Land Matters Group Advisory Committee (LMG AC) Meeting Summary – 27 June 2023

Zoom Videoconference Meeting
Tuesday, June 27, 2023
10 a.m. to 1 p.m. (MST)

Contents

In Attendance

In Attendance

Amy Jarek, VP, Communications and Engagement / LMG Chair
Véronique Duhamel, Director of Engagement
Carole Léger-Kubeczek, LMG Coordinator

Canadian Federation of Agriculture

Lynn Jacobson

New Brunswick Federation of Woodlot Owners

Ron Smith
Susannah Banks

Union des producteurs agricoles du Québec

Stéphanie Levasseur

Enbridge Inc.

Larry Yurkiw

TC Energy

Graeme Wright

International Right of Way Association

Jenna Wood

Alberta Farmers’ Advocate Office

Darcy Allen

Canada Energy Regulator (LM PWG)

Paul Georgison
Brian Martin
Shannon Neufeld
Lisa Zaplachinski

Canada Energy Regulator (LM PWG)

Paul Georgison
Brian Martin
Shannon Neufeld
Lisa Zaplachinski

Absent:

Isabelle Bouffard
Anne-Marie Erickson
Drew Spoelstra
Carey Peterson
Julie Siddons
Fiona LeBlanc
Josh  Vass
Marc Boucher

Guests – CER:

Erin Tabah
Usha Mulukutla

Invited guest:

John McNichol (Alberta Association Surface Land Agents)

Review and Approval of Meeting Agenda and Meeting Minutes

Members Roundtable Updates

  • Self-introduction by each member

Presentation: Role and Responsibilities of Land Agents

  • Presenter: John McNichol – President, Alberta Association of Surface Land Agents. Initially, Josh Vass was to co-facilitate, but a last-minute situation prevented him from attending.
  • A land agent is a professional who specializes in facilitating the taking of certain land rights, including the sale, purchase, and leasing of land properties.
  • A land agent acts as an intermediary between the landowners and/or stakeholders and the client (company), and the responsibilities include the provision of expert advice and guidance throughout the early engagement phase and may also extend beyond the transaction process.

Questions and Answers

Q: Why would land agents make commitments without providing an assurance of fulfillment?

A: A land agent will make commitments to landowners during the negotiation, but it is up to the crews carrying out the work to follow through on all commitments. Involvement by a land agent ensures a clearer line of sight over commitments. All agreements, including a detailed list of all commitments must be drafted by the land agent. Landowners have a recourse for when they feel those commitments are not adequately met.

Q: Do all provinces have a book of rules that apply to land agents?

A: There is no such book of rules at this time, which is why the LMG Advisory Committee’s work is so important. Because many provinces do not require the use of land agents, the CER expects that company representatives will conduct themselves in a manner aligned with established standards for their profession.

  • For future consideration: enhance the information already provided in the Land Matters Guide with further guidance regarding early engagement, including advice about the negotiation of easement agreements. Also include an overview of the implications of the lifecycle approach and what landowner can expect during each phaseFootnote 1.

Presentation: CER Filing Manuals – Updates to Land Information

Presenter: Erin Tabah, Director, Facilities Adjudication – East, assisted by Usha Mulukutla, Technical Leader, Facilities Adjudication – West

Background:

  • To assist regulated companies, the CER has filing manuals (FMs) that:
    • specify when a filing is necessary;
    • outline the filings needed for most applications that fall within the jurisdiction of the CER; and
    • provide guidance as to the type of information the Commission would typically need to consider prior to rendering a decision.
  • The “Environment and Socio-economic Assessment and Lands” sections of the filing manuals are in the process of being updated to reflect changing requirements, conditions, regulations, industry practices, and feedback received from regulated companies, Indigenous Peoples and other interested persons or groups.
  • There are two filing manuals, both of which include a section dealing with land matters. They are:

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.

While the filing manuals and the OPR are different, they do work together. The FMs complement the OPR by providing further clarity to companies regarding how the CER expects them to comply with certain regulatory requirements.

The following example is being offered to show how the requirements related to decommissioning listed in the FM are interconnected to corresponding information in the OPR.

In the FM, Guide K provides a detailed description and breakdown of all the elements that a company is required to consider and include when filing decommissioning application.

In the OPR, Section 45.1 states the following:

  • 45.1 (1) If a company proposes to decommission a pipeline or part of one, the company shall submit an application for the decommissioning to the Commission.
  • (2) The company shall include in the application the reasons, and the procedures that are to be used, for the decommissioning.

