National Aboriginal Forestry Association (NAFA)

National Meeting, Saskatoon, December 4th, 2014

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Geneviève Labrecque, ing.f.Forest Manager, Quebec

Chris McDonell, R.P.F.Manager Aboriginal and Environmental Relations

Coming to AgreementComing to AgreementForest management, Tembec approach Forest management, Tembec approach

• As Chief Forester role, accountable for wood supply, forest management, wood costs, Aboriginal relations, forest certification strategy and implementation

• Liaison with government (PQ and regional districts), external groups, stakeholders

• Support Quebec Forest management divisions of Tembec on legal context and non usual files

• Operational context in Quebec - Forest operations and Forest regime implementation

• External organizations – QFIC, Forestry Research, CBFA, Commissary (CRRNT Abitibi-Temiscamingue)

• Member of the Cree-Quebec Forestry board (Paix des Braves)

Presenter background

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My participation in this event

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• Member of the FSC TEP on P3

• Professional experience with First Nations related to forest management planning and harmonization process

– Cree

– Algonquin

– Atikamekw

• My interest in this topic

Waswanipi, 2000 -2002

Overview

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Introduction to Tembec Geographic Context Building Relationships

Tembec Approach to Engagement Reaching Agreement

FSC® and Aboriginal Relations Lessons Learned – FPIC field test

www.algonquincanoe.com

www.tembec.com

TEMBEC

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Tembec was created in 1973

“a leading Canadian integrated forest product company characterized by its vision statement – A company of people building their own future”

Approximately 3,500 employees 15 facilities – Canada, US and France Sales: CAD 1.5 Billion Producer of paper, specialty pulps, building materials, energy, alcohol Leader in Forest Stewardship Council®

FSC® certification in Canada

Original Mill, Temiscaming Quebec, Canada

Building Materials

Today

History & Facts

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Facilities• Located in ON and PQ in Boreal and Great

Lakes St Lawrence forest regions;

• Northern, resource-dependent communities;

• Pulp and paper facilities;

• Sawmills;• Co-products, second and third transformation

Forests• Traditional lands of Cree, Ojibway,

Algonquin, Atikamekw, Metis people;• Tenures on public land/ Crown licenses; • Very large - hundreds of thousands to

millions of hectares in size;• Private land significant in some regions.

Tembec Inc. : Business Context

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A. Tembec FSC Certificates

Ontario hectares

Gordon Cosens Forest 2,016,301

Romeo Malette 605,000

Martel Forest 1,191,275

Total Ontario 3,812,576

Quebec hectares

GRF Abitibi Ouest 1,750,775

GRF Abitibi Est 710,468

GRF Temiscamingue 1,235,039

Senneterre: Resolute/Tembec 1,375,000

Total Quebec 5,071,282

Total Tembec 8,883,858

B. Tembec ‘Partner’ FSC Certificates

Certificate Holder* Total Area (ha) Tembec % Contribution (ha)

Abitibi River Forest Resource Management Inc (ON) 3,285,435 34 1,117,048

Clergue Forest Management Inc 972,000 16 155,520

Corporation for Certification Bas St. Laurent (PQ) 889,022 7 62,231

Hearst Forest Management Inc (ON) 1,231,707 45 554,268

Nipissing Forest(ON) 683,162 49 334,749

Westwind Forest Stewardship Inc (ON) 324,932 39 126,723

7,386,258 2,350,539 *Tembec is a shareholder or partner of company holding FSC certificate, or a participant in certification project

Tembec Grand Total (A +B) 11,234,397 ha

Tembec FSC Portfolio (September, 2014)

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Matane

Tembec forest

tenures

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Temiscaming

Tembec Forest Tenures

Co-op tenure

Co-op Tenure

Métis Nation of Ontario (MNO)

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(L to R) The Honourable David Zimmer, Minister of Aboriginal Affairs; MNO Chair France Picotte; MNO President Gary Lipinski

TORONTO (April 17, 2014) ― Today, Métis Nation of Ontario (MNO) President Gary Lipinski signed a renewed five-year Framework Agreement with the Honourable David Zimmer, Ontario Minister of Aboriginal Affairs, on behalf of the Ontario government

MNO-Ontario Framework Agreement renewedMétis and Ontario begin to write new chapter in Métis rights recognition and reconciliation

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Building Relationships

Strong senior leadership and commitment

Be a good neighbour

“…create positive long term social, cultural and economic benefit for the region and its people…”

Recognize that we do not own the land – public, traditional lands

Good business practice to think long term about the intersection of aboriginal and business needs

Tembec approach

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• The business case for Aboriginal engagement continues to grow in the forest sector

• Capacity and experience of First Nations has grown significantly over the past 5-10 years in northeast

• A strong labour demand has been forecasted and is already here

• Entrepreneurship and demonstrated ability to partner with industry

• Positioning Aboriginal people to be job-ready requires a collaborative strategy – short and medium term

• Access to resources, on time permitting requires a strong, proactive relationship with First Nation communities

An opportunity for forest sector

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• Identify common interests– History, cultural awareness– Use of the land, hunting, fishing

• Traditional ecological knowledge

– Encourage and support its use– Recognition of medicinal plants– Modification of harvesting patterns

around water based on behaviour of geese, beaver, moose, etc.

