ARCHIVED – Land Matters Group Advisory Committee Minutes – 12 September 2018

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Land Matters Group Advisory Committee
Meeting via Teleconference Call
Wednesday, 12 September 2018
12:00 pm to 2:30 pm (MST)

In Attendance

In Attendance

Graeme Wright, Canadian Energy Pipeline Association / TransCanada

Kandice Morrison, NEB (Director of Engagement and Indigenous Relations)

Albert Louie, NEB Guest

Isabelle Bouffard, Union des producteurs agricoles

Michael Benson, NEB (Tech Specialist, Socio-Economic, Facilities Adjudication)

Frank Annau, Canadian Federation of Agriculture

Lisanne Bazinet, Natural Ressources Canada

Lynn Jacobson, Canadian Federation of Agriculture

Anne-Marie Erickson, NEB (Technical Leader, Land Matters)

Brodie Allen, International Right of Way Association

Suchaet Bhardwaj, NEB Guest

Karen Wiesner, NRCan (Guest)

Bridget Oliveira, NEB (LMG Project Manager)

Elvin Gowman and Judi Leeming, BC Farmers' Advocate Office

Meeting Items

1. Welcome/Introductions

  • See list of attendees

2. Review of 25 April 2018 meeting minutes and agenda

  • 25 April 2018 meeting minutes approved.
  • Agenda approved

3. Current priorities – Roundtable

  • Roundtable: Updates were received from all participants.

National Energy Board (NEB)

  • Welcomed the newest LMG Committee Members, Frank Annau form the CFA.
  • Acknowledged the departure of CEPA’s representative, Cathy Hay from the Committee
  • Provided NEB key messages from the Federal Court of Appeal decision of the Trans Mountain Expansion project
  • Discussed the NEB’s attendance at the IRWA’s International Education Conference in Edmonton Alberta in June, 2018
  • Discussed the NEB’s attendance at the Expo-Champs in St-Liboire Québec in August 2018

Canadian Energy Pipeline Association

  • Nothing specific to comment on at this time


  • Indicated that they have an update in the context of Line 3. They have more people on the ground interacting with landowners given the increased scope of the project 

BC Farmers’ Advocate Office

  • Indicated that they are dealing with many projects at the moment and mostly those that fall under provincial jurisdiction
  • Discussed work that is being conducted adjacent to the North Montney line, an impacted landowner and the deferral of the concerns to the Provincial Regulator.

Canadian Federation of Agriculture

  • Indicated that aging pipelines and abandonment are big issues for landowners.
  • Attended the May 8th CAMPUT Regulators Conference and attended the session on consultation where the NEB gave a presentation on consultation with Indigenous People and found the Conference to be informative.

International Right of Way Association (IRWA)

  • Discussed the release and rollout of a condensed certification program for senior ROW professionals and encouraging all land professionals to have this designation

Natural Resources Canada (NRCan)

  • Highlighted that legislative changes to landowners are one of many files under review.
  • Discussed the NGTL 2021 System Expansion Project under the Major Projects Management Office (MPMO).
  • Working with CEAA and focusing on project lists to identify those that may be impacted
  • Provided a brief overview of a an event NRCan attended with CEPA in August on a joint emergency management exercise plan that was well received

Union des producteurs agricoles

  • Indicated that not much work involving NEB regulated projects is going on at this time   more with the provincial regulator.

4. Modernization Update

  • Discussed three regulations that are targeted to be developed or updated for the CER Act coming into force in the near term. These include:
    1. Designated officers under the CER Act (new regulation)
    2. Time management in the project review processes (new regulation)
    3. Conducting activities near federally-regulated interprovincial and international power lines (updated regulations)
  • Mentioned that there are discussion papers that will be released soon that will provide stakeholders and Indigenous groups with opportunities to engage on policy frameworks in the coming months.
  • NRCan indicated that they would continue to share information related to modernization through the LMG Secretariat.

5. NEB Modernization Implementation Team

  • Provided members with an overview of the Modernization implementation project and streams at the NEB. They will also provide context to members on how modernization will shape how and when there may be opportunity to consult the LMG AC.

6. NEB Summary of Engagement Table

  • Provided an overview of the Work Plan (Summary Engagement Table) and updates made to the table further to input received from members during the last two meetings.
  • Members identified four key areas that will be actioned over the next several months and working groups were identified. These areas and working groups include:
  • Land Acquisition
  • A Working Group made up of the following individuals was struck: Brodiee Allen, Lynne Jacobson, Elvine Gowman and Judye Lemming, Graeme Wright, Anne-Marie Erickson.
  • The Working Group will:
    • Lead work on Section 87(1) – Notices and associated timelines
    • Conduct a gap analysis in relation to the information contained in the 2017 Landowners Guide to Land Acquisition and expand information gaps as needed
  • Once this group defines their scope on Land Acquisition, consideration will be given to Compensation matters in general.
  • Damages
  • A Working Group made up of the following individuals was struck: Isabelle, Bridget, Jeff, Graham, Elvin.
  • The Working Group will:
    • Identify what information is needed to talk about damages (with a life-cycle approach), including non-financial options to addressing damages caused as a result of company activities
  • Recruitment and Governance
  • A Working Group made up of the following individuals was struck: Lynn, Kandice, Bridget, Brodie and Frank
  • The Working Group will:
    • Review the current structure and discuss a Recruitment Plan and Strategy for both the Sub-Committee and the broader LMG
    • Review the Terms of Reference

7. NEB Performance Summary Report

  • Shared Highlights of 2017-18 Performance Summary Report
  • Discussed the Survey that was sent out to members in the spring that relates to engagement. Indicated that we will be reaching out to members in the coming months to hear what success in engagement looks like

8. Next

  • A doodle pool will be sent out to canvass members’ availability for a teleconference call meeting in November or December 2018 and an in-person meeting in February 2019.
  • The lead on each working group will coordinate and schedule the first meeting to begin the conversation and planning of the work identified under each group.

9. Adjournment

  • Meeting adjourned at 2:35 pm (MST)
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