panel is satisfied that new modelling based on the updated information would indicate that sulphur dioxide associated with the Kitimat Terminal’s operations would not exceed provincial air quality objectives.

The Panel requires that further modelling, reflecting the current level of activity, equipment, and marine sources, must inform Northern Gateway’s design of the Air Quality Emissions Management and Soil Monitoring Plan for the Kitimat Terminal.

Updated modelling would be used to inform the monitoring program’s design, as well as to help ensure that the monitors are placed effectively to monitor both human and environmental health.

Cumulative effects on the atmospheric environment

Northern Gateway said that, during the Kitimat Terminal’s operations, tank maintenance and marine berthing would add a potential measureable contribution to regional cumulative environmental effects from air emissions. Northern Gateway incorporated the existing industrial sources in the Kitimat area in its modelling assessment, using the British Columbia Ministry of Environment’s emissions inventory. At the time the modelling was run, the available emission estimates from 2000 were used to characterize the existing sources in the airshed.

The Joint Review panel noted that over the time of the hearings”it heard of many changes to the industrial make-up of the Kitimat area since the 2000 emissions inventory was developed.”

Combining these with the predicted project emissions, the model results indicated predicted exceedances of regulatory thresholds for sulphur dioxide, carbon monoxide, particulate matter, hydrogen sulphide, and total reduced sulfur, though not at every averaging period.

Northern Gateway said that, due to the existing large emission sources and the region’s complex meteorology and topography, the exceedances are primarily attributable to the other industrial activities around Kitimat and not from the project itself.

Because there would be adverse project effects remaining after mitigation that could combine with the effects of other past, present, and future projects, and because cumulative effects are of primary concern, the Panel’s significance recommendation is given below in its analysis of cumulative effects.

The Panel finds that the emissions associated with the Kitimat Terminal’s operation would be minimal compared to the existing sources presented.

Although the modelled cumulative emissions exceeded many regulatory thresholds, the exceedances were predicted based on an out-of-date emissions inventory, and were predicted to occur prior to adding emissions from the project. Based on the information about sulphur dioxide emissions on the record, in addition to the modelling included in the application, the Panel is satisfied that new modelling based on updated information would indicate that sulphur dioxide associated with the Kitimat Terminal’s operations would not contribute to an increased exceedance of provincial air quality objectives, either through limited emissions or berthing management to limit emissions in particularly adverse conditions.

Related

Kitimat air shed study raises more questions than it actually answers

Why the Supreme Court decision on Tsilhqot’in Rights and Title may change the world

One small step for the Supreme Court of Canada, one giant leap for mankind.

A barely-noticed* part of the unanimous Supreme Court of Canada decision on Thursday recognizing the rights and title of the Tsilhqot’in First Nation to their traditional territory may—may— change the way resource companies operate, not just in Canada but around the world.

Spirit of Kitlope
Members of the Spirit of Kitlope Dancers, VIcki Amos, Sandra Grant, Gail Amos and Roberta Grant, celebrate the Supreme Court decision at the Hailsa-owned old hospital site, June 26, 2014 (Robin Rowland/Northwest Coast Energy News)

The ruling isn’t just about consultation, reconciliation and accommodation, it’s about the future.

A close reading of the decision, written by Chief Justice Beverly McLaughlin says the Crown, in its relations with First Nations, cannot “deprive future generations of the benefit of the land.”

While the ruling applies only to First Nations, it upholds the First Nations’ concept of “stewards of the land” for the future and thus could protect the environment for all future generations, aboriginal and non-aboriginal, in Canada and perhaps around the world.

The ruling says:

Aboriginal title, however, comes with an important restriction — it is collective title held not only for the present generation but for all succeeding generations. This means it cannot be alienated except to the Crown or encumbered in ways that would prevent future generations of the group from using and enjoying it. Nor can the land be developed or misused in a way that would substantially deprive future generations of the benefit of the land. Some changes — even permanent changes – to the land may be possible. Whether a particular use is irreconcilable with the ability of succeeding generations to benefit from the land will be a matter to be determined when the issue arises.

While the Supreme Court ruling was about a case in British Columbia, where previous decisions have shown that in that province, aboriginal title was not extinguished at the time of European settlement and, what the court calls, “declaration of sovereignty,” by the colonial powers, the decision is already seen as applying to First Nations across the country where they can prove long term use of the land.

Already there are those in the business community and among the conservative pundits who are raising the alarms about First Nations blocking resource development.

Perhaps, just perhaps, some big corporations are quietly approving the Supreme Court decision because it gives responsible companies a roadmap for their operations, that roadmap will, as the years go by, reduce, not increase, uncertainty.

Some companies, including the world’s biggest corporations are now thinking about the future. It is likely those companies are already planning new procedures and practices that will comply with the Supreme Court’s requirement of consultation and consent on First Nations’ traditional territory.

