ARCHIVED – Land Matters Group Steering Committee – 12 October 2017

Meeting at NEB Conference Centre
Thursday, 12 October 2017
8:00 am to 16:00 pm (MST)

Meeting Items

1. Welcome/Introductions

• See list of attendees

2. Review of 10 July 2017 meeting minutes and agenda

• 10 July 2017 meeting minutes approved
• Agenda approved

3. Current priorities roundtable

• Roundtable: Updates were received from all participants.

National Energy Board (NEB):

• An overview of the NEB’s core responsibility of Engagement was provided including its importance and impact on the LMG.
• Identified that the Engagement Advisory Committee was established and is represented by five Board members and that their new role is advisory in nature and not decision making.
• Confirmed that the LMG Subcommittee Report on Landowner’s Guidance was presented to the newly formed Engagement Advisory Committee in August and was well received.
• Background information on the Indigenous Advisory Monitoring Committee (IAMC) established by the GOC in 2016 for TMX and Line 3 was discussed. It was identified that IAMC will form the basis of new relationships and a new way of working with Indigenous Peoples.
• Background information on the Municipal Roundtable Initiative was provided.

L’Union des producteurs agricoles

• Expressed the importance of receiving correspondence, more specifically responses to the UPA and their clients’ letters in the language that they are sent to the Board.
• Discussed Abandonment hearings and how the UPA would like to participate but face limitations due to budgetary and resources constraints.

Canadian Federation of Agriculture

• Areas of concern include: pipeline abandonment, reclamation, compensation and access to land.
• An overview of lump sum payment vs. annual rent was raised and discussed.
• Identified that the current three Surface Rights Groups in Alberta is problematic from an expertise perspective.
• Discussed the CFA’s involvement in PARSC (Pipeline Abandonment Research Steering Committee) and the possibility of providing a more fulsome update at the next meeting.

International Right of Way Association (IRWA)

• Provided background information on the IRWA and its objectives.
• Provided an overview of the Senior Right of Way Program Designation.

Canadian Energy Pipeline Association

• Discussed the development of a Guidebook with infographics for construction guidelines regarding expectations for landowners during the construction phase.
• Indicated that communications and engagement are challenging areas and they are taking steps to engage more with regional stakeholders.
• Current demonstrations, such as protests can have significant ramifications to industry’s priority to deliver energy safely.

4. National Energy Board Modernization – Natural Resources Canada (NRCan)

• NRCan provided an update on NEB Modernization and potential contemplated changes to the NEB, focussing on measures affecting land matters.
• Four themes being explored under Modernization were discussed and include:
  • a) Establishing Modern and Effective Governance Mechanism:
    • Clarifying the responsibilities of the regulator
    • Enhancing the diversity and expertise of the Board
  • b) Ensuring greater Predictability and Timelines in Decision Making:
    • Clarifying environmental assessments to be completed by the NEB and CEAA
    • Allowing the regulator to make final decisions on variances, transfers and licenses
    • Transferring to the regulator, authority to resolve disputes over compensation for land acquisition and damages
    • Establishing alternative dispute resolution processes
  • c) Strengthening Safety and Environmental Protection:
    • Enhancing measures to support landowners in land acquisition process and throughout the lifecycle
    • Requiring companies to increase surveillance and monitoring of their facilities
    • Providing for the use of alternative response measures
  • d) Ensuring Engagement Processes are more inclusive:
    • Allowing the participation in hearings through informal means
    • Engaging the public outside of hearing processes, more significantly
    • Enhancing Indigenous participation

5. Land Matter Group Terms of Reference

• An in-depth discussion of the ToR took place. The high level areas included: Governance, Structure, Recruitment, Roles and Responsibilities, and the development of a work plan.
• It was agreed that the LMG Steering Committee’s name would be changed to the LMG Advisory Committee.
• Jeff Paetz, Dew Black and Isabelle Bouffard and the NEB agreed to review the proposed changes and finalize the ToR with circulation by email to be completed prior to the next meeting.
• It was agreed that approval of the ToR would take place at the next in-person meeting in February 2018.

6. Draft land matters list of issues

• A list of outstanding land matters issues was presented by the NEB as a starting point to initiate discussion around new and current issues. See Appendix A
• Other issues were raised and they will be incorporated into a draft work plan which will be circulated prior to the next in-person meeting.
• It was suggested that the NEB work with NRCan to ensure the work plan’s priorities align with changes that come out of modernization.

7. Next In-Person Meeting (Calgary)

• For planning purposes, the NEB proposed that meetings be held in October/ February/ late May or early June each year with at least two of the meetings to be held in-person. Members supported the proposed timing of meetings.

8. Adjournment

• Meeting adjourned at 16:00 pm MST.

Appendix A

Summary of Landowner Guidance Subcommittee Report and 2016 Land Matters Issues

Date modified:

2022-01-28