By Graham Thomson, Edmonton Journal April 8, 2013

Tuesday, March 26th, 2013 The Camrose Booster

Due to the appointment of Alberta’s first property rights advocate (the first such office in Canada) the government claims that Albertans can now get information to help them with property rights problems.

However, frustrated landowners at the Alberta Surface Rights Federation annual general meeting, at the Norsemen Inn in Camrose on March 8, didn’t receive the patronage appointment with a lot of optimism.

Alberta’s first property rights office was officially opened in Lethbridge on Feb. 6 and is estimated to cost taxpayers up to $1 million a year. The office opening follows the appointment of Lee Cutforth as Alberta’s first property rights advocate.

The vast majority of Alberta landowners wanted several controversial Bills repealed by the province last year. The government didn’t want to relinquish the ultimate power over landowners, so it turned the matter over to a task force.

Instead, the creation of a property rights advocate and the opening of a property rights office was due to a recommendation of the Property Rights Task Force.

Cutforth made his first visit to Camrose at the Alberta Surface Rights Federation annual general meeting at the Norsemen Inn on March 8. “It has been almost three months since I have been back in the saddle and it has been a lot of back and forth talk of what I can and can’t do,” said Cutforth. “I have been a lawyer for over 25 years, but before that I came from a farm. It is a huge change going from working in the private sector to working with the government.”

The advocate is based in Lethbridge and was appointed to a three-year term following a competitive recruitment process. “In theory, there is going to be a branch office in Edmonton, as well as a deputy advocate, a policy researcher, a communications officer and two administrative assistants on staff. I can’t say what the time frame is going to be for staffing that. As all of you know, there are some budget issues coming out and I don’t know how that filters down to my office.”

The office was formed to give three basic tools to property owners. “One is information to help landowners with the process and we overlap with the farmers’ advocate office,” explained Cutforth. “The second tool is a complaint mechanism. If you are facing expropriation, or compensative taking, and if the authority is not playing by the rules, you can file a complaint with our office. We will look into it and prepare a report.

The third tool is the annual report to the government. “It gets sent in at the end of every year. I can make recommendations and send it on to the speaker. He then tables it and then it is up to the elected politicians to do something with it,” added Cutforth. “My office does not get into civil disputes between private parties. We don’t deal with private contract issues.”

The newly formed office has been criticized for having no power. “I have three tools in my box and the only thing I can promise is that I will use them the best that I can,” said Cutforth. “I hear that we wouldn’t really need the office if we didn’t have that controversial Bill 2 land stewardship act. This office is important because property rights are important.”

Actually Bill 36 is the Land Stewardship Act and Bill 2 is the Responsible Energy Development Act. Cutforth pointed out that governments change over the years. “We don’t want to leave something as important as property rights, left with the government of the day,” added Cutforth. “Property rights are necessary for a free society and a stable economy. If you are not fairly compensated, you begin to feel that you as a landowner are subsidizing the cost of utilities, gas, transportation and whatever is trying to cross your land. You begin to feel that you are bearing an unfair share of the cost of public good, rather than having that cost passed on to the consumer.”

Several unconvinced landowners voiced their displeasure over the advocate’s “lack of teeth” when it comes to going against the government. Cutforth then encouraged people to write him letters. “It is not my place to carry the government’s water. My job is to represent the interests of property owners to give public voice to those concerns through the annual report,” explained Cutforth. “I can’t impose my will, only my recommendations, and I can’t give public voice to it. I can raise the profile and that can be helpful. I can’t change things. That is left with the people in legislation.”

Landowners questioned Cutforth, from the floor, on the lack of democracy in government, bullying tactics used by both oil companies and by government, what his definition of public interest is, why food supply is not the government’s number one priority, and he was challenged to help some landowners who have been fighting with an oil company on clean-up for about 25 years.

“All I can do is look at it,” Cutforth said. “It sounds like a civil matter. I’ll pass this on to Peter.” Peter Dobbie of the office of the Farmers’ Advocate said “We can look at it and get back to you.”

Cutforth wants to raise awareness and when challenged from the floor about his previous support of involvement with donations to the current government, he brushed them aside by saying, “The real issue is not what I did up to the appointment; it is with what happens after that,” said Cutforth. “I can help people with their concerns by trying to get them information.”

