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LMCI Meeting Summary - Landowners - 15 April 2008

15 April 2008
Saint John, New Brunswick

Stream 1 - Company Interactions with Landowners

• Some landowners decided not to participate in hearings because they felt it would require too much work.
• Landowners who may be affected by a proposed pipeline should be informed early (well before certificate hearing) and directly by the project proponent so that they know they will be affected and should get involved. Everyone in the proposed corridor should be informed about the project and informed of their rights.
• Open houses are more helpful for community and special interest groups. Potentially directly affected landowners should be contacted directly rather than be expected to attend open houses.
• Information from the company not always transparent about the project and potential impacts.
• There needs to be a timeline attached to the service of s. 87 notices.
• The onus is on the landowner to determine the real impacts of the detailed route on their land and to provide superior routes. This is a real burden and there is uncertainty about whether costs will be recovered. Additionally, it puts the landowner in an awkward position with his neighbours when potential routes are on their properties.
• The next steps after the detailed route hearing are uncertain if the route has to be re-designed.
• Compensation should be tied to the routing process, and monitored by the NEB. There appears to be little incentive for a pipeline company to address compensation matters once routing is agreed to, because the NEB doesn't have jurisdiction over compensation.

Stream 2 - Improving Access of NEB Processes

• The NEB publication "A Guide for Landowners" is very helpful; the NEB should ensure that landowners or potential pipeline landowners receive it very early in the process, prior to any hearings. At this time, it would also be helpful if the landowner had a contact at the NEB to call to ask questions about landowner options to participate in any hearing/review process. The book needs to be expanded to talk about the detailed route process and what happens after.
• How does the Board ensure that landowners or possible pipeline landowners are aware of the restrictions imposed by the 30 metre safety zone? This is a Board regulation, so is it the company's responsibility to make landowners aware of it?
• NEB needs to be involved with landowners early on so that landowners know they have access to help and information from the NEB. Company does not have an incentive to fully inform landowners of their rights in the regulatory process, the Board should play this role.
• Concept of pipeline "corridor" is confusing and should be clarified as well as the word 'compensation'.
• NEB information sessions prior to a hearing are a good idea. They should be scheduled a week or two weeks before the hearing to give people a chance to absorb and take into account what they learn at the hearing. At the information session, provide more information on what to expect from other hearing participants and tell intervenors what type of information is relevant for the hearing (i.e., information related to the list of issues, information related to the purpose of the hearing - Certificate hearing vs. Detailed Route Hearing). For example, let people know that Board Panel Members may not say very much or ask questions.

Stream 4 - Pipeline Abandonment - Physical Issues

• Not covered

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Date Modified:

2011-10-28