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“We just don’t understand where landowners fit in.” Those words were uttered to us earlier this month when CAEPLA attended the annual CAMPUT conference in Calgary. CAMPUT is the umbrella group for Canada’s energy and utility regulators, boards, and commissions. The regulatory apparatchik we were talking to made the remark offhandedly, as if you, the landowner, were a mere afterthought – if that – in the consciousness of the people government pretends are looking out for the public interest in the energy transport sector. CAEPLA has attended these conferences about every other year for the past decade. We feel it is important, as your watchdog, to understand the “enemy.” We call them the eRead more »
At CAEPLA we often get calls and e-mails from landowners seeking help dealing with a pipeline company when a land agent knocks on their door. Recently, we had such a landowner contact us from the United States regarding a pipeline that is being built in Vermont. The following is a letter Dave Core wrote in response to her concerns regarding pipelines and landowners and the lack of landowner rights.
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CAEPLA is on the leading edge of pipeline safety. We have recognized for years that the regulations and the Canadian regulator, the NEB, have been a failure at making pipelines safer and holding pipeline companies accountable.
Why and how are the NEB and U.S. regulators a failure? Pipeline companies -- as in all regulated industries -- have very successfully influenced government legislation to create weak regulations. TheseRead more »
A recent article concerning the NEB's new policy regarding Administrative Monetary Penalties and how they will affect landowners.
The NEB Brochure clearly spells out that landowners fall under the imposition of the program and yet the NEB, as always, has no intention of notifying all pipeline landowners.Read more »
What is fair market value? For land? For energy projects? See the letter below written March 25th to landowners affected by BiPole III.
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The Federal Government has recently proposed new legislation, Bill C-46 entitled The Pipeline Safety Act.
This is the first legislation put forward in the 55 year history of the National Energy Board (NEB) that attemps to respect pipeline landowners rather than transfer responsibilities and costs onto them.
To read more on CAEPLA's view on Bill C-46 or to read the bill itself click on the links below.
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Arnold is a conscientious and proud rancher, he can tell you firsthand what happens once the first pipeline is put on your property. Be aware, you will get more pipelines and your land will become a pipeline corridor. Arnold describes how life is affected when that corridor is built close to your home.Read more »
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.
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 pipelRead more »
Dave Core, CEO & Director of Federally Regulated Projects, will be attending:
Saturday March 28, 2015: Chipman Legion, 10:00 am, 119 King St, Chipman, NB E0E 1C0, Ourland Landowner Meeting
Saturday March 28, 2015: Lighthouse River Center, 3:00 pm, 1075 Main St. Hampton, NB, Ourland Landowner Meeting
Sunday March 29, 2015: Tobique Lion's Community Center, 2:00 pm, 61 Everett Lane, Plaster Rock, NB E7G 1N2, Ourland Landowner Meeting
Thursday February 12, 2015: Gibbons, AB, 2:00 p.m., Northern Gateway Landowner Meeting
Thursday February 12, 2015: Morinville, AB, 8:00 p.m., Northern Gateway Landowner Meeting
Friday February 13, 2015: Sangudo, AB, 7:00 p.m., Northern Gateway Landowner MeetiRead more »
CAEPLA has been working hard on behalf of you, the landowner, to build bridges with industry.
Since reaching out formally to pipeline companies last year in pursuit of "win-win" business agreements that address your legitimate concerns in the way no regulator or green activist ever could, we are pleased to report some progress.
At this year's Enbridge Annual General Meeting, Enbridge CEO, Al Monaco, reported to Enbridge shareholders and its board of directors how the company has responded to CAEPLA's plea for constructive resolution of landowner issues. We include some excerpts from his comments down below.
Dave Core, CEO and Director of Federally Regulated Projects for CAEPLA, also took the opportunity to respond to Enbridge now working cooperatively, to move toward a more respectful, productive, and profitable relationship between industry and directly affected landowners. We also include his comments below.
Al Monaco's Remarks at Enbridge's AGM:
"…This is all to say that the energy landscape in North America has changed.
And we’re leading that change.
Here’s how Enbridge is approaching the business today."
Engaging Communities and Landowners
"First of all, the most important thing we emphasize – listen to what communities are saying!
We’re using that input to make our projects better.
