Hampton Inn & Suites Downtown Vancouver. iii Robson Street Vancouver, BC V6B 2A8. Phone: Fax: Reservations:

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1 U1/U.)/[4 iô:ii 1AA bu4tiuzl(j07 HAMPTON INNS 11OO1 Hampton Inn & Suites Downtown Vancouver iii Robson Street Vancouver, BC V6B 2A8 Phone: Fax: Reservations: I-ô 37 Date: Enbrct3 floy-rn e( qoj ecr From:Tcc C&()5. Fax Number: of pages including cover: esc. ci JAN : BBZ P.001

2 U1/u.I/1 1:2u AA bu4 bu2 FIAMI- luin 1007 ir s LOO2 NOTICE OF MOTION: COVER PAGE Northern Gateway Pipelines Inc. Enbridge Northern Gateway Project NEB File OF-Fac-Oil-N Hearing Order # OH Name of person bringing motion: Douglas Neasloss, Chief Councillor, Kitasoo Band Council, on behalf of the following registered intervenors: Kitasoo Band Council Kitasoo/Xaixais Co-Management Fisheries Kitsaoo/Xaixais Integrated Resource Authority Hereditary chiefs and elder Orders requested: a) The Kitasoo request an order that the 30 day period (before evidence is filed) for requesting that written evidence be kept confidential, as specified in section 9.5 of the Hearing Order, be waived. b) The Kitasoo request an order under section 16.1 of the National Energy Board Act and that measures be taken to ensure that their written evidence be kept strictly confidential save for limited use by the Panel and disclosure to the Proponent for the purpose of this proceeding, and that this evidence not be disclosed to the public or to any other parties, and that this order be granted by January 24, 2012, a week prior to the extended deadline requested below. c) The Kitasoo request an order that, in the event the Panel waives the requirement for a 30 day request period for confidentiality and grants an order for confidentiality of Kitasoo s evidence, that Kitasoo be permitted to submit their confidential evidence, which will not be placed on the public registry, by 12 noon st Mountain Time, Tuesday January Date submitted: December 22, 201 Signature: <original signed by> Print Name: Douglas Ne JAN :21 oss X P.002

3 ul/u./lz 1U I AA 01)4 OUZ 11)1)1 IIAMPTUN 1f JS LlO03 Statement of relevant facts NOTICE OF MOTION: ATTACHMENTS Northern Gateway Pipelines Inc. Enbridge Northern Gateway Project NEB File OF-Fac-Oil-N Hearing Order # OH The Kitasoo Band Council, Kitasoo/Xaixais Co-Management Fisheries, Kitsaoo/Xaixais Integrated Resource Authority and Hereditary chiefs and elder (together, Kitasoo ) are registered iritervenors in the Joint Review Panel (the JRP ) for the proposed Enbridge Northern Gateway Project (the Project ). 2. The Kitasoo intend to file evidence, which may include written documents and maps, with the JRP with respect to their traditional knowledge and use of their territories, Aboriginal Title, and Aboriginal Rights. 3. The Kitasoo believe that the evidence they intend to file will be relevant and useful to the Panel in its review of the Project. 4. Section 4 of the National Energy Board Rules ofpractice and Procedure, 1995, S0R allows the Panel to vary rules and tirnelines: 4(1) At any time in a proceeding, where considerations of public interest and fairness so require, the Board may (a) dispense with or vary these Rules or any part thereof; or (b) extend or abridge the time fixed by these Rules or otherwise fixed by the Board, and may do so of its own volition or in response to a motion by any party whether or not the motion to extend or abridge the time is made after the time so fixed has expired. Grounds for confidentiality request The Panel should grant this order because: 5. The infonnation and evidence the Kitasoo request be kept confidential relates to: a) monitoring data of spatial, temporal and type of uses of traditional territories by various land and marine based wildlife; and b) monitoring and cataloguing of human use of traditional territories. 6. The evidence that will be filed is culturally sensitive, includes scientific information, is critically important to the Kitasoo, and is neither appropriate for nor intended for public viewing. 2 JAN : P.003