BY SHEILA PRATT, EDMONTON JOURNAL

MARCH 17, 2013

EDMONTON – Some critics are worried the Alberta government’s new regulatory body for oil, gas and coal could result in weaker, less transparent application of environmental protection laws. Energy Minister Ken Hughes is trying to soothe those concerns, saying a new government branch, the Policy Management Office, will monitor the

Alberta Energy Regulator to make sure that doesn’t happen.

Hughes said the government has built in checks to ensure the new regulator applies the laws evenly when it takes over the job of issuing water permits and other environmental permits — a job currently done by Environment and Sustainable Resource Development. Both the energy minister and the Policy Management Office can give directions to the regulator if necessary, Hughes said, adding there will be regular discussions between the parties, though the regulator operates at arm’s length from government.

MLA Rachel Notley, the New Democrat’s environment critic, is worried Environment’s ability to do its job may be severely curtailed, especially when it comes to ensuring water quality, when it loses jurisdiction over energy sector permits.

Under the old system, Environment issued permits under three provincial laws, the Water Act, the Public Lands Act, and the Environmental Protection and Enhancement Act, for all industries.

Under the new system, energy sector permits are removed from Environment — in effect, putting outside government the job of administering three key environmental laws for one major sector of the economy, Notley said.

This move may “decimate” the ministry’s ability to protect the environment, she said.

She wondered if Environment will be hamstrung, asking how the department can develop coherent water policy when a major sector of the economy is outside its jurisdiction.

“I think the future of the ministry is in great jeopardy and their ability to enforce laws in other areas is very compromised if the new act takes away all the decisions relating to oil, gas and coal development.”

Under Bill 2, the Responsible Energy Development Act, the new regulator starts in June.

For oil companies, the change is welcome, as it means there’s one window for all permits under those laws, said Greg Stringham of the Canadian Association of Petroleum Producers, or CAPP.

“At the end of the day it will be better to deal with one body, rather than three.”

But more importantly, Environment can concentrate on policy work, while the regulator administers the laws and permits, which makes for a clearer division of labour, Stringham said.

Cindy Chiasson from the Environmental Law Centre said using one regulator to issue all permits isn’t necessarily bad for the administration of environmental laws.

But the new body will need a lot of expertise and new mechanisms so the public can monitor its work to be sure it is being as tough on the energy industry as it should be, she said. “For the new ERCB (Energy Resources Conservation Board) to make good environmental decisions, it needs the expertise,” Chiasson said.

“The next question — will the energy industry get a break on environmental permits because it has its own regulator? You need a mechanism to make sure the new regulator is not going easy on the energy industry ”

The Environment Department declined to say if any of its experts are moving over to the new regulator. They are free to apply for those jobs when they are posted, spokeswoman Nikki Booth said.

But there will still be plenty of work for the department in devising land-use plans for each watershed in the province. The Lower Athabasca Land Use Plan in the northeast is still being worked on.

Wade Clark is the boss of the of the new 12-person Policy Management Office. He’s confident the energy industry won’t be getting any breaks when it comes to applying environmental laws.

“There are good checks and balances in the system.”

For instance, if the regulator wants to make technical changes to water permits for oil companies only, it has to give the government 120 days notice, he said.

“So the government has time to decide whether it needs to step in and develop a new policy, or adopt the new one proposed by the new regulator.”

Clark’s office has a second job — to take the lead in developing new environmental policy, which means lots of public engagement. In the old world, the government often dragged its feet on environmental policy for the fast-moving energy industry, so the ERCB stepped into the gap. For example, it came up with new regulations on tailings ponds when there was no sign the Environment Department would do so.

“Now those policy discussions will go directly to the new policy management office, and that gives everyone the right forum to have a policy discussion,” Energy Minister Hughes said. Clark’s office resides in the Energy Department, but Environment is closely involved, he said.

“We’ll make sure the heavy lifting in making policy stays with AESRD (Alberta Environment and Sustainable Resource Development) and other departments.”

CAPP is pleased with that new division of labour, which it says provides “much needed clarity.’’

