"Energy company ignores Haudenosaunee Confederacy Chiefs Council"

The Haudenosaunee Confederacy Chiefs Council will be contacting the Ministry of Environment after energy company SunEdison failed to consult them on its two latest projects located in the 1701 Nanfan Treaty area.

Hazel Hill, director of the HCCC's planning department, the Haudenosaunee Development Institute, said the company is in violation of its Renewable Energy Approval (REA) for not consulting with the HCCC on its Welland Ridge and Bloombergy Norfolk projects.

"They failed to comply with their REA regulations," said Hill. "SunEdison ignored the HCCC and therefore they do not have free prior informed consent of the HCCC and the ministry will be notified."

REA regulations require "notice and consultation with every aboriginal community...that has or may have constitutionally protected aboriginal or treaty rights that could be adversely impacted by the renewable energy project."

The company recently signed a deal with Six Nations Elected Council that will result in a one-time royalty payment of $432,392.73. It's the ninth green energy deal for Six Nations Economic Development, which held a month-long community engagement session on the project from Oct. 23 to Nov. 21.

The two projects will generate 10 megawatts each in renewable energy which will be sold to the Ontario Power Authority under the feed in Tariff (FIT) program. The projects will be owned and operated by SunEdison.

The Norfolk Bloomsburg project began operating in May 2014 and the Welland Ridge project is currently under construction.

The Welland Ridge project is located outside the City of Welland. The Norfolk Bloomsburg project is located about three kilometers outside the city of Simcoe in the village of Bloomsburg.

The Six Nations Consultation and Accommodation Process (CAP) team began meeting with SunEdison in September 2010.

An aboriginal consultation guide published by provincial government advises that "the nature of the consultation required will vary with the strength of the assertion or the nature of the existing right and the potential impacts on the exercise of the aboriginal or treaty rights in question."

It also says "the legal duty to consult rests with the Crown and the Crown is ultimately responsible for ensuring that the duty has been met."

However, when it comes to REA approvals, that duty is up to the applicant, the document says. It says the company must seek ministry direction on which communities to consult and "conduct any additional consultation as directed by the ministry." The province and ministry are also responsible for providing "direction on the extent of consultation that will be required."

The ministry gets to assess the adequacy of the consultation to determine if approval should be granted and "take steps to address inadequate consultation and accommodation."

SunEdison did not return calls for comment. The Ministry of Environment also did not return calls for comment.