ARCHIVED – Land Matters Group Advisory Committee Minutes – 25 April 2018

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Land Matters Group Advisory Committee
Meeting at NEB Office Calgary
Wednesday, 25 April 2018
8:00 am to 4:00 pm (MST)

In Attendance

In Attendance

Jeff Burke, Canadian Energy Pipeline Association / TransCanada

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

Paul Doyon, Union des producteurs agricoles

Isabelle Bouffard, Union des producteurs agricoles

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

Inez Halaska, NEB (Facilitator/Guest)

Lisanne Bazinet, Natural Resources Canada

Lynn Jacobson, Canadian Federation of Agriculture

Anne Marie Erickson, NEB (Technical Lead, Land Matters)

Brodie Allen, International Right of Way Association

Bridget Oliveira, NEB (LMG Project Manager)

Judi Leeming, BC Farmers' Advocate Office

Meeting Items

1. Welcome/Introductions

  • See list of attendees

2. Review of 29 November 2018, meeting minutes and agenda

  • 8 February 2018 meeting minutes approved with minor revisions.
  • Agenda approved

3. Current priorities – Roundtable

  • Roundtable: Updates were received from all participants.

National Energy Board (NEB)

  • Acknowledged the departure of one of the CFA’s representatives, Drew Black and discussed plans for his replacement on the LMG Advisory Committee.
  • Provided an overview of the NEB Engagement Survey Report and Results. In this regard:
    • Addressed feedback received from the LMG Advisory Committee members regarding whether NEB's engagement was meaningful and if members had opportunities to share their views and perspectives and;
    • Confirmed that input received would be incorporated into a Land Matters Engagement Plan.
  • Provided an overview of the current Advisory Committee membership in relation to the governance structure outlined in the endorsed Terms of Reference and highlighted the importance of recruitment over the next several months.
  • Requested a response to NEB emails or meeting invitations within five business days in order to assist with planning and logistics.

Canadian Energy Pipeline Association

  • Indicated that it was Dig Safe Month and stressed the importance of Click Before You Dig, and operating safely.

BC Farmers’ Advocate Office

  • Indicated that they are dealing with many non-NEB projects at the moment and that they are gearing up for one of the busiest quarters in history regarding cumulative impacts in oil and gas, which can result in friction between landowners and oil and gas companies.
  • Highlighted the importance of dealing with the inconsistent approach on how industry and landowners define friction.

Canadian Federation of Agriculture

  • Indicated that aging pipelines and abandonment are big issues for landowners.
  • Acquisition, compensation, how these apply during the abandonment phase and how this works are concerns.

International Right of Way Association (IRWA)

  • Discussed three initiatives that they are currently involved in:
    1. The Canadian Pipeline Course which is a pilot project;
    2. The SR/WA Senior Right of Way Professional, is the highest achievement for the right of way professional; and
    3. The 64th Annual International Right of Way Education Conference which is being held June 24-27, 2018 in Edmonton.

Natural Resources Canada (NRCan)

  • Indicated that much input was received on Bill C-69 which were required to be submitted by April 6, 2018.
  • The Committee will review input received until April 26, 2018.
  • Highlighted that legislative changes to landowners are one of many files under review.

Union des producteurs agricoles

  • Discussed the UPA’s priority to send in comments on Bill C-69.
  • Pipeline Abandonment is also a priority that needs to be examined and dealt with.

4. Work planning session

  • Results from the prioritization exercise around the list of issues were presented with the objective of validating the results compiled.
  • The Work Plan was presented as an evergreen document with the possibility that some priorities may shift due to Modernization outcomes.
  • Input was received during the work planning session and the top priorities identified included: Compensation Matters, Damages, Access to Lands and the Land Acquisition Process.
  • A fulsome discussion around who, what, when, where and how took place in relation to the top priorities mentioned above. This included the types of activities and initiatives that could be considered to address the issues and concerns under each priority and how they would be reflected under the draft work plan that is to be developed in the coming months.
  • Examples included how damages are defined, what is the best process to make a claim for damages.

5. Next Steps

  • The Chair of the LMG Advisory Committee to confirm work currently planned by the NEB in relation to the Land Acquisition Process, the development and/or revision of land related regulations related to Bill 69 and the serving of Section 87.1 Notices to inform the draft work plan.
  • A draft work plan with the input received will be compiled and shared with the group before the next meeting, which will take place later this summer via teleconference.

6. Adjournment

  • Meeting adjourned at 4:00 pm MST.
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