Electricity Filing Manual – Chapter 8 – Lands Information

Table of Contents

1. Goal
2. 8.1 Land Areas
   1. Filing Requirements
   2. Guidance
3. 8.2 Land Rights
   1. Filing Requirements
   2. Guidance
4. 8.3 Lands Acquisition Process
   1. Filing Requirements
   2. Guidance
5. 8.4 Land Acquisition Agreements
   1. Filing Requirements
   2. Guidanc
6. 8.5 Section 322 Notices
   1. Filing Requirements
   2. Guidance
7. 8.6 Application to Address a Complaint

When an applicant elects for federal laws to apply certain sections of the CER Act which are normally reserved for pipelines, also apply to IPLs pursuant to subsections 266(1) and 266(2) of the CER Act. These sections are described below.

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Goal

The application includes accurate documentation regarding land requirements, land rights, service of notices and the land acquisition process, which demonstrates compliance with legislative requirements and respects the rights of affected parties.

Note that, under the CER Act, detailed routing and land acquisition in respect of IPLs will be carried out under provincial laws for permits or designated order certificates unless the applicant elects, pursuant to section 259 of the CER Act, to have federal laws apply (i.e., an Election Certificate). Therefore, the applicant is advised to consider the following filing requirements in relation to filing an application for a Certificate.

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8.1 Land Areas

Filing Requirements

1. The land area documentation should include the following:

• the width of the RoW including the locations where the width varies;
• the locations and dimensions of known temporary work space required for the project or, if locations are not known, a drawing showing the typical dimensions of the temporary work space required for road, watercourse and other crossings, storage areas and camps; and
• the locations and dimensions of any new lands required for all associated facilities.

Guidance

Provide a description of the requirements and rationale for both temporary and permanent lands which would allow the Commission to assess the appropriateness of the land areas. The description should include the dimensions of the:

• RoW;
• temporary work space;
• access roads; and
• ancillary facilities.

Describe the location and distance of any changes to the RoW width and the reasons for the change. Where new lands under any type of agreement are not required for the project, this should be clearly stated in the application and no further land area information needs to be filed. As well, where GPS information is known it should be filed with the CER.

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8.2 Land Rights

Filing Requirements

1. Provide a description of the type of land rights proposed to be acquired for the project and related facilities.

2. Provide a description of the nature and relative proportions of land ownership along the proposed route (i.e., freehold, Crown or public lands).

3. Where no new land rights are required, provide a description of the existing land rights that allow for the project.

Guidance

The description of the land rights will inform the Commission and landowners of the different types of land rights needed for the project (e.g., option, easement, fee simple, statutory RoW, temporary work space, permit or licence, etc.) and the areas where existing land rights allow for the project.

A description of the land ownership informs the Commission of the land acquisition areas and agreements required for the project.

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8.3 Lands Acquisition Process

Filing Requirements

1. Provide a description of the proposed process for acquiring the lands required for the project.

2. Provide the timing of acquisition and the current status of acquisition.

3. Provide the status of service of notices on all owners of lands to be acquired pursuant to subsection 322(1) of the CER Act.

Guidance

Upon filing an election, the application should describe the land acquisition process to be implemented. This will allow the Commission to assess the process, to be aware of the timing of acquisition and to verify compliance with the CER Act.

The land acquisition information should describe the:

• number of landowners and tenants;
• number of option or easement agreements signed;
• number of notices served; and
• timing of service of remaining notices.

This information may be provided in a table.

