The Blueberry River First Nation is granting exemptions to Petronas to operate in an area that might otherwise be off limits to natural gas activities, under a new agreement that gives the First Nation more control over industrial activities in the region.
The exemptions are an important signal to natural gas producers operating in B.C. Montney formation, as there have been fears natural gas extraction in Blueberry River First Nation traditional territory could become severely restricted, owing to a treaty infringement ruling in 2021.
A cloud of uncertainty has hung over much of B.C.’s Montney formation in northeastern B.C. ever since a 2021 court ruling that found the B.C. government had breached the BRFN’s treaty rights in the form of cumulative impacts from decades of industrial activity, including oil and gas exploration, extraction and production.
The BRFN’s traditional territory covers a considerable portion of the Montney formation in B.C. – Canada’s most prolific natural gas play -- so the court ruling put something of a chill on the region.
In 2023, the B.C. government and BRFN signed the Blueberry River First Nation Implementation agreement, which aims to balance the need for continued oil and gas activities in the area with First Nation treaty rights.
The agreement includes high-value areas that protect BRFN sacred sites, hunting, fish and trapping, including the Gundy High Value 1 Plan. Industrial activities within these areas can only be allowed through special exemptions. The Gundy zone is in an area where Petronas has natural gas extraction rights.
Petronas owns 25 per cent of the LNG Canada project, and owns more than 800,000 gross acres of mineral rights with 53 trillion cubic feet of reserves in the North Montney, according to Petronas Canada.
Petronas applied for exemptions for eight permits. The BRFN has granted exemptions for six permits.
“Council did not approve an exemption for two other Petronas permits in the Gundy area, due to outstanding concerns raised by Blueberry trapline holders,” the BRFN says in a press release.
Exemptions require companies wanting to conduct fracking operations or other industrial activities, like logging, to provide BRFN with detailed information about their project, including the amount and type of new disturbance required, as well as restoration plans. The information is then assessed by the Blueberry Lands Department, which reports to BRFN council.
“The Gundy is an important area for the practice of Blueberry members’ treaty rights, and the new disturbance caps - a key element of the IA - are a critical mechanism to protect the land from the cumulative effects of industrial activity,” said BRFN Councillor Wayne Yahey.
“This was not an easy discussion or decision for council, but we concluded that it was important for striking the balance we all seek between economic development and protection of our traditional way of life.”
