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Indigenous Relations – UNDRIP

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was adopted by the General Assembly in 2007. The Declaration establishes a universal framework of minimum standards for the survival, dignity and well-being of the Indigenous peoples of the world.

UNDRIP Questions & Answers

TC Energy complies with the laws and regulations of the countries in which it operates. Our operations are limited to Canada, the U.S. and Mexico, and each country’s legal requirements for Indigenous engagement are outlined below:

  • Mexico is a signatory to the ILO 169, has ratified UNDRIP and Article 120 of the Hydrocarbon Law, which establishes a duty for SENER to obtain free, prior and informed consent (FPIC) for Indigenous people.
  • The U.S. has endorsed UNDRIP and TC Energy continues to monitor how this may be incorporated into legislation and policy. Under the current legislation, TC Energy will continue to engage to the greatest extent possible, while respecting the federal government’s role and responsibilities in Indigenous consultation.
  • The Government of Canada has ratified UNDRIP. Currently, Bill C-262 – an act to ensure the laws of Canada are in harmony with UNDRIP – is going through the legislative process and is expected to become law. The Government of Canada has stated that FPIC, as it is interpreted in the Canadian constitutional context, is not interpreted as a veto by Indigenous groups.

Regardless of what region we operate in, TC Energy endeavours to reach consent on our projects among Indigenous groups through early and ongoing engagement. We also strive to avoid and mitigate project-related effects on the exercise of Indigenous rights through environmental assessment and project planning.

Notwithstanding the variation in our jurisdictions, Indigenous Relations practice in TC Energy is based on a common Indigenous Relations commitment statement and policy, which are flexible for the jurisdictions but are consistent and based in TC Energy’s corporate values of safety, responsibility, collaboration and integrity. We also have a common Indigenous Relations program and strategy, articulating how we approach all engagement. These commitments, policies, programs and strategies underpin our approach, rather than solely compliance with local law.

Each country in which we operate has unique requirements for ensuring projects mitigate adverse effects to Indigenous groups. However, our approach is based on an Indigenous Relations commitment statementpolicystrategy and program that require us to both follow the law and conduct studies of traditional knowledge, cultural resources, and archaeological assessments, with a goal of ensuring that any effects on the exercise of Indigenous rights are mitigated throughout the project planning process. Further, TC Energy engages with Indigenous groups potentially affected by the company’s business activities, adhering to and often exceeding the regulatory requirements of the respective jurisdictions.