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It’s been a great run NEB: After almost 60 years, the National Energy Board to be replaced with the Canadian Energy Regulator

Posted in Electricity, Federal, National Energy Board

On February 8, 2018, the Federal Government announced the first reading of Bill C-69: An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (Bill C-69).

While Bill C-69 proposes to amend a multitude of Federal legislation, this article focuses on its impact on the National Energy Board (NEB). For a discussion of the other changes introduced through Bill C-69, please refer to McCarthy Tétrault’s other blog posts on this topic which can be found here.

What does Continue Reading

Increased Clarity or More Uncertainty? Federal Government Takes First Steps to Review Environmental Assessment Process and Introduces Interim Pipeline Assessment Rules

Posted in Aboriginal, Federal, National Energy Board

On January 27, 2016, the Federal Government announced five principles that will guide its discretionary decision making powers on major natural resource projects. These principles are intended as an interim measure while the Government undertakes a broader review of the environmental assessment process. As stated in the December 2015 Speech from the Throne, the Government plans to introduce new environmental assessment processes as part of its efforts to restore public trust.… Continue Reading

Parliament Tables Bill to Enhance Pipeline Safety

Posted in National Energy Board

On December 8, 2014, Canada’s Minister of Natural Resources, announced the introduction of Bill C-46 (Bill), designated as the Pipeline Safety Act, amending the National Energy Board Act and the Canada Oil and Gas Operations Act. The Bill’s aim is to enhance Canada’s pipeline safety system by increasing the liability of pipeline operators and the control of the National Energy Board (NEB). In particular, the Bill’s amendments:

  • reinforce the “polluter pays” principle;
  • confirm that liability of pipeline companies is unlimited if an unintended or uncontrolled release of oil, gas or any other commodity is a result of fault
Continue Reading

National Energy Board Rules in Favour of Trans Mountain

Posted in Energy – Conventional, National Energy Board
AlbertaBritish Columbia

1.               Background

On October 9, 2014, Trans Mountain Pipeline ULC’s (“Trans Mountain”) motion was heard by the National Energy Board (“NEB”) after a series of incidents between Trans Mountain and the City of Burnaby (“Burnaby”). Burnaby officials ticketed Trans Mountain contractors for contravening the Burnaby Street and Traffic Bylaw and the Burnaby Parks Regulation Bylaw (the “Bylaws”) while carrying out land surveys in and around the Burnaby Mountain Conservation Area (the “Subject Lands”).

The attempted surveys were in response to a ruling by the NEB that in order to assess … Continue Reading

Proposed Amendments to the National Energy Board Export and Import Reporting Regulations

Posted in Energy – Renewable, Alternative and Clean, Liquefied Natural Gas, National Energy Board, Natural Gas


A number of recent Letter Decisions[1] of the National Energy Board (Board) note the need for the Canadian natural gas industry to access overseas markets due to an increase in the North American gas resource base. It is necessary that the legislation and regulations governing the export of natural gas reflect the realities of selling liquefied natural gas (LNG) to overseas markets.  While some amendments to the statutory framework have been made, important changes are necessary in order to create a commercially sensible regulatory regime.

Background and Regulatory Context

As a result of the July 2012 amendments to … Continue Reading

Federal Government Announces New Measures to Strengthen Regulations for Pipeline Safety

Posted in Federal, National Energy Board

On May 14, 2014, the federal Minister of Natural Resources, Minister of Transport, and Minister for the Federal Economic Development Initiative for Northern Ontario announced new measures designed to strengthen Canada’s pipeline safety system. These new measures reinforce the polluter pays principle and give the National Energy Board (“NEB”) greater regulatory control over Canada’s pipeline system, and include the following:… Continue Reading

National Energy Board Releases Decision on Export of Liquefied Natural Gas

Posted in Liquefied Natural Gas, National Energy Board

On April 16, 2014, the National Energy Board (NEB or the Board) issued a license to Triton LNG Inc. on behalf of Triton LNG Limited Partnership (Triton LNG LP), to export liquefied natural gas (LNG) (Letter Decision).[1] The licence will permit Triton to export up to 3,749,000 103m3 annually.

Before considering the merits of Triton’s application, the Letter Decision begins with the following noteworthy statement by the NEB regarding government policy and an acknowledgement of the importance of access to new markets:

Recent developments in gas production technology have resulted in a significant increase in the … Continue Reading