Land Matters Group Advisory Committee (AC) Minutes – 18 March 2020

Teleconference Meeting at the Canada Energy Regulator’s (CER) Office
Wednesday, 18 March, 2020
09:30 am to 11:00 am (MST)

In Attendance

In Attendance

Dana Cornea, A/Chair and A/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

Renée Bazinet, Natural Ressources Canada (Guest)

Isabelle Bouffard, Union des producteurs agricoles

Sam Sele, A/Director, Stakeholder Engagement

Paul Georgison, Technical Leader, Stakeholder Engagement, CER

Brodie Allen, International Right of Way Association

Marc Godin, PSARC (Guest)

Graeme Wright, Canadian Energy Pipeline Association /TransCanada

Lisa Zaplachinski (Guest), CER

Carole Léger-Kubeczek (Guest), CER

Louis Menard, Union des Producteurs Agricoles

Shannon Neufeld, (Guest), CER

Jenna Wood, International Right of Way Association

Alexander McGrath, (Guest), CER

Carey Patterson, Alberta Energy Regulator

Meeting Items

1. Welcome/Introductions

  • See list of attendees

2. Review of 8 January, 2020 meeting minutes and agenda

  • 8 January, 2020 meeting minutes approved
  • Agenda approved

3. Current priorities

Canada Energy Regulator (CER)

  • Provided HR updates including CEO’s departure, A/CEO, A/VP for Communication and Engagement, A/Director for Stakeholder Engagement and changes to LMG Project Manager
  • Provided an update on the CER’s business continuity plan further to COVID-19.
  • Highlighted key areas of improvements to structure and content of LMG meetings further to comments and suggestions received by LMG AC members
  • Reminded members about the Stakeholder Survey and 31 March, 2020 deadline.
  • Provided an update on the status of the Work Plan and LMG Recruitment strategy
  • Provided an update on the status and timeline for the Onshore Pipeline Regulation (OPR) renewal project
  • Provided an update on Compensation
  • Mentioned how recent feedback received from members was shared internally for follow up
  • Members were provided with an opportunity to ask questions and seek clarification on updates

4. Pipeline Abandonment Research Steering Committee (PARSC) update

  • Provided an update about the overall PARSC program, its achievements, and the opportunity for renewal
  • Indicated that their funding was expiring, and that they were pursuing new funding through the federal govt and other
  • Highlighted the need for further research on cleaning methods and buoyancy effects.
  • Indicated that more work is needed in the field testing realm, including the need to conduct simulation exercises
  • Action: a question was raised about where members could find copies of PARSC’s research reports and findings. CER staff committed to sending out links to AC members.

Note: Updates from each respective organization were obtained subsequent to the meeting and are included in the attached Appendix.

5. Update on the Designated Officer Regulations

  • The CER provided a regulatory update, more specifically an update on the Designated Officer Regulations including key areas that were raised and discussed by the AC in November 2018.
  • Members were provided with an opportunity to ask questions and seek clarification.
    • Action: a question was raised about whether there is an appeal process for decisions made by Designated Officers. CER staff committed to preparing a response to this question.

6. Review of Action Tracker and follow up items

  • The CER provided an overview of its Action Tracker which included an update on whether Participant Funding is available for abandonment hearings, and an overview of answers the CER obtained in response to questions raised by members regarding the CER pipeline abandonment regulatory framework
    • Action: the PFP Guide will be sent to members via email and a synopsis of the answers to questions regarding the CER pipeline abandonment regulatory framework will be provided to members

7. Follow up items and next meeting

  • Items have been captured in the Acton Tracker outlined below
  • The next meeting is tentatively scheduled for May 2020 with a focus on the OPR renewal project.

8. Adjournment

  • Meeting adjourned at 11:30 am MST.

Action Tracker

Action Tracker

Description and deliverable


Target Date

  • 1. Participant Funding Program Guide to be provided to members via email

Bridget Oliveira

31 March 2020

  • 2. Synopsis of answers to questions raised on abandonment to be provided to members via email.

Questions raised include:

  • Do the Damage Prevention regulations apply to abandoned pipelines?
  • What is the scope of the CER’s ability to regulate abandoned pipelines?
  • What is the scope of a company’s liability for abandoned pipelines described in s. 241(5) of CERA?

Paul Georgison/Shannon Neufeld

31 March 2020

  • 3. Links to PARSC Reports and Findings to be sent via email

Bridget Oliveira

31 March 2020

  • 4. Information on whether there is an appeal process for decisions made by Designated Officers to be sent via email

Alexander McGrath

31 March 2020


Canadian Federation of Agriculture (CFA)

  • Highlighted that there are costly implications to agriculture of delaying the building of pipelines such that needed rail capacity is diverted away from grain
  • Indicated they understand the need for necessary health precautions to be taken to stop the spread of COVID-19
  • Mentioned that rail capacity is critical to securing food supply chains during this pandemic and the economic recovery that must follow
  • Requested that the CER do what they can to help secure this capacity.

Canadian Energy Pipeline Association (CEPA)

  • Highlighted that their main focus includes changes from NEB to CER (regulatory and policy change) stemming from Bill-69, the OPR renewal and cost recovery

TC Energy


International Right of Way Association (IRWA)

  • Provided an International level update: their new CEO is Charlie Nobles, very receptive to listen to specific initiatives in Canada
  • Sharon Slauenwhite, has been appointed as the President of the International Executive Committee, she is Canadian, a positive for the Canadian Chapter of the IRWA
  • IRWA’s Conference scheduled in June 2020 has been officially cancelled
  • Reminded members that the IRWA’s participation is an appointed role by the IEC President
    • IEC still supporting IRWA’s involvement / participation with the CER initiatives
  • Introduced new liaison support team member:  Jenna Wood, SR/WAI who will take on the CER representative role mid 2021

Natural Ressources Canada (NRCan)

  • The Minister of Natural Resources received the recommendation report on the NOVA Gas Transmission Ltd 2021 system expansion:
  • Indicated they are working on preparing the Ministerial Recommendation to the Governor in Council (GIC) for a decision on the project and that the Major Projects Management Office is undertaking Indigenous consultations to inform the decision
  • Mentioned they are monitoring the regulatory review of the NGTL Edson and North Corridor projects, which will also need decisions by the GIC after the CER issues the reports 
  • Mentioned that they are monitoring detailed route hearings on the TMX project to determine if any route variances might be required, which may need GIC approval. 
  • Indicated they are working closely with the CER and the Impact Assessment Agency on providing comments on the Tailored Impact Statement Guidelines (TISG) for the Gazoduq pipeline project

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 they are working with company representatives to ensure the rights and interests of landowners are respected should the project go ahead
  • Mentioned that they have provided comments on the TISG for the Gazoduq project
  • Negotiation of a UPA-Energy framework agreement for natural gas supply and distribution lines in agriculture and forest environments
  • Follow-up on the update of Canada Energy Regulator’s new regulations (e.g. Onshore Pipeline Regulations)

Alberta Energy Regulator (AER)

  • Mentioned their interim CEO will conclude his term end of this month and they anticipate an announcement on their new CEO shortly thereafter
  • Indicated they anticipate the reorganization of the AER is complete. Approximately 200 staff were let go since January 2020. 
  • Like others, the AER is responding to the COVID 19 pandemic. All possible staff are working from home while still executing on their mandate
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