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LMCI Meeting Summary - Landowner Association Custodians of the Peace - 12 March 2008

12 March 2008
1:30 p.m. - 4:30 p.m.
Quality Inn
Fort St. John, British Columbia

Agenda:

• Overview of Custodians of Peace County Society
• Overview of LMCI
• Group Discussion
• Review and Next Steps

Key Messages from Participants:

• Custodians of the Peace formed in 2002 and have approximately 300 members; their mandate is to get and share information on how people can make the best choices for their land; they are working on developing standard agreements within the province and have participated in a number of consultation initiatives within the province.
• Natural Resources Canada (NRCan) Mediation/Arbitration process for compensation matters is very intimidating and too drawn out; it is not a level playing field for landowners since companies have unlimited resources to hire experts and lawyers; pipeline company staff do not even necessarily participate in the process while the landowner's time is taken up for several days; some arbitrators are respectful and helpful for landowners, while others are not. Funding of lawyers for landowners can create conflicts of interest under some arrangements.
• In NEB processes, agriculture land and farming practices do not have the same level of respect, scrutiny, protection and oversight as other types of land; fish, wildlife, flora, water and archeological experts are retained and examinations are conducted, but similar assessments are not done for agriculture land and practices.
• Accountability is lacking in the discussions and negotiations which happen between landowners and company representatives:
  • Companies often rely on contract land agents who do not have any long-term relationship with the landowner or the company
  • Company staff contacts change frequently
  • Commitments are made with landowners that are not always followed up, or are arbitrarily changed
  • NEB does not follow up and enforce conditions in the certificate or commitments made in the application
  • Landowners are left with the issues on the land without effective recourse
• Many landowners are dealing with multiple facilities on their land. The impact of this does not seem to be taken into consideration by the regulators.
• The intent of s.86 and annual payments has been misrepresented as a lump sum over a specified number of years.
• Certain pipeline scenarios render the land not conducive to development and sub-division.
• Safety control zone was arbitrarily implemented with no consultation or compensation to the landowner.
• If companies go bankrupt, the landowner may face liability and liens from creditors.
• The line between private and public interest needs to be redefined given the power to expropriate exists. Expropriation needs to be balanced with accountability and responsibility.
• Fair representation is necessary for natural justice to be upheld.

Suggestions for improvement:

• Agriculture site assessments should be done prior to and post construction to be able to fairly judge the impact of pipeline construction on agriculture land.
• NRCan should have service standards for the mediation and arbitration services to ensure reasonable timeframes are adhered to.
• Direct communication between the NEB and landowners would help to clarify landowner rights and options available to assist landowners
• Development of standard ROW agreements would help landowners in negotiations. Finite terms or sunset clauses should be considered.
• NEB should direct more resources to enforcement.
• Assess the meaning of public interest today in the context of private enterprise seeking right of entry.
• NEB should consider the cumulative effects of multiple pipelines on land and landowners.
• There should be standard agreements for integrity digs.
• There should be a pool of funds available for legal fees of landowners in the mediation/arbitration process.

Suggestions for the LMCI:

• Consider having Board Members attend LMCI workshops and consultations to build awareness of issues and suggestions.
• Need funding for groups to participate effectively
• Come back at the end of consultations to explain what was done with input from landowners.
• Invited to do a presentation at the Peace River Regional Council

Additional Comments:

• Participants were invited to contact the Board if they wanted to provide additional comments or get involved further in the LMCI.
• Staff promised to return with an explanation of how jurisdiction is determined on facilities as it is confusing with Spectra being partially regulated by the NEB and the OGC.

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Date Modified:

2011-10-28