Best Practices for Land Agents

Best Practices for Land Agents [PDF 888 KB]

Purpose

Before they can build linear energy infrastructure such as pipelines or transmission lines, energy companies typically need to acquire land rights. Energy companies use land agents typically to negotiate with landowners on land and access agreements for the construction of these projects. Given their important role with landowners and land rights, land agents must act ethically and according to certain rules. Applying best practices for land agents will help foster landowner relationships while protecting the rights and interests of landowners.

The Canada Energy Regulator (CER) supports ethical, positive, productive and professional interactions between companies and landowners.

Expectations

While the Canadian Energy Regulator Act (CER Act) does not have authority over the best practices, we nonetheless expect land agents to provide information, monitor and maintain dialogue (including dispute resolution) to support positive and effective land agent to landowner engagement.

Companies are expected to participate voluntarily in the promotion of these best practices in alignment with their own approach to land issues. In short, applying the best practices for land agents will lead to better results in terms of landowner relationships and engagement.

Guiding Principles

Values, Ethics and Professionalism

• Demonstrate honesty and integrity.
• Respect private property and personal information.
• Conduct activities in a way that respects safety, protection of the environment and public, trust and transparency.
• Avoid misrepresentation, coercion or undue pressure in discussions or negotiations.
• Comply with the company’s policies and procedures and report instances of non-compliance.
• Accept responsibility for actions taken and correct errors promptly.

Documentation

• Maintain confidentiality, as appropriate, when interacting with landowners and other stakeholders.
• Present accurate, clear and up-to-date information in an unbiased manner.
• Land agents are to document commitments made to landowners and ensure that those commitments are communicated to the appropriate company representatives.

Timeliness

• Provide prompt answers to landowner questions and requests.
• Allow landowners and users sufficient time to review any documents to be signed.
• Avoid creating a sense of urgency or unnecessary pressure during negotiations.

Training and practical knowledge

• Have up-to-date knowledge of CER processes, regulatory requirements and company policies.
• Demonstrate technical knowledge and expertise.
• Keep abreast of best practices in the industry.
• Take a recognized ethics course (e.g., International Right of Way Association or equivalent) at least every five years, to reinforce ethical standards and professional responsibility.
• Know and comply with applicable legislation, such as laws and regulations.

Transparency and disclosure

• Disclose reporting relationship with the company represented.
• Declare and avoid conflicts of interest.
• Be transparent about any relevant credentials and accreditations.

Although this list of guiding principles is not exhaustive, it provides examples in terms of behaviour, professionalism and good conduct towards the standardization of land agent conduct with owners, within the federal energy regulatory framework.

Problem-Solving

The most common approach to resolving problems and concerns about a land agent’s conduct is to contact the company’s contact person directly to explain and describe the expectations that have not been met. The CER’s expectation is that problems are dealt with by the company within a reasonable timeframe and to the satisfaction of all parties concerned. The CER’s Land Matters Advisory Service (LMAS) is available to answer questions and address concerns by contacting toll free 1-800-899-1265 or write to LMAS.SCQF@cer-rec.gc.ca. The CER’s alternative dispute resolution services are also available at 1-800-899-1265 or ADR-RED@cer-rec.gc.ca.

Acknowledgements

This publication has been prepared through the work of the CER’s Land Matters Advisory Committee (LMAC). The LMAC is composed of representatives from different stakeholder groups across Canada who speak about the needs and interests of their respective constituency groups. LMAC membership includes landowners and landowner associations, lands professionals, municipal government entities, and company representatives from the oil, gas and electricity transmission sectors. A group of CER subject matter experts also supports the work of the LMAC.