• Support for Community activities/projects

– Wood for construction– Support for community gatherings– Youth initiatives

Building Relationships

15Malik Kistabish from Pikogan Aboriginal Day June 21st 2011, Val d‘Or

Depending on size, scale, and circumstance of company and Aboriginal

community, an agreement will vary in type and content.

• MOU, Protocol , Long Term Forestry Agreement

– Linked to provincial forestry planning regime

– Harmonization of forestry practices with Aboriginal interests

• Typical Benefits

– Contracting opportunities

– Capacity support

– Employment/Training assistance

– Building materials

• Governance

– Participation on boards of Forest Management Companies (ie Ontario)

– Abitibi River Forest Management Inc

– Cree-Qc Forestry Board (Paix des braves in Qc)

Agreements – Common Themes

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• Better understanding of each party needs, learning• Confidence, Facilitate communications• Connection with FN communities, even if there is uncertainties

(Government relations, tenure reform)• Finding solutions, adaptation

What do Agreements achieve?

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Waswanipi Old Post

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Waswanipi Old Post

Allan Saganash, Waswanipi

• Examples

• Timiskaming FN - Bullrock Sector• Eagle Village FN – Core Habitats

• Youth, future

Finding solutions

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– Overlapping or shared territorial interests – Mix of politics and business– Ensuring good communication within

communities, dialogue with municipalities, contractors, labour unions

– Consider succession planning, changes in personnel

– Understanding community structure and roles• Chief and council• Elders• Families• Resource users (i.e trappers)• Entrepreneurs• Band staff and consultants

– Understand and accommodate community, agreement ratification process

Challenges or realities

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FSC® and Aboriginal Relations

Principle 3, FPIC and Tembec

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• P3 indicators developed in 4 chamber balanced approach for standards 2004-2009 (Boreal 2004)

• P3 in FSC Canadian standards has elevated certificate holder/First Nations/Metis relations

– Preparation and commitment from the CH before and during FSC implementation

• FN portrait → Tembec staff (management to field)

• Training (improve understanding, cultural knowledge)

– Engagement, protocols, agreements, business relations, employment, training, community support, planning capacity

– Every circumstance is unique;

P3 Observations

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P3 Observations (cont’d)

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• New court decisions in Canada

• External parties: ASI – dispute resolution, Poilicy Standard Unit – FPIC guidance (2012),Removal of interpretation; Certification Bodies have re-interpreted, influenced application 2012-2014

…For certificate holders → more uncertainty…

P3 should:

• Guide proactive, pragmatic First Nations and Metis relations for forest sector in Canada

• Support constructive collaboration between parties together rather than be a wedge

• Address matters that are in the scope of control of certificate holders and reflect priority of a community

–While….

What does success look like?What should it be ?

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1. Does FPIC apply differently on lands with treaties?

2. FPIC guidance is not « normative »; how will the IGI’s address FPIC requirements?

3. FSC certified forests often have 3, 5 or more aboriginal territories. How do auditors address relationships that are different because of size of territory, interest, or priority?

FPIC Field Test - Questions

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FPIC FieldTest, FN Participants

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Eagle Village First Nation

Wolf Lake First Nation

Long Point First Nation

Timiskaming First Nation

- Non-aboriginal FPIC rights were not identified, (not qualified or non applicable in this region)

- Resolving/addressing asserted title issues of FNs is not the role of certificate holder (CH)

- FPIC is about upholding the rights of FN through the development of a Forest Management Plan

- Certificate Holder (CH) involvement in a separate space from government is helpful in an FPIC context

Tembec learnings from FPIC Pilot

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- CH isn’t expected to arbitrate boundary issues between communities

- Engaging with the intent of seeking agreement with communities is required; dispute resolution process needed if agreements can’t be reached

- Capacity assistance/support provided by government is important; company support can be valuable

Tembec learnings from FPIC Pilot

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Being mindful…

- Market-based, voluntary tool, customers; FPIC less-well understood than conservation issues

- P3/FPIC indicators are repesenting 10% of total # of indicators; just one set of requirements and overall # of indicators may increase

- Forest Manager models vary in capacity available - Being in the FSC system and already engaged

should carry less risk/more opportunity than being outside it

Cautions and Caveats

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Towards FPIC …

Team work & group effortMinistry /Gov’t ↔ FN community ↔ Forest Industry

• Sharing knowledge can only happen in a trust relationship through a series of events and observations (Ndoho Istchee, Waswanipi Cree model Forest, 2007)

• Maintain FSC certification is challenging and important for the business (FSC journey)– Not only with FPIC concept – Species at risk/Caribou, Intact forests

• Consider other users/other tenures and overlaps– Ex: Mining activities vs FSC territorial certification about responsible

forest practices

• Before the FPIC concept → existing initiatives & improvements → adaptation with FPIC steps → towards FPIC process

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Closing remarks

Thank you! Geneviève LabrecqueChris McDonell

Marie-Eve SigouinPhoto credit when not mentioned : Marie-Eve Sigouin, Tembec

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Timiskaming First Nation, Bullrock area