Land Matters Group

The best way to stay in touch with LMG updates, events and activities is to subscribe to LMG News – an email newsletter to all registered members.

The Canada Energy Regulator (CER) is committed to engaging Canadians on land matters. To that end, the Land Matters Group (LMG) was established in 2011 to bring together people who have similar needs and interests.

The LMG operates as a two-way conduit of information between the CER and LMG members by providing participants with opportunities to share insight and advice on the protection of landowner rights and interests, with the ultimate goal of achieving regulatory excellence. By sharing information and real–life experience, LMG members can build awareness and develop relationships across a diverse network.

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LMG News – a quarterly newsletter about land matters

August 2023

LMG News – August 2023

• Update from the Editor’s Corner – A Path for Landowners and Municipalities
• Cost Apportionment – It Matters
• Access to Lands – Not one size fits all
• Role of a Land Agent – It’s all About Building Relationships
• Final Investigation Report on the 2021 Minell Pipeline Incident

February 2023

LMG News – February 2023

• Update from the Editor's Corner
• What’s new at the CER
  • A new face at the helm of the Commission
• The importance of relationships
• Property damages, nuisance and other inconveniences
• The land matters advisory service
• Additional provisions in land acquisition agreements
• Coming to an understanding from different perspectives
• BERDI – access to environmental and socio-economic information
• Damage prevention – safety takes no breaks

September 2022

LMG News – September 2022

• The LMG in a nutshell
• Update from the Editor’s Corner
• In the News!
• Did you know…
  • Canada’s Pipeline System – who regulates what?
  • Residential Electricity Bills
• LMG Spotlight – Josh Vass
• Property damage – a matter of concern for many
• Keeping pipelines safe – operating or not

June 2022

LMG News – June 2022

• The LMG in a nutshell
• Update from the Editor’s Corner
• In the News!
• Did you know… Process Advisors can help you
• LMG Spotlight – Graeme Wright
• Emergency Response to BC Floods
• A Pipeline’s Detailed Route and You
• The Detailed Route Process – The Value of Being Heard
• Clubroot Management
• How Deep is that Pipeline?

March 2022

LMG News – March 2022

• The LMG in a nutshell
• Update from the Editor’s Corner
• Other topic of Interest
• Did you know... LMAS
• LMG AC Member Profile – Isabelle Bouffard
• Natural Disasters: Considerations When you Have a Pipeline on Your Land
• Onshore Pipeline Regulations Review
• Stepping Up Participation

November 2021

LMG News – November 2021

• The LMG in a nutshell
• Update from the Editor’s Corner
• CER makes Reconciliation a priority
• Indigenous Monitors, an essential resource at the CER
• Sites of Indigenous Significance
• Chance Finds

August 2021

LMG News – August 2021

• LMG in Brief
• Update from the Land Matters Group Advisory Committee
• Right-of-Entre – What You Need to Know
• Land related Compensation Disputes
• How to Deal with Damages to Lands or Property
• The Safety Behind the Prescribed Area

April 2021

LMG News – April 2021

• The LMG in a Nutshell
• LMG Advisory Committee Members Hold Virtual Workshops
• Contaminated Sites Disclosure and Meaningful Engagement with Landowners
• We are Changing the Way we Communicate Information on the CER Regulatory Framework
• Public Comment Period on the Revised CER Filing Manual, Guides B (Abandonment) and K (Decommissioning)
• April is Dig Safe Month and we all Have a Role to Play
• CER Field Inspections Supported by External Experts and Indigenous Monitors

January 2021

LMG News – January 2021

• How to Submit a Complaint and What is the Resolution Process?
• Let’s Hear it From the LMG Advisory Committee: Frank Annau and Alisha Bhura
• CER Website Renewal

May 2020

LMG News – May 2020

• International and Interprovincial Power Line Damage Prevention Regulations
• Amending Regulations

Advisory Committee

LMG Advisory Committee (LMG AC) is composed of a balanced representation of the broader LMG membership and functions according to the adopted LMG AC Terms of Reference.

The LMG AC has determined that the following issues should be prioritized:

• Access to lands
• Damages to property
• Early engagement

LMG Sub-Committees (LMG Sub-C) are composed of individuals selected from the LMG AC or from the broader LMG membership to collaborate with a project working group on the review of a specific issue followed by the production of a final document or report.

