Land Matters Group Advisory Committee (LMAC AC) Meeting Minutes - Virtual Meeting - 15 November 2024

Virtual Meeting
15 November 2024

In Attendance:

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 April 2024 Meeting Minutes

Opening remarks from the CER

Introduction of New Representatives

• Maria Alkayed (Canadian Federation of Agriculture)
• Ralph Beauvoir (Natural Resources Canada)
• Mathieu Bélanger (Federation of Canadian Municipalities)
• Jay Brown (Cenovus Energy, Group 2 Company)
• Sandra Dixon (Enbridge Inc., Group 1 Company)

Roundtable and Related Discussions

Pipeline Dashboard & Information Sharing: There was discussion about sharing the International Power Lines (IPL) dashboard and the link to the list of Pipeline companies regulated by the CER for better access to relevant data.

• Recommendation to consider expanding the educational efforts about pipelines to include realtors and legal representatives involved in land transactions.
  • The concern is that new landowners are often unaware of the presence and implications of pipelines on the land they are purchasing. It was suggested that companies or the CER should find ways to engage with new landowners early in the process to ensure that this important information is shared, and expectations are clearly set.

Review of Onshore Pipeline Regulations (OPR) and Filing Manuals – Update and Discussion about Damage Prevention

Speakers:

• Project Update: Amber Butterworth & Erin Tabah
• Damage Prevention Workshop: Shannon Neufeld, Technical Leader, Damage Prevention & Marie-Ève Latour, Regulatory Compliance Officer

Overview:

The Onshore Pipeline Regulations (OPR) and the Filing Manuals (FM) are documents that provide guidance on the regulations and filing requirements for companies operating pipelines under federal regulations. The review is a multi-year project focused on continual improvement.

Review Objectives:

• Ensure high levels of safety, security, and environmental protection.
• Support Reconciliation with Indigenous Peoples.
• Improve clarity and transparency of regulatory requirements for companies and the public.
• Encourage innovation in the energy sector.
• Ensure predictable, timely, and inclusive oversight of energy projects.

Additional Opportunities for Engagement

In addition to this damage prevention workshop, another 12 workshop topics are listed on the CER Dialogue project page dedicated to the OPR and Filing Manual review. Stakeholders interested in these topics are encouraged to contact CER staff to arrange a session.

Extension of Feedback Period

The CER has extended the feedback period for the review of the OPR and related sections of the Filing Manuals to March 31, 2025.

Topic Paper A: OPR- Damage Prevention

The proposed depth of cover modification to the OPR is intended to help ensure that companies:

• are clear about what a surveillance and monitoring program should contain and aim to accomplish with respect to depth of cover; and
• can make a clear connection between the Damage Prevention Regulations and the OPR around agricultural safety, as agricultural activities do not require company consent (within an allowable threshold).

The following questions were put forward:

1. Are there industry best practices, standards or provincial requirements that could inform new OPR requirements regarding depth of cover monitoring or maintenance/minimum earth cover?
2. What are the benefits and implications (e.g., costs) that regulated companies anticipate from incorporating requirements for depth of cover monitoring into the OPR?
3. What are the benefits and implications (e.g., costs) that regulated companies anticipate from incorporating requirements for minimum depth of cover into the OPR?
4. For regulated companies, would adding a depth of cover monitoring or maintenance/minimum earth cover requirement in the OPR align with current business practices, or substantially change corporate operations?
5. How can the OPR improve the connection between the company surveillance and monitoring program and the DPR-O requirements and overarching Damage Prevention Program to ensure that depth of cover is adequately managed by pipeline companies?
6. How can the OPR improve the connection between the definition of ground disturbance (including cultivation) in the CER Act and the overarching Damage Prevention Program to ensure that depth of cover is adequately managed by pipeline companies?
7. How should the CER be more explicit about requirements for depth of cover monitoring or maintenance? Explain why.

