Land Matters Group Advisory Committee - Terms of Reference 2024

Content

• Definitions
• Foundation
• Purpose and objectives
• Guiding principles
• Composition of the advisory committee
• Governance and administration
• Meetings
• Roles and responsibilities
  • LMAC members
  • The CER
• Review and ammendment
• Evaluation
• Approvals

These Terms of Reference describe the foundation, purpose and guiding principles of the Land Matters Advisory Committee (LMAC or the Committee), and its governance, administration, and operations.

Definitions

Land Matters Group (LMG)

The LMG membership is composed of individuals representing diverse interests from across Canada, all of whom have registered to receive information and participate in initiatives led by the Canada Energy Regulator (CER) that involve different aspects related to land matters. Interests represented include landowners, land users, academics, nongovernment organizations, government/regulatory organizations, and companies with CER regulated projects. The LMG serves as a conduit to reach the larger, broader communities represented by registered members.

Land Matters Advisory Committee

The LMAC consists of individuals who are representative of the broader LMG membership and speak to the interests and experience of their respective stakeholder groups. The members engage directly with the Land Matters Project Working Group to raise awareness about ongoing and emerging issues, share best practices, and provide recommendations to help the CER consider and address land matters in the delivery of its regulatory mandate.

LMAC Sub-Committee

A group composed of individuals selected from the LMAC or/and the LMG for the purpose of undertaking specific work assigned by and under the guidance of the LMAC, with support provided by CER staff, and with a responsibility to report back to the LMAC as directed.

Depending on the nature of the issue being addressed, subject matter experts from outside the CER, the LMG, and the LMAC could be recruited to provide input based on their own perspective.

Land Matters Project Working Group (LM PWG)

A group composed of CER staff with land matters expertise dedicated to supporting the LMG and the LMAC.

Land Matters

Topics and issues relevant to Canadians who have an interest in lands affected by CER-regulated facilities and activities.

Foundation

The CER is an independent energy regulatory body responsible for ensuring that pipeline, power line, and offshore renewable energy projects within Parliament’s jurisdiction are constructed, operated, and abandoned in a manner that is safe and secure, and protects people, property, and the environment. The CER regulates energy infrastructure in a way that prevents harm and ensures the safe, reliable, competitive, and environmentally sustainable delivery of energy to Canada and the world. The CER recognizes and respects the inherent and constitutionally protected rights of First Nations, Inuit, and Métis. The CER provides energy information and analysis that informs and supports Canada’s transition towards a net zero future.

The CER Act contains key commitments in its preamble:

• Ensuring safety, security, and environmental protection;
• Achieving reconciliation with Indigenous Peoples;
• Enhancing Canada’s global competitiveness; increasing transparency, diversity, and inclusion; and
• Driving innovation.

The preamble to the CER Act also expressly notes that the CER should be reflective and respectful of the diversity of Canada, including its regional diversity and bilingual nature.

Purpose and objectives

• Guiding and supporting the CER in identifying, prioritizing, and implementing actions (set out in the LMAC 2024-2027 Roadmap and delivered through annual action plans) that foster continual improvement of its regulatory framework and approaches for addressing land matters;
• Reviewing and providing feedback on CER regulatory initiatives, to ensure land matters perspectives are accounted for in their development and implementation; and
• Fostering and facilitating information sharing, continual learning and education, and the exchange of best practices amongst stakeholders and the public regarding land matters as they relate to the advancement of CER strategies and work

Through the pursuit of these objectives, the LMAC provides an opportunity for industry, landowners, landowner groups and associations, as well as land professionals and government to have a meaningful and timely impact on CER strategies and work by:

• Engaging and building awareness, confidence, and responsiveness regarding the CER and its processes across the regulatory lifecycle;
• Establishing and strengthening working relationships with and amongst stakeholders who are responsible for or have an interest in land matters as they relate to the CER’s mandate;
• Identifying common priorities and perspectives related to land matters;
• Keeping the CER and stakeholders apprised of current and emerging land issues and initiatives that may not otherwise be brought forward during CER regulatory processes; and
• Gathering/sharing information and providing views, insights, and advice to inform continual improvement of the CER’s regulatory framework and approaches for addressing land matters.

The LMAC is not a decision-making body, nor does it engage in CER operational matters or provide advice on any Commission decision, order, recommendation, or other adjudicative functions. The LMAC also refrains from any discussions on specific matters under consideration by the Commission.