The presentation to the LMG Advisory Committee was meant to provide a summary of the review process, reference the suggested topics related to the “lands” information in each document, and seek advice about the engagement process to ensure a more diverse and fulsome level of participation from the different stakeholder groups.

Over the Fall of 2023, the CER will be expanding on the topics for possible revisions or updates within the Lands section of the Filing Manual. The CER will also be developing a thorough and inclusive engagement plan that will leverage existing means of engagement: workshops (hybrid); seeking feedback on discussion papers; and CER Dialogue, the CER’s online engagement platform. Staff will be available for questions or clarifications during the engagement period. The CER has listed the following topics for consideration: 

  • Details on land rights obtained for permanent, temporary, or crossing uses.
  • Expectations about compensation.
  • Expectations about damage prevention responsibilities.
  • Providing details on the forms of agreement used for land activities.
  • Demonstrate steps taken towards implementing Line 3 Indigenous Advisory and Monitoring Committee (IAMC) recommendations.

Comments from LMG AC members:

  • Having a review spanning more than one year has the benefit that it will give interested participants opportunities to provide feedback and input at different stages throughout the process.

Recommendations:

Comment periods targeting some stakeholder groups may need to be offered more than once to work around the various schedules.

Different means of communication will also be needed to raise awareness and ensure that the different stakeholder groups have the chance to participate.

  • Clearly defining the intent is crucial. If participants understand why the discussions are happening, they will more likely consider the issues and respond with an open mind to suggestions, options, etc. It’s also important for project leads to report back to their participants with what has been heard and what actions will be implemented.

Questions and Answers:

The information that follows regarding the IAMC for the Line 3 (L3 IAMC) project, goes beyond what was shared during the meeting, and is being provided in response to a question about relevancy of the L3 IAMC recommendations in the context of the Lands section that are part of the ongoing updates. This situational information is to support the reader in understanding the high level of complexity surrounding this topic.

The mandate of the IAMC is to integrate Indigenous perspectives into the monitoring and regulatory oversight of the Line 3 Replacement Program (L3RP) and provide recommendations to the federal government and regulator.

In 2019, the Line 3 IAMC Summary Report: Issues and Recommendations was delivered. The Report contains 55 recommendations grouped in six (6) different topic areas. Five (5) recommendations are related specifically to the question of access to private lands.

In early 2024, the CER will seek input from the LMG Advisory Committee on the topics listed above and a summary of the feedback received as part of the review processes for the FMs and the OPR will be available on the CER’s website and a future in-person meeting of the LMG Advisory Committee.

CER Updates – Year-end Review

This past March, interviews were conducted with the external members of the advisory committee to give everyone the chance to share observations about their ability to receive and share information in a meaningful way. The following are highlights of those exchanges:The level of communication and the information to prepare for everyone’s participation was good – the feedback in this regard was consistent across the board;One area for improvement is with respect to the approach used to cover some of the topics and deliver that information:

  1. The level of communication and the information to prepare for everyone’s participation was good – the feedback in this regard was consistent across the board;
  2. One area for improvement is with respect to the approach used to cover some of the topics and deliver that information:
    • While the members indicated that they appreciate receiving information from the CER, a few shared that they would prefer being engaged in a manner where their respective expertise could bring greater value in a timelier manner.
  3. Regarding the advisory committee’s composition, some members have indicated a desire to see even more diversity, including the possibility of adding more seats than the assigned number within each category, for example:
    • Landowners and landowner associations: more regional representation and greater diversity from other economic sectors.
    • Industry: could include either a Group 2 company or an electricity producer.
    • Adding representation at the municipal level could at times provide a perspective that is different from what landowners are experiencing.
  4. The is also a view that we need to be clearer in terms of our expectations. When a presentation is made to the advisory committee, we need to specify the anticipated objectives and outcomes, including how, when and where members can be expected to provide feedback.

Comments:

  1. We’re seeing a lot of interest in renewable energy from international companies. This may be an expansion area that could be worth considering.
    • It is worth noting that the production of onshore renewable energy is not an area that the CER regulates, but given its high level of interest, it might be one we could consider as a topic of discussion.
  2. LMG Workplan: Targets set in 2019 still needs to be met. A status review needs to be carried out and the priorities should be adjusted, as needed.

Follow-up Items and Next Meeting

  1. Members are invited to put forward topics of discussion for upcoming meetings or ideas for articles to explore and develop that are relevant to all key stakeholder groups.
  2. Review the workplan to decide how and when to close out the report.
  3. The next meeting is scheduled for the fall. A meeting invite will follow.
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