Blog

Alberta's Property Rights Advocate Act (Bill 6)

Thu, 31 May 2012 06:00:00 GMT

The Alberta Government has introduced legislation to establish a Property Rights Advocate but the Plan is very short on detail and, to some, it will appear the province is already supposed to have one in the Farmer's Advocate.

The Property Rights Advocate will be put in place to strengthen landowner interests as development of infrastructure (well sites, pipelines, highways, powerlines) continues across the province. It's action recommended by a Government committee of 9 MLA's that toured the province last year listening to landowner concerns. What they heard was:

there are perceptions that compensation for infrastructure placed on freehold land is unfair and the process to appeal both compensation and actual siting/routing isn't fair
there's a perceived inability to access courts to appeal
there's a need for an independent Property Rights Advocate to counsel Albertans on their rights and how to navigate their way through various procedures and regulations

A Government speaker recently attended an IRWA luncheon in Calgary to provide more information but details were skimpy. The Bill is still in the Legislature so no Advocate has been chosen. The Office will likely be a small one with a Director (the "Advocate") and three staff. The Office will not be a quasi-judicial body.

One thing that is not clear is how this new Office will be different from the existing Farmer's Advocate Office whose mandate would appear to encompass the general purpose of what's being conceived for the Property Rights Advocate.

Wind Power projects nicked by low prices

Thu, 12 Apr 2012 06:00:00 GMT

Lower power market prices in Alberta and changes to Ontario's Feed-in Tariff rate have already resulted in the cancellation of some planned Wind Projects in Canada and may impact others being considered.

In March, Shell announced it was putting its massive "Wild Steer Butte" wind project in southern Alberta on hold. After a decade developing the near 800 MW project (almost 400 turbines) the company says it has the transmission interconnections figured out and can purchase the turbines but it needs a customer. Long-term power purchase arrangements are difficult in a merchant market where average pool prices are expected to be below $60 per megawatt hour (MWh) this year compared to over $80/MWh last year. Low natural gas prices have pulled down Alberta electricity prices in 2012 and aren't expected to go back up anytime soon. Wild Steer Butte was set to become the largest wind energy installation in Canada (in megawatts), more than three times the size of the current champion 200 MW Melancthon EcoPower Centre near Shelburne, Ontario (northwest of Toronto).

In Ontario, CanWEA and the rest of the industry is expressing concerns after the Government said it would cut the Feed-in-Tariff rates it pays for new Wind (and solar) projects. The province is dropping the guaranteed rate for for power from industrial wind turbines from 13.5 cents per kilowatt hour (~$135/MWh) to 11.5 cents per kilowatt hour (~$115/MWh). The industry knew the premiums were going to come down but even the President of CanWEA, Robert Hornung, told national media he was concerned that some wind projects may not be able to proceed under this pricing.

Despite pricing challenges, and increasing domestic challenges from residential stakeholders not in favour of wind turbines, the industry has grown substantially. Wind power capacity increased 21 percent around the world last year according to figures released by the Global Wind Energy Council. China is the World's largest producer of wind power; Canada ranks 9th. The United States ranks 2nd with Germany 3rd.

High Voltage Lines needed in Alberta - Review Committee

Mon, 13 Feb 2012 07:00:00 GMT

The Critical Transmission Review Committee has found that two high voltage (500 kV) transmission lines are needed between Edmonton and Calgary as soon as possible.

The Committee met with Albertans to hear their concerns and has studied forecasts showing a need to immediately reinforce the transmission grid and says those forecasts are reasonable. It further recommends changes to relatively new legislation under the Electric Statutes Amendment Act that gives Cabinet the authority to designate any future projects as "critical," therefore approving the need. The Committee is recommending the authority to review the need for future transmission projects be returned to the Alberta Utilities Commission. It also found the cost impact of developing the two high voltage lines (planned by AltaLink and ATCO Electric) will be $3 per month for the average residential consumer and that fears the lines are being built to export power to the United States are unfounded.

The Committee Report is available here.

The Five Critical Steps to successful Integrity Dig Programs

Mon, 23 Jan 2012 07:00:00 GMT

Landowner consents to access, coordinating schedules with contractors and surveyors, acquiring workspace... so many moving parts...

1. Centralized Project Management

One issue we have experienced with integrity programs is they are treated like operations and maintenance activities rather than "Projects." Management of these digs within the operating company is often not centralized to a single project manager who is ultimately responsible for ensuring all required pieces are in place to enable the program to run smoothly. This often results in delays in the program and costly delays as contractor crews are on standby as people scramble to get a forgotten authorization, permit or approval in place. There are many moving parts to an integrity dig program. Landowners must consent to access, that access must be suitable to the contractor, working space must be obtained, surveys must be undertaken, archaeological / wildlife or fisheries authorizations may need to be obtained, and construction timing constraints may apply. That is why each individual dig must be managed as a mini-project and the dig program must be managed as a major project for the operating company. Tools that work on major projects, such as Project scheduling that includes all inter-related and inter-dependent tasks, March Charts to identify all timing constraints, construction alignment sheets and centralized information (discussed below), should be implemented for dig programs as well. These project tools and controls don't have to be elaborate or time or cost intensive, they just need to be in place and the team needs to be strictly dedicated to using them.

