Coming to Agreement
Forest management, Tembec approach
National Aboriginal Forestry Association (NAFA)
National Meeting, Saskatoon, December 4th, 2014
Geneviève Labrecque, ing.f.
Forest Manager, Quebec
Chris McDonell, R.P.F.
Manager Aboriginal and Environmental Relations
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Presenter background
• 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)
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My participation in this event
• Member of the FSC TEP on P3
• Professional experience with First
Nations
related
to
forest
management
planning
and
harmonization process
– Cree
– Algonquin
Waswanipi, 2000 -2002
– Atikamekw
• My interest in this topic
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Overview
 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
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TEMBEC
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History & Facts
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”
Original Mill, Temiscaming Quebec, Canada
Today

Building Materials




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
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Tembec Inc. : Business Context
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.
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Tembec FSC Portfolio
(September, 2014)
A. Tembec FSC Certificates
Ontario
Gordon Cosens Forest
Romeo Malette
Martel Forest
Total Ontario
Quebec
GRF Abitibi Ouest
GRF Abitibi Est
GRF Temiscamingue
Senneterre: Resolute/Tembec
Total Quebec
hectares
2,016,301
605,000
1,191,275
3,812,576
hectares
1,750,775
710,468
1,235,039
1,375,000
5,071,282
Total Tembec
8,883,858
B. Tembec ‘Partner’ FSC Certificates
Certificate Holder*
Abitibi River Forest Resource Management Inc (ON)
Clergue Forest Management Inc
Corporation for Certification Bas St. Laurent (PQ)
Hearst Forest Management Inc (ON)
Nipissing Forest (ON)
Westwind Forest Stewardship Inc (ON)
Total Area (ha)
3,285,435
972,000
889,022
1,231,707
683,162
324,932
7,386,258
Tembec %
34
16
7
45
49
39
Contribution (ha)
1,117,048
155,520
62,231
554,268
334,749
126,723
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
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Tembec
forest
tenures
Matane
Temiscaming
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Tembec
Forest
Tenures
Co-op
Tenure
Co-op
tenure
Métis Nation of Ontario (MNO)
MNO-Ontario Framework Agreement renewed
Métis and Ontario begin to write new chapter
in Métis rights recognition and reconciliation
(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
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Building
Relationships
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Tembec approach
 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
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An opportunity for forest sector
• 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
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Building Relationships
• 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
Malik Kistabish from Pikogan
Aboriginal Day June 21st 2011, Val d‘Or
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Agreements – Common Themes
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)
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What do Agreements achieve?
• 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
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Waswanipi Old Post
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Waswanipi Old Post
Allan Saganash, Waswanipi
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Finding solutions
• Examples
• Timiskaming FN - Bullrock Sector
• Eagle Village FN – Core Habitats
• Youth, future
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Challenges or realities
– 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
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FSC® and
Aboriginal Relations
Principle 3, FPIC and Tembec
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P3 Observations
• 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;
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P3 Observations (cont’d)
• 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…
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What does success look like?
What should it be ?
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….
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FPIC Field Test - Questions
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?
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FPIC FieldTest, FN Participants
Eagle Village First Nation
Wolf Lake First Nation
Long Point First Nation
Timiskaming First Nation
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Tembec learnings from FPIC Pilot
- 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
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Tembec learnings from FPIC Pilot
- 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
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Cautions and Caveats
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
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Towards FPIC …
Team work & group effort
Ministry /Gov’t ↔ FN community ↔ Forest Industry
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Closing remarks
• 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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Timiskaming First Nation, Bullrock area
Thank you!
Geneviève Labrecque
Chris McDonell
Marie-Eve Sigouin
Photo credit when not mentioned : Marie-Eve Sigouin, Tembec
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