New VFPA Agreement Creates Financial Opportunity for Tsartlip Community
Tsartlip agreement with Vancouver Fraser Port Authority regarding new shipping terminal promises job opportunities and funding for Tsartlip community.
(Roberts Bank Terminal 2 is a proposed new marine container terminal responding to Canada’s increased trade needs)
In October 2022, Chief Don Tom and Council reached an agreement with the Vancouver Fraser Port Authority (port authority) regarding the construction of a new shipping container terminal within Tsartlip’s traditional territory (the Roberts Bank Terminal 2 Project). Chief and Council filed a letter of non-objection to the project and made an agreement with the port authority to provide significant financial benefits and opportunities for Tsartlip.
If approved, the Roberts Bank Terminal 2 Project will create a new, three-berth shipping container terminal in Delta, BC to support increased Canadian trade. The project is expected to be reviewed before the Cabinet for a decision. As of April 2023, 25 affected First Nations had expressed their support or non-objection to the project.
Tsartlip participated in the project review process and initially opposed the project. Both the proposed terminal itself and the shipping routes to and from the terminal will be located in Tsartlip’s traditional territory, raising concerns about the project’s impacts on Tsartlip community members’ Douglas Treaty rights to fish as formerly. These concerns were amplified by the findings of an independent review panel in 2020, which identified potential adverse effects.
Since the review panel’s initial findings, the port authority undertook further consultation with Tsartlip and other Indigenous groups and added project design changes and additional mitigation to further reduce effects identified by the review panel. It also worked to refine mitigation measures and additional offsetting to reduce potential effects on key species.
From 2017 to 2020, the port authority and Tsartlip negotiated but ultimately did not reach agreement on the terms of a draft mutual benefits agreement. Chief and Council voted against the agreement as they did not feel the offer at that time was sufficient to offset the Project’s impacts to Tsartlip.
In early 2022, the port authority approached Tsartlip to renew discussions on an agreement. These renewed negotiations resulted in a significantly improved offer that better responded to Tsartlip’s interests and priorities.
Considering the anticipated reduction in adverse effects and the fact that the project is likely to be approved, Tsartlip Chief and Council decided it is in the best interest of Tsartlip to take advantage of the opportunity to receive financial benefits for the Tsartlip community.
Tsartlip has received some immediate financial compensation in relation to the Agreement and will receive additional compensation if the port authority’s Board of Directors authorizes the construction of the project. This compensation will be put towards Tsartlip community projects and environmental stewardship initiatives and will help protect and restore Tsartlip’s rights to fish as formerly under the Douglas Treaty.
If the project proceeds, there will also be significant employment and contracting/subcontracting opportunities for Tsartlip community members and businesses, of which Tsartlip will keep the community apprised.
In a recent Notice to Tsartlip Members, Chief Tom assured the agreement “does not affect, limit or modify Tsartlip’s constitutionally protected Aboriginal or Douglas treaty rights,” and will not unduly limit Tsartlip’s ability to enforce its rights in the future. To that end, Chief Tom wrote, the agreement “is limited to authorizations and approvals for the Project and associated marine shipping as currently being assessed, and related permitting processes,” and “does not preclude Tsartlip from opposing or bringing claims against other projects, activities, or approvals, or from bringing claims on the basis of any past, present, or future impacts or infringements (including cumulative impacts) of Tsartlip’s Aboriginal rights, title, and interests, or its Douglas Treaty rights.”
While the complete terms of the agreement are confidential, more information regarding the agreement and its impact on Tsartlip community is available in Tsartlip’s letter of consent and non-objection as filed with the port authority and in the Notice to Tsartlip Members issued by Chief Tom on November 29, 2022.
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