2. Close communication between Survey / Land / Environment and Contractor

We have encountered several situations where the access acquired by the land team has been suitable for the environment and survey teams but inaccessible for the construction contractor. We have also seen situations where a lack of communication has not ensured commitments to landowners have been met. Formal and informal means of communication with the various team disciplines is essential to ensure that the program runs smoothly and minimizes the potential for waste in time and money. Periodic meetings of the entire Project Team are important to prevent "gaps" from occurring and systems to identify and track issues and concerns are essential. HMA's LADI database has been an essential tool for identifying and tracking issues and concerns to resolution. The systems must support many forms of documentation including consultation summaries, agreements, reports, drawings and photographs. All data should be spatially referenced and available on-line for real time availability.

3. Centralized shared database (e.g. GIS, SharePoint)

Building on points 1 & 2, Project Management is really about information sharing and communication management. The left hand needs to know what the right hand is doing and often, since project management is decentralized, various project information is siloed. Project Management and communication tools such as shared GIS, SharePoint or Base Camp are excellent ways to ensure all are informed and that project inter-dependencies are well understood and documented.

4. Collect ECI Information at the same time

Integrity Digs are often concentrated in specific areas in a particular season or year and fit well into the operating company's Landowner Visitation Program. These programs are typically focused on collecting Emergency Contact Information (ECI) data at a given time frequency (e.g. every three or four years), so why not collect information in areas of integrity digs while Land Agents and other integrity personnel are in the field already? This is a cost saving measure, but it also works well for public relations to inform landowners and residents of proposed activities in their area and provide information vital to living and working around pipelines.

5. Get the land team started early

Many of the Project sub-teams are seasonally time constrained. For example, the environmental work must be undertaken at certain biologically or environmentally relevant time periods. Survey crews and contractor crews may also be limited by season or ground conditions. Conducting landowner notification and/or obtaining necessary agreements is not typically seasonally constrained; therefore it's often beneficial to kick off the land crews early in the year so we can contact potentially affected landowners and obtain survey consent, working space and other agreements in advance. In this way once the weather or ground conditions are favourable, work activities can proceed quickly and simultaneously to optimize the amount of work that can be accomplished in the time windows available.

Our Safety Record - HMA continues excellent safety performance

Tue, 17 Jan 2012 07:00:00 GMT

Safety is a core company value at HMA Land Services Ltd. and we are committed to providing a safe work environment for our employees, clients and the public. We recognize the significant role that safety compliance plays in the success of our company, as well as, the success of our customers.

Understanding that our employees are our most valuable asset, we invest all needed resources to assure them the proper tools, training guidance and methods to work productively and safely every day; allowing them to return home to their families. We ensure strategic safety policies are in place and best-practices are adhered to throughout every aspect of our day-to-day operations.

Congratulations to all HMA staff and contract employees for another successful year of services while maintaining a zero Lost-Time Incident (LTI) record

We invite you to take a look at what we have achieved:

HMA Land Services Ltd. is proud of the health and safety performance of our professional and dedicated team. In consideration of all the hours worked and kilometres traveled, this is an admirable accomplishment.

HVDC transmission lines under review in Alberta

Mon, 09 Jan 2012 07:00:00 GMT

A review panel is considering arguments for and against two proposed HVDC transmission lines between the Edmonton and Calgary areas. It's a story that has seen transmission plans between the two major cities on and off more times than a faulty electrical connection in a bad storm.

It began in 2004 when the Alberta Electric System Operator (AESO - the non-profit statutory company charged with planning Alberta's transmission system) first identified the need for major transmission reinforcement between Edmonton and Calgary.

In 2006 the AESO sought and obtained regulatory approval for the need for the transmission reinforcement and assigned AltaLink to find the lowest impact route. Hearings went badly into that application with the regulator (the Energy and Utilities Board or EUB) eventually dissolving the entire process including the original approval of the need. Later the EUB itself was dissolved and the new regulator in place was the Alberta Utilities Commission (AUC).

In 2008 the AESO conducted substantial public consultation regarding the need for a 500 kV transmission line with the intention of filing its application again with the regulator.

Several months later the province introduced Bill 50, which eventually became the Electric Statutes Amendment Act, which, among other things, approved the need for transmission between Edmonton and Calgary. It actually approved the need for two 500 kV transmission lines right away. The Act further outlined that AltaLink was to build the line down the west side of the province while ATCO Electric was to build the line down the east side.

Both AltaLink and ATCO Electric conducted substantial public consultation and have filed their Facilities Applications with the AUC for proposed routes.

In 2011, the provincial Conservative government ordered a halt to the proceedings and appointed a review panel to look into the need for this transmission reinforcement.

Landowners, electricity producers and large and small consumers will make presentations to the panel in Calgary January 10, 11 & 12 and in Edmonton January 18, 19 & 20.

Anyone interested in the lines can view the proceedings in person or listen to an audio webcast at www.ctrc-ab.ca

The wobbly three-legged stool of Sustainable Development

Mon, 09 Jan 2012 07:00:00 GMT

Why Social License is the most important goal for new capital projects

When I look at the majority of new legislation being passed in Canada that is applicable to new capital projects, I see concepts such as sustainable development and new frameworks for consideration of the Public Interest.