Guiding principles

The work of the LMAC is founded on, and guided by, management system principles aligned with the CER’s approach to implementing its regulatory mandate. The four basic elements of a management system approach include:

• Plan – clearly setting out the work that must be done and how it will be done.
• Do – implementing the plan in a controlled, purposeful manner.
• Check – reviewing and verifying that the plan is being accomplished and that the work is on-track; and
• Adjust/act – undertaking corrective actions to address any deficiencies or deviations, and incorporating new information, learnings, and course corrections that further enhance plan delivery

This cycle is ongoing and is intended to drive continual improvement of the LMAC’s work, which in-turn supports the CER in enhancing its regulatory framework and approaches for addressing land matters within its mandate. The LMAC’s work and interactions are guided by the following principles:

• Shared interest Based on the knowledge, experience, and stakeholder perspectives that they bring to the table, LMAC members share the common purpose of working together to exchange views, insights, advice, and information to support continual improvement of the CER’s regulatory framework and approaches for addressing land matters.
• Collaboration LMAC work is based on its members working together through constructive dialogue to seek mutual understanding, common ground, and consensus where possible in defining issues, setting out priorities, finding solutions, and generating advice. The CER seeks LMAC member advice based on personal and professional knowledge, experience, and views.
• Respect In words, commitments, and actions, respect for each other and for the land matters perspectives of different stakeholders and communities across Canada.
• Trust A working relationship of trust, based on honesty, openness, and understanding.
• Inclusivity and diversity The LMAC’s work respects and reflects the diversity of land matters perspectives across Canadian regions, languages, and stakeholder communities.
• Focus and purpose The LMAC is committed to focusing its efforts to help the CER show and deliver on the objectives and tasks set out in the 2024-2027 Roadmap and executed through Annual Action Plans.
• Flexibility and adaptiveness The LMAC and its work will evolve over time, as tasks related to the priority issues are completed, and new issues and opportunities emerge; based on changes in stakeholder interests/concerns and government policy.
• Lessons learned and best practices The LMAC is informed by lessons learned; based on best practices, earlier LMAC work, and the experiences of LMAC members and the stakeholder communities they represent.
• Avoiding duplication The LMAC seeks to identify and avoid duplication of efforts as they relate to the CER’s regulatory framework and approaches for addressing land matters. Where land matters of interest are being addressed though other CER processes or broader Government of Canada initiatives, the LMAC will make itself available to support and complement this work where proper and possible.
• CER independence The LMAC will not discuss active CER regulatory proceedings and activities.

Composition of the advisory committee

The composition of the LMAC reflects the needs and interests of the broader LMG membership by acknowledging and remaining focused on the diversity of land matter perspectives across Canadian regions, languages, and stakeholder communities.

The CER strives to maintain a roster of 12-15 active members on the LMAC, with each member representing the needs and interests of a distinct organization or stakeholder community, pursuant to the following categories:

• Landowner associations;
• CER regulated companies;
• Associations of land professionals; and
• Government organizations at the federal, provincial, territorial, and municipal levels, including provincial advocacy groups.

LMAC members are typically appointed for terms lasting 2 to 3 years; individuals may be reappointed for multiple terms as appropriate, subject to endorsement by other LMAC members. LMAC members may submit to the CER for its consideration an organization or individual for LMAC membership.

Governance and administration

The LMAC is chaired by the CER’s Vice President, Communications and Engagement, who is a voting member standing for Government.

Secretariat support for the LMAC is provided by the CER’s Engagement Team under the leadership of the Vice President, Communications and Engagement and the Director, Engagement. The LMAC Project Coordinator serves as the primary contact for LMG and LMAC members.

Responsibilities of the LMAC Secretariat:

• Ensures the efficient and effective operations of LMAC meetings;
• Identifies objectives, responsibilities, resource requirements, timelines, and deliverables;
• Documents and reports progress and results, including records of decision;
• Maintains the LMG webpage on the CER external website;
• Maintains the timely posting of documentation on CER Dialogue (restricted access) the CER’s engagement portal;
• Networks with lands associations and companies alike to recruit as needed, new members for the LMAC;
• Manages the administration of agreements with eligible landowner associations and municipal administrations;
• Maintains registration information and related distribution lists;
• Prepares and distributes newsletter updates to the LMG; and
• Works collaboratively with the LM PWG to prepare and maintain foundational documents, such as:
  • Terms of Reference
  • The 2024-2027 Roadmap and Annual Action Plans
  • Implementation and tracking reports.