By default, public hearings on specific projects became the only forum to discuss issues such as air pollution and habitat destruction — not the appropriate place.

“Now we’ll have a clear distinction — it’s the government that sets the policy and that’s separate from the regulator,” Stringham said. When necessary, “the regulator will ask government for policy — and it should be more efficient.

Chris Severson Baker of the Pembina Institute, an environmental research group, said environmentalists like the idea of a better forum to raise their issues, but will closely watch the Policy Management Office to see if it measures up.

“If there is intent for government to be more proactive on policy, that’s good,” he said.

But so far, no rules are set about who can initiate a policy discussion or how environmental groups can bring ideas forward to the new office, he said.

“People are optimistic about this, with reservations. They want to know how their issue will be raised.”

Notley, meanwhile, said she’s skeptical about the government’s message that there will be plenty of consultation on new policy. “The message is, it is more important for Albertans to be at the front end on policy development,” she said.

But in the approval process, there is less room for public hearings on contentious projects and tighter restrictions who can appear at public hearings, she said.

The new regulator is not obliged to hold a hearing when requested and that decision is harder to appeal, Notley added.

If a hearing is denied, a person can appeal to officials within the board, and any legal challenge must go to the Alberta Court of Appeal, not the lower Court of Queen’s Bench.

The appeal court only has the power to send the decision back to the regulator for reconsideration, so “it sends up a never-ending loop,” she said.

“This is exactly the opposite direction it should go.” St. Albert lawyer Keith Wilson said rural landowners are worried about the lack of an outside appeal process and the narrower definition of intervener status.

Only those who are negatively and adversely affected are eligible for a hearing, narrower wording than in the old act, said Chiasson of the Environmental Law Centre.

“That’s too narrow, I’d put in ‘demonstrable and genuine interest.’ ”

Hughes said he has opened the system so people can “self-identify” as someone with an interest. But the board does not have to accept them as interveners.

Unlike the ERCB, the new regulatory agency will have a small board of governors and those governors, or commissioners, will not sit on the panels for public hearings. The minister of energy will appoint the board.

Various experts will be hired for the public hearing panels, depending on the expertise needed, such as land issues or pipelines, Hughes said.

By Darcy Henton, Calgary Herald April 3, 2013

Why You Should Oppose the Keystone XL

Everybody should object to TransCanada’s Abuse of Landowners.

By Chris Mayer, Editor of Mayer’s Special Situations

There is one reason why you should oppose the proposed $5.3 billion Keystone XL Pipeline. And it has nothing to do with “green religionists,” as The Wall Street Journal calls the opposition in today’s paper.

Instead, it has everything to do with a foreign oil company using U.S. government power to force Americans off their land in the name of “eminent domain.” It has everything to do with putting a 78-year-old grandmother in jail, pepper-spraying protestors and using other bullying tactics that would make the Mafia proud. Click here to read more.

The Secret to TransCanada and Enbridge’s Success

Behind the pipeline industry is a poorly understood economic system

by Dave Core

I came across this passage from a book I am reading, “The Real Lincoln” by Thomas J. Dilorenzo (pp 56).

It describes the economic system in North America at the time of Lincoln – one that in my opinion is very much more embedded and sophisticated today. It is a system under which pipelines have prospered – at landowner expense…Click here to read the whole article.

Abandonment Issues

A Cautionary Tale about what recent NEB changes have in store for landowners.

By Dave Core

Here is a scenario that will be faced by landowners and municipalities when pipelines are abandoned.

 Pipelines and their shareholders need to be putting away enough money to remove and clean up all abandoned pipelines but the captured regulator is only forcing companies to collect 20% of what will be needed and they are doing it 50 years to late.

 The National Energy Board (NEB) even admits that they have no idea who is really responsible after they approve Abandonment In Place, or what will happen should pipeline companies file for insolvency. Click here to read more.

 ABOUT CAEPLA

 The Canadian Association of Energy and Pipeline Landowner Associations (CAEPLA) is Canada’s foremost and leading association of landowners who have a direct and ongoing interest in the way government and energy regulators define, and then influence, the relationships that exist between landowners and various aspects of the energy sector.