The focus of Sustainable Development and the growing movement toward Corporate Social Responsibility is the three legged stool of environment, economic and social impact. Legislation and regulations have provided further clarity around environment and Environmental Impact Assessment (EIA), and practitioners have clearly developed frameworks to analyze environmental impact; however, that same clarity has not been provided around social impact and economic benefit.

When it comes to economic benefit, a case can always be made around the number of dollars being spent, the number of jobs being created and the benefit to existing and new local business of a proposed project. However, the same certainty cannot be presented in the area of social impact.

What is a significant social effect or benefit? Can Community Support or a Community's core values be a valued socioeconomic component that can be assessed and protected in the public interest?

In the 1980’s and 1990's we saw effective legislation being drafted in the interests of protecting the environment. And with it, we witnessed a huge growth in the environmental services sector. In 1985 the environmental consulting services industry was a collection of "mom & pop" companies that filled a specific niche of interest (soils companies, water companies, foresters, agrologists etc). In the 1990s and the first decade of this century this industry experienced a paradigm shift not dissimilar in many ways to the internet in terms of changing the way people fundamentally think.

Today, the environmental companies are some of the largest service providers in the consulting services space. Western Canadian companies like Golder, Stantec, AMEC are dominant forces. Each of these started as Engineering companies that had the foresight to grow into this new space and today the engineering services departments in these companies take a back seat in revenue generation to, and derive much of their revenue from, supporting their environmental upstart colleagues.

When I started in environmental consulting, I was an anomaly because I didn't have a beard or even own a pair of Birkenstocks. Environmental consultants didn't own suits and were never allowed in the Boardroom. Today, Environment has earned a seat at the adult's table. Most project strategy development centres around minimizing environment footprint, minimizing environmental impact and ensuring environmental compliance, as environment has often been the hurdle that was insurmountable for project approval. Today environmental performance is on par with worker safety, engineering integrity and commercial considerations; it is fundamental to a project and core to its perceived success.

Looking beyond today there is a sea change. Projects are able to leap the gap past significant environmental impact through better mitigation and science surrounding impact assessment determination, but are still stumbling and never crossing the finish line. Recent unsuccessful projects have been environmentally-acceptable to regulators, but misalignment with Aboriginal and stakeholder interests and community values have been the fatal flaw that held them back. One only has to look at the Joint Panel Review and/or NEB decisions for projects like Kemess Mine, Whites Point Quarry and Sumas to see that it is not the environmental issues but the people issues that stop these projects.

So why is this happening? Why are communities rallying against these projects? Why are landowner associations forming, community interests groups intervening and public opposition growing? How are these companies getting so cross-threaded with the communities that they may impact or benefit?

It isn't for lack of caring or disrespect for the people that live there. But it may be lack of having all the right people at the table or not incorporating community core values into the project strategy. What I believe is needed is a paradigm shift similar to the environmental wave of the early 1990's where social impact and community values and fair dealings become the fourth pillar beside commercial viability, engineering feasibility, and environmental sustainability.

In my early project days of the 1980's it was the engineers that led the way of integrity. Their code of ethics, strong precautionary controls and professional organizations ensured their integrity was equivalent to other professionals of medicine and law. Even their Canadian symbol - the iron ring - was an ever present reminder of what can happen when rules are bent and integrity is allowed to slip. At that time, the engineers were the unquestioned leaders of projects. They directed my bearded, open-toed colleagues who collected environmental information to support a project proceeding. Then environmental professionals developed their own rules, standards and ethics. They evolved their discipline into a true profession that held its own rules of integrity. Today, it is those disciplines that deal with people that are developing standards, rules and best practices that are being followed in the hope that they will assist a project's approvals.

Will the stakeholder relations service industry see the same growth as was seen in environmental performance? And who will lead this next stepwise progression in project leadership? Will it be the land companies or the consultation practitioners who deal with stakeholders day-to-day? Or will it be some other forward thinking professions that lead the charge?

I think that the first battle is to realize the sea change is upon us and try to convince project proponents that it is real and non-negotiable. Then I believe there is an opportunity that can be seized by those who claim the space.

Trans Mountain Pipeline decision

Thu, 15 Dec 2011 07:00:00 GMT

There seems to be some confusion regarding what was approved recently by the National Energy Board (NEB) with regard to the Kinder Morgan Trans Mountain Pipeline application. Specifically the NEB has approved Trans Mountain's Firm Service application. the NEB has NOT approved the twinning of the Pipeline; Trans Mountain hasn't applied to twin the pipeline.

Firm Service is an allocation of long-term contracts for oil moving through the pipeline to the Westridge Marine Terminal. the NEB approval increases the bpd to shippers under long-term contracts from 50,000 to 54,000. Another 25,000 bpd will be sold by monthly bid.

The increase in firm bid capacity (not pipeline capacity) means Kinder Morgan can charge a premium toll. The fact shippers are willing to pay (long-term) speaks to the price advantage and the need to have the ability to export more barrels offshore.

