Land Matters Group Advisory Committee (LMG AC) Minutes – 29 September 2022

Zoom Videoconference Meeting
Thursday, September 29, 2022
10 a.m. to 12 p.m. (MST)

Contents

In Attendance

In Attendance

Marc-André Plouffe, Acting VP, Communications and Engagement / LMG Chair
Véronique Duhamel, Director of Engagement
Carole Léger-Kubeczek, LMG Coordinator

Canadian Federation of Agriculture

Lynn Jacobson

New Brunswick Federation of Woodlot Owners

Dave Palmer
Ron Smith

Ontario Federation of Agriculture

 Drew Spoelstra
Union des producteurs agricoles du Québec

Isabelle Bouffard
Stéphanie Levasseur
TC Energy Graeme Wright
Enbridge Inc. Marnie Yohemas
International Right of Way Association Josh Vass
Jenna Wood
Alberta Energy Regulator Fiona LeBlanc

Alberta Farmers' Advocate Office

Darcy Allen
Natural Resources Canada Julie Siddons

Canada Energy Regulator (PWG)

Marc Boucher
Anne-Marie Erickson
Paul Georgison
Brian Martin
Anka Mihaila
Luc Rainville
Lisa Zaplachinski

Absent:

Carey Patterson, Alberta Energy Regulator
Larry Yurkiw, Enbridge Inc.
Sarah McKenzie, Enbridge Inc.

Guests:

Melissa Mathieson (CER)
Katie Emond (CER)
Ian Fall (NRCan – Presenter)
Tracy Schneider (NRCan)
Karen Weisner (NRCan)

Welcome/Introductions/Land Acknowledgements

Review and Approval of the Meeting Agenda

  • Approval of the meeting agenda
  • Approval of the June 21, 2022 meeting minutes

Members Roundtable Updates

  • Introduction of new members:
    • New Brunswick Federation of Woodlot Owners: Dave Palmer, Ron Smith
    • Natural Resources Canada: Julie Siddons
  • Self-introduction by each member.

Indigenous Ministerial Arrangements Regulations – Presentation and Discussion

Link to Indigenous Ministerial Arrangements Regulations and presentation [PDF 859 KB].

Presentation by NRCan – this multi-year project is still at the early engagement stage (Phase 1).

  • The proposed regulations are focused on the oversight of federally regulated energy infrastructure projects under the Canadian Energy Regulator Act.
    • The regulations would authorize the Minister of Natural Resources to enter into arrangements with Indigenous governing bodies; and
    • The regulations may also authorize any Indigenous governing body that enters into such an arrangement to exercise powers, duties, and functions under the Canadian Energy Regulator Act
  • At this early stage, the project working group is asking Indigenous communities, as well as stakeholder groups to provide input on how they would like to be engaged throughout the regulatory development process and if there are any initial considerations regarding the proposed regulations that they would like considered.

Questions put forward by the project working group for consideration by the members:

  1. Are there any initial considerations that you would like to raise about the proposed Regulations?
  2. Do you see any initial advantages that the proposed Regulations could have?
  3. Can you suggest any strategies for maximizing the advantages and addressing any challenges?

Discussion:

  • Question: A need for more clarity in terms of the intent to develop this type of regulations.
    Answer: One application could involve a series of pipeline monitoring activities. For example, an Indigenous governing body could be enabled to perform regulatory functions under the CER Act. This is a totally new initiative, which means that nothing of the sort exists currently.
  • Questions: How will the conflict amongst Indigenous Nations or between Indigenous peoples and landowners be handled? How will the parties be represented? Who will have the decision-making power?
    Answer: As part of Phase II, a procedure will be developed. It could take the form of conflict resolution process. A body representing the interests of the Indigenous peoples may need to be created for this purpose. The interests of all parties – landowners, industry and Indigenous peoples etc. will need to be taken into account.
  • Question: Will the new regulations apply to Indigenous traditional territories only or will they cover all of Canada? Potential for conflicts with agricultural owners might arise as a result.
    Answer: There will be consultation on this matter, but it is possible that the new regulations will apply to all lands impacted by CER-regulated infrastructure, dependent on the powers, duties and functions being exercised under the potential agreements. NRCan will undertake its own consultation initiative, specific to this regulatory development project, which will not be the same as the type of consultation that the CER carries out.
  • Question: How and at what stage are Indigenous peoples engaged in this process?
    Answer: Indigenous peoples will be engaged early on. The project working group has reached out to different Indigenous organizations to ask about their preferences in terms of engagement in this process

Property Damage Sub-committee – Overview by Carole Léger-Kubeczek and Darcy Allen

  • The CER subject matter leads are progressing with the development of their respective topics. The leads are undertaking a review of what is currently available on the CER website, as well as what is posted by other sources, including other regulatory agencies and CER regulated companies.
  • The new content will be drafted with the landowner in mind and will be collected into a single area on the CER website (Land Matters Guide).
  • Key topics will be illustrated with fictional stories describing the process that was at play to resolve the issue.
  • Parties (land agents and landowners) need more clarity in terms of what is expected. Greater clarity would enable landowners to better understand the process and might also enable them to resolve the issue with or without assistance from the CER.
  • Support could also come in the form of complementary tools such as FAQs or a process checklist. Access to these tools (online and hard copy) must factor in that not all landowners have the right level of Internet capacity.

What Else is Happening?

  • Filing Manual Review
    • In addition to processing the feedback that has already been submitted about GHG emissions, the project working group is also preparing for a review of the environmental and socio-economics assessment sections. A call for public comments will follow in the coming weeks.
  • LMG News and Readership Analytics

    • Analytics show significant fluctuations in terms of the number of pageviews, but overall, the number of new users remains consistent.
    • As usual, we encourage you to forward the link to other people within your respective organizations because ultimately, that is by far the best way to share information and make all this work that much more relevant.
  • We are also interested in getting suggestions for articles to be developed for upcoming issues.

Follow-up Items and Next Meeting

  • Members are invited to put forward topics of discussion for upcoming meetings or ideas for articles to explore and develop that are relevant to all key stakeholder groups.
  • The next meeting is scheduled for Thursday, 15 December 2022, starting at 10 a.m. (Mountain Time). A meeting invite will follow.
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