Discussion Summary

• Roles and Responsibilities Regarding Damage Prevention
  There was interest in improving communication about responsibilities of companies and landowners, particularly regarding safety around pipelines. The LMAC is encouraged to think of new tools, materials, and guides to help people understand how to safely live and work near pipelines (e.g., storing materials or excavating near pipelines).
• Information Availability
  It was noted that information on pipeline safety is available on the CER website and from the CER library, where publications can be ordered.
• Landowner Communication
  A concern was raised about landowners, particularly private woodlot owners, not having enough information to understand the process when negotiating access rights. This lack of information may hinder their ability to make informed decisions.
• Practical Challenges for Landowners
  Concerns were raised about the practical challenges faced by landowners, such as delays with OneCall services, which affect farming operations like pounding posts. The need for more efficient processes was emphasized.
• Monitoring and Best Practices
  Some members of the group expressed support for monitoring practices, especially regarding the Depth of Cover, and emphasized the importance of companies being aware of industry best practices, not only minimum standards.
• Damage Prevention Regulations
  There was a discussion about tying Damage Prevention Regulations to the Onshore Pipeline regulations (OPR), as the OPR is widely used and more enforceable.
• Depth of Cover & Regulatory Feedback
  The group agreed that enforceable regulations on the depth of cover for pipelines are crucial, as existing standards (CSA Z662) are not current practices.
• Effective Feedback on Regulations
  The group noted that when commenting on the depth of cover regulations in the OPR, the volume and nature of feedback would influence the outcome. More comments against the proposed amendment would give those concerns more weight.
• Regulatory Requirements
  Discussion focused on the need for clearer regulatory requirements, especially around pipeline depth and safety. It was highlighted that while current standards (CSA Z662) exist, they are not prescriptive or comprehensive enough regarding infrastructure safety and hazard management. To impact regulation change, it would be more effective to provide feedback on the OPR, given the difficulties in trying to change CSA Z662.

There were some comments on enforcement related to damage prevention requirements. One participant suggested that in a future meeting, the CER could provide a walkthrough of what actions it can take when individuals are knowingly violating damage prevention rules, such as digging without proper authorization. There was also a suggestion to include information about the consequences of such violations in the online resources provided by the CER, if not already included.

Rules of Practice and Procedure (Part 2)

Speakers: Rumu Sen (Project Manager), Carol Gagné (Legal Counsel)

This presentation was a follow-up to the one that was held in January during the in-person meeting – see the January Meeting Minutes.

Overview:

The National Energy Board Rules of Practice and Procedure, 1995 (the Rules) govern the procedures to be followed during written or oral hearings of the Commission of the CER, previously the National Energy Board. We needed to do a comprehensive update to the Rules to align with the CER Act, which came into force in 2019. This update will reflect the CER’s new governance structure, and formalize its practices, processes, and terminology, all of which have evolved since the Rules were first in effect.

The speakers summarized the feedback they gathered from the meeting in January 2024, about the following topics:

• Filing and Service, Personal Service and Public Inspection
• Rights of Entry to Land
• Plan, Profile and Book of Reference

For this update, the discussion focused on specific practices, procedures, and processes that can be improved in the Rules and supporting guidance. Guidance is information (e.g., practice notes, documents, letters) which accompanies legislation or regulations, and it is intended to provide clarity and guide the actions of those who must follow our requirements and processes.

The deadline for written submissions has been extended to 31st January 2025.

We welcome you to provide topics of interest that may not be explicitly mentioned in the Discussion Paper. We are currently in the early stages of regulatory development, and we anticipate that this engagement will also help us identify additional areas of improvement. It is important for us to hear from you given that engagement is intended to inform potential development of guidance as well to the regulations.

The speakers gave an overview of the next steps, but stated that timelines may change, pending the election.

The speakers then went through the following topics of interest to the LMG and posed guiding questions to the group. The topics of interest are:

• Filing and Service (including personal service)
• Publication of Notices
• Detailed Route Hearing - Process for Fixing Costs
• Right of Entry to Lands
• Compensation and Cost Apportionment Hearings

The speakers shared the contact information and the resources needed to provide feedback: Rules of Practice and Procedure | CER Dialogue- Canada.ca

Discussion

Filing and Service:

• Most farmers and landowners are likely to prefer electronic options, so while paper notices remain the standard, it should be accompanied by strong communication encouraging electronic opt-ins.

