ARCHIVED – Land Matters Group Advisory Committee Minutes – 20 February 2019

Land Matters Group Advisory Committee Minutes
Meeting at Calgary Office (Roos 2412 & 2413)
Wednesday, 20 February 2019
8:00 am to 4:00 pm (MST)

In Attendance

In Attendance

Amy Jarek, Chair & Vice Chair Communications & Engagement, NEB	Kandice Morrison, (Director of Stakeholder Engagement), NEB
Lynn Jacobson, Canadian Federation of Agriculture	Larry Yurkiw, Canadian Energy Pipeline Association / Enbridge Pipelines Inc.
Alisha Bhura, Canadian Energy Pipeline Association	Melissa Mathieson, NEB (Guest)
Lisanne Bazinet, Natural Resources Canada	Isabelle Bouffard, Union des producteurs agricoles
Anne-Marie Erickson, (Technical Leader, Land Matters), NEB	Elizabeth Grilo, Alberta Energy Regulator via teleconference
Bridget Oliveira, (LMG Project Manager), NEB	Sandra Elliott, (Administrative and Note Taker), NEB
Carey Patterson, Alberta Energy Regulator	Beatrix Gokey, Natural Resources Canada, (Guest)
Trevor Martens, International Right of Way Association	Judi Leeming, BC Farmers' Advocate Office
Bryce VanSluys, NEB (Guest)	Albert Louie , NEB (Guest)
Graeme Wright, Canadian Energy Pipeline Association / TransCanada	Danielle Prevost, NEB (Guest), via teleconference
Laura Randall, NEB,(Guest)	Jonathan Timlin, NEB (Guest)
Patrick Sprague, NEB (Guest)	Suchaet Bhardwaj, NEB (Guest)
Theo Fong, NEB (Guest)	Zac Jacques, Natural Resources Canada (Guest)
Paul Georgison, NEB (Guest)	Jana Nicholson, NEB (Guest)

Meeting Items

1. Welcome/Introductions

• See list of attendees

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

• 29 November meeting minutes approved
• Agenda approved

3. Current priorities – Roundtable

• Roundtable: Updates were received from all participants

National Energy Board (NEB)

• Introduced guests and shared update on appointment of Tracy Sletto as the Executive Vice President of the Transparency and Strategic Engagement Business Unit
• Committee members were presented with The Stakeholder Engagement survey to be completed by March 20, 2018. The purpose of the survey is to evaluate whether members have been meaningfully engaged and given the opportunity to share their perspectives and provide feedback

Natural Resources Canada (NRCan)

• Involved in several NEB files including TMX’s Reconsideration, the Pipeline Capacity restraints report and supporting the Attorney General from a policy perspective on the Coastal Gas jurisdictional case

Union des producteurs agricoles

• Indicated that the UPA is active in Modernization initiatives and the proposed project, “Gazoduc” in Ontario and Northern Québec. This is a significant project for them, and they will be involved in the file

Enbridge Pipelines Inc.

• Deferred to CEPA to provide an update

Canadian Energy Pipeline Association (CEPA)

• Bill C-69 is a priority for CEPA as well as providing feedback on the Bill both inside and outside of this group

Canadian Federation of Agriculture

• Expressed that the CFA and the CFA Alberta chapter are concerned about the Redwater case and its impact on the agriculture industry
• Maintenance, new builds and their impacts on coastal waters are a concern, as well as the administrative burden under Bill C-69
• Concerns about the definition/wording of fish habitat under Bill C-68.

International Right of Way Association (IRWA)

• Education is a priority for the IRWA and they are creating a program and credentials that all land agents can benefit from

TransCanada

• Deferred to CEPA to provide an update

Alberta Energy Regulator

• The AER has completed its liability management review and has also been active on curtailment
• The CEO recruitment is well underway
• Redwater requires attention now that the court decision has been rendered

BC Farmers’ Advocate Office

• Working on lifecycle management and jurisdictional issues. Their contract expires at the end of March 2019 and they are waiting for funding approvals from both the provincial and regional governments. A report by MPN on the operational feasibility of the Office was prepared and submitted at the end of January to the funding departments