In May, at an LNG event in Vancouver, I was speaking to a high ranking energy executive whose responsibilities cover half the planet.

“Everything has changed in the past five years,” he told me. “Once all we had to do is talk to presidents and prime ministers, now we listen to everybody.”

What changed, he said, was the rise of social media, Facebook and Twitter.  “In one case five women in one small town shut down a project that would have been worth millions.” (He would not tell me the specifics and assured me it was true but he wasn’t prepared to give the details because it wasn’t his company that was involved).

“Not all my colleagues agree with me,” he said, “But in the end it’s good for business, if we genuinely engage with a community, we actually save on costs and get into profit sooner.” He said that smart companies in the energy sector have staff constantly monitoring social media, not to identify “enemies” but so top management can be aware of growing issues that may complicate their future operations.

This company generally, so far, has good relations with First Nations in British Columbia (although its record elsewhere in the world has been questionable at times in the past).

Kildala Arm
The entrance to the Kildala Arm off Douglas Channel, September, 2013. (Robin Rowland/Northwest Coast Energy News)

If truly responsible resource and other companies either willingly or are compelled to change their practices and investment decisions on First Nations’ land so that those projects consider future generations, and still make a profit, (which my source says they can) then it is likely that the companies will then adopt those practices in other parts of Canada where Rights and Title are not an issue and then around the world.

To use a marketplace phrase, it isn’t going to be “an easy sell.” For more than half a century now, the world has been plagued by the idea from Milton Friedman and other economists that a corporation has only one responsibility to its bottom line and “shareholder value.” With companies that still follow the no responsibility culture, comes the race to the bottom and the environmental degradation we have seen increasing in recent years.

As The Globe and Mail reported, the Business Council of British Columbia, an intervenor, said in its submission

Business groups say the Tsilhqot’in’s approach to title threatens the economy. “A territorial approach undermines the ability of corporations, and indeed First Nations, to ensure the global competitiveness that is required to attract capital … within natural resource sectors dependent on the land base,” a coalition of B.C. business groups, intervening in the case, told the Supreme Court in its written argument.

For years now global competitiveness has been used an excuse for deliberately ignoring or turning a blind eye to practices that “substantially deprive future generations of the benefit of the land.”

Even if no high court in any another country matches or cities the Supreme Court of Canada decision, (and they should for the rights of all indigenous people) smart companies will increasingly recognize their responsibility not to “deprive future generations of the benefit of the land.”

If those companies don’t change,  as the years go on and the environmental crisis worsens, courts in other nations will likely cite the Supreme Court of Canada and force those companies to be responsible.

In the long term, in the future cited by the Chief Justice, those companies that do work toward a true “benefit of the land” for everyone will have a competitive advantage, perhaps not in the coming years, but certainly in the coming decades.

To use another phrase, respecting the rights and title of First Nations and the stewardship of the land will be a “net benefit” to Canada in the 21st century, even if the bean counters don’t believe it.

Legal recognition of the concept of stewardship by a high court might also save the planet from total disaster.

*(Barely-noticed: I can only find one media account that mentions in passing, an op ed opinion piece in the Globe and Mail by Vancouver lawyer Albert Hudec Aboriginal court ruling won’t resolve real-world resource issues)

Harper assistant, Moore brush off Kitimat Northern Gateway plebiscite results

Both Prime Minister Stephen Harper and the Conservative political minister for British Columbia, James Moore,  have brushed off Kitimat’s concerns about the Northern Gateway Pipeline after a majority of residents voted to oppose the project.

After Kitimat residents voted on April 12,  1793  No or  58.42 per cent and  1278  Yes or 41.6 per cent against Northern Gateway, District Council voted on April 21 to oppose the project . Council also voted to send a letter to the Prime Minister informing him of the plebiscite results.

On June 13,  the Prime Minister’s Office responded to Kitimat with what was essentially a  form letter brushing off the district’s concerns and the plebiscite vote. That was four  days before the government officially approved Northern Gateway  along with the 209 conditions set by the Joint Review Panel. At the time, the government issued a news release about the approval, but no cabinet ministers or Conservative Members of Parliament commented on the decision for the media.

Even though Northern Gateway is a high priority for the Harper government, the Prime Minister did not bother to sign the letter himself. Instead it was Salpie Stepanian , an assistant to the prime minister who responded to the District for “taking the time to write.”

June 13 letter from Harper assitant Salpie Stepanian to the District of Kitimat
June 13 letter from Harper assistant Salpie Stepanian to the District of Kitimat

James Moore responded with a much shorter letter but apparently did sign the letter himself (if it wasn’t a sign-o-robot). He too thanked the District for writing and asked to be kept informed. Both letters were released at Monday’s District of Kitimat Council meeting.

