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Section IV: Other Items of Interest
4.1 Legislation under which the NEB has named responsibility
Acts
| National Energy Board Act |
| Canada Labour Code, Part II |
| Canada Oil and Gas Operations Act |
| Canada Petroleum Resources Act |
| Canadian Environmental Assessment Act |
| Energy Administration Act |
| Mackenzie Valley Resource Management Act |
| Northern Pipeline Act |
| Species at Risk Act |
Regulations and Orders pursuant to the National Energy Board Act
| National Energy Board Act Part VI (Oil and Gas) Regulations |
| National Energy Board Cost Recovery Regulations |
| National Energy Board Electricity Regulations |
| National Energy Board Export and Import Reporting Regulations |
| Gas Pipeline Uniform Accounting Regulations |
| Oil Pipeline Uniform Accounting Regulations |
| Oil Product Designation Regulations |
| Onshore Pipeline Regulations, 1999 |
| National Energy Board Order No. M0-62-69 (dated 30 October 1969) |
| National Energy Board Pipeline Crossing Regulations, Part I |
| National Energy Board Pipeline Crossing Regulations, Part II General Order No. 1 Order Respecting Crossing of Utilities by Pipelines General Order No. 2 Respecting Standard Conditions for Crossings of Pipelines |
| Power Line Crossing Regulations |
| National Energy Board Processing Plant Regulations |
| National Energy Board Rules of Practice and Procedure, 1995 |
| National Energy Board Substituted Service Regulations |
| Pipeline Arbitration Committee Procedure Rules, 1986 |
| Section 58 Streamlining Order XG/XO-100-2005 |
| Toll Information Regulations |
Guidelines and Memoranda of Guidance pursuant to the National Energy Board Act
| Appropriate Dispute Resolution Guidelines (18 July 2003) |
| Implications of Supreme Court of Canada Decision on the National Energy Board Consultation with Aboriginal People (3 August 2005) |
| Consultation with Aboriginal People – Generic Information Request (3 April 2002) |
| Filers Guidelines to Electronic Submissions (1 December 2004) |
| Filing Manual (2004) |
| Filing of Supply Information in Compliance with the Board’s Part VI (Oil and Gas) Regulations (16 May 1997) |
| Financial Regulatory Audit Policy of the National Energy Board (23 February 1999) |
| Guidance Notes for the Onshore Pipeline Regulations, 1999 (7 September 1999) Amendment I (20 January 2003) |
| Guidance Notes for Pressure Equipment under National Energy Board Jurisdiction (8 August 2003) |
| Guidance Notes for the Design, Construction, Operation and Abandonment of Pressure Vessels (3 July 2003) |
| Guidance Notes for the Design, Construction, Operation and Abandonment of Pressure Vessels and Pressure Piping (3 July 2003) |
| Guidance Notes for the Processing Plant Regulations (28 July 2003) including: Appendix I – Guidance Notes for the Design, Construction, Operation and Abandonment of Pressure Vessels and Pressure Piping (3 July 2003) and Appendix II – Security and Emergency Preparedness and Response Programs (24 April 2002) |
| Guidelines for Negotiated Settlement of Traffic, Tolls and Tariffs (12 June 2002) |
| Guidelines Respecting the Environmental Information to be Filed by Applicants for Authorization to Construct and Operate Gas Processing and Straddle Plants, Liquid Natural Gas (LNG) Plants and Terminals, Natural Gas Liquids (NGL), Liquid Propane Gas (LPG) and Butane Plants and Terminals, under Part III of the National Energy Board Act (26 June 1986) |
| Information to be Furnished by Applicants to Import LNG – Letter and Guidance Document (20 September 2005) |
| Model Conditions for International Power Line Certificates of Public Convenience and Necessity (23 December 2004) |
| Memorandum of Guidance – Electronic Filing, National Energy Board Rules of Practice and Procedure, 1995 (21 March 2002) |
| Memorandum of Guidance – Concerning Full Implementation of the September 1988 Canadian Electricity Policy (Revised 23 January 2003) |
| Memorandum of Guidance – Fair Market Access Procedure for the Licensing of Long-term Exports of Crude Oil and Equivalent (17 December 1997) |
| Memorandum of Guidance – Regulation of Group 2 Companies (6 December 1995) |
| Memorandum of Guidance – Retention of Accounting Records by Group 1 Companies Pursuant to Gas/Oil Pipeline Uniform Accounting Regulations (30 November 1994) |