Link to the NEB decision here.

Did You Know (in Ontario)?

Thu, 15 Dec 2011 07:00:00 GMT

HMA has expanded its services into Ontario. Over the past year, several senior land agents have been working ona number of projects in the northwest, northeast and central & southern Ontario.

One example of this work is a series of public awareness consultations with landowners in support of Hydrostatic testing of gas pipelines. Much of Ontario's existing pipeline infrastructure is well-built but aging. Companies are finding it prudent to embark on practive programs, like pressure tests, to ensure the integrity of their pipelines. Senior, professional land agents, assist by contacting landowners, listening to their concerns and helping them understand long-term plans to provide save pipeline operations for decades to come.

HMA on the ILM Project

Thu, 15 Dec 2011 07:00:00 GMT

BC Hydro announced this month that Flatiron-Graham will design and build the Interior to Lower Mainland (ILM) transmission line. It's a three year construction term that will generate about 540 person-years of employment and HMA is involved.

HMA is delighted to be the land company working with Flatiron-Graham on this extremely important project. ILM will expand the capacity of the BC transmission system that brings power from where it's generated in the north and southern interior of the province to the load centres in the Lower Mainland and Vancouver Island (an area with a population of 1.4 million and growing).

Flatiron-Graham will be responsible for the design, materials procurement and overall construction of the 250 km transmission line. Part of the role HMA has on the Project is to provide landowner-relations support during construction; ensuring landowners are kept apprised of the construction schedule and that work crews have the timely access they need to different sites to complete the installation of the transmission line.

Canada's Infrastructure Boom

Tue, 29 Nov 2011 07:00:00 GMT

A recent article in the Globe and Mail illustrates a view by CIBC World Markets that private and P3 (Public-Private-Partnerships) funding is experiencing a super-cycle in Canada and will continue to do so in the coming future.

From new power generation to electric transmission projects to pipelines; several projects led by HMA clients are mentioned. Always interesting to look at the reader comments to the story too.

Helping underprivileged children in Cambodia

Tue, 29 Nov 2011 07:00:00 GMT

HMA wants to salute Ron Marsh, a Land Representative in Ontario with TransCanada Pipelines, who spent a number of weeks in Cambodia recently to help his niece run a school and food bank for underprivileged children.

The organization is called ABC's and Rice, it's a non-profit charity in Cambodia to help children. Ron is spending his annual holiday time to help.

IRWA Chapter 48 Curling Funspiel

Fri, 18 Nov 2011 07:00:00 GMT

Four of HMA's finest took part in November's IRWA Chapter 48 Curling Funspiel. The annual event is put on by the Calgary-based Chapter of the International Right of Way Association.

"Skip" Kent T is all focus

HMA's Molly K between shots

Hydraulic Fracturing = Tidal Wave?

Tue, 08 Nov 2011 19:25:00 GMT

I attended an excellent seminar on Hydraulic Fracturing in October. It was put on by Wally Braul with Fraser Milner Casgrain (FMC) and had a number of speakers including William Lozier and Ed Hinchey of Environmental Resources Management as well as Alex MacWiliam of FMC. Most notably was a presentation by Barclay Nicholson who is a Partner with Fulbright and Jaworski LLP from Houston.

Barclay's legal practice has focused on Hydraulic Fracturing (frac'ing) since this optimization practice began to rise as an issue in 2009. Today in the United States, 38 of 50 States now have regulations dealing with Hydraulic Fracturing and areas of the US are inundated with anti-frac'ing messaging (including a number of commercials by well-known celebrities), anti-frac'ing web sites and a large number of civil lawsuits and State and Federal regulatory actions. Barclay believes there is a Tidal Wave about to crash in Canada in the next few years focused on the issue of Frac'ing. Click here to see an analysis of current US Litigation involving hydraulic fracturing.

At the heart of the Frac'ing controversy is the alleged impact on water quality and increasing attention from the media, the Environmental Protection Agency, Congress and State and Federal agencies. This, fueled by anti-frac'ing messages like the Fracking Song on Youtube and I Love My NY Water, has caused great concern for people in the US. Western Canadians are no strangers to hydraulic fracturing, but its use is more and more prevalent as we try to coax oil and gas from tighter reservoirs.

This issue reminds me of the anti-oilsands campaigns that Canada has been subjected to in the last few years, where large amounts of US money is being spent on anti-oilsands messaging and pseudo-science and the information being spread has largely been unanswered by the industry and government until it has reached a state where it is too large and too vocal to be ignored any longer.

What is needed here is that we learn from past lessons and get out in front of this issue, obtain a full understanding and communicate the real risks of hydraulic fracturing. this is where solid grass-roots consultation with directly affected stakeholders and interested parties must be undertaken with truth and integrity. We need to get in front of it, not with Rap songs and cameos from Ethan Hawke, but with meaningful dialogue between project proponents and potentially impacted stakeholders.

Paul Anderson

Alberta's Heartland Transmission Line

Tue, 08 Nov 2011 07:00:00 GMT

Like a phoenix rising, the Heartland Transmission line east of Edmonton was postponed in the morning a couple weeks ago only to be resurrected and ultimately approved by the regulator.

