Land Matters Group Advisory Committee (LMAC AC) Meeting Summary Notes - Meeting - 17 June 2025

Virtual Meeting – 17 June 2025

Meeting Opening

• Participants welcomed and meeting opened by Marc Pauzé
• Territorial acknowledgement

Review and Approval of Meeting Agenda and Meeting Minutes

• Approval of the meeting agenda
• Approval of the February 2025 Meeting Minutes

Opening remarks from the CER

Introduction of New Representatives

Martin Caron (Union des producteurs agricoles du Québec)

Roundtable and Related Discussions

All participants introduced themselves and identified the organization they represent. There were no significant discussions during the roundtable.

Union des producteurs agricoles du Québec and Bio-Security Issues

Speakers: Martin Caron, Isabelle Bouffard, Union des producteurs agricoles du Québec

Overview:

Martin Caron began the presentation by giving an introduction of the UPA, its purpose and structure. Isabelle Bouffard continued by giving a presentation on bio-security issues.

The presentation included the following topics:

• Defining biosecurity
• The importance of biosecurity on farms
• Risks associated with contamination
• The transmission of pathogens
• Appropriate actions
• Certifications
• Invasive species

After the presentation a short discussion ensued.

Discussion Summary

• Construction Phase Considerations: The construction phase of a pipeline can cause significant surface disturbance and pose cross-contamination risks.
• Impact on Smaller Operators: Projects affecting smaller operators may face challenges as these operators might not be part of a larger network capable of handling the impacts effectively.
• Notification and Engagement: It was discussed that companies focus on notifying and engaging with potentially affected landowners to identify activities and risks, and to develop and apply appropriate mitigation measures.
• Operational Phase Considerations: UPA highlighted the need to consider the operational phase of pipelines. Landowners and farmers may not always be available to engage with pipeline companies, and there is a constant change in land ownership.
• Focus on Operations: An industry representative commented that they understand the complexities of the operational phase and emphasized the importance of developing and maintaining relationships with those living and working on the land. They also focus on ensuring workers are certified and trained, aiming to put landowners in a beneficial position.

Federation of Canadian Municipalities – Issues and Opportunities

Speaker: Mathieu Bélanger, FCM

Overview:

Mathieu Bélanger gave a presentation that summarizes its mandate, priorities, and its engagement with the CER.

Municipalities prioritize several factors regarding interprovincial infrastructure:

• Impacts to Local Governments: Consider how infrastructure projects affect local governments.
• Protection of Local Economy, Community, and Environment: Safeguard the local economy, community, and environment.
• Local Representation and Knowledge: Ensure local representation and leverage local expertise, which is crucial for assessing major projects effectively.
• Upholding UNDRIP: Adhere to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
• Local Risks and Support for Municipal First Responders: Address local risks and provide support to municipal first responders.
• Maintenance of Local Right of Way: Municipalities need to conserve the ability to conduct municipal operations/routine maintenance.
• Preventing Cost Downloading: Avoid transferring costs to local governments and landowners.
• Liability Considerations: Address liability issues.
• Adaptability to Climate Change – Net Zero: Ensure infrastructure is adaptable to climate change risks.
• Task Forces: National Municipal Energy Infrastructure Task Force (2016), and Western Economic Solutions Task Force (WEST) (2019), which recommended establishing national utility corridors.
• Bill C-5^{Footnote 1} :  FCM is evaluating Bill C-5 concerning its impact on municipalities.

Discussion Summary

After the presentation the following topics were discussed:

• Common corridors: Participants appreciated the points on common corridors and raised that these are sometimes a challenge because there are multiple stakeholders who access them and not all of them have the same needs and interests.
• Interprovincial trade barriers: Participants stated the impact of interprovincial trade barriers and raised this comment in the context of the current political climate. FCM  supports the principle of breaking down these barriers and confirms that many of its members share the same objectives. British-Columbia and Alberta are aligned and active on this priority.
• Railway crossings: Participants raised the concern that municipalities frequently are required to absorb the costs associated with railway crossings. FCM confirms that there has been discussion about this at the FCM and that more productive discussions are anticipated.

Dispute Resolution Presentations

Speakers:

• Dymphny Dronyk, Sam Sele, and Lisa Zaplachinski, CER
• Sandra Dixon, Enbridge

Overview:

The current topic is a collaborative presentation and discussion between CER staff and LMAC member representatives. The CER and Enbridge each began by giving a presentation about dispute resolution practices within their respective organizations, which was followed by a joint discussion.

• The CER emphasized the importance of education and communication in describing the impartiality of their mediators' work. They highlighted that the ADR (Alternative Dispute Resolution) process is unbiased and that it is possible to appoint an outside mediator if needed. The CER also mentioned that they do not charge for their services and companies often pay for reasonable legal fees incurred by landowners in good faith.
• Enbridge focused on the importance of building and maintaining trust, as well as transparency and communication, especially during ongoing projects. They discussed the need for training employees to understand and follow procedures and guidelines, and recommended providing higher-level contact for employees who do not comply. Enbridge also emphasized the significance of considering environmental impacts and the need for a stronger connection to small rural landowners, ensuring that environmental values are considered from the start.

Joint Discussion

• Compensation Matters: There was a question about sharing guidance or data with landowners regarding compensation. It was highlighted that while the CER’s RegDocs system contains compensation application filings, there is no requirement to report compensation agreements. Consequently, data is not being systematically collected or extracted. The CER added that there have been no decisions or directions from the commission to track this data.
• Impartiality of ADR: An inquiry about communicating the unbiased nature of ADR services to landowners. The CER emphasized the importance of education and communication in describing the impartiality of CER mediators' work.
  • Recommendation to assess informational materials to ensure this fact is mentioned
• Training for Employees: A question was asked to Enbridge regarding protocols for employees who fail to follow the procedures. Enbridge stated that in such circumstances, a follow-up with someone at a higher level would be provided as the next step.
• Building Trust and Transparency: The importance of building and maintaining trust is crucial, as well as transparency and communication, especially during ongoing projects.
• ADR Process and Costs: If ADR does not work, what are the next steps? The CER explained that the decision would move to one of the CER Commissioners, ensuring continuity during their tenure. When asked about who covers costs, the CER explained that the CER Act specifies some bounds for costs, but the decision is made at the end of the process. It was noted that the Commission does not charge for their service, and in the past, the CER has seen companies pay for reasonable legal fees in good faith.
• Environmental Impacts: A discussion on the environmental impacts of big projects and the need for a stronger connection to small rural landowners followed. It was emphasized that environmental values should be considered from the start, not just monetary payments. Enbridge noted that environmental work takes place before any physical work, and concerns are identified upfront.

Meeting Recap

Speakers: Véronique Duhamel, Marc Pauzé

• Action Plan: A new version of the Action Plan has been drafted and will be posted to CER Dialogue by 15 July 2025.
• Feedback Mechanism: A feedback mechanism is underway. Members are encouraged to fill out the survey as better responses are needed.
• LMG News: The LMG is transitioning to an ad hoc schedule.
• Action items:
  • It is recommended that CER staff review existing informational materials to ensure that there is adequate reference to the unbiased nature of ADR.

Next Meeting

The next meeting will be held virtually on 29 October 2025.

Adjournment

Marc Pauzé closed the meeting at 1:00 p.m. (MT).

Date modified:

2025-12-11