Publication Notices:

• A multi-prong approach to notification is recommended, as not all rural areas have access to stores, post offices, or newspapers, and reliable internet may also be unavailable and/or unreliable in some regions.

Detailed Route Hearing - Process for Fixing Costs:

• Local service districts should be utilized to reach landowners, as these districts handle property taxation and are better positioned to communicate with landowners.

Right of Entry to Lands:

• For landowners, proactive communication is necessary, as they often only receive notices afterthe-fact.
• Prescriptive timelines should be established for industry, landowners, and the CER to aid in planning and ensure timely action.

Compensation and Cost Apportionment Hearings:

• There is a question of whether compensation processes with the CER will mirror provincial rules (e.g., Alberta), and the need for a timely process (currently 6-8 months in Alberta) is emphasized.
• A lack of preparedness among landowners can lead to tension and divisiveness, particularly when compensation expectations are unclear or unrealistic.
• It is suggested that a compensation guidance tool with a range of expectations be provided to help landowners, especially smaller or rural ones, understand what is fair and reasonable.
• The idea of a service specific to federally regulated compensation and cost apportionment hearings is proposed to support landowners in negotiations. A model from the BC surface rights board, which allows for an MoU to share information, could serve as an example.

Terms of Reference, 2024-2027 Roadmap, & 2024-2025 Action Plan

Speakers: Carole Léger-Kubeczek, LMG Coordinator, & Nadia Prévost-Lowry, Socio-Economic Analyst – Engagement

LMAC Terms of Reference

Overview:

The terms of reference consist of a set of guidelines that regulate how the Advisory Committee, the Secretariat, the Project Working Group, and the CER will work collaboratively towards a common goal.

Committee Structure:

• Members represent their respective stakeholder groups.
• The advisory committee operates with openness and transparency.

Scope and Limitations:

• The advisory committee does not make decisions, nor does it engage in operational matters or provide advice on Commission decisions, orders, recommendations, or other adjudicative functions.
• It also avoids discussions on specific matters currently under consideration by the Commission.

Definitions:

It is proposed that from this point on, we use the following naming convention:

Guiding Principles:

• The following management system principles will be applied as we implement the three-year roadmap and the annual action plans: to plan, do, check and adjust.

Composition of the Advisory Committee:

• The ratios will remain to allow for flexibility in terms of where we could increase the levels of representation. Presently, we stand at 13 entities, which leaves two open seats that we could fill, as necessary. Some organizations may have more than one representative, they still only have one vote.

Governance and Administration:

• The advisory committee is chaired by a member of the CER leadership team.

Roles and Responsibilities:

1. Secretariat:
   • Plan the efficient functioning of all activities related to the LMG (the broader membership) and the LMAC, including the coordination of meetings, the implementation of the three-year roadmap and annual action plans, as well as the oversight of tracking reports
2. LMAC members:
   • Identify and prioritize land matters and work collaboratively with the CER to devise actions to address these matters.
   • Contribute to or lead project initiatives so that consideration of the issues will reflect the views of a wider range of stakeholders.
3. LM PWG:
   • The PWG consists of subject matter experts with lands experience who support the CER’s land matter initiatives.
4. The CER maintains and operates the LMAC and considers advice put forward by its members to help address land matters in the delivery of its regulatory mandate.

Evaluation:

• Following each meeting, the LMAC Secretariat will conduct a survey to evaluate the meaningfulness of the engagement.
• The surveys posted on CER Dialogue will be conducted following each meeting.

