Harper - tough on "crime"?

[grassfarmer]

Got the article below from CAEPLA. Another great
move by your beloved Harper Government eh Tom?

New Law Makes Farmers and Ranchers Criminals to
Protect Old and Decaying Pipelines

by Dave Core

The multi-billion dollar pipeline industry and their
lobbyists have successfully convinced this federal
government to turn their backs on respect for
property rights. Misguided MPs have now decided to
secretly discriminate and persecute farmers and
ranchers across Canada to protect pipeline companies
from having to upgrade their aging unsafe pipelines.
It should be the companies and their CEOs who face
the fines and jail time for safety and contamination
issues resulting from leaving old, shallow, corroding,
leaking pipes in the ground.

Hidden in the bowels of the Omnibus Budget Bill (C-
38) passed in late June, are changes to Section 112 of
the National Energy Board Act (the control zone and
crossing section).

These changes now make it imperative for farmers to
have permission every time they cross pipelines in
their fields and grasslands. Now there is a new suite
of direct penalties for anyone unknowingly breaking
the rules of Section 112(1) (the requirement for leave
from the Board to work within 30 metres of a pipeline
easement - the 30 metre control zone) or Section
112(2) (the requirement for leave from the pipeline
company for permission to cross the pipeline with a
vehicle or mobile equipment): on summary
conviction, a fine of up to $100,000 and/or
imprisonment up to 1 year; on conviction on
indictment, a fine of up to $1,000,000 and/or
imprisonment up to 5 years.

Is it in the public interest to persecute our food
producers to protect multi-billion dollar oil, gas and
pipeline companies?

[sumdumguy]

Absurd, absolutely absurd!

[per]

So let's all phone for permission every time we cross a line. I could jam the switch board myself. Fight stupid with ridiculous.

[ASRG]

What many don't know is the 30 meter control zone also now applies to ERCB pipelines? Legally you should be getting permission before you pound in a fence post.......within the 30 meter control zone on each side of the pipeline right of way!
When you "apply for permission" the ERCB will inspect within 7 "business days"!
This is directly from the ERCB "pipeline specialist" at the C-MAG synergy meeting in Olds, Alberta.
The speech was the ERCB would not enforce this silly legality......but if there was a problem you were liable!

[nicolaas]

I know a guy using a sc****r in his field for drainage. Ripped up a gas line ( luckily a LP one used for houses) and it was only 5 " in the ground. THey are supposed to be buried 3 feet. Luckily he only had to pay 2000.00 or so. THis happened about 15 years ago. I believe that the onus was always on the farmer, not the pipeline company. I do not think farmers were ever exempt.

[wd9]

It may have been a gas coop owned by the
farmers hence the charge. He may have
ripped up his own owned line and the story
just grew from that.

[GreenValley]

On second thought, we need oil to run tractor, combine, truck, etc to service food supplies. We need gasoline to drive and buy grocery . We need natural gas to heat our home. On other hand, if no oil or gas in Alberta and what we Albertan living look like. Back to old stone age, use horse to town buy grocery, use horse to harvest crop or back to caveman. lol. Just look Japan has no energy resource but nuclear. Yep, we Albertan, need protect our energy resource but little harsh on us, farmer oh well you can't win them all. On other hand what your thought, Perhaps back to stone age. We going forward not backward time. period.

[ASRG]

I don't think anyone is saying you shouldn't have to respect the right of way? But 30 meters "control zone" on each side of the pipeline?
30 meters you never got paid one cent for....and you have to get permission to do anything on your own land outside the legal right of way? A "control zone" that was not there when you signed the original deal? Something isn't right there? It is a regulatory taking.

[sewen]

With the demands that they make one would think that there should be a yearly rental payment on pipelines.

[sumdumguy]

Farmers are not compensated. The paltry
payment in beginning does not begin to pay for
someone taking a chunk right thriugh your farm,
leaving you with a weed problem, soil problem.

Farmers need to unite before the government
gives away all of our rights? Anyone know of a
group to resist now?

[ASRG]

sumdumguy: Where are you at? CAEPLA (Canadian association of Energy Pipeline Landowners Assc.) does a lot of good work....they are mostly in Sask. now.
Alberta Surface Rights Group in Alberta.
Website www.albertasurfacerights.com

Manitoba has a pipeline group, but not sure about contacts.

[grassfarmer]

It gets worse sumdumguy - the NEB has decided that
ownership of abandoned pipeline should be
transferred to the landowner. The pipeline company
will apply to the NEB to abandon the pipeline in place.
When the NEB approves the abandonment they no
longer have any jurisdiction - you are the proud
owner of an old pipeline. If there is contamination, or
if the pipeline collapses leaving you with a ditch you
are responsible. If your neighbours land gets
contaminated because the pipeline on your land acts
as a conduit to carry the contaminants onto his land
he could sue you for his remediation costs.

I think this is outrageous - you are not compensated
when you have wells or pipelines to take on this kind
of potentially toxic legacy. We don't get a share of
royalties, only paid for surface inconvenience so why
should we assume the risk/cost/hazard of the oil
companies abandoned pipeline?

Get in touch with CAEPLA if you want to get involved.
They have an important court date coming up Oct 30
where they want lots of landowners to turn up.
www.landownerassociation.ca

[ASRG]

grassfarmer: I'm not completely sure how NEB pipelines work but on ERCB pipelines you take the standard right of way contract and change under "the clause discontinuance and abandonment", the wording from "the grantee may leave and abandon the said pipeline or pipelines in place" to "the grantee may leave and abandon the said pipeline or pipelines in place.......with the written and signed permission of the grantor"

This puts the onus the pipeline company to either remove the pipe or pay compensation if you so desire?

This is best done in a schedule A addendum. You just cross out all of section 11 (Discontinuance and abandonment) and put your own terms in the signed addendum.

[Burbert]

We R after all Comedian framers. We love
ta be taken advantage of. All we want is
a level playing field? Angribusiness is
just that, a lotta angry guys/gals
clutchin and grabbin fer every penny they
kin get their slimey finger on! Divide
and conquer is what industry does each and
ever time. Why? Cousin it works each and
every time, greed and hate run the open
markets in Comedia, thats fer sure....