National Energy Board undergoing long overdue renewal
- EFN Staff | January 24, 2017
The National Energy Board is undergoing a modernization process. The Government has signaled a commitment to modernize the NEB, which was reflected in the Minister of Natural Resources mandate letter where he was directed to: “Modernize the National Energy Board to ensure that its composition reflects regional views and has sufficient expertise in fields such as environmental science, community development, and Indigenous traditional knowledge” and to work with Ministerial colleagues on a review of federal environmental assessment processes.
An independent five-member expert panel has been established to tour Canada, listen to concerned individuals and groups and to provide recommendations to the Government for the modernization of the NEB. Gary Merasty is one of the co-chairs of the panel. “Personally, I look at the NEB and it has stayed the same since 1959. And from an Indigenous perspective, there have been dozens of Supreme Court Decisions since then that talk about inclusion and consultation,” said Merasty, a former Grand Chief, Member of Parliament and business person who is currently CEO of Des Nedhe Developments. “The public now wants transparency on these issues, not just Indigenous people. Everyone is concerned about good public policy.”
The National Energy Board (the Board or NEB) is an independent federal, quasi-judicial regulator of pipelines, energy development and trade, with three key roles: adjudicating energy projects, supporting the safety of Canadians and the environment through oversight, and engaging Canadians on energy information. The Board regulates pipelines and electricity transmission lines that cross inter-provincial or international borders, which often involves multiple jurisdictions.
The expert panel is made up of Bureaucrat and consultant David Besner, Wendy Grant-John who served three terms as Chief of the Musqueam First Nation, Dr. Brenda Kenny who is a professor, lawyer Hélène Lauzon and Gary Merasty. Ms. Lauzon and Mr. Merasty will be co-chairs. The Panel is in Saskatoon January 25 and 26 and also has stops in Toronto, Montreal, Vancouver, Winnipeg, Ottawa, Edmonton, Fort St. John, BC, Iqaluit, and St John New Brunswick.
The Expert Panel will also be posting 12 discussion papers online this month to seek input on a number of key areas beyond environmental assessment, including the NEB's governance structure, role and mandate, with a particular focus on enhancing the participation of the public and Indigenous peoples in regulatory reviews. Other topics such as the NEB's decision-making role on projects, the life-cycle regulation of projects, and emergency prevention, preparedness, and response will also be covered.
"Our government believes we must develop our resources and get them to market in an environmentally-responsible way, while creating jobs for the middle class. This requires a regulatory process that has the confidence of Canadians. The Expert Panel will offer many opportunities for Canadians to provide input on the modernization of the NEB,” said Jim Carr, Canada's Minister of Natural Resources.
Modernizing the National Energy Board (NEB) will help shape the future of energy regulation in Canada and improve the environmental assessment and regulatory review of major resource projects.
The inclusion of Indigenous knowledge is far more wide reaching than what folks often think. “We have met with the Indigenous national organizations and we got their advice on how to engage the communities,” said Gary Merasty. “And in our outreach we also made funds available so they could participate. From an Indigenous perspective, there has been a lot of blood, sweat and tears spilled in advancing our rights. If you think back to 1959 when the Board started, First Nation people couldn’t even vote. My role brings this perspective and we have to ensure we have fair participation and that Indigenous world views are built into these structures. And that view is not just about hunting and gathering. It is our world view and knowledge of involvement in Canada, a world view that reflects our aspirations.”
Merasty adds that we have been through four industrial revolutions since the NEB rules were created and that technology advances almost every day. “The rate of change is fast and the regulatory framework must keep pace,” he says. “I look forward to the process.”
The Expert Panel will submit its report and recommendations to the Minister of Natural Resources by May 15, 2017. The report will be made public.
Three types of sessions will be open to the public on the first day in each city: presentations, dialogue sessions and open houses. On the second day in each location, the panel will meet with Indigenous peoples to discuss the needs and interests of their communities. Sessions on both days are open to anyone with an interest in the modernization of the NEB. Registration is required for each session and can be done on the panel's website: www.neb-modernization.ca.