Land Matters Advisory Committee (LMAC AC)

Meeting Minutes
10 June 2026

LMAC Chair: Katherine Barbiaz, Vice President, Communications and Engagement, Canada Energy Regulator (CER)

Participants:

Darcy Allen, Alberta Farmers Advocate Office
Isabelle Bouffard, Union des producteurs agricoles du Québec (UPA)
Eric Berg, Alberta Energy Regulator (AER)
Jay Brown, Cenovus Energy
Brian Crews, Ontario Federation of Agriculture
Marc Descôteaux, Énergir
Sarah McKenzie, Enbridge Inc.
Lynn Jacobson, Canadian Federation of Agriculture
Ron Smith, New Brunswick Federation of Woodlot Owners
Keith Turner, International Right of Way Association
Josh Vass, International Right of Way Association
Jenna Wood, TC Energy Corporation
Graeme Wright, TC Energy Corporation

Land Matters Project Working Group:

Suzanne Brown, CER Director, Public Participation
Amber Butterworth, Socio-Economic Analyst, Engagement
Anna DeCarlo, Technical Leader, Audit, Enforcement & Investigation
Dymphny Dronyk, Socio-Economic Analyst, Public Participation
Véronique Duhamel, Director of Engagement
Anne-Marie Erickson, Technical Leader, Public Participation
Carole Léger-Kubeczek, Socio-Economic Analyst, LMAC Coordinator

Guests:

Justin Nesbitt, BCER, Engineer, Integrity
Marnie Sparling, CER, Group Leader, Damage Prevention
Shannon Vollema, CER, Technical Leader, Operations Planning

Absent:

Martin Caron, Union des producteurs agricoles du Québec
Riley Côté-DeMerchant, New Brunswick Federation of Woodlot Owners
Crystal Greenlay, Manitoba Hydro
Sarah McKenzie, Enbridge Inc.
Shannon Neufeld, CER, Technical Leader, Damage Prevention
Lisa Zaplachinski, CER, Socio-economic Analyst

1. Opening Roundtable and Administrative Matters

Katherine Barbiaz, Chair of the Land Matters Advisory Committee (LMAC), opened the meeting and welcomed members, noting that this was her first opportunity to chair the LMAC. In her opening remarks, Katherine informed the members that because of the government of Canada announcement of May 8, 2026, about streamlining regulatory processes and reducing decision-making timelines for major projects, there was a decision to delay the publication of the Land Matters Booklet temporarily.

Decisions:

  • Adoption of the February meeting minutes.
  • Meeting agenda approved.

Roundtable - Announcements:

  • Stan Vander Wall will be speaking on behalf of the Canadian Federation of Agriculture;
  • Maria Reschke can no longer attend because BC Farmers Information ceased its operations at the end of March 2026.
  • Anna DeCarlo will be joining the Land Matters Project Working Group to support the damage prevention and enforcement initiative.

2. British Columbia Energy Regulator (BCER): Pipeline Damage Prevention (Justin Nesbitt)

This item was included on the agenda at the request of members of the LMAC who asked to learn more about regulators beyond the CER and AER.

The presentation explains BCER’s role in pipeline damage prevention, including its mandate, rules, and safety requirements. A key message is the importance of preventing accidental damage to pipelines—one of the main causes of incidents—through early hazard identification, following regulations, and respecting required distances and permits for ground disturbances.

It also outlines the responsibilities of operators and workers, what to do if there is contact with a pipeline or unauthorized activity, and the consequences of not complying with the rules. BCER’s approach to enforcement emphasizes both prevention and accountability, using tools like inspections, intervention powers, and penalties to encourage safe practices and protect public safety, the environment, and infrastructure.

The discussion focused on rules around prescribed areas, easement agreements, and enforcement. It clarified that private agreements could replace the standard 30 metre prescribed area in some cases. For agriculture, cultivation depth is limited to 45 cm, and using heavy machinery to cross pipelines requires permission from the permit holder, since regulations do not specifically define all agricultural activities.

Members also talked about incidents, repeat violations, and the need for public education. Pipeline operators are expected to include outreach in their damage prevention programs. There were questions about who is responsible for violations and how often agriculture is involved. Industry noted ongoing challenges with repeat offences and asked about dispute resolution. In response, BCER explained that it uses a step-by-step enforcement approach, starting with warnings and escalating penalties if issues continue, and also addressed questions about serious negligence.

3. CER – Damage Prevention, Compliance and Enforcement (Shannon Vollema, Marnie Sparling and Anna DeCarlo)

The presenters described damage prevention as a shared responsibility among pipeline companies, the public, which is also inclusive of landowners and municipalities, and the CER. Regulated companies are expected to manage risk proactively, educate the public, and inspect activities near pipelines. Individuals planning activities near pipelines are responsible for confirming pipeline locations and obtaining required authorizations. The CER’s role includes promoting compliance through outreach, guidance, verification activities, and enforcement where necessary. The process for handling contraventions reported by pipeline companies was also explained, with each report reviewed to determine whether action is required and if so, what approach is most likely to succeed.

During the discussion, the members asked about crossing weights, the public availability of unauthorized activity data, and jurisdiction over third parties working near pipelines. It was clarified that the CER does not manage crossing weights directly and that companies are expected to authorize and monitor such activities. Some compliance information is publicly available online, including audit reports, warnings, field inspections, and event counts, although not all results are posted. A case study was shared, and the members requested that the relevant links be circulated. It was also noted that the Canada Energy Regulator Act gives the CER jurisdiction on anyone working within the prescribed area for safety purposes. The members emphasized the importance of proactive education and relationship-building with landowners, including farm visits and direct engagement.

