Land Matters Group Advisory Committee (AC) Minutes – 8 January 2020

Meeting at the Canada Energy Regulator’s (CER) Office
Wednesday, 8 January 2020
8:00 am to 4:00 pm (MST)

In Attendance

In Attendance

Amy Jarek, Chair and VP of Communications and Engagement, CER	Bridget Oliveira, Socio-Economic Specialist and LMG Project Manager, CER
Lynn Jacobson, Canadian Federation of Agriculture	Frank Annau, Canadian Federation of Agriculture
Alisha Bhura, Canadian Energy Pipeline Association	Vanessa Bissonnette (Guest), CER
Lisanne Bazinet, Natural Ressources Canada	Isabelle Bouffard, Union des producteurs agricoles
Tim Robillard, Canadian Energy Pipeline Association / Pembina	Paul Georgison, Technical Leader, Stakeholder Engagement, CER
Michael Benson (Guest), CER	Suchaet Bhardwaj (Guest), CER
Brodie Allen, International Right of Way Association	Marc Boucher (Guest), CER
Graeme Wright, Canadian Energy Pipeline Association /TransCanada	Lisa Zaplachinski (Guest), CER
Ryan Bartlett (Guest), Alberta Energy Regulator	Paul Doyon, Union des Producteurs Agricoles
Pat Sprague (Guest), CER	Carey Patterson, Alberta Energy Regulator

Meeting Items

1. Welcome/Introductions

• See list of attendees

2. Review of 22 May, 2019 meeting minutes and agenda

• 22 May 2019 meeting minutes approved
• Agenda approved

3. Current priorities

Canada Energy Regulator (CER)

• Highlighted key areas of change and improvement since becoming the new CER
• Provided an update on major projects including TMX, Enbridge Line 3, Keystone XL and;
• Provided Regulatory updates.
• Members were provided with an opportunity to ask questions and seek clarification on a number of topics.

Canadian Federation of Agriculture (CFA)

• Trade issues are still at the forefront for the agricultural sector
• The Redwater case and decision was positive for the CFA from an environmental perspective. More specifically, for environmental cleanup costs, farmers were moved up to the front of the line for dealing with bankruptcies
• Indicated the need for clarification on ho has decision making authority (hereditary chiefs or elected chiefs) in terms of project support and approval
• Indicated that rail capacity is diverted when pipelines are not approved, which limits grain shipment capacity
• Mentioned that the Pipeline Abandonment Research Steering Committee (PARSC) funding is set to expire and there is a need for additional funding.
• Indicated that a third party assessment of abandonment research was recently completed by PARSC and will be presented at next meeting

Canadian Energy Pipeline Association (CEPA)

• Highlighted that their main focus includes changes from NEB to CER (regulatory and policy change) and that they are looking to see how things will operationalize in the coming year
• Interested in how the CER’s compensation jurisdiction will be implemented and any impacts on the Commissioners who will be undertaking many roles.

Pembina Pipeline Corporation

• Indicated that their pipeline assets continue to expand including those regulated by the CER
• Safety and responsible energy across Canada is a priority

TC Energy

• Indicated that they currently have many project applications underway that were before the NEB, and are now before the CER
• Interested in how the CER will manage compensation disputes, in how dispute resolution will be implemented and the impacts on Commissioners’ work

International Right of Way Association (IRWA)

• Mentioned that the IRWA has 800 members that are professional land agents
• Indicated that they are currently exploring corporate memberships instead of individual memberships
• Ethics of land agents is being looked at by the Association.
• Indicated that they are in the process of launching a couple of courses with Canadian content focus on Oil and Gas, and Appraisals

Natural Ressources Canada (NRCan)

• Mentioned that they are working with the Impact Assessment Agency and the CER on major projects and adjusting to the new Act
• Indicated that they have a new Minister and have recently experienced some department changes, the including broadening three sectors: strategic petroleum policy, investment and petroleum resources

Union des producteurs agricoles (UPA)

• Mentioned that they are following the Gazoduq project closely and that this is of specific interest to landowners in the agricultural and forestry sectors.
• Indicated that there is some social acceptance of the Gazoduq project, including the Saguenay region

Alberta Energy Regulator (AER)

• Mentioned that the AER is currently under review by the Alberta Government and they are awaiting results
• Indicated that there have been changes to their executives, including a Board of Director change and that there is an interim BoD and CEO in place.
• Indicated that they are in the process of implementing the Red Tape Reduction Act
• Mentioned that layoffs are planned in light of budget reductions
• Indicated that work is still underway for the integrated decisions approach which involves a holistic approach to application assessment, including a dispute resolution process
• Liability management (for abandoned wells) remains a focus

4. Onshore Pipeline Regulations (OPR) Review

• The CER provided an overview of the regulations, the scope of the review including a Discussion Paper (DP) that would be released to the public in the coming months
• Members identified several issues and agreed to workshop the DP during the comment period

5. Remediation Guidance

• The CER provided an overview of its remediation process.
• The CER provided a summary of comments received in and next steps further to seeking public comments on its Remediation Guide.
• Members were provided with an opportunity to provide feedback on the remediation process and guide

6. Land Matters Presentation

• The CER provided an overview of the CER Act’s provisions in relation to land matters
• Members were given an opportunity to ask questions, seek clarification and provide feedback on land matter issues

7. Abandonment

• The CER provided an overview of its regulatory oversight of pipeline abandonment
• Members were given an opportunity to ask questions, seek clarification and provide feedback on abandonment issues
• Action: a question was raised about whether the CER Damage Prevention regulatory framework still applies once a pipeline has been abandoned in-place and CER staff committed to following up with members on this question

8. Work plan and Landowner Guide Discussion

• The CER provided an overview and facilitated a discussion on the AC’s 2018 work plan
• The objective of this discussion was to update the plan further to modernization initiatives and assess the relevance of issues identified in 2018
• It was determined that the work plan would be restructured into two main part including:
  • a) The need for the CER to provide further guidance on topics such as compensation, abandonment, remediation and damage prevention and;
  • b) Company communication.
• The CER indicated its intention to hold workshops with this Committee on the following topics:
  • The Renewal of the Onshore Pipeline Regulations
  • Updates to the Landowner Guide which could include further guidance on compensation, abandonment, remediation, damage prevention and other areas identified and
  • Possible updates to the CER’s Interim Filling Guidance and/or Filing Manual
• Members were asked for their views and suggestions on the best methods to make CER’s information, including updates made available to them and their constituents and feedback was provided

9. Terms of Reference Renewal

• The CER provided an overview of the current demographics of the larger LMG Group and the current representation of the LMG AC.
• Feedback was received from members which included the need to ensure regional representation and a landowner focus.
• Decision: no revisions required

10. Follow up items and next meeting

• Members were provided with an opportunity to discuss agenda items and next steps
• Options for next meetings were discussed and included the option of a teleconference meeting in early spring 2020 and next in-person meeting in late spring early, early summer.

11. Adjournment

• Meeting adjourned at 4:00 pm MST.