The National Energy Board's Land Matters Group Advisory Committee – Terms of Reference 2018

• Definitions
• Goal
• Purpose
• Guiding Principles
• Structure and Membership
• LMG Advisory Committee Meetings
• Committee Roles and Responsibilities
• Role of the NEB
• Review, Amendment of Terms of Reference (TOR)
• Annual Evaluation the LMG AC
• Approvals

Definitions

• 1. Defined terms in these Terms of Reference have the following meanings and interpretations:
  • “Land Matters Group (LMG)” is a group of individuals representing multi-sector interests from across Canada and registered to receive information and participate in NEB initiatives concerning Land matters. Interests represented include land owners, land occupants, academics, Non-Government Organizations, government/regulatory organizations, and NEB-regulated companies. The LMG serves as a conduit to the larger, broader communities.
  • “LMG” Advisory Committee (AC)” The Land Matters Group Advisory Committee is established from the broader LMG group described above and may be composed of up to 12 members, who are typically senior level executives in their respective organizations.
  • LMG Subcommittee (Sub-c). An LMG Sub-c is made up of individuals selected from the broader LMG registrations or affiliates to collaborate with a project working group to produce a document or report on a specific topic, under the direction of NEB assigned staff. LMG Sub-c members report to the LMG AC.
  • “National Energy Board (NEB)” The NEB is an independent federal regulator of several parts of Canada’s energy industry that oversees more than 75,000 kilometers of pipeline and transmission lines. The NEB regulates pipelines, energy development and trade in the public interest with safety as their primary concern.
  • “Land matters” (Lm) are issues that arise between companies that develop and operate federally regulated energy infrastructure and landowners affected by the infrastructure throughout its lifecycle.
  • “Consensus” means the general agreement of all AC members on a course of action. Consensus does not require concurrence on every point, but rather broad agreement on the general approach to decisions or courses of action. As part of a consensus decision making, points of disagreement may be identified along with an explanation as to why agreement on those points has not been possible.

Goal

• 2. The LMG AC is a multi-stakeholder collaborative forum committed to a discussion of energy infrastructure, Land matters, options and solutions. The LMG AC is inclusive, meaningful and effective and is dedicated to problem solving, priority setting and innovation.

Purpose

• 3. The LMG AC brings together people who care about Land matters. It provides an opportunity for industry, landowners, landowner groups or associations, government, and land professionals to:
  • Engage and build awareness, confidence and responsiveness in the NEB and its regulatory processes throughout its lifecycle;
  • Establish and strengthen collaborative relationships with and among stakeholders that are defined under the LMG;
  • Identify common priorities and perspectives related to Land matters;
  • Keep a finger on the pulse of current Land matters that may not otherwise be brought forward in NEB regulatory processes;
  • Gather views, insights and feedback and develop reports to inform continuous improvement to the NEB’s regulatory practices, processes, procedures, and information materials; and
  • Provide advice, feedback and make recommendations to improve Land matters (issues).

Guiding Principles

• 4. Shared interest. LMG AC members share the objective of working together to gather views, insights and feedback and develop reports to inform on land matters for improvement to NEB regulatory practices, processes, procedures, and information materials.
• 5. Inclusion and diversity. LMG AC discussions are conducted with respect for diverse perspectives, voices, ideas, and information.
• 6. Attention to Land matters. The LMG AC’s structure reflects the importance of land-based activities and Land matters.
• 7. Adaptive approach. It is anticipated that the LMG AC, consistent with its purpose, will adapt its structure and activities, including through amendment of these Terms of Reference, in light of its experience and changes in the regulatory framework and/or other government initiatives.
• 8. Duplication to be avoided. The LMG AC seeks to identify and avoid duplication of efforts and to apply attention and resources to Land matters that, in the LMG AC’s view, are not being fully addressed through other processes. Where Land matters of interest are being addressed though other processes, or other Government initiatives, the LMG AC may be consulted and/or informed by these groups.
• 9. NEB Independence. The LMG AC will not discuss individual applications, enforcement actions or investigations before the NEB.

Structure and membership

• 10. LMG Advisory Committee (LMG AC). The LMG AC will appoint members to the AC and renew their terms as appropriate. Members may propose or nominate an organization or individual to be elected to the AC. The LMG AC will review all nominations and may make recommendations for membership to the LMG AC.
• The LMG AC is limited to twelve positions, each representing a unique organization or stakeholder group, pursuant to the following categories:
  • Landowners, landowner groups, and advocacy groups (4 – 5)
  • Government (including federal, provincial and territorial) (2 – 3)
  • Energy infrastructure industry (3)
  • Land professionals (2)
• Some organizations may choose to have more than one representative attend LMG AC meetings. It should be noted however that membership is given to the organization, and there is only one vote per organization’s membership.
• LMG AC member are appointed for staggered terms of two years with eligibility for re-appointment. Each member may appoint an alternate representative to participate on the LMG AC in the event that they are unavailable, to ensure effective and efficient meeting environments.
• 11. LMG Advisory Committee Chair. The LMG AC is chaired by an NEB staff and is also a voting member representing Government.
• 12. LMG Secretariat. NEB staff are assigned to plan, coordinate, and facilitate activities which include:
  • Ensuring the efficient and effective operations of the Committee meetings;
  • Identifying objectives, responsibilities, resource requirements, timelines and deliverables;
  • Reporting progress and results;
  • Maintaining the LMG webpage on the NEB external website and keeping LMG registrants informed ;
  • Maintaining registration information and related distribution lists; 
  • Preparing and sending out newsletter updates to the all LMG registrants; and
  • Managing Letters of Agreement
• 13. Records of Decisions. Records of Decisions will be prepared for all AC meetings.