The 66 km line matches the highest voltage ever constructed in Alberta designed to connect a major substation in south Edmonton to the Industrial Heartland area north and east of the Alberta capital.

The now approved route will go through a Transportation Utility Corridor purchased by the Alberta Government in the 1970's, in part, for overhead transmission lines. But substantial residential opposition to the route and demand for the line to be buried created public controversy and an Alberta media storm. In mid-October, just days before the decision on the route was to be rendered by the Alberta Utilities Commission (AUC), new Energy Minister Ted Morton sent a letter to the regulator asking that Heartland, along with two other projects, be suspended pending a Government review. Hours later, new Premier, Allison Redford, lifted the suspension, attributing the confusion to miscommunication.

On November 1, the AUC announced its routing decision much to the disappointment (and anger) of some local residents.

There are now two main forms of appeal for residents and local municipalities still opposed to the line's route. They can request a Review and Variance by the AUC if they are able to suggest new information has been brought to light since the Commission considered the facts. They may also launch an appeal through the Alberta Court of Appeal.

NEB approves KM LNG Application for Export License

Tue, 08 Nov 2011 07:00:00 GMT

It's the first of its kind.

The National Energy Board (NEB) has issued its decision approving the KM LNG Application for an Export License.

The project is a 20 year license to export liquefied natural gas (LNG) from a facility to be constructed at Kitimat, BC. The natural gas will supply three producers: Apache Canada, EnCana Corp and EOG Resources from the Western Canadian Sedimentary Basin. It will be transported to Kitimat via the Westcoast system and Pactific Trails Pipeline (PTP) serving Asia-Pacific markets. The NEG approval is for the volume requested (9.360 bcf) equated to 1.28 bcfd for the term of the 20 year License.

There are several other applications, related to the project, before the Board that still require approval.

Enbridge First Nations and Business Summit

Fri, 04 Nov 2011 06:00:00 GMT

A couple days ago, Enbridge hosted a Summit with Business and Aboriginal leaders from most of the First Nations communities along the proposed route for its Northern Gateway Pipeline Project. The Summit was attended by over 350 people and there was keen interest from both businesses and communities about the opportunities offered by the Project. Northern Gateway is committed to a goal of $300 million in Aboriginal procurement and services contracts associated with construction. During the Summit, Northern Gateway announced it had committed to $1.5 million in training and education to be avavilable with matching funding expected from both provincial governments (BC & Alberta) and Federal sources. The project is also offering Aboriginal equity ownership and other project inducements which, in total, set the expected benefits to Aboriginal communities at $1 billion.

The Northern Gateway Project requires the approval of the National Energy Board through the Joint Review Panel process currently underway.

Utilities Siting Workshop

Wed, 05 Oct 2011 06:00:00 GMT

Congratulations to BC Hydro and the Canadian Electricity Association for a wonderful job hosting the Utilities Siting Workshop in Vancouver, BC this week. This is a regular event that draws representatives from across North America together to discuss a common goal... how to develop a fair and effective plan to site electric transmission lines.

It's clear, that early and continuous public and landowner consultation are two requirements of a successful plan. Both BC Hydro and Hydro One, effectively outlined public engagement processes from case studies that managed to get projects built achieving general public satisfaction.

Results outlined from Innovative Research also highlighted that a key component to successful consultation is making people aware of the "Need" for transmission infrastructure but that "reliability of supply" has not proven an effective message.

For more details on the event, please contact ddowns@hmaland.com.

It's the first time this workshop has been held in Canada; it's normally held in the United States. The Edison Electric Institute and National Rural Electric Cooperative Association organize the event.

HMA Staffers donate dunk tank funds to charity

Fri, 16 Sep 2011 06:00:00 GMT

Recently this summer we held our client/staff Stampede BBQ. We added a dunk tank to the fun with different HMA staffers braving the water and donations being raised to dunk them. We raised $235 that afternoon and this September we donated all of it to the Coast to Coast Ride Against Cancer; the only national charity devoted to fighting childhood cancer.

Western Canada Power Industry Updates

Fri, 08 Apr 2011 06:00:00 GMT

In BC, new Premier Christy Clark is getting comfortable with her new Cabinet. Rich Coleman is the new Minister of Energy and Mines while Terry Lake is the new Minister for the Environment.

New BC Minister of Energy and Mines Rich Coleman

Coleman has wasted no time getting involved in his new portfolio saying he intends to conduct an indepth review of BC Hydro and wants justification for a proposed rate increase. Like other jurisdictions throughout North America, BC Hydro is basing its rate increase on the need to overhaul the provincial transmission system.

ILM Project in BC

The Interior to Lower Mainland (ILM) Project is a proposed 500 kV line from Merritt to Coquitland (255 km) following an existing Right-of-Way.

The regulator (BCUC) originally approved the need for the line back in 2008 but several First Nations appealed. After review, the BCUC has decided BC Hydro should further advise several First Nations regarding:
• non-wires options
• HVDC options

The ILM Project passes through very rugged terrain

The Project continues to move forward. BC Hydro says it will continue to consult with the more than 60 First Nations and seven Tribal Councils involved. The ILM Project will be built as a design-build contract with three Contractors short-listed and final proposals due this Spring.