Issue Update : Access to Lands

• Reference document: 2020-2021 Work Plan Workshops – Summary Notes

This past February, the Land Matters Group Advisory Committee took part in a workshop about access to lands, which is one of the three priority issues listed in the LMG Work Plan. The other two issues are damage to property and early engagement.

The Canada Energy Regulator has clear expectations that pipeline or power line companies under its regulation will engage with landowners and have agreements in place prior to gaining access to private lands. Detailed information about Land Agreements is available on the CER website under the Land Matters Guide.

“Access to lands” is a broad designation that can carry more than one perspective, depending on the timing and reasons why the access may be needed by a federally regulated pipeline or power line company. Stipulations regarding access are typically set out in land rights agreements, project orders or regulations such as the obligations of pipeline companies as set out in the damage prevention regulations.

Early Engagement – Project Routing or Siting Phase

Access to lands may be needed by the company to determine a project’s feasibility and to assess the following: the risk factor of potential impacts, the mitigation requirements / methods, and the need to establish measures to ensure regulatory compliance. As part of this phase, the company also determines the initial amount and location of temporary workspace that will be needed for the project.

Successful early engagement leads to relationship building between a company’s land agent and a landowner.

Project Construction and Operation Phases

Prior to construction, the company finalizes the location of the right-of-way: the strip or area of land that a company is required to obtain the rights to construct and operate a pipeline or power line. The company will also confirm the location and amount of temporary space needed to support project construction. During the operation phase of the facility, the company may need additional lands outside of the right-of-way to support facility maintenance activities.

The terms granting access to private lands during the project construction and operations phases must be negotiated by all parties to ensure a clear understanding of everyone’s own expectations and obligations. If the company does not already have existing land rights needed for its construction and operations activities, it will negotiate with the landowner for those rights in advance of the use of these lands.

Right of Entry

A right-of-entry order can be granted by the Commission if a company has demonstrated that it was unable to reach a land acquisition agreement to gain access to the required lands. More details on the right-of-entry process can be found on the CER’s website. The Commission takes its responsibility very seriously and only carries out such actions after considerable deliberations.

Right-of-entry disputes can be resolved by the parties negotiating amongst themselves or engaging in a CER-led alternative dispute resolution (ADR) process. ADR is a confidential process where parties can work together to resolve the access dispute, as well as related issues, such as pre-existing concerns.

Access to private lands for Compliance Verification Activities (Inspections)

CER inspection officers may require access to lands on and alongside the right-of-way of CER-regulated facilities, as well as elsewhere on a landowner’s property to conduct its field inspections and verify compliance responsibilities and activities.

Inspection officers have the broad authority through the CER Act to enter lands for the purposes of ensuring safety and security, including the protection of property and the environment. The CER Act permits inspection officers to be accompanied by any other person that they believe is necessary to help them perform their duties and functions.

To the extent possible, CER Inspection officers will endeavour to ensure that there is adequate notification to all landowners prior to entering private property.

Emergency Response and Incident Investigation

Access to the whole of the lands is typically for the purposes of responding to and addressing an emergency, such as a spill or release. Full and complete access may also be needed to conduct post-incident investigation activities. Landowners will be notified and kept informed through onsite representatives responsible for leading the response and investigation for such an emergency.

The provisions surrounding situations of this nature are typically described in the land acquisition agreement. Contact the company for more details on the specific access rights contained within easement agreements or other forms of access agreements.

For more information about the discussion that took place during the “Access to Lands” workshop, go to the 21 February 2023 meeting summary. Additional reference document: 2020-2021 Work Plan Workshops – Summary Notes.

Complementary information about the Advisory Committee:

• Terms of Reference
• Advisory Committee Members
• Advisory Committee Work Plan
• 2020-2021 Work Plan Workshops – Summary Notes
• Land Matters Group Advisory Committee 2020–2023 meeting summaries
  • 27 June 2023 Meeting Summary
• Land Matters Group Advisory Committee archived meeting summaries

General Inquiries

Land Matters Group Project Manager (bilingual service)
Canada Energy Regulator
Email: lmg-gqf@cer-rec.gc.ca
Telephone:403-850-8867
Telephone (toll free): 1-800-899-1265
Facsimile: 403-292-5503
Facsimile (toll free): 1-877-288-8803