| National Energy Board Pre-Application Meetings Guidance Notes (26 February 2004) |
| Notice of Proposed Regulatory Change 2005-01 – Pipeline Security Management Programs (14 September 2005) |
| Operations and Maintenance Activities on Pipelines Regulated under the National Energy Board Act: Requirements and Guidance Notes (7 July 2005) |
Regulations pursuant to the Canada Oil and Gas Operations Act
| Canada Oil and Gas Certificate of Fitness Regulations |
| Canada Oil and Gas Diving Regulations |
| Canada Oil and Gas Drilling Regulations |
| Canada Oil and Gas Geophysical Operations Regulations |
| Canada Oil and Gas Installations Regulations |
| Canada Oil and Gas Operations Regulations |
| Canada Oil and Gas Production and Conservation Regulations |
| Oil and Gas Spills and Debris Liability Regulations |
Guidelines and Guidance Notes pursuant to the Canada Oil and Gas Operations Act
| Guidance Notes for the Canada Oil and Gas Drilling Regulations |
| Guidelines Respecting Physical Environmental Programs during Petroleum Drilling and Production Activities on Frontier lands |
| Notice of Revised Offshore Waste Treatment Guidelines (21 August 2002) |
Regulations pursuant to the Canada Petroleum Resources Act
| Environmental Studies Research Fund Regions Regulations |
| Frontier Lands Petroleum Royalty Regulations |
| Frontier Lands Registration Regulations |
| Lancaster Sound Designated Area Regulations |
| Order Prohibiting the Issuance of Interests at Lapierre House Historic Site in the Yukon Territory |
| Order Prohibiting the Issuance of Interests at Rampart House in the Yukon Territory |
Guidelines and Guidance Notes pursuant to the Canada Petroleum Resources Act
| Northwest Territories – Nunavut – Guidance Notes for Applicant – Applications for Declaration of Significant Discovery and Commercial Discovery (January 1997) |
| Applications for Declaration of Significant Discovery and Commercial Discovery –Directly Affected Persons (17 November 2003) |
Regulations pursuant to the Canadian Environmental Assessment Act
| Comprehensive Study List Regulations |
| Exclusion List Regulations |
| Federal Authorities Regulations |
| Inclusion List Regulations |
| Law List Regulations |
| Projects outside Canada Environmental Assessment Regulations |
| Regulations Respecting the Co-ordination by Federal Authorities of Environmental Assessment Procedures and Requirements |
| Canada Port Authority Environmental Assessment Regulations |
Regulations pursuant to the Canada Labour Code, Part II
| Canada Occupational Health and Safety Regulations |
| Oil and Gas Occupational Safety and Health Regulations |
| Safety and Health Committees and Representatives Regulations |
Regulations pursuant to the Mackenzie Valley Resource Management Act
| Exemption List Regulations |
| Mackenzie Valley Land Use Regulations |
| Preliminary Screening Requirement Regulations |
Regulations pursuant to the Northern Pipeline Act
| Northern Pipeline Notice of Objection Regulations |
| Northern Pipeline Socio-Economic and Environmental Terms and Conditions for Northern British Columbia |
| Northern Pipeline Socio-Economic and Environmental Terms and Conditions for the Province of Alberta |
| Northern Pipeline Socio-Economic and Environmental Terms and Conditions for the Province of Saskatchewan |
| Northern Pipeline Socio-Economic and Environmental Terms and Conditions for Southern British Columbia |
| Northern Pipeline Socio-Economic and Environmental Terms and Conditions for the Swift River Portion of the Pipeline in the Province of British Columbia |
| Order Designating the Minister of Natural Resources as Minister for Purposes of the Act |
| Transfer of Duties, in Relation to the Pipeline, of Certain Ministers under Certain Acts to the Member of the Queen’s Privy Council for Canada Designated as Minister for Purposes of the Act |
| Transfer of Duties, in Relation to the Pipeline, of the National Energy Board under Parts I, II and III of the Gas Pipeline Regulations to the Designated Minister for Purposes of the Act |
| Transfer of Powers, Duties and Functions (Kluane National Park Reserve Lands) Order |
| Transfer of Powers, Duties and Functions (Territorial Lands) Order |
4.2 Cooperation with Other Organizations
The NEB cooperates with other agencies to reduce regulatory overlap and provide more efficient regulatory services.