James Moore letter
James Moore’s letter to the District of Kitimat

Notes: On Monday District of Kitimat Council approved a $2500 support grant to the Kitimat EconomicDevelopment Association that says it is “active in pursuing development that will return Kitimat to a robust, self-sufficient community.” The grant was conditional in that it cannot be used for “initiatives Council does not support”–in other words Enbridge.

Related: Harper government to District of Kitimat Drop Dead

Haisla purchase old hospital site from province. District agrees to help major new development

The Haisla Nation have purchased the old hospital site in downtown Kitimat from the BC government and are planning what will likely be a multi-million dollar development across from City Centre that will include a condominium-hotel, a new shopping mall and a restaurant.

Premier Christy Clark came to Kitimat Tuesday to announce the sales agreement along with Haisla Nation Chief Counsellor Ellis Ross. The agreement also involves the District of Kitimat indicating the beginning of building a new phase in the sometimes strained relationship between the district council and the First Nation.

Ellis Ross Christy Clark
Haisla Nation Chief Counsellor Ellis Ross presents BC Premier Christy Clark with a gift to mark the sale of the hospital lands to the First Nation. (Robin Rowland/Northwest Coast Energy News)

On the day that the Conservative government approved the Northern Gateway pipeline project, all sides pointed to the hospital site agreement as an example of partnership that could lead to development of liquefied natural gas and other industrial projects in BC’s northwest.

The old pink hospital, built when there were plans for a Kitimat with 50,000 people was closed in 2002 when the new Kitimat General Hospital was opened. The old building was dismantled and then imploded in 2005 at a cost of $1.9 million.  Five years later, in 2010, the land was transferred from Northern Health to the province.

That began four years of negotiations with provincial ministries, the Haisla Nation and the District of Kitimat, so that the First Nation could purchase the land which is on their traditional territory.

The land has sat idle since 2005, although it is prime real estate as the economy of Kitimat begins to boom with the growth of industrial projects like the $3.3 billion Rio Tinto Alcan Kitimat Modernization project at the aluminum smelter as wells the Shell-led LNG Canada and the Chevron-led Kitimat LNG projects.

“It’s an important land transfer from the perspective of the community because this land has sat empty for too long,” Clark said. “It’s time for economic development. It will be such a big part of creating lots of energy, lots of jobs in the community but it’s really a demonstration of the partnerships that we’re going to have to have to make LNG and prosperity work in British Columbia”

Ellis Ross
Haisla Chief Counsellor Ellis Ross speaks at the ceremony transferring the old hospital lands to the Haisla Nation (Robin Rowland/Northwest Coast Energy News)

Haisla Nation Chief Counsellor Ellis Ross told reporters, “This is an example of how things should be done” in regard to First Nations rights and title.  “Case law dictates how consultation must take place and if you respect and abide by them I think it proves we can actually come to a solution. BC’s not going anywhere, Canada’s not going anywhere, and First Nations aren’t going anywhere. None of us are going to get 100 percent of what we want. Where do we find that middle ground? It’s possible to do it if you actually take a page out of BC’s book and learn from the mistakes they made ten years ago to today where they’re doing things right.”

Both remarks were clearly intended to send a message to the federal government and Enbridge about consultations on the controversial Northern Gateway pipeline and tanker project.

Clark concentrated on showing the connection between the land deal and future liquefied natural gas development.

Kitimat Ground Zero

“There are over 13 LNG proposals for British Columbia, all of them are at various stages of developments and if anyone of those and we certainly hope it will be more than one reaches final investment decision, that is going to mean a lot of change,” Clark said.

“To make sure this happens, it means opening our doors, opening our doors to First Nations and of course the Haisla were ready and eager to walk through that door, working with labour to make sure we can build a workforce, working with educational institutions across the province to make sure we are
ready to be sure that British Columbians are first in line for those jobs.”

Christy Clark
Premier Christy Clark at the Kitimat ceremony (Robin Rowland/Northwest Coast Energy News)

“This site is really about nation building, it’s about community building and it’s about partnerships. This transfer of land will enable the Haisla to commercially develop this piece of property and that is going to mean huge opportunities in this community. It’s going to open up economic growth. It’s going to be a big benefit for Kitimat and the entire surrounding region on this piece of land that has sat empty for far far too long.

“We’re going to continue to work with the Haisla that have shown such vision and courage in leading the argument for LNG across this country and we want to make sure, as Ellis says that this property gets developed as soon as you possibly can. We’re very happy to work with the region of Kitimat, with industry with labour with First Nations to make sure we’re growing this opportunity for the future.

“We’re here because this was the day that worked for everybody. If there is a message for the country is that liquefied natural gas is a nation building opportunity. Ground zero is right here in Kitimat, this community is going to build our country the way that energy has built the country in the past. We have the resources in British Columbia to create hundreds of thousands of jobs and prosperity for every Canadian. I really want Canadian to know that this is not just a BC project. It’s not just a northwest BC project. It’s all these projects that are of national importance.

