The Canadian government has announced it plans to establish an expert panel this summer that will make recommendations to Natural Resources Minister Jim Carr on potential reforms that are needed to modernize the National Energy Board (NEB).
“Today we are demonstrating action to restore credibility to environmental and regulatory processes and ensure that decisions are based on science, facts, evidence and traditional knowledge of indigenous peoples,” Carr said in a news release. “Through the modernization of the National Energy Board, we will strengthen Canadians’ trust in the regulatory process.”
The NEB process is part of the comprehensive review of regulatory and environmental processes announced Monday by the Liberal government, which during last year’s election campaign made a commitment to review and restore public confidence in those processes.
“The belief that a clean environment and a strong economy can go hand in hand is central to the health and well-being of Canadians as we work to get resources to market and develop infrastructure projects responsibly in the 21st century,” said the government in launching the review.
In addition to Carr, the review includes five other cabinet ministers: Catherine McKenna, minister of environment; Dominic LeBlanc, minister of fisheries, oceans and the Canadian Coast Guard and government house leader; Carolyn Bennett, minister of indigenous and northern affairs; Marc Garneau, minister of transport, and Kirsty Duncan, minister of science.
To ensure an efficient process, the comprehensive review is being closely co-ordinated across government departments. In addition to modernizing the NEB, it will focus on rebuilding trust in environmental assessment processes and restoring lost protections and introducing modern safeguards to the Fisheries Act and the Navigation Protection Act.
The first step in the process was in January when the government announced an interim approach and principles for projects currently undergoing an environmental assessment. These principles include deeper consultations with indigenous peoples, further public engagement and the assessment of upstream greenhouse gas emissions associated with projects.
At that time, the government also pushed back cabinet decisions on the proposed Trans Mountain and Energy East pipelines.
National Energy Board
According to the government, modernization of the NEB will ensure it is able to continue to effectively regulate energy developments in Canada in a way that has the confidence of Canadians and modernization goes beyond the board’s responsibility for conducting environmental assessments.
The NEB’s structure, role and mandate have been relatively unchanged since the National Energy Board Act was introduced in 1959, Alex Deslongchamps, press secretary for Carr, said in an email in response to a question about the need for the review. “The current legislative framework sets out the board’s structure and responsibilities, however, this framework needs to be examined and updated to enable the NEB to better respond to the changing policy context and public expectations of a modern, efficient and effective energy regulator.”
The focus of NEB modernization will include governance and structure; mandate and future opportunities; decision-making; compliance, enforcement and ongoing monitoring; engagement with indigenous peoples; and public participation.
Carr’s mandate from Prime Minister Justin Trudeau also includes ensuring the composition of the NEB reflects regional views and has sufficient expertise in fields such as environmental science, community development and indigenous traditional knowledge.
The government said it understands the crucial role the NEB plays in providing science and fact-based information to inform decisions on major projects, but that its mandate is limited in some areas. Deslongchamps said that as part of its work, the expert panel will focus on the board’s mandate and future opportunities.
The draft terms of reference for the NEB expert panel are available for public review and comment for 30 days, until July 20, 2016. Panel members will be announced following the comment period.
The expert panel for the NEB will consult indigenous peoples, key stakeholders and Canadians across the country and report back to the minister by Jan. 31, 2017.
The panel will seek the specific views of indigenous peoples and communities and participant funding will be made available as part of the process. All interested Canadians, including industry, non-governmental organizations, academia and the different levels of government and others will have an opportunity to provide input.
Targeted engagement activities will focus on key areas where there may be opportunities to strengthen the NEB, said Deslongchamps. “This review may also validate areas of strength within the NEB and confirm that actions underway are sufficiently robust,” he said.
To ease the burden of multiple engagement processes, Canadians can share their initial views on all the mandated reviews here.
Environment
“We are here to act in the best interest of Canadians and restore their trust in environmental assessments,” McKenna said in a news release. “We will do this by working together to find the best ways to protect our environment. That’s how we will grow our economy for a clean, sustainable future for Canadians and their families.”
McKenna is leading the process to review federal environmental assessment processes with the goal of developing new, fair processes that it says are robust, incorporate scientific evidence, protect the environment, respect the rights of indigenous peoples, and support economic growth.
In carrying out the review, the minister is to be supported by the minister of fisheries, oceans and the Canadian Coast Guard, the minister of natural resources, the minister of indigenous and northern affairs and the minister of science.
An expert panel will be appointed to review processes associated with the Canadian Environmental Assessment Act (CEAA 2012). Three responsible authorities — the Canadian Environmental Assessment Agency (CEAA), the NEB and the Canadian Nuclear Safety Commission — currently conduct federal environmental assessments.
The panel is to engage broadly with Canadians, indigenous groups and key stakeholders and develop recommendations to the minister for “restoring public confidence in environmental assessment processes.”
Indigenous and public input is invited until July 20, 2016 on the draft terms of reference for the panel, a document that outlines its proposed mandate, timelines and procedures.
Consultations
Canadians will be consulted broadly throughout the environmental processes review, both online and in person. Consultation opportunities are being planned across Canada and will begin in September 2016 with dates and locations to be available shortly.
The expert panel is to report back to the minister by Jan. 27, 2017.
As part of the government’s commitment to renewing its relationship with indigenous people based on trust, respect, and co-operation, the expert panel will work directly with indigenous groups to ensure that their concerns are heard and taken into account throughout the review.
Participant funding will be made available to assist indigenous people in participating in the process and expressing their views.
Following the consultation period on the expert panel’s terms of reference, members and details on the participant funding application process for indigenous people will be announced
“Ensuring indigenous communities are full partners in the environmental assessment processes is a key element of renewing the relationship with indigenous peoples,” Bennett said in a news release.
“Our government is committed to carrying out early and ongoing engagement with indigenous peoples as part of these important reviews. We are committed to renewing the relationship with indigenous peoples, based on the recognition of rights, respect, co-operation and partnership.”
Fish habitat protection
The Fisheries Act gives the government authority to manage Canadian fisheries and to protect the habitat that supports them. The government has committed to reviewing the recent changes to the Act to restore any lost protections and to incorporate modern safeguards.
The minister of fisheries, oceans and the Canadian Coast Guard, along with the minister of transport, are asking Parliament’s standing committees on fisheries and oceans and on transport, infrastructure and communities to examine recent changes to the Fisheries Act and the Navigation Protection Act and to hear from Canadians.
As an independent and public forum, a parliamentary committee can hear from witnesses, including experts. All Canadians are welcome to submit briefs or ask to appear as witnesses. You can also attend the hearings in person.
When the committee has finished its work, it will report to Parliament with recommendations on how to address concerns about the protection of fish and fish habitat.