Alberta Energy and Utilities Board (AEUB)
The NEB has memorandums of understanding (MOUs) with the AEUB on Pipeline Incident Response and on Security Assessments of facilities that have both federal and provincial elements. The agreements provide for mutual assistance and a faster and more effective response by both Boards to pipeline incidents in Alberta as well as for resource sharing when undertaking security assessments.
The NEB and the AEUB maintained their commitment to using the common reserves database for oil and gas reserves in Alberta. Both Boards are committed to developing more efficient methods for maintaining estimates of reserves and to exploring other opportunities for cooperation. In 2005, the Boards released the results of their assessment of Alberta’s conventional natural gas resources (Energy Market Assessment: Alberta’s Ultimate Potential for Conventional Natural Gas, March 2005. Available online and at the NEB Library).
Atlantic Memorandum of Understanding on Concurrent Offshore Environmental Assessment
On 18 February 2005, the Government of Canada (represented by various federal departments), the Government of Nova Scotia, the NEB, and the Canada-Nova Scotia Offshore Petroleum Board signed a MOU to create a more coordinated and integrated Environmental Assessment and regulatory process for Nova Scotia offshore petroleum development. The work of the NEB and the other signatories to the agreement was coordinated through the Atlantic Energy Roundtable. The full name of the agreement is Memorandum of Understanding on Effective, Coordinated and Concurrent Environmental Assessment and Regulatory Processes for Offshore Petroleum Development Projects in the Nova Scotia Offshore Area.
British Columbia Ministry of Energy, Mines and Petroleum Resources (MEMPR)
The NEB and British Columbia MEMPR maintained their commitment to using a common reserves database for oil and gas reserves in British Columbia. Both Boards are committed to developing more efficient methods for maintaining estimates of reserves and to exploring other opportunities for co-operation. A joint Energy Market Assessment was released in 2006. (Northeast British Columbia’s Ultimate Potential for Conventional Natural Gas, March 2006. Available on-line and at the NEB Library).
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 federal departments of NRCan and INAC, 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 all Frontier 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.
In 2002, the NEB and C-NSOPB signed a MOU to coordinate the regulatory review of the EnCana Deep Panuke Offshore Gas Development project.
Canadian Association of Members of Public Utility Tribunals (CAMPUT)
CAMPUT is a non-profit organization of federal, provincial and territorial boards and commissions responsible for regulating electric, water, gas and pipeline utilities in Canada. Members sit on the executive committee of the association and promote education and training of members and staff of public utility tribunals. The NEB also provides information to CAMPUT and staff support for conference organization. The Board participates in the CAMPUT annual meetings.
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. The Board is also an active participant on the six Regional Environmental Assessment Committees that are Canada-wide. These committees are chaired by the Agency.
Common Ground Alliance (committees across the country)
The NEB is involved in multi-stakeholder committees that promote development and use of one-call services in various provinces and regions across Canada. One-call services are a useful element in implementing the new NEB Damage Prevention Regulations, and improve the effectiveness of the Damage Prevention Program.