2024-2027 Roadmap

Overview:

The roadmap contains the following overarching streams:  

1. Internal Management and Operations,  
2. Strategic Planning and Education,  
3. Information & Communications,
4. Renewed focus on damage prevention, and  
5. Carryover Items from the 2020-2021 Work Plan

Participants highlighted the need for greater accessibility to materials dedicated to landowners. This priority has been reflected in deliverable 3.2 Land Matters Booklet.

The group also recommended that we develop information or education on how Indigenous land matters could impact the land interests of other stakeholder groups. This aspect is reflected in: 

• 2.3 Outreach and Recruitment 
• 2.4 Indigenous Matters 
• 3.5 Landowner and Indigenous Interests in Lands 

Item 3.6 was added for pre-planning purposes, though this project is scheduled for the 2025-2026 fiscal. 

• Damage Prevention Resources 
• Develop enhanced resources and guidance to further support industry and landowners communicate around safe use of lands around pipelines.

2024-25 Annual Action Plan

Overview:

The action plan aligns with the roadmap, maintaining a strong focus on education at various levels and perspectives.

Management and Operations:

Work is underway to ensure continuity within the Secretariat, including proper documentation for onboarding new members, as well as clarifying roles and responsibilities within the advisory committee.

Landowner Education:

There is a commitment to provide accessible information to landowners and those interacting with them, notably through the Land Matters Booklet, which will be presented during the February meeting. The LMAC's involvement will enhance the effectiveness of this information.

Strategic Planning:

• A more strategic approach is being adopted to evaluate progress and identify areas for improvement. This includes:
  • Sharing progress reports with the LMAC at the end of each meeting.
  • Gathering feedback through a 4-question survey after each meeting.
  • Conducting a broader survey with LMG membership via the LMG News/Actualités du GQF.
  • Reviewing operations at the end of the fiscal year to prepare for the next annual plan.

Indigenous Matters:

• Indigenous issues were frequently raised during the outreach and recruitment period, and the team will provide updates on the CER’s initiatives in this area.

Damage Prevention:

• Damage prevention has been added as a priority, reflecting its importance in the current work plan.

Carryover Items from Previous Action Plan:

• Early engagement remains a priority, addressed in both the Land Matters Guide (online publication) on the CER website and in the upcoming Land Matters Booklet (printed publication).
• By 31 March 2024, an information sheet covering Damage to Property and Access to Lands was published on the CER website and in the LMG News (Spring edition).
• A presentation on Abandonment and Decommissioning was delivered during the January inperson meeting, and an article on this topic was published in the October issue of the LMG News.

Discussion

• The roadmap extends until 2027, but actions currently listed are all set to conclude in 2026. It was noted that the time buffer will be used to address emerging issues, as well as carry-over items.
• Regarding the Land Matters Booklet, it was indicated that while it shows 90% progress, there is still a need for some internal work.
  • The booklet will be shared at the February in-person meeting, which is when input from the LMAC will be sought, and a final document will subsequently be made available.
• With reference to section 3.2, a comment was made that given the high priority of “damage prevention” this term should be clearly defined along with “land matters”.
• The action plan received positive feedback from one participant.

Actions

1. Finalize the Roadmap and post on CER website/LMG for ease of access by the public.
2. Post the final version to CER Dialogue/LMG for ease of reference by the members.

Meeting Recap and Closure

Véronique Duhamel provided the following closing remarks:

• There was a reminder about the ongoing review of the Onshore Pipeline Regulations (OPR) and Filing Manuals (FM), as well as the related dates.
• The Land Matters Booklet is expected to be presented in February.
• The group has requested clearer expectations and greater involvement, with the hope that these objectives are being met.
• The in-person meeting will be held in Calgary on February 11-12, and participants are encouraged to suggest agenda items via email or CER Dialogue.
• The same approach applies for the LMG News: suggestions for content are welcome and should be sent in.
• A survey will be distributed after the meeting to gather feedback.
• Additionally, there is an offer for a CER 101 presentation for those interested.

Next Meeting

The next meeting will be in person held on the 11-12 February 2025 from 9:00am – 4:30 pm (Mountain Time).

Next Adjourned

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

Date modified:

2025-05-28