Land Matters Group Terms of Reference

Purpose

The National Energy Board (NEB or Board) is committed to engaging people to support continual improvement in the development of regulatory approaches to land matters. As a result, the Board established a Land Matters Group (LMG), consisting of members of the public and industry who have vested interests in land matters and are impacted by company activities regulated by the NEB.

The LMG members may participate on the Steering Committee and/or topic specific sub-committees that report to the Board and are supported by NEB staff and resources. The purpose of the LMG is to bring together knowledge and expertise of members of the public and industry to:

  • Build awareness and interest in land matters, and encourage a fuller exchange of information between affected individuals and groups;
  • Promote and facilitate in-depth discussion and recommendations on land matters;
  • Inform regulatory development, priority setting and program delivery decisions made by the Board.

I. Mandate

  1. The Land Matters Group Steering Committee (LMG SC) is responsible for:
    1. Identifying current or emerging land matter issues impacting NEB's interested parties on topics related to:
      1. The Board's approach to regulating the facilities and/or activities of companies regulated under the National Energy Board Act;
      2. Improvement of NEB processes and actions related to land matters;
      3. Other related topics as determined by the LMG SC that are not company or application specific matters;
    2. Providing advice on, and prioritizing land matter topics identified by the LMG;
    3. Recommending strategies for engaging Canadians on a variety of land matters topics;
    4. Reporting plans and progress to the Board through the Committee's Chair;
    5. Recommending the establishment of sub-committees as required.
  2. Sub-committees are responsible for:
    1. Agreeing to their own terms of reference;
    2. Providing input and recommendations on specific land matter topics, within an identified timeframe;
    3. Reporting progress to and results to the LMG SC through the NEB Project Manager;
    4. Reporting to the Board through the LMG SC.

II. Decision Making

Steering committee and sub-committee work is based on consensus of the members participating at a meeting. Consensus means being willing to live with the total package, even if every member may not agree with all aspects. Opposing views will be recorded when requested. When consensus cannot be reached, the Chair or Project Manager will decide how to bring forward recommendations.

All steering committee or sub-committee outcomes are considered non-binding recommendations to the Board. Final decision making authority regarding implementation of recommendations rests with the NEB.

III. Composition

The NEB’s goal is for membership to have a balanced representation from geographic regions and backgrounds across Canada. Members of the LMG SC will be drawn from the LMG. They are involved in or impacted by the facilities and/or activities of NEB-regulated pipeline companies.

LMG SC may be composed of a maximum of 12 representatives from organizations, associations or groups representing:

  1. Land owners, or land occupants;
  2. Aboriginal communities;
  3. Environmental organizations;
  4. NEB-regulated companies;
  5. Government or government agencies;
  6. Academic, not for profit and technical communities, including non-government organizations.

The LMG SC members will be appointed for staggered terms of 12 to 18 months and are eligible for re-appointment. The LMG SC is responsible of ensuring balanced representation and deciding on new members’ eligibility.

Sub-committee composition is dependent on the objectives of each project.

IV. Roles

Steering Committee Chair is held by a senior NEB executive and is responsible for:

  • Reporting the LMG SC’s recommendations and requests to the Board; and
  • Advocating LMG initiatives within the NEB.

Steering Committee Vice Chair is responsible for taking on the role of the Chair upon request and is determined by members of the LMG SC. Rotation may occur on an annual basis.

All Committee Members

  • Prepares for, and participates constructively in all scheduled meetings;
  • Identifies  an informed alternate to participate on their behalf in the case of an unavoidable absence;
  • Establishes and commits to Terms of Reference;
  • Seeks input from other members of their group within their circle of influence in a timely manner;
  • Keeps community or interest group members informed as needed and sharing  the perspective of group at meetings;
  • Abides by the spirit of the Chatham House Rule which states “Participants are free to use the information received, but neither the identity nor the affiliation of the speaker(s), nor that of any other participant, may be revealed.” and
  • Achieves results within established timelines.

NEB LMG Coordinator

  • Ensures the efficient and effective operation of the LMG SC;
  • Arranges for LMG SC meeting management support; and
  • Collaborates with Project Manager to identify sub-committee objectives, responsibilities, resource requirements, timelines and deliverables.

NEB Sub-committee Project Managers

  • Ensures clear sub-committee objectives, responsibilities, resource requirements, timelines and deliverables are discussed and agreed-upon with NEB Coordinator;
  • Ensures the efficient and effective operation of sub-committee;
  • Provides sub-committee meeting management support; and
  • Reports progress and results to the LMG SC before reporting to the Board.

V. Operations of Meetings

  1. The LMG SC will meet 3-4 times per year (or as needed);
  2. Meetings are facilitated by NEB staff or a third party professional;
  3. NEB will distribute agendas and background material to LMG SC members at least one week before a meeting;
  4. NEB will distribute meeting summary notes following each meeting within 2 weeks;
  5. Decision outcomes are communicated and explained;
  6. NEB Coordinator facilitates email distribution between SC members;
  7. Others (to be determined by members)

These terms of reference were approved by the Land Matters Group Steering Committee on 20 April 2012.

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