The National Energy Board (NEB) is looking for input from Indigenous peoples and stakeholders on changes to the regulator’s filing guidance for companies. These changes are related to the implementation of Bill C-69.
Bill C-69 repeals the National Energy Board Act and replaces it with the Canadian Energy Regulator Act which establishes the Canadian Energy Regulator.
Although the NEB’s role as Canada’s energy regulator will remain fundamentally the same, the Canadian Energy Regulator Act adds new elements to the NEB’s regulatory toolbox.
One change to the project review process is an expanded list of factors to consider including:
- gender-based analysis plus;
- rights of Indigenous peoples; and,
- Canada’s climate change commitments and environmental obligations.
The NEB has produced draft Interim Filing Guidance that provides direction to companies planning to submit an application for a new pipeline or power line that includes less than 75 kilometres of new right-of-way.
According to the NEB, the Filing Guidance will assist companies in providing a complete application to the Canadian Energy Regulator for review.
When the new Canadian Energy Regulator Act comes into force, the NEB says companies will be encouraged to engage early and more formally with Indigenous peoples and stakeholders who could be affected by a project.
The NEB’s expectations for early engagement are outlined in the Canadian Energy Regulator Early Engagement Guide.
Indigenous peoples and stakeholders are invited to provide their comments on the draft Interim Filing Guidance and the Canadian Energy Regulator Early Engagement Guide by August 8, 2019.
The NEB says it will consider the comments received and issue Interim Filing Guidance before the Canadian Energy Regulator Act becomes law.