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New pipeline regulations proposed by the National Energy Board (NEB) shift the burden of constructing, operating and maintaining safe pipeline to farmers, who will face near automatic Administrative Monetary Penalties (AMPs) or even Criminal Code prosecutions for failing to warn pipeline companies when pipelines cannot safely accommodate farming practices. Doesn't this sound backwards? On behalf of CAEPLA and landowners across Canada, the Manitoba Pipeline Landowners Association (MPLA) submitted a letter to the NEB urging the regulartor to shift the burdern to make pipelines safe back to pipeline companies where it belongs, and to avoid making criminals out of landowners and farmers.
"Thieves respect property. They merely wish the property to become their property that they may more perfectly respect it." - G. K. Chesterton
Gilbert Keith Chesterton (1874 – 1936) was an English writer. His prolific and diverse output included philosophy, ontology, poetry, play writing, journalism, public lecturing/debating, biography, Christian apologetics, fantasy and detective fiction.Read more »
Good morning Honourable Senators. It is my pleasure to be talking to you from Calgary this morning by video conference. Our National office is situated in Regina, Saskatchewan, but I am in Calgary on personal business right now.
The Canadian Association of Energy and Pipeline Landowner Associations (“CAEPLA”, formerly “CAPLA”), is an association made up of regional member landowner groups from New Brunswick, Ontario, Manitoba, Saskatchewan, Alberta, British Columbia and associate members from across Canada, coast to coast.
CAEPLA’s objective is to assist Canadian pipeline landowners to address more effectively the impacts of energy pipeliRead more »
Research by the University of Victoria’s Environmental Law Centre concludes that, whether it is federally regulated pipelines or pipelines that are regulated by provinces the current regulatory processes are manifestly unfair to landowners, pose unacceptable risks to our environment, and allow companies to escape responsibility for the full spectrum of risks posed by their pipelines.
Under the current regulatory regime, landowners have few rights when a company decides to build a pipeline across their land – and the procedures are anything but transparent. This begins right at the outset.
This paper provides needed independent research on landowners issues and provides the evidence that the federal regulations, regulatory processes and legislated Right of Entry for pipelines is nothing more than rent control and externalization of costs for the Energy Industry.
The National Energy Board (NEB) has recently issued a stop work and compliance order to Enbridge Pipelines Inc. in connection with Enbridge's Line 3 Replacement project on a Manitoba farm property. The Line 3 project is similar to the Line 6 replacements that took place in Michigan following the Marshall, MI rupture a few years ago - Enbridge leaves a rotting pipeline in place and takes more land to build a new line nearby.
In this case, Enbridge was not able to obtain the land it needed from the landowner by agreement. Enbridge then turned to the NEB for the right to take the land it needed for its new pipeline. In fact, Enbridge appears to have made 25 applications for right of entry to the NEB, all of which were granted in spite of objections by many affected landowners. The bases for the landowner objections included the fact that Enbridge had failed to negotiate a construction agreement with the landowners that would protect the integrity of the lands affected by the project.
The result? A complete mess has been made of at least one of the properties involved in the project and it remains to be seen whether the NEB's order will make any difference for future projects. Will the NEB rethink its relationship with companies like Enbridge? Will the NEB be as quick to grant land rights to pipeline companies where they have failed to agree on environmental protection measures with landowners?
This article is from John Goudy's blog, "Law of the Lands - Farm, Energy and Enviro Law" and can be found at: http://landownerlaw.blogspot.ca/2014/07/enbridge-wants-land-to-build.html
After receiving letters from Dallas Ritchie and CAEPLA, the National Energy Board has conducted an inspection of the Enbridge Line 3 Replacement project running through his property and found that:
"it was observed that multiple construction mitigation measures committed to by Enbridge in its Environmental Protection Plan (EPP) to conserve topsoil, control erosion and manage drainage were not implemented. This lack of EPP implementation has resulted in numerous non-compliances observed both on and off the construction right-of-way causing environmental damage to wetlands and property damage to a substantial amount of agricultural land. Erosion, lack of safe agricultural access, open excavations and open trenchlines also pose a hazard to safety of the public and employees. The resumption of construction activities by Enbridge without a full assessment of damages would cause further detriment to property, safety of the public and the environment."
To read the Stop Work Order and the full Inspection Report, please click on the pictures below.
Due to the devastation done by Enbridge on the Cromer 20km Line 3 Replacement Project on CAEPLA/MPLA member Dallas Ritchie's property, CAEPLA sent a letter to the National Energy Board concerning shoddy construction practices and farmland devastation. Read more.
1) Ottawa's National Energy Board and its disposition towards landowners;
2) The Alberta Land Bills and the impact they will have on property rights, not just in Alberta, but even elsewhere in Canada (see what the CAEPLA SmartPig has to say about that in the letters section), and;
3) What to do when the landman comes calling.
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