Section IV:  Other Items of Interest

4.1  Legislation under which the National Energy Board has named responsibility

Acts

Regulations and Orders Pursuant to the National Energy Board Act

Guidelines and Memoranda of Guidance pursuant to the National Energy Board Act

Regulations Pursuant to the Canada Oil and Gas Operations Act

Guidelines and Guidance Notes pursuant to the Canada Oil and Gas Operations Act

Regulations Pursuant to the Canada Petroleum Resources Act

Guidelines and Guidance Notes Pursuant to the Canada Petroleum Resources Act

 Regulations Pursuant to the Canadian Environmental Assessment Act

Regulations Pursuant to the Canada Labour Code, Part II

Regulations Pursuant to the MackenzieValley Resources Management Act

Regulations Pursuant to the Northern Pipeline Act

Guidelines and Guidance Notes pursuant to the Species at Risk Act

4.2  Cooperation with Others

The National Energy Board co-operates with other agencies to reduce regulatory overlap and provide more efficient regulatory services.

Alberta Energy and Utilities Board (EUB)

The NEB has a Memorandum of Understanding (MOU) with the EUB for pipeline incident response. The agreement provides for mutual assistance and a faster and more effective response by both Boards to pipeline incidents in Alberta. The NEB and the EUB maintained their commitment to using the common reserves database for oil and gas reserves in Alberta. Both Boards are also committed to developing more efficient methods for maintaining estimates of reserves and to exploring other opportunities for co-operation. In 2004-2005, the Boards completed their assessment of conventional gas resources in Alberta and published the results in March 2005.

British Columbia Ministry of Energy and Mines (BCMEM)

The NEB and BCMEM maintained their commitment to using a common reserves database for oil and gas reserves in British Columbia. Both agencies are committed to developing more efficient methods for maintaining estimates of reserves and to exploring other opportunities for cooperation. In 2004-2005, the two agencies agreed to work on a joint assessment of natural gas resources in B.C.

Canada-Newfoundland and Labrador Offshore Petroleum Board (C-NLOPB) and Canada-Nova Scotia Offshore Petroleum Board (C-NSOPB)

The Chairs of the NEB, the C-NLOPB and the C-NSOPB, together with executives from the Newfoundland and Labrador and Nova Scotia Departments of Energy and NRCan, form the Oil and Gas Administrators Advisory Council (OGAAC). The OGAAC membership discusses and decides on horizontal issues affecting their respective organizations to ensure convergence and collaboration on oil and gas exploration and production issues across Canada.

The NEB, C-NLOPB and C-NSOPB staff also work together to review, update and amend regulations and guidelines affecting oil and gas activities on Accord Lands. 

NEB staff also provide technical expertise to NRCan, C-NLOPB and C-NSOPB on technical matters of mutual interest, such as reservoir assessment, occupational safety and health, diving, drilling and production activities.

Canadian Association of Members of Public Utility Tribunals (CAMPUT)

CAMPUT is a non-profit organization of federal, provincial and territorial boards and commissions which are responsible for the regulation of the electric, water, gas and pipeline utilities in Canada.  The NEB also provides support to CAMPUT by providing information and assisting in conference organization.

Canadian Environmental Assessment Agency (CEA Agency)

NEB staff are actively engaged with CEA Agency matters, participating in the CEA Agency’s Senior Management Committee and acting as an observer on the Regulatory Advisory Committee. This involvement ensures effective coordination of regulatory responsibilities relating to environmental assessments.

Comisión Reguladora de Energía (CRE) of Mexico

Staff at the NEB and CRE maintain an ongoing relationship, sharing regulatory experiences and information on North American energy markets. In September 2003, the CRE, the U.S. Federal Energy Regulatory Commission and the NEB signed an agreement regarding cooperation. The agreement allows for the staff of the three regulatory agencies to share information on regulatory matters and current events and to seek to provide comparable regulatory approaches. Both organizations are committed to continuing and strengthening this relationship, which includes inter-agency staff visits.

Cooperation on the Environmental Impact Assessment and Regulatory Review of a Northern Gas Pipeline Project through the Northwest Territories

In 2002, the NEB, in collaboration with the boards and agencies responsible for environmental impact assessment and regulatory review of a major natural gas pipeline through the Northwest Territories, issued a Cooperation Plan. The Plan describes how the agencies propose to coordinate their activities to ensure an efficient, flexible and timely process that reduces duplication and enhances public and northern participation in the review of a major pipeline application. The NEB’s partners in the Plan include the Mackenzie Valley Land and Water Board, the Sahtu and Gwich’in Land and Water Boards, the NWT Water Board, the Mackenzie Valley Environmental Impact Review Board, the Environmental Impact Screening Committee and the Environmental Impact Review Board for the Inuvialuit Settlement Region, the Inuvialuit Game Council, the Inuvialuit Land Administration, the Canadian Environmental Assessment Agency, the Indian and Northern Affairs Canada, and observers from the Deh Cho First Nation, the Government of the Northwest Territories, and the Government of Yukon.