Property Rights a Hot Topic in Alberta

The ruling Conservatives in Alberta have promised to review controversial land-use laws in the Spring sitting of the Legislature. The situation originates back in 2007 when landowners learned the Energy and Utilities Board (EUB) had hired private investigators to get involved in a Hearing. There were accusations of “spying,” a scandal unfolded and the EUB was disbanded into two new regulatory bodies for oil and gas (Energy Resources Conservation Board) and utilities (Alberta Utilities Commission). Along the way several new pieces of legislation were also passed:

Bill 46 - Utilities Commission Act
Bill 19 - Land Assembly Project Area Act
Bill 36 - Alberta Land Stewardship Act
Bill 50 - Electric Statutes Amendment Act

Outspoken critics of Government, and some landowners, have said the new laws restrict their abilities to speak out at hearings, give Government power to take control of private land for power lines and pipelines, and take away the need for regulatory review of the need for new transmission lines.

The Wilerose Alliance Party, in a virtual tie with the Conservatives in some polls, says they will repeal Bills 19, 36 and 50 if elected. The Conservatives have now said they will conduct reviews of Bills 19 & 36.

New Transmission lines planned in southwest Saskatchewan

SaskPower is proposing two new 230 kV transmission lines in the area to supply electricity to TransCanada’s projects in the southwest. One of the lines is to supply service to the TCC Keystone Piapot site while the other is for the TCC Keystone Grassy Creek site.

In addition, SaskPower is proposing to expand the transmission capacity in the Saskatoon area with several new Switching Stations and transmission lines to facilitate the area’s growth http://www.saskpower.com/news_publications/news_releases/?p=1166&linkid=news_releases

New Registry Fees in Alberta

Fri, 08 Apr 2011 06:00:00 GMT

Did you know Alberta Government fees for Land Titles and other Registry fees have increased?

Service Alberta fees for various Registry functions have increased substantially including fees for Land Titles. In some cases the fees will more than triple:

NEW FEES STARTING APRIL 1, 2011

Service	New Fee	Old Fee
Land Title Searches	10.00	5.00
Non-Patent Sheet Certificate	10.00	5.00
Condominium Additional Plan Sheet Certificate	10.00	5.00
Land Title Transfers	50.00	35.00
Land Title Mortgages	50.00	15.00
Land Title Caveats	30.00	15.00
Certified Current Title	10.00	3.00
Certified Current Historical Title	10.00	3.00
Certified Cancelled Title	10.00	3.00
Online View of Full Certified Title	10.00	3.00
Fax Certified Title	10.00	3.00
On-Line Document Search	10.00	3.00

The Government says new revenues generated by the increased fees will go toward the costs of administering the various registries http://www.servicealberta.gov.ab.ca/1746.cfm#JM_Land.

People who drive cars, go camping and buy new homes will also see rising Registration fees.

HMA's Safety Management System

Wed, 23 Mar 2011 06:00:00 GMT

HMA Land Services is committed to ensuring the health and safety of our employees, our clients and the public. It is a core value of HMA and is a responsibility shared by both management and staff.

HMA aligns itself with industry in taking a serious approach to managing safety in the workplace and at all HMA worksites. From our office locations to pipeline construction sites and landowner properties or driving down roadways, the potential for hazards must always be recognized and managed.

HMA’s Health, Safety & Environmental (HSE) Management Program is based on the outlined elements and standards established through Enform’s Basic Safety Program Guidelines.

HMA makes every effort to realize and maintain ‘top-tier’ safety performance in providing a healthful and safe working environment. We aim to meet and exceed the safety targets of our partners and industry, with a communicated expectation of exemplary safety performance by our personnel.

The objective for our Health, Safety and Environment Loss Prevention System is zero workplace injuries and work-related illness. This is achieved by increasing health and safety awareness for all workers through appropriate training and accountability acknowledgement.

HMA participates in Alberta WCB’s Partners in Injury Reduction (PIR) Program and is confident that we have an adequate and effective safety program in place to meet the needs of industry, including the core elements of hazard assessments, incident management, insurance certificates, WCB management, and policies for drug and alcohol, workplace violence, working alone and much more.

We recognize our responsibility to maintain compliance with all aspects relating to the management of safety performance in ensuring the health and safety of all employees and contractors.

HMA's Health, Safety and Environment Policy

Wed, 23 Mar 2011 06:00:00 GMT

ENFORM, as the safety association representing the Oil & Gas Industry, establishes criteria for the development and implementation of safety management programs. One primary element of concern for operating companies is the procurement and monitoring of contractors. Some questions put forth by ENFORM in identifying competent contractors include:

Does the Contractor have a documented OHS program meeting regulatory requirements?
Does the Contractor have a documented policy statement signed by senior management?
How does management show their commitment to safety?
Has the Contractor issued a statement declaring his/her compliance with the OH&S Act and Regulations

In this context, HMA has developed and implemented a strong health and safety policy which clearly states our commitment to safety management.