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 Northwest Territories 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, CEAA, INAC, and observers from the Deh Cho First Nation, the Government of the Northwest Territories, and the Government of Yukon.
Human Resources and Social Development Canada (HRSCD)
The NEB has an MOU with HRSDC to administer Part II of the Canada Labour Code for NEB-regulated facilities and activities and to coordinate these safety responsibilities under the COGO Act and the NEB Act. The NEB also participates in the HRSDC client satisfaction survey.
Natural Resources Canada (NRCan) and Indian and Northern Affairs Canada (INAC)
Following the merger of the Canada Oil and Gas Lands Administration (COGLA) and the NEB in 1991, and the subsequent move of the NEB to Calgary, the NEB signed MOUs with NRCan and INAC to provide advice, reduce duplication and increase cooperation between the agencies. The MOUs with NRCan and INAC reflect the transfers of responsibilities for administering aspects of the COGO Act and certain elements of the CPR Act to the NEB. This MOU covers activities such as data collection and archival, availability of Frontier information coming off the privileged period, provision of specialist advice, and basin assessments, provision of production information for royalty determination as well as for dissemination of Call for Bids and Nominations. The MOUs were renewed in February 2006 with INAC and with NRCan in June 2006.
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 and Hazardous Materials Safety Administration
The NEB has an agreement in place with the Pipeline and Hazardous Materials Safety Administration that provides for information and resource sharing for pipelines that extend from Canada to the US. The agreement also promotes international standardization within North America and both agencies are committed to this goal.
Pipeline Technical Regulatory Authorities of Canada Council (PTRACC)
The Pipeline Technical Regulatory Authorities Committee of Canada has not met formally for some time. The purpose of the committee is to develop common approaches to physical regulation and to allow for the free flow of information and best practices.
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. A MOU is in place outlining the roles and responsibilities of the Boards.
U.S. Federal Energy Regulatory Commission (FERC) and Comisión Reguladora de Energía of Mexico
The NEB, FERC and the Comisión Reguladora de Energía of Mexico (CRE) have a tri-lateral agreement to share information on regulatory approaches and current events and seek to provide compatible regulatory approaches while respecting each country’s legislative mandates to act in the best interest of their respective nation.
It is the intent of the three regulatory agencies to meet three times a year to promote regular exchanges of information and management approaches to enable best practices in each country’s respective regulatory and internal management approaches.
United States 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.
Yukon Territory Department of Economic Development (YTDED)
The NEB provides support to the Yukon government in its administration of its oil and gas regulatory responsibilities per the Yukon Accord Implementation Agreement. The Board provides expert technical advice under a services agreement to the Yukon Territory Department of Economic Development. The NEB and the Government of Yukon signed the services agreement 6 April 2004.
4.3 Contact Information
For further information about the National Energy Board, contact:
National Energy Board
444 Seventh Avenue SW
Calgary, Alberta T2P 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 2006
| Kenneth W. Vollman | Chairman |
| Gaétan Caron | Vice-Chairman |
| Jim Donihee | Chief Operating Officer |
| Sandy Lapointe | Business Leader, Applications |
| John McCarthy | Business Leader, Commodities |
| Gregory Lever | Business Leader, Operations |
| Glenn Booth | Business Leader, Planning, Policy and Coordination |
| Denis Roy | Business Leader, Integrated Solutions |
| Rob Cohen | General Counsel |
| Michel Mantha | Secretary of the Board |
| Dan Philips | Team Leader, Finance |
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 Appropriate Dispute Resolution is a tool that can be used to resolve differences outside of hearings and court proceedings. Various approaches can be used including negotiation, mediation and workshops, leading to increased understanding of interests and perspectives, and an increased likelihood of a “win - win” outcome.
3 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 its operations and administrative matters.
