Oil & Gas Pipelines
Oil & Gas Pipelines - addressing old issues
Large oil and gas transmission pipelines arrived on the scene in British Columbia during the 1950s with the construction of the Trans Mountain Pipeline [now owned by Kinder Morgan] across the Rockies to Burnaby BC and on down into the US. It was followed by the construction of a gas pipeline built by the same investors and contracting company. And so it began. Pipelines for the most part follow major transportation corridors which of coarse run through the passes through the mountains. Land owners received $10.00 per lineal rod in compensation and no compensation for injurious affection.
The oil pipelines traverse Indian Reserves pursuant to a section 35 (of the Indian Act) easement. The Westcoast Energy Gas Pipeline (now Spectra) also traverses Indian Reserves pursuant to a sec 35 easement. Inland Natural Gas [BC Gas, Fortis BC] pipelines traverse reserves pursuant to either a sec 35 or a sec 28(2) depending upon the decade in which they were constructed.
There are a number of issues associated with these pipeline instruments and at times the pipelines or easements themselves. Permits for the easement need to be properly assigned with the minister's approval should they change hands through a sale. There are conditions in the 28(2)'s and sec 35 Indentures which need to be adhered to. But there has been little oversight by Indian Affairs.
In order to effectively negotiate either a permit fee renewal, a widening of the right of way on reserve, or an IBA off-reserve, knowledge regarding the existing pipeline and easement is a necessity. At LVB Strategic Negotiations & Research Group Inc. we can provide that knowledge through research and report preparation. We can also assist in the negotiation of fair compensation. Contact us at [email protected]