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Client Work

Site C Indigenous Legal Issues

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BC Hydro and Power Authority

Site C is a large hydroelectric dam, generating station and related facilities being constructed on the Peace River in northeast British Columbia, that will provide enough electricity to power the equivalent of 450,000 homes. BC Hydro began constructing Site C in 2015 following a lengthy review and consultation process. The project is expected to cost $10.7 billion and is one of the largest public infrastructure projects ever constructed in British Columbia.
Fasken advises BC Hydro on Indigenous issues related to Site C. This includes advising on consultation throughout the multi-year federal-provincial environmental assessment process, and other permits including the water licences, Fisheries Act and Navigation Protection Act authorizations, and numerous provincial permits. The environmental assessment included consultation with 29 Indigenous groups ranging from non-treaty nations located upstream of the dam to Treaty 8 nations and Métis groups as far downstream as Great Slave Lake.
Fasken has also acted for BC Hydro negotiating and drafting multiple agreements with Indigenous groups, including successfully concluding a number of Impact and Benefits Agreements with Treaty 8 First Nations in relation to the project.
Fasken’s work includes advising on regulatory matters and acting for BC Hydro in litigation, including litigation brought by Indigenous groups.
Fasken represents BC Hydro and Power Authority with a team that includes Peter Feldberg, Chuck Willms, Amy Carruthers, Bridget Gilbride, Stephanie Sanger, and Zach Romano.



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