Ross did not put a cost on the project, since the first step is to do a survey for environmental remediation of the site.

An agreement in April between the Haisla and the District of Kitimat on how the lands will be developed was hailed at the ceremony as a step in healing the sometimes strained relationship between the District and the First Nation.

Ross praised the District of Kitimat for “their willingness to sit down and work with us,” adding that Tuesday’s agreement will lead to discussions on other issues.

Ross said Tuesday’s agreement is “a small step but significant” step in making the Haisla Nation members “self-determining from the ground up,” so they can get jobs without being dependent on either the Haisla Nation Council or other levels of government.

 

Spirit of Kitlope dancers
The Spirit of Kitlope dancers opened the land transfer ceremony. (Robin Rowland/Northwest Coast Energy News)

Northern Gateway

At the end of her speech, Clark deliberately brought up Northern Gateway, saying that “no heavy oil” project, including the Enbridge Northern Gateway, has met the province’s five conditions to proceed.

“We settled the five conditions, they’re very clear, they’ve been on the table for a very long time now,” Clark said. “It is up to the proponent in the private sector to figure how, if and when they’re going to be able to meet them. None of them have yet. So I want to assure people, that whatever decision the federal government announces today, our five conditions are not changing and none of the proposals have met those conditions, so we don’t support any of the projects as they stand.”

On the other hand, Clark said the proposed liquefied natural gas projects are “meeting all those five conditions. The companies that have invested in natural gas here in British Columbia are going to show the country that you can do business in British Columbia and we do it in a way that protects our environment and respects First Nations. We are proving we can do it, because we’re proving we can do it with LNG,”

Ross repeated that the Haisla are opposed to the Northern Gateway Project and that should the government’s decision approve the project, the next step is to go to court. He said that consultation by both the federal government and by Enbridge since the first contact in 2009 has been inadequate.

He told reporters, “One of the five conditions is that aboriginal interests are met and on behalf of the Haisla, I can say that one of the conditions that without a doubt that has gone wrong. The rest of the conditions are up to BC.”

 

 

Conservative government approves Northern Gateway project

As expected, the federal government has approved the Northern Gateway project.  In a news release this afternoon, Natural Resources Canada said that the “Government of Canada”  had accepted the 209 conditions set by the Joint Review Panel for the Northern Gateway.

In recent years, Stephen Harper’s government has usually issued news releases headlined “the Harper government.” The  headline on the NRC website also emphasizes the 209 JRP conditions and not the approval of the overall project, which is mentioned formally in the last line instructing the National Energy Board to issue the ” Certificates of Public Convenience and Necessity.”

 

Government of Canada Accepts Recommendation to Impose 209 Conditions on Northern Gateway Proposal
Proponent must demonstrate how conditions will be met, undertake further consultations with Aboriginal communities as part of next steps in regulatory process

Ottawa
Natural Resources Canada

The Honourable Greg Rickford, Canada’s Minister of Natural Resources, today issued the following statement outlining the Government of Canada’s decision after the Joint Review Panel’s independent review of the Northern Gateway Pipelines proposal to construct and operate two parallel pipelines to transport crude oil between Bruderheim, Alberta and Kitimat, British Columbia, and a marine terminal at the port of Kitimat. The proposal was submitted by Northern Gateway Pipelines Limited Partnership to the National Energy Board (NEB) for an environmental assessment and regulatory examination in 2010. This constituted the beginning of the regulatory process.

The Joint Review Panel for the Northern Gateway Project was an independent body established by the Minister of the Environment and the National Energy Board to review the project. The Panel’s rigorous science-based review included feedback from over 1,450 participants in 21 different communities, reviewing over 175,000 pages of evidence and receiving 9,000 letters of comment. The NEB is responsible for regulating some 73,000 kilometres of pipelines transporting crude oil, natural gas and petroleum products across Canada.

“In December 2013, the Joint Review Panel found that construction and operation of the Northern Gateway Pipelines project is in the public interest, subject to 209 conditions being met by the proponent. After carefully reviewing the report, the Government accepts the independent Panel’s recommendation to impose 209 conditions on Northern Gateway Pipelines’ proposal.

“Today constitutes another step in the process. Moving forward, the proponent must demonstrate to the independent regulator, the NEB, how it will meet the 209 conditions. It will also have to apply for regulatory permits and authorizations from federal and provincial governments. In addition, consultations with Aboriginal communities are required under many of the 209 conditions that have been established and as part of the process for regulatory authorizations and permits. The proponent clearly has more work to do in order to fulfill the public commitment it has made to engage with Aboriginal groups and local communities along the route.”

The National Energy Board will now issue Certificates of Public Convenience and Necessity.