HEALTH, SAFETY AND ENVIRONMENTAL POLICY

HMA Land Services Ltd. (HMA) is committed to the health and safety of our employees, contract personnel, visitors and those in the community who may be affected by our activities. Protection from injury and occupational disease is a primary goal that all employees – managers and workers – are dedicated to.

HMA also recognizes that the protection of the environment is essential to our success and we will care for the environment through a commitment to ensure company practices have a minimal environmental impact.

Continual improvement will be achieved by implementing HMA’s Health, Safety & Environmental (HSE) Program Standards, which will include the setting of goals and objectives. As a minimum, the standards will be meet legal and industry requirements and comply with applicable government legislation.

HMA aims to control and, where possible, eliminate health, safety and environmental impacts that may result from any of its operations by utilizing an Internal Responsibility System (IRS) approach, taking into account the needs of its customers and society at large. All activities will be assessed for health, safety and environmental impact.

All employees are expected to accept their responsibility to work safely, adhere to HMA’s HSE Program Standards and contribute to the maintenance of the HSE Management Program. Employees are responsible for knowing the hazards associated with their tasks, understanding and complying with applicable legislation, company policies and procedures, and suggesting ways and means to reduce risk. Employees who become aware of any HSE related issue are directed to notify their manager as soon as possible.

HMA’s President, General Manager and Project Managers are responsible for enacting this policy and giving HSE equal weighting with all other business issues. While we are each responsible, we are much more effective when we work as a team. HMA is committed to effective communication and consultation on health, safety and environmental matters with all relevant parties and will report internally on its HSE performance on a regular basis. HMA will provide appropriate health, safety and environmental training to employees to enable them to meet the required standards of performance.

Through cooperation and the full acceptance of the responsibility to consider health, safety and the environment in every activity, we will continue to make HMA a safe place to work.

Paul Anderson
President, HMA Land Services Ltd.
March 23, 2011

HMA's Workplace Safety

Sat, 15 Jan 2011 07:00:00 GMT

Our workplace is where we spend the majority of our day so it’s important to ensure employees, contract employees and visitors feel safe, secure and comfortable. Apart from the work culture, company policies and ergonomic considerations, workplace safety contributes to overall employee satisfaction.

Different employees do different types of work at HMA and there are always elements of risk – some elevated and others are less exposed to risk. Land Agents, for example, drive many hours and kilometres under varying weather and road conditions. As such, the potential for incidents to occur is significantly greater than in an office setting. In contrast, the Land Administration Team at HMA has a relatively low potential for hazard exposures leading to injury or illness as compared to a field position, although they are certainly not excluded from that potential.

Lead by HMA’s Management Team and me, the HSE Advisor, it includes the development, training, implementation, and execution of various safety program elements and policies. More importantly, however, is to routinely measure conformance with those elements and incorporate safety into HMA’s day-to-day operating culture – an element HMA routinely emphasizes.

- Mike Judson, HSE Advisor

Alberta's Transmission Plans Beginning to Unfold

Fri, 14 Jan 2011 07:00:00 GMT

In Alberta, bold plans to substantially expand high voltage transmission in the province continue to take shape.

AltaLink has identified its preferred and alternative routes for the Western Alberta Transmission Line. The proposed HVDC (High Voltage Direct Current) transmission line will connect coal-fired electricity generation in the Genesee area west of Edmonton to a substation east of Calgary. The preferred Altalink route parallels 220 kilometres of existing transmission lines and is the result of 23 open houses, 15 information centres and 4,500 conversations with stakeholders by AltaLink. The company says it plans to file its Facilities Application with the regulator (Alberta Utilities Commission) in early 2011.

A second HVDC line is being developed by ATCO Electric connecting the Industrial Heartland area northeast of Edmonton to the Brooks area; a preferred route has not yet been identified http://hvdc.atcoelectric.com/.

Meantime a Hearing date of April 11, 2011 has been set by the Alberta Utilities Commission (AUC) for the Heartland Transmission Project. AltaLink and EPCOR have filed their Facilities Application for the 240 kV and 500 kV transmission infrastructure to connect a substation in south Edmonton to the Industrial Heartland region northeast of Edmonton. The preferred route includes the Transportation Utility Corridor (TUC) on Edmonton’s east side; critics have insisted a portion of the 500 kV line should be buried underground.

AUC Process For Heartland Transmision Hearings

Wed, 15 Dec 2010 07:00:00 GMT

On November 2 2010, the Alberta Utilities Commission (AUC) held a Process Meeting to identify and address issues regarding the Heartland Transmission Project Application. The Process Meeting was held in Edmonton, the purpose to identify potential issues and as well establish a Pre-hearing Schedule for the Public Hearing.

The hearing issues identified included:

Route Selection
Human & Animal Health and Safety
Environmental Impacts
Underground construction/operation
Scope of Public Interest
Social & Economic Impacts
Land Use and Visual Impacts
Land Use Classification Planning
Public Consultation
Impacts on Agricultural Operations
Impacts on Existing Business Operations
Impacts on heliports & airstrips

The AUC further established parties located within 800 m of the preferred or alternate right of way would have standing, and those outside this corridor would not. Landowner groups and a number of municipalities would have standing, in addition to ATCO Electric, ENMAX Power and NOVA Chemicals. Both the AESO and the Office of Utilities Consumer Advocate would also have standing. Intervenor funding would also be available.