4. Best Practices for Land Agents (Anne-Marie Erickson & Sub-committee)

This brochure outlines best practices centered on maintaining up-to-date knowledge, complying with legislation, and pursuing ongoing ethics training, while emphasizing honesty, integrity, respect for property and personal information, and avoidance of coercion or misrepresentation.

Now that a near final draft has been presented, the members discussed the next steps for this project. It was suggested that the document should further clarify the description of the role of land agents by stating that energy companies typically use land agents. It was also recommended to add a documentation standard requiring that land agents record commitments made to landowners and ensure those commitments are communicated to the appropriate company representatives.

Discussion also focused on ethics training requirements. A suggestion to revisit the proposed requirement for a recognized ethics course every two years, either by extending the period to five years or by replacing it with broader continuing professional development language that includes ethics as one component. It was noted that the brochure will be posted to CER Dialogue and the website in a format suitable for printing.

5. Filing Manual Update

The Filing Manual Review shows ongoing progress, incorporating feedback from different stakeholder groups, including the LMAC, as well as other groups such as Indigenous communities and industry. A third phase of engagement is planned for fall 2026, with further opportunities for participation. This update primarily focuses on enhancements to the lands section, providing clearer and more comprehensive guidance.

Key revisions to the lands section include expanded descriptions of landowners and users, as well as new requirements for landowner notification and engagement. Additional updates introduce information on alternative dispute resolution services, compensation, and more detailed explanations of land rights (including permanent, temporary, and utility crossings). The manual also clarifies processes related to land acquisition, agreements, and Section 322 notices. To comply with the section 322 requirement, a company must give notice to affected landowners once it has identified lands that may be required for a pipeline project. The notice must describe the lands required, the compensation being offered and how it was determined, the pipeline route approval process, and the procedures available if the company and landowner cannot reach agreement on compensation. Separately, the routing and site selection information has been reorganized into its own section, now integrated with environmental and socio-economic assessment considerations.

6.a. Terms of Reference

The members agreed that the term “Land Matters Group” no longer reflects the current nature and level of engagement of Canadians interested in land-related issues. Moving forward, it would be more appropriate to discontinue the use of the term “Land Matters Group” and instead adopt “Land Matters Advisory Committee” to describe the body of stakeholder representatives. This change will require updating the Terms of Reference to reflect this change, and the same will apply to the CER website and the project page on CER Dialogue.

6.b. Financial Support: Landowner and Not-for-profit Organizations

The LMAC has evolved into a mature forum that depends on substantive dialogue and specialized expertise. To maintain full participation, particularly from not-for-profit organizations whose contributions can be significant, the eligibility guidelines for compensation should be broadened. Expanding eligibility will enhance diversity of perspectives, strengthen stakeholder engagement, and ensure that land-related recommendations reflect the interests of a wider range of affected stakeholder groups. The new guidelines will exclude organizations or individuals whose mandates or primary sources of funding create a conflict of interest with the CER’s responsibilities. A perceived conflict of interest would arise when a member has or is perceived to have a financial stake in CER-regulated activities that could influence LMAC recommendations for personal or organizational benefit.

7. 2026-2027 Action Plan

The group reviewed the 2026–2027 Action Plan, including standing items, topics currently on hold, and priorities for future work. A request from UPA regarding CSA Z662 was noted for integration into a future meeting agenda. CSA Z662 is the principal Canadian pipeline safety standard that provides requirements and guidance to support safe and compatible land use near pipelines, including considerations related to public safety, damage prevention, pipeline integrity, crossings, excavation activities, and risk management.

Members also discussed the potential value of developing a compendium of past materials for newcomers joining the committee, providing a high-level overview of previous work and how key topics connect. Further refinement of this idea is required.

8. LMAC Recruitment (Anne-Marie Erickson)

Discussion on this item was altered due to time constraints. Given that the reference document had been shared ahead of the meeting, the members agreed to share their feedback using the discussion forum on CER Dialogue that was created for this purpose.

The discussion forum includes the following questions:

  • Is status quo an option or should we enlist additional representation aligned with our Action Plan?
  • Should we aim for expertise in rural or urban damage prevention matters?
  • With regards to municipal representation, what are the views in regard to urban vs rural?

9. Meeting Recap (Véronique Duhamel)

The members were invited to share their final impressions and were reminded to complete the post-meeting survey on CER Dialogue.

Action Items from the Meeting:

Damage Prevention, Compliance and Enforcement

  • Circulate the relevant compliance and enforcement links that were requested by members following the case study discussion.
  • Topics for future discussions:
    • Determination of depth of cover
    • Abandonment issues – cost estimates

Best Practices for Land Agents Brochure

  • Revise the brochure to clarify that energy companies typically use land agents.
  • Consider adding a documentation standard requiring land agents to record commitments made to landowners and ensure those commitments are communicated to the appropriate company representatives.
  • Revisit the proposed ethics training requirement, including whether the current two-year requirement should be extended to five years or replaced with broader continuing professional development language.
  • Post the final brochure on CER Dialogue and the CER website in a format suitable for printing.

Terms of Reference

  • Update the Terms of Reference to replace the term “Land Matters Group” with “Land Matters Advisory Committee.”
    • Update related references on the CER website and CER Dialogue project page to replace the LMG title with the LMAC name.

2026–2027 Action Plan

  • Add CSA Z662 as a future meeting agenda topic, in response to the request from UPA.
  • Further develop and refine the newcomer handbook that would provide new members with an overview of previous committee work and how key topics are connected.

Recruitment Review

  • Members are to provide feedback through the CER Dialogue discussion forum on future committee composition and recruitment considerations.

10. Final Comments

Contrary to what was listed on the June meeting agenda and mentioned in the final comments, the date of the next meeting has been revised from the initial 21 October 2026. It will now be held on 28 October 2026 from 10:00 am to 1:00 p.m. (Mountain Time).

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