Natural Resources Canada (NRCan) – National Energy Board Modernization

• Representatives of NRCan’s NEB Modernization Secretariat provided an update on NEB Modernization and more specifically, provided an update on the Bill’s review before the Senate and next steps. Recruitment and selection of GiC Appointments were posted and close on February 18, 2019
• Three selection processes are expected to conclude at the end of April. The CEO’s selection process will occur after the Board of Director process given that under the Bill, the BOD must be consulted on the appointment

4. Modernization – Expanded Mandate (Compensation)

• A high level overview and conversation was led on Compensations disputes
• Input was received on: the proposed framework’s goal, the Commissioner’s role, the type of information required for and scope of a pre-resolution conference, the appropriate vehicle for setting out the information requirements, expectations, and information tools, materials or guidance that should be made available to the public, and examples from other jurisdictions.
• Input was received on: the need to keep alternative dispute resolution options simple and accessible, mitigating the imbalance between companies and landowners with respect to accessing to funding and resources, the need for clear rules and regulation on compensation, the role of a third party intervenor, adjudication of projects vs. compensation, the need for flexibility and neutrality.

5. Modernization – Expanded Mandate Continued (Land Matters Advisory Services)

• Input on the Land Matters Advisory Services (LMAS) was received on the following topics:
• Access. Landowners have different access and capacity. Need to ensure Landowners can connect with the Land Advisor by telephone, online, and/or in-person.
• Awareness. Need to launch an awareness campaign so Landowners are aware of the service and it should be available in both languages. An option to increase awareness is to include LMAS information in the company’s outreach materials.
• Duplication of Services. CAEPLA and The Farmers' Advocate provide support to Landowners, so the Land Advisor’s service must not duplicate existing services but complement them.
• One-stop Land Advisor service. Having a “one-stop” service to a Land Advisor would be effective as Landowners are unaware of the appropriate contact person at the NEB.

6. Presentation on Section 335 Cost Apportionment Regulatory Instrument

• A presentation on Cost Apportionment was delivered to seek early feedback on regulatory objectives in advance of releasing a Discussion Paper for public comment (estimated summer 2019).
• Input was received on: the general guiding principles that landowners (including local governments, land managers, and rights holders) and pipeline companies can rely upon when considering costs associated with activities on or near NEB-regulated pipelines, and existing practices, frameworks or models that have worked well when negotiating agreement on costs.
• Input and feedback was also received on potential loss of revenue for landowners, timelines, and clarifying the definition of cost apportionment vs. compensation for damages.

7. Modernization – Updates from other internal NEB streams

• A presentation on Early Planning and Engagement to seek initial feedback on proposed changes in the Bill C69 was provided.
• Input was received on the opportunities and challenges related to the CER’s proposed Early Planning and Engagement objectives.
• Input was also received on: clarification from the company about commencement of consultations, impacts, and the target groups involved in consultations, the Board’s expectation of consultation, consideration to how and when landowners want to be contacted; issue resolution prior to project applications, setting clear guidelines on compensation, fair treatment of landowners by setting expectations up front, accessing information and learning from best practices.
• A presentation on the proposed Canadian Energy Regulator’s (CER) new governance structure, (if Bill C69 is approved), was also provided.

8. Project Working Groups (PWGs) (Land Acquisition, Damages, Recruitment and Governance)

• Further to the September 2018 meeting and establishment of Project Working Groups (PWGs), time was allocated for PWGs to discuss their objectives and continue with their work
• Discussions were held on the following topics: governance, damages, and land acquisition.

9. Follow up items and next meeting

• Members provided feedback on the meeting and agreed that the topics were meaningful and informative and the materials beneficial.
• A suggestion to have more industry representation to balance participation by both member and non-member companies was raised.
• Positive feedback was received about AER’s membership and suggested future participation by other provincial regulators ( Québec or another province)
• Members were invited to provide agenda items for the next meeting
• Timelines for the next meetings were proposed and endorsed by members
• The IRWA’s annual education conference is in June, 2019 in Portland

10. Adjournment

• Meeting adjourned at 4:00 pm MST.