On Nov 8 2010, the AUC announced both the date for the public hearing into the Heartland Transmission Project Application, as well as the Pre-Hearing Schedule.

Pre-Hearing Schedule:

Info Requests to Applicants by AUC (November 8, 2010)
Info Requests to Applicants by Intervenors (December 1)
Applicant Responds to Info Requests (December 22)
Notice of Hearing Issued (January 2011)
Intervenor Evidence Due (February 28)
Information Requests to Intervenors (March 11)
Intervenors Respond to Info Requests (March 25)
Applicant Files Reply Evidence (April 4)
Public Hearing Begins (April 11)

NEB Grants CFOL Leave to Open Ojay Pipeline

Wed, 15 Dec 2010 07:00:00 GMT

On November 24, 2010, the NEB issued Order GPLO-C357-07-2010 granting Canadian Forest Oil Ltd. Leave to Open for the Ojay Pipeline Project from LSD a-65-A, 93-I-9 in British Columbia to LSD 13-9-64-13 W6M in Alberta. This is a significant milestone for HMA as we prepared the Section 58 Application for this pipeline as well as assisted in responses to Information Requests, submission of compliance documents and the application for Leave to Open.

Congratulations to Canadian Forest Oil for completing their first ever NEB regulated Pipeline Facility!

Links:
NEB Order - Leave to Open

Important Direction Regarding the Crown’s Duty to Consult

Wed, 15 Dec 2010 07:00:00 GMT

Little Salmon First Nation - Supreme Court of Canada Decision

On November 19, 2010, the Supreme Court of Canada released its fifth decision dealing with the Crown’s duty to consult aboriginal peoples — Beckman v. Little Salmon/Carmacks First Nation ("Little Salmon"). The Little Salmon decision is significant not only because it is the first Supreme Court decision to address modern treaties in the context of the Crown’s duty to consult, but also because of its extensive discussion of the nature of the duty and its practical application, particularly when dealing with the rights and interests of private third parties.

The case centers around an agricultural lease for a 65-hectare parcel of land north of Carmacks, within the traditional territory of the Little Salmon Carmacks First Nation. Little Salmon Carmacks officials expressed concern that agricultural use of the land would interfere with the nearby trapline of one of its elders.

In court, the Yukon government argued that its agreement with the First Nation already details each party’s obligations and that imposing any further consultation obligations would effectively give First Nations veto powers over development applications. The Court said that there was enough consultation in this case to allow the sale of 65 hectares for agricultural development on the trapline of Elder, Johnnie Sam.

The Court explained that the parties to a Land Claims Agreement must implement the terms of that agreement, and must recognize that the duty to consult, based in the "Honour of the Crown", is a component part of how Agreement is interpreted and performed. The Court was clear that the duty is not a way to renegotiate the terms of the Agreement, but is needed to help manage the important ongoing relationship between the government and the First Nation.

The importance of this case may be that this decision triggers a greater respect for the work required to implement land claims agreements as a very important step in the long journey of reconciliation. A significant responsibility on the First Nations is now recognized to engage diligently in the process of Consultation whenever there is a perceived threat on their rights or interests.

Links:

The Supreme Court Decision

Case Summary

For an overview of the doctrine of Duty to Consult and a link to the video webcast of this case, check out Prof. Dwight Newman's (University of Saskatchewan) resource page. http://www.thedutytoconsult.com/

27th Annual IRWA Curling Funspiel

Wed, 01 Dec 2010 07:00:00 GMT

HMA was pleased to field 2 teams in the 27th annual International Right-of-way Association's (IRWA) Funspiel on November 18, 2010. Curling is like a game of chess on ice, it's a game of skill and thinking one step ahead of your opponent.

Of the 18 teams in total one of HMA's team's placed 4th while the other carried away the toilet bowl (last place) prize home. It was a good job done by all.

HMA would like to thank the IRWA committee who put on a fun and well coordinated event. HMA was very happy to attend and can't wait to make it an annual event!

Government and Canada and NWT Respond to JRP Report

Wed, 01 Dec 2010 07:00:00 GMT

On Nov 15 2010, the Governments of Canada and the Northwest Territories (Government) issued a Final Response to the Joint Review Panel Report for the Mackenzie Gas Project. The JRP had issued its report outlining 176 recommendations and concluded, if all recommendations were adopted, significant adverse effects from the Mackenzie Gas Project would be avoided.

In its response, the Government stated that of the 176 recommendations, 115 were applicable to the Government of Canada and Government of the NWT. Of these, the intent of 88 of the recommendations were accepted (with only 11 being accepted and adopted as written). An astounding 27 of the recommendations were rejected. The recommendations were rejected because the Government disagreed with the recommendation (7), or were considered to be outside of the jurisdication of the Government (20). 60 of the recommendations were “punted” to the NEB and one to the Province of Alberta.

This case continues to be one of the most interesting in Canadian history. The NEB is supposed to release their Reasons for Decision report before the end of the year, it will be a very interesting read.