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8.4 Land Acquisition Agreements

Filing Requirements

1. Provide a sample copy of each form of land acquisition agreement proposed to be used (includes option and easement). The agreement shall be in the form required by subsection 321(2) of the CER Act:

1. 321 (2) A company must not acquire or lease lands for a pipeline^Footnote 7 under an agreement referred to in subsection (1) unless the agreement includes provision for
   1. (a) compensation for the acquisition or lease of lands to be made, at the option of the owner of the lands, by one lump sum payment or by periodic payments of equal or different amounts over a specified period of time;
   2. (b) review every five years of the amount of any compensation payable in respect of which periodic payments have been selected;
   3. (c) compensation for damages caused by the company’s operations, pipelines or abandoned pipelines;
   4. (d) indemnification from all liabilities, damages, claims, suits and actions resulting from the company’s operations, pipelines or abandoned pipelines, other than liabilities, damages, claims, suits and actions resulting from
      1. (i) in Quebec, the gross or intentional fault of the owner of the lands, and
      2. (ii) elsewhere in Canada, the gross negligence or willful misconduct of the owner of the lands;
   5. (e) restriction of the use of the lands to the line of pipe or other facility for which the lands are, by the agreement, specified to be required unless the owner of the lands consents to any proposed additional use at the time of the proposed additional use;
   6. (f) compensation to the owner of the lands if the use of those lands is restricted by the operation of section 335;
   7. (g) compensation to the owner of the lands for any adverse effect on the remaining lands of the owner, including the restriction of their use by the operation of section 335; and
   8. (h) any additional terms that are, at the time the agreement is entered into, required to be included in it by any regulations made under subsection 333(d).

2. Provide a sample copy of any proposed agreements for:

• fee simple ownership;
• temporary work space;
• an access road; or
• other agreements for the lands required for the project.

Guidance

Upon filing an election, the application should be accompanied with a sample copy of the acquisition agreement(s) to enable the Commission to verify that the agreement complies with the requirements of section 321(2) of the CER Act and that landowner rights are protected.

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8.5 Section 322 Notices

Filing Requirements

1. Provide a sample copy of the notice proposed to be served on all owners of land pursuant to subsection 322(1) of the CER Act:

1. 322 (1) If a company has determined the lands that may be required for the purposes of a section or part of a pipeline, the company must serve a notice on all owners of the lands, to the extent that they can be ascertained, which notice must set out or be accompanied by
   1. (a) a description of the lands of the owner that are required by the company for that section or part;
   2. (b) details of the compensation offered by the company for the lands required;
   3. (c) a detailed statement made by the company of the value of the lands required in respect of which compensation is offered;
   4. (d) a description of the procedure for approval of the detailed route of the pipeline;
   5. (e) a description of the procedure available under this Part in the event that the owner of the lands and the company are unable to agree on any matter respecting the compensation payable; and
   6. (f) any prescribed information.

Guidance

Notice

Viewing a sample copy of the notice assists the Commission in verifying that the notice complies with the requirements of subsection 322(1) of the CER Act and that landowners and others persons are adequately notified.

Exemption from section 199 of the CER Act

The procedure for approval of the detailed route of the power line, as described in sections 201 to 206 of the CER Act, may not apply. In this situation, the subsection 322(1) notice will describe the procedure for approval of the detailed route of the pipeline and will also include a statement that sections 201 to 206 of the CER Act will not apply in respect to the procedure for approval of the detailed route of the power line.

Lands not Acquired

In the event that an election certificate is issued, pursuant to section 262 of the CER Act the applicant would file the Plans, Profiles and Books of Reference (PPBoR) for the power line and serve notices pursuant to the requirements of subsection 201(1) of the CER Act on those landowners from which land rights have not been acquired. The Commission may allow construction of the project for those portions where the lands have been acquired, with the exception of a buffer zone near the lands not yet acquired pending the applicant demonstrating to the Commission that either the lands have been acquired, or the rights of the landowners have not been prejudiced.

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8.6 Application to Address a Complaint

Where an applicant proposes work or construction to address a landowner or public complaint that has been filed with the CER, the application should include:

• a statement that the purpose of the work or construction proposed by the applicant is in response to a complaint that has been filed with the CER;
• the name and location of the complainant;
• the nature and date of the complaint; and
• how the activities proposed will address the complaint.

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