CAEPLA’s role is to advance the legitimate interests of property owners within the context of development, while at the same time provide all Canadians with a better understanding of the way property rights encourage responsible stewardship. A pro-development association, CAEPLA supports development that is responsible, sustainable, and respects the stewardship responsibilities of landowners to protect land and water for future generations.

______________________________________________________

Policy Centre Mailing Address: #363-918 16th Avenue NW, Calgary, AB T2M 0K3

Administration Mailing Address: #257-918 Albert Street, Regina, SK S4R 2P7 (306) 522-5000

Website: www.LandownerAssociation.ca

Copyright © 2013. All rights reserved.

Pipeline Whistleblower Blower Receives National Award

By Editors

Evan Vokes, the former TransCanada employee and engineer that helped The Tyee and the CBC investigate rising pipeline incidents and rule breaking in the industry, will be the recipient of major whistleblower award in Ottawa today.

The 47-year-old Ontario-born Vokes will receive the 2013 Golden Whistle Blower Award sponsored by Canadians for Accountability and presented by an Ottawa-based group called Peace Order and Good Government (POGG).

Vokes told The Tyee that he didn’t see himself so much as a “whistleblower,” but as an engineer trying to comply with his profession’s mandatory code of ethics.

“To me the most outstanding issue is the practice of engineering during the construction of pipelines,” says Vokes. Click here to read more.

via Pipeline whistleblower receives national award | The Hook.

Capitalist Opposition to Keystone XL: Environment is not the only reason to object to bitumen pipelines – so is ‘EROEI’

By Pipeline Observer Editors

Several high profile environmentalists were arrested protesting the proposed Keystone XL pipeline outside the White House Wednesday.

Not exactly new news, you might think.

Ordinarily, you’d be right.

Not this time.

Not only was this protest staged by the relatively conservative Sierra Club – abandoning its traditional anti-civil disobedience stance – it was also attended by another unlikely rookie protester.

Legendary investor Jeremy Grantham planned to be there too, Fortune magazine reports.

Now, the 74-year-old manager of over $100-billion in assets – with billions in the energy sector as well – is a well known proponent of man made climate change. Click here to read the whole article.

Bill 2: The Alberta Energy “Super Regulator” Land Grab

By Dave Core

Let’s put the recent Alberta Land theft bills into perspective and along with them the most recent Bill 2, the Super Regulator Bill.

Alberta has looked at the federal National Energy Board Act (another super regulator) with envy for decades.  Provincial regulators across Canada have watched and envied the federal government and their regulator (the NEB), as they have successfully taken private land and handed it to their pipeline company friends without any retaliation from the landowners or any real accountability.  At the same time, the private risks, liabilities and costs of having those pipelines in the ground were transferred to those landowners by having title of the land remain in the landowner’s name. Click here to read more.

 Pipeline Landowner Profiles: An Interview with Ian Goudy Part One

By Deborah McVicar

Ian Goudy is a retired mechanic and farm owner in Ontario. With a lifetime of experience dealing with pipeline companies, Ian spearheaded the first Integrity Dig Agreement in Canada and helped form the Lake Huron Pipeline Landowners association as well as the Gas Pipeline Landowners of Ontario. Ian is a proud husband and father and believes in the importance of having a social conscience. Click here to read the interview.

ABOUT CAEPLA

The Canadian Association of Energy and Pipeline Landowner Associations (CAEPLA) is Canada’s foremost and leading association of landowners who have a direct and ongoing interest in the way government and energy regulators define, and then influence, the relationships that exist between landowners and various aspects of the energy sector.

CAEPLA’s role is to advance the legitimate interests of property owners within the context of development, while at the same time provide all Canadians with a better understanding of the way property rights encourage responsible stewardship. A pro-development association, CAEPLA supports development that is responsible, sustainable, and respects the stewardship responsibilities of landowners to protect land and water for future generations.

______________________________________________________

Policy Centre Mailing Address: #363-918 16th Avenue NW, Calgary, AB T2M 0K3

Administration Mailing Address: #257-918 Albert Street, Regina, SK S4R 2P7 (306) 522-5000

Website: www.LandownerAssociation.ca

Copyright © 2013. All rights reserved.