Land Matters Group Advisory Committee (LMG AC) Meeting Summary – 17 November 2023

Zoom Videoconference Meeting
Friday November 17, 2023
10 a.m. to 1 p.m. (MST)

Contents

In Attendance

In Attendance

Véronique Duhamel, Director of Engagement
Carole Léger-Kubeczek, LMG Coordinator

Canadian Federation of Agriculture

Lynn Jacobson

New Brunswick Federation of Woodlot Owners

Ron Smith
Riley Demerchant

Union des producteurs agricoles du Québec (UPA)

Stéphanie Levasseur
Vanessa Desrosiers
BC Farmers Information Service Maria Reschke

Enbridge Inc.

Larry Yurkiw

TC Energy

Graeme Wright

International Right of Way Association

Jenna Wood
Josh Vass
Alberta Farmers’ Advocate Office Darcy Allen

Alberta Energy Regulator (AER)

Fiona LeBlanc
Natural Resources Canada Julie Siddons
Canada Energy Regulator (LMG PWG)

Anne-Marie Erickson
Paul Georgison
Lisa Zaplachinski
Nadia Prévost-Lowry
Amber Butterworth

Absent:

Amy Jarek and Ray Yang (CER)
Isabelle Bouffard (UPA)
Carey Patterson (AER)
Guests: Maria Reschke (BC Farmers Information Service)
Crystal Greenlay (Manitoba Hydro)
Riley Demerchant (New Brunswick Federation of Woodlot Owners)

CER Guest:

Michael Benson, Technical Leader, Public Participation

Review and Approval of Meeting Agenda and Meeting Minutes

  • Approval of the meeting agenda
  • Approval of the June 2023 Minutes
  • Land Acknowledgement
  • Members Roundtable Updates
    • Self-introduction by each member
    • Introduction of new members:
      • Maria Reschke – (BC Farmers Information Service)
      • Crystal Greenlay – (Manitoba Hydro)
      • Riley Demerchant – (NB Federation of Woodlot Owners)

It’s important to note that the discussions held during this meeting will resume when the Land Matters Group Advisory Committee meets in-person at the CER head office on January 9-10th, 2024.

Early Engagement

  • Presenter: Michael Benson – Technical Leader, Public Participation
  • When companies file an application, they are required to follow the CER’s expectations as described in the relevant filing manual (specifically, the Filing Manual and the Electricity Filing Manual). The filing manuals require companies to explain and demonstrate the extent to which they followed the expectations laid out in the Early Engagement Guide.
  • The ongoing Filing Manual (FM) and the Onshore Pipeline Regulations reviews provide stakeholder groups with opportunities to identify and address issues experienced by landowners during early engagement phase of CER regulated projects.
  • The CER Filing Manual currently has some guidance about the contents of an information package. The contents of a company’s information should include:
  • the company’s intention to apply to the CER for approval of its project
  • the proposed timing of filing the application with the CER
  • the proposed timing and duration of construction
  • an overview of the project, including:
  • a complete list and thorough description of the project components and activities.
  • the appropriate CER brochures and publications in accordance with Guidance for companies on CER publications on the CER’s website.

Discussion:

The discussion revolved around the different timelines when landowners can expect to see / experience different levels of activity resulting from a project’s lifecycle.

CER Filing Manuals – Updates on Lands Section

  • Presenter: Anne-Marie Erickson, Technical Leader, Public Participation
  • Updates to the filing manuals (FMs) are being considered to provide greater clarity and guidance with more detailed information, especially in the following areas:
    • Land rights required for permanent, temporary, or crossing access
    • Notification process – timing and terms
    • Land acquisition process, including worse case scenarios and dispute resolution options
    • Compensation matters, including the calculation methodology
    • Responsibilities of all party in terms of damage prevention.
  • The Lands Information section (A.4) of the FM describes the CER’s expectations of applicants in terms of the following:
  • Land Rights
  • Land Acquisition Process and Types
  • Land Acquisition Agreements & Notices
  • Application to address a complaint and the Alternative Dispute Resolution service.

Discussion:

Removal of the section related to the complaint resolution process – this change is being considered to avoid duplication since the information is already referenced in other sections of the FM.

In addition to the list of topics shared during the presentation, the members identified the following land right issues as requiring greater clarity:

  • Definition of “third party”
  • Right of entry / ADR
  • Right to expropriate

Representatives voiced the expectation that this updated version of the FM will consider the informational needs of landowners, in addition to those of companies. There was also a request that an information tool developed by the CER be made available for distribution to landowners.

Concurrently, the CER has also undertaken a process to review and update the Onshore Pipeline Regulations (OPR), which references the rules that companies must follow to design, construct, operate and abandon pipelines in Canada. These review processes are complex undertakings that will likely span a few years.

Cost apportionment

Under the Canadian Energy Regulator Act (CER Act), the CER has the authority to address the apportionment of costs related to construction or disturbances. However, negotiations between a stakeholder (for example, a landowner or a municipality) can at times result in a dispute.

When stakeholders and the company are unable to reach agreement about the sharing of incremental costs related to a construction or a disturbance, either party may request the assistance of a mediator from the alternative dispute resolution (ADR) service, which operates on a voluntary basis and is non-binding or may ask for a binding decision from the Commission as to how these disputed costs should be apportioned.

Discussion:

While the CER’s ADR services are available at no-cost, the parties involved in a dispute may be required to cover related costs such as professional land services and/or legal representation.

Another potential obstacle is the time factor needed for the ADR or the adjudication process. Imposing service standards in terms of how much time would be required for a dispute to be resolved is not feasible because each case is unique.

Landowner representatives feel that their constituency groups often need more support to better understand the different steps of the regulations and the dispute resolution process options.

“Access to Lands” and “Damage to Property” – Updates

Members are encouraged to review the two draft documents and provide edits to improve clarity.

CER Dialogue / Dialogue Régie

To improve the members’ access to LMG generated documents, a project page has been created on CER Dialogue / Dialogue Régie. The “Land Matters Group – Advisory Committee” is an access protected page, so members need to register and be admitted to the group to view and comment on the information available on both pages.

As was done ahead of this meeting and all other meetings going forward, the documentation related to LMG will be posted on CER Dialogue / Dialogue Régie, and a notice will be emailed to the members letting them know that new information is available for their review.

Next Meeting

On January 9-10th, 2024, the LMG AC will be meeting in person at the CER head office in Calgary, Alberta.

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