It’s important for our staff, but that also applies to me as CEO.
Over the past year, I’ve had the opportunity to visit a number of communities.
It’s critical to build strong relationships with our landowners and communities – and through that, we build trust.
The value of constructive relationships is evident in our Line 3 Replacement Project.
I’d like to acknowledge the involvement of Mr. David Core the president of CAEPLA (Canadian Association of Energy and Pipeline Landowner Associations).
Dave is here today. He’s been at our Annual General Meeting before.
He does a good job of holding us to account, but also in finding solutions to make projects better.
In 2009, a key factor enabling construction of our Alberta Clipper pipeline was a landowner agreement we developed working with Dave and his membership.
More recently, Dave was instrumental in pioneering an environmental protection protocol with Enbridge to prevent the spread of club root.
In Q1 2015, we were successful in reaching an agreement – and support – for Line 3.
That collaboration is testament to the ability of both groups to find common ground."
Dave Core's Remarks at Enbridge's AGM:
I attended last year's annual meeting to plea for constructive resolution of landowner issues and suggest it was time to do business another way. Time to move away from regulatory processes in favor of "win-win" business agreements. Time to stop expropriating landowners and embrace us instead as business partners. And perhaps more importantantly, as public relations partners. Partnership with property owners will permit pipeline companies to win political and PR battles and earn the social license the public demands in order to get projects done. Why, because addressing landowner issues will make pipelines safer. Landowners can help ensure that.
As an owner of shares in a number of pipeline companies I attended other annual meetings to pitch these same ideas. In 2014 we began to sense a shift in attitude -- an evolution of thinking, if you will, coming from the executive suite at Enbridge.
So when we reached out to industry to propose new ways of doing things, we were pleased to find Mr. Monaco and his team reaching back. CAEPLA and Enbridge are now working cooperatively, to move toward a more respectful, productive, and profitable relationship between industry and directly affected landowners. And in just the last six months, CAEPLA landowners across Alberta, Saskatchewan and Manitoba negotiated and signed a settlement agreement, a business agreement with Enbridge on the proposed Line 3 Replacement Project. That agreement was unanimously supported by our landowner members.
In addition, CAEPLA has recently agreed to work with Enbridge to produce much needed research on the pressing issues of pipeline decommissioning and corrosion -- one benefit of which will be to help the company clear costly regulatory hurdles that delay construction.
Another benefit of the common ground we have found with Enbridge is the creation of a precedent setting Clubroot Biosecurity protocol sure to become the industry standard across Canada.
We believe Enbridge's new relationship with CAEPLA demonstrates a newfound respect for landowners' property rights and environmental stewardship, and signals a sincere commitment to safer pipelines.
CAEPLA has spent the better part of a quarter century advocating for these things on behalf of pipeline landowners. Landowners and their families live and work with pipelines 24/7/365 - safety for us has always been paramount - so who better to partner with in the promotion of new projects?
We are encouraged to see Enbridge acknowledge this and welcome the opportunity to work cooperatively.
Yet, many challenges remain. Important landowner issues still need to be addressed. But we are committed to working on these issues incrementally, one by one, to achieve 'win-win' business agreements. Business agreements that are not only good for landowners, but good for the bottom line and good for shareholders. Business agreements that are not only good for the company, but good for the public, for pipeline safety, and the environment.
We wish to congratulate the executive of this company for your forward thinking and your ability to adapt in a changing environment.
CAEPLA/Manitoba Pipeline Landowners Association(MPLA)/Saskatchewan Association of Pipeline Landowners (SAPL) have recently concluded negotiations that was unanimously ratified by affected landowner members. Another precedent setting pipeline agreement for our landowners on the Enbridge 3 Replacement Project, as precedent setting as the agreement negotiated on the Enbridge Alberta Clipper and Southern Lights projects in 2007. Also included in the agreement is an updated Integrity Dig Agreement and resolution to outstanding issues on the Cromer Line 3 Replacement Project.
CAEPLA/MPLA/SAPL and Enbridge continue to discuss and negotiate the issue of decommissioning of Line 3 as the NEB Hearing process approaches.
Congratulations to our landowner members and Enbridge on a settlement that respects the environment, improves pipeline safety and respects property rights. Another win for the public, landowners and Enbridge.
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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