LMG Advisory Committee meetings

• 14. Meetings. In-person LMG AC meetings are typically held 2-3 times a year at the NEB’s office. However, additional meetings can be called, as appropriate, including by way of teleconference.
• 15. Quorum. Unless modified by the LMG AC, quorum for LMG AC meetings requires attendance of at least 50% of the LMG AC membership, which must include a minimum number of representation from the various categories of membership to ensure a balanced quorum. More specifically, a minimum two members from the landowners and landowner groups, two members from energy infrastructure industry, one land professional and one member from the Government (including federal, provincial and territorial).
• 16. Transparency. To the extent appropriate, the LMG AC strives to ensure that its documents are made available to the public, including but not limited to the LMG AC’s Terms of Reference, approved Records of Decisions and the names and affiliations of all LMG AC members. The LMG AG members will also abide by the spirit of the Chatham House Rule which states that “Participants are free to use the information received, but neither the identity nor the affiliation of the speaker(s), nor that of any other participant, may be revealed.
• 17. Honorarium. Non-industry LMG AC members may be eligible for reimbursements for certain expenses related to participating in the LMG.
• 18. Official Languages. The LMG AC operates in both official languages. Members can participate in AC-related work in the official language of their choice. Written materials and correspondence prepared by the NEB will be available in both official languages and simultaneous translation will be provided at all meetings, as appropriate.

Committee Roles and Responsibilities

• 19. LMG AC Role and Responsibilities. AC members will:
  • a) Identify current or emerging Land matters on behalf of the LMG for consideration by the NEB;
  • b) Provide recommendations to the NEB on specific Land matters for action or resolution;
  • c) Strike sub-committees of the LMG to study and/or make recommendations to the LMG AC on a variety of Land matters, as required;
  • d) Represent the interests of the LMG membership;
  • e) Keep community or interest group members informed of the activities of the NEB and seek input from members of their group within a timely manner;
  • f) Provide input and advice on the need for and content of NEB communications and educational materials for landowners;
  • g) Engage in appropriate external communication with the public and media by describing the process accurately and in a manner acceptable to all members and;
  • h) Identify Land matters for consideration and work collaboratively with the NEB to prioritize the resolution of adopted Land matters issues.
• 20. Annual Work Plan. At least annually and by Q4, the LMG AC will identify the activities it intends to undertake in a work plan. The work plan will include accountabilities; a list of Land matters or initiatives it will undertake and proposed timeframes to achieve its targets. Depending on workload and prioritization, some activities outlined in the work plan may be carried over from one fiscal year to the next.
• 21. LMG Sub-committees (Sub-cs) LMG Sub-cs are formed on an ad hoc basis when an issue requires specialized knowledge or experience, and/or when it is beneficial to consult with a broader range of stakeholders to address an issue. The LMG AC selects members of Sub-cs from the LMG membership. Sub-cs are responsible for developing their own Terms of Reference, if needed, and work plans which are in turn approved by the AC. All Reports and Recommendations prepared by Sub-cs will be presented to and approved by the LMG AC before they are presented to the NEB for consideration.

Role of the NEB

• 22. NEB. The LMG AC uses its best efforts to ensure that recommendations provided to the NEB reflects a consensus among LMG AC members. After making best efforts to reach consensus, advice supported by a majority of members may be put forward on behalf of the LMG AC for consideration by the NEB, provided that:
  • a) The LMG AC members putting forward the advice first ensure that the advice has been provided to all LMG AC members in final written form; and
  • b) Any AC members who oppose the recommendation have had an opportunity to explain, in writing, why they cannot support the advice, in whole or in part. Such reasons shall be provided to the NEB for consideration along with the LMG AC’s advice.
• When the LMG AC provides advice to the NEB in writing, the NEB will consider the advice, and may either consult further with the LMG AC, or make its decision. The NEB may accept, modify or reject the advice, and will communicate its rationale, as appropriate. The NEB’s decisions are final and will not be subject to review or appeal.

Review, Amendment of Terms of reference (ToR)

• 23. Review. LMG AC reviews the effectiveness of this ToR, including the structure, on an annual basis.
• 24. Amendment. The CEO of the NEB may amend the ToR at any time. The CEO may call upon the LMG AC for advice when contemplating amendments to the ToR.
• 25. Termination. The CEO may give Notice of Termination within 30-days of consultation with the parties.

Annual Evaluation of the LMG AC

• 26. Evaluation. The NEB will initiate a review of whether LMG AC members have been engaged meaningfully and whether they were given opportunities to share their perspective and provide feedback and whether their goals have been met and will be conducted by the end of each fiscal year ending March 31.

Approvals