Indian Affairs and Northern Canada (INAC)

The NEB has an MOU with INAC concerning the provision of advice on rights management and the exchange of information with respect to oil and gas activities on northern frontier lands.

Human Resources and Skills Development Canada (HRSDC)

The NEB has an MOU with HRSDC to administer the Canada Labour Code for NEB-regulated facilities and activities and to co-ordinate these safety responsibilities under the COGO Act and the NEB Act.

MackenzieValley Environmental Impact Review Board (MVEIRB)

In late 2004, the NEB and the MVEIRB renewed a joint MOU to establish a cooperative framework for environmental impact assessment in the MackenzieValley. In the case of transboundary pipeline projects, the NEB has responsibilities under both the Mackenzie Valley Resource Management Act and the CEA Act. This MOU facilitates the cooperation of two boards to reduce duplication and increase effectiveness of the environmental review process.

National Association of Regulatory Utility Commissioners (NARUC)

Board Members regularly participate in meetings of the U.S. NARUC, particularly with respect to developments in U.S. gas markets that may affect cross-border trade in natural gas.

Northern Pipeline Agency (NPA)

The NEB provides technical assistance to the NPA, which, under the Northern Pipeline Act , has primary responsibility for overseeing the planning and construction of the Canadian portion of the Alaska Natural Gas Transportation System by Foothills Pipe Lines Ltd.

Pipeline Technical Regulatory Authorities of Canada Council (PTRACC)

The NEB chairs a staff committee of federal and provincial technical regulators. PTRACC meets regularly throughout the year to discuss pipeline safety and environmental initiatives.

Transportation Safety Board of Canada (TSB)

While the NEB has exclusive responsibility for regulating the safety of oil and gas pipelines under federal jurisdiction, it shares the responsibility for investigating pipeline incidents with the TSB. The roles and responsibilities of each body with regard to pipeline accident investigations are outlined in an MOU between the two boards.

U.S. Federal Energy Regulatory Commission (FERC)

NEB and FERC executives maintain a regular dialogue on their respective regulatory experiences and exchange information available in the public domain in order to keep one another informed about current and upcoming issues which may affect both organizations, and to mutually benefit from knowledge about best regulatory practices. 

In May 2004 the NEB and FERC signed an MOU recognizing the potential need to appropriately coordinate their efforts, where practicable, in future regulatory proceedings and other related matters.

Government of Yukon

The NEB provides the Government of Yukon with technical advice with respect to oil and gas activities in the Yukon Territory in accordance with a service agreement.

4.3  Contact Information

For further information about the National Energy Board, contact:

National Energy Board
444 Seventh Avenue SW
Calgary, AlbertaT2P 0X8

Telephone:        (403) 292-4800
Toll free:           1-800-899-1265
Facsimile:         (403) 292-5503
Toll free:           1-877-288-8803

E-mail:        info@neb-one.gc.ca
Internet site:      www.neb-one.gc.ca

Key Contacts as of 31 March 2005

[1]              The public interest is inclusive of all Canadians and refers to a balance of economic, environmental, and social interests that changes as society’s values and preferences evolve over time. As a regulator, the NEB must estimate the overall public good a project may create and its potential negative aspects, weigh its various impacts, and make a decision.

[2]              FTE = Full-time equivalents.

[3]               N.B. The Environics Research Group noted to the NEB that while the results of the 2004 and 2001 surveys are generally comparable, the composition of the sample and the way in which the questions were asked were not strictly the same.

[4]               Under the CEA Act, the Minister of the Environment can substitute a hearing by the NEB for a CEA Act review panel or joint review panel process. Substitution was endorsed by the External Advisory Committee on Smart Regulation as a viable means to provide clearer communication and increased certainty of the entire regulatory review process, including the environmental assessment component.

[5]              Inadequate public consultation for the purpose of this measure is understood to mean denial of procedural fairness.

[6]               Gap analysis is calculated as the percentage of landowners who consider this aspect of service to be very important and who do not think that the NEB has delivered on it during their most recent contact (N=33-45). N.B. These results are based on a small sub-sample of landowners, and should therefore be interpreted as directional rather than conclusive.

[7]              Accord implementation acts refers to the Canada-Newfoundland Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Accord Implementation Act.

[8]              NEB service standards tracked in 2004-2005 are listed here; for reporting on service standard development see section 2.4.

[9]              Legal Services is accountable to the Chairman and Board Members for the provision of legal advice.  It is accountable to the Chief Operating Officer for administrative matters.

[10]            Following an organizational review in 2004-2005 (as reported in section 2.5.1), changes to the NEB’s Business Unit structure are effective 1 April 2005.