Cross-Jurisdictional Comparison of Energy Regulators

On June 20, 2016, the Government of Canada launched a review of environmental and regulatory process to build trust and help get resources to market responsibly in the 21st century. One component of the review, modernizing the National Energy Board (NEB), will go beyond the Board’s responsibility of conducting environmental assessments. Specifically, efforts to modernize the NEB will focus on a specific set of issues related to the Board’s structure, role, and mandate. In summer 2016, the Minister of Natural Resources will establish an Expert Panel to lead the NEB Modernization review. Between September 2016 and December 2016, the Expert Panel will engage provinces and territories, municipalities, Indigenous peoples, industry, and the public. The Expert Panel will submit its report and recommendations to the Minister of Natural Resources by January 31, 2017. The Expert Panel’s recommendations will inform legislative amendments to the NEB Act and other potential complementary measures. A cross jurisdictional comparison of energy regulators will support the Expert Panel’s work. The purpose of the study is to compare the NEB’s structure, role, and mandate to that of energy regulators in other jurisdictions in select countries and Canadian provinces. The study would be framed by questions related to each of the NEB Modernization focus areas, which include governance, mandate, decision-making roles, legislative tools for lifecycle regulation, Indigenous engagement, and public participation. An interim report is requested by October 7, 2016, which would be posted online for public comment. A final report is requested by November 7, 2016.