4 ul/u.,/iz 1:I FAA tiu4 bljz 1007 HA1PT0N INfS LI0O4 7. The information and evidence has been consistently treated as confidential by the Kitasoo and are only choosing to share the information and evidence because they believe it is also critically important for the JRP to hear and consider it. 8. The Kitasoo are directly affected by the JRP s proceeding. 9. Maintaining confidentiality of this information and evidence will not prejudice other parties in the proceeding; releasing this information and evidence to the public would seriously prejudice the Kitasoo, as described below. 10. Widely or publicly distributing this evidence including traditional use information: a. will violate laws and protocols of the Kitasoo; b. may offend principles of fairness and constitutionally-protected rights of Aboriginal peoples; e. will be prejudicial to the Kitasoo s present and future ability to freely and fully exercise and enjoy their Aboriginal Title and Rights; d. will render land and marine wildlife populations and their habitat directly and indirectly vulnerable to increased pressures from human hunting, fishing, tourism, and general use of the areas, all of which also compromise the Kitasoo s ability to exercise their Aboriginal Title and Rights and impair the ability of the Kitasoo to use these natural resources for sustenance or for economic development such as ecotourism; and e. may result in a material loss to the Kitasoo. Grounds for extension of time request The Panel should grant this order because: 11. The information and evidence the Kitasoo request an extension of time to submit to the JRP could not be produced by the original December 22, 2011 deadline, or the revised January 4, 2012 deadline, because of unalterable timelines of seasons of use and activity of the land and marine wildlife that is being monitored. 12. The Kitasoo s field season, which includes the Guardian Watchman program, where patrols observe and collect such information runs from June through early November; there has simply not been sufficient time to collate and present the data in a useful format. 13. A short extension of time will allow the Kitasoo to present more useful and helpful evidence to the JRP and the Proponent. 3 JAN : X P.004

5 ui,u.,iz!:4! 1AA bu4 t5u2 1U07 HAMPTON INNS ljoo5 14. The short extension of time for the Kitasoo will not prejudice other parties in the proceeding; denying the extension of time will prejudice the Kitasoo because they will not be able to put this critical and valuable information and evidence before the JRP and the Proponent for their consideration. Detailed description of the decision or order sought 15. The Kitasoo request an order that the 30 day period (before evidence is filed) for requesting that written evidence be kept confidential, as specified in section 9.5 of the Hearing Order, be waived. 16. The Kitasoo request an order under s of the National Energy BoardAct and that measures be taken to ensure that their written evidence be kept strictly confidential save for limited use by the Panel and disclosure to the Proponent for the purpose of this proceeding, and that this evidence not be disclosed to the public or to any other parties, and that this order be granted by January 24, 2012, a week prior to the extended deadline requested below. 17. The Kitasoo request an order that, in the event the Panel waives the requirement for a 30 day request period for confidentiality and grants an order for confidentiality of Kitasoo s evidence, that Kitasoo be permitted to submit their confidential evidence, which will not be placed on the public registry, by 12 noon Mountain Time, Tuesday January 31, Information supporting your request 18. Due to the confidential nature of the information and evidence at issue in this request, supporting documentation cannot be provided unless and until the Panel makes an order protecting this information as confidential. If case law is being relied on, a case book with the specific passages of the cases highlighted or side-barred 19. Not applicable. All of which is respectfully submitted this 22 day of December, <original signed by> Do4 Chief Cou illor, Kitasoo Band Council Resource Stewardship Director, Kitasoo Band General Delivery, Marine Drive, Klemtu, BC VOT ILO Office: Cell: don gneasloss(àthotmail. corn 4 JAN : / P.005

6 2 U!/U,f1Z 12J. FAA bu4 iu HAMPTON INNS 1j006 Copy sent by to: Kenneth MacDonald Vice President, Law and Regulatory Affairs, Northern Gateway Pipelines Inc. th Floor, st Street SW, Calgary, Alberta T2P 3L8 Fax: , Abby Dorval Manager, Regulatory Affairs, Northern Gateway Pipelines Inc. th Floor, st Street SW, Calgary, Alberta T2P 3L8 Fax: , abby. dorvaienbridge. corn. Richard Neufeld, Q.C. Barrister & Solicitor Fraser Milner Casgrain th Floor, Street SW, Calgary, Alberta T2P 0R8 Fax: , richarcl.neufeld(t inc-law.com The Kitasoo request that the NEB distribute a copy to all other Parties via the E-file Notification List 5 JAN : X P.006