Meetings

Meetings In-person LMAC meetings lasting up to two days are typically held 1-2 times a year at Centre 10, the CER’s head office in Calgary, Alberta. In addition, virtual meetings are held 2-4 times a year.

Transparency To the extent proper, the LMAC strives to ensure that its documents are made available to the public, including but not limited to the LMAC’s Terms of Reference, approved meeting summaries, as well as the names and affiliations of all LMAC members.

Reimbursement LMAC members representing landowner associations and municipal administrations may be eligible for reimbursements for certain expenses related to their participation.

Official Languages The LMAC operates in both official languages. Members can participate in advisory committee related work in the official language of their choice. Written materials and correspondence prepared by the CER will be available in both official languages and posted on CER Dialogue on the project page, and simultaneous translation will be provided at all meetings, as appropriate.

Roles and responsibilities

LMAC members

1. Identify current or emerging land matter trends for consideration by the CER;
2. Provide recommendations to the CER on specific land matters for action or resolution;
3. Subject to CER endorsement, strike sub-committees to study and/or make recommendations to the LMAC on a variety of land matters, as required;
4. Represent the diverse range of interests of the LMG membership;
5. Keep their respective community or interest group members informed of the activities of the CER and seek input from members of their group within a timely manner;
6. Provide input and advice on the need for and content of CER communications and educational materials for landowners; and
7. Name and prioritize land matters for consideration and work collaboratively with the CER to devise actions to address priority land matters.

1. 2024-2027 Roadmap: The Roadmap is a multi-year document whose main purpose is to provide the LMAC and the CER with clear direction in terms of the areas of focus for the three-year duration.
2. Annual action plan: Based on the priorities set out in the 2024-2027 Roadmap, each Annual Action Plan will specify clear and concise outcomes, and identify the actions required to meet the objectives, including the timeframe and the resources needed, as well as the evaluation methodology to measure each activity’s results. At the CER’s discretion, some of the activities outlined in the 2024-2027 Roadmap may be carried over from one fiscal year to the next.
   Annually and by fourth fiscal quarter (Q4), the LMAC will conduct a progress review and identify the activities it intends to include in the subsequent Annual Action Plan.
3. LMAC Sub-committees: Formed on an ad hoc basis when an issue requires specialized knowledge or experience, and/or when it is beneficial to consult with a broader range of stakeholders to address an issue, the members sitting on these sub-committees are selected from the LMAC and may also be selected from the LMG membership or from external sources.
   LMAC Sub-committees are responsible for developing their own Terms of Reference, if needed, and work plans which are in turn approved by the LMAC. All reports and recommendations prepared by LMAC Sub-committees will be presented to and approved by the LMAC before they are handed over to the CER for consideration. The LMAC Secretariat will also support the LMAC Sub-committees.

The Canada Energy Regulator

The CER maintains and operates the LMAC and considers advice put forward by its members to help address land matters in the delivery of its regulatory mandate. Based on the guiding principles noted above, best efforts are made by the LMAC to submit recommendations to the CER that reflect a consensus amongst the LMAC members, provided that the recommendation has been shared with all members in final written form.

• Any LMAC members who oppose the recommendation must have an opportunity to explain, in writing, why they cannot support the advice, in whole or in part. Such reasons shall be provided to the CER for consideration along with the recommendation.

When a recommendation has been provided to the CER, it will conduct a review, which may include further consultation with the LMAC. The CER may accept, modify, or reject the recommendation, and it will communicate its rationale, as appropriate. CER decisions are final.

Review and amendment

Review LMAC reviews the effectiveness of this Terms of Reference, including the structure, on 3-year basis.

Amendment Based on the outcomes of the 3-year review.

Evaluation

Evaluation Following each meeting, the LMAC Secretariat will initiate a review of whether LMAC members have been engaged meaningfully and whether they were given opportunities to share their perspective and provide feedback and whether their goals have been met. The surveys posted on CER Dialogue will be conducted following each meeting.

Approvals

For the Canada Energy Regulator:

Date modified:

2025-05-28