Bold recommendations from the Expert Panel on Modernization of the National Energy Board – but experts call for more

NEB_banner1-eIn November 2016, Canada’s  Minister of Natural Resources commissioned an  5-person Expert Panel on the Modernization of the National Energy Board , mandated “ to position the NEB as a modern, efficient, and effective energy regulator and regain public trust”. After public hearings and submissions, the results are in, in the form of 26 recommendations released on May 15, in their report:  Forward,Together: Enabling Canada’s Clean, Safe, and Secure Energy Future .   Chief among the recommendations:  replace the current Board  with a new organization called the Canadian Energy Transmission Commission, to be based in Ottawa rather than Calgary, with radically increased scale and scope of stakeholder engagement, and especially with an increased role for Indigenous people.  The report also calls for a new, independent Canadian Energy Information Agency to provide energy data, information, and analysis. The Panel lays out a detailed vision of a new process, based on 5 core principles of: Living the Nation-to-Nation Relationship with Indigenous Peoples; Alignment of Regulatory Activities to National Policy Goals; Transparency of Decision-Making & Restoring Confidence ; Public Engagement Throughout the Lifecycle; and Regulatory Efficiency and Effectiveness.

For summaries and a range of immediate  response to the Panel’s recommendations, see : “Trudeau- appointed panel recommends replacement of the National Energy Board” in the National Observer , which provides summary, reaction, and background based on its ground-breaking, sustained investigations into the NEB process;  “Scrap NEB and replace it with 2 separate agencies, expert panel recommends” from CBC Calgary, with a sense of Alberta’s reaction; “National Energy Board needs major overhaul, Panel says”   in the Globe and Mail, which seems to greet the news with a yawn. 

For substantive response, see “NEB Modernization Panel report: The good, the workable and the ugly”   from West Coast Environmental Law, which states: “environmental lawyers say that the report completely misses the mark when it comes to how projects like oil pipelines should be assessed, and disagree with the Panel’s approach to determining whether individual energy projects are in the national interest.”

The “Statement by Environmental Defence’s Patrick DeRochie on the report from the Expert Panel on National Energy Board Modernization”   says:   “the Panel’s proposal for the Federal Cabinet to determine whether a project is in the national interest before it undergoes an environmental assessment is problematic. Responsibility for environmental assessments must be removed from the energy regulator and be completed before a Cabinet decision.” Environmental Defence also states that the NEB’s review of the Energy East pipeline must be put on hold until NEB modernization is complete.

From DeSmog Canada, “Trudeau promised to fix the National Energy Board. Here’s what his Panel Recommends” summarizes the contents.  In “Will a Repackaged National Energy Board Be Able to Meet Canada’s 21st Century Challenges? ”  Chris Tollefson of the Pacific Centre for Environmental Law and Litigation  frames the report in its larger context, and states: “What the Expert Panel fails to address, however, is the need fundamentally to reform the assessment that major energy projects must undergo before we, as a society, allow them to proceed. These assessments must be capable of supporting informed, transparent and defensible social choices about future development.  This is quite different from regulatory processes that are principally aimed at mitigating anticipated harms. …. where this Expert Panel has failed, and where the CEAA, 2012 Expert Report adds enduring value, is in confronting the legitimacy crisis that pervades decision making around fossil fuel infrastructure development. ”

From the Pembina Institute:  “NEB Expert Panel report two steps forward, one step back on climate” :  “The Expert Panel’s recommendations are only as good as the federal government’s next steps. It’s up to Prime Minister Trudeau and his Cabinet to seize this once-in-a-generation opportunity to reform Canada’s energy project review landscape by ensuring NEB modernization works in sync with other elements of the federal environmental law reform process. … now is the time to outline a credible pathway that builds upon recommendations from the EA and NEB expert panels to ensure this outcome is achieved.”

A  public comment period on the Expert Panel report is open until June 14th; click here to participate in French or English. You can read research reports and position papers already submitted to the Expert Panel here.  The submissions already received are not available – only Panel-generated summaries of the engagement sessions, which are here.

What next for the recommendations of this Expert Panel, and the other regulatory reviews in process (for example, the Report of the Expert Panel on Environmental Assessment , released on April 5 )?  According to the Natural Resources Canada press release: “Over the next few months, the Government of Canada will review the expert panel’s report in depth along with the reports from the other three environmental and regulatory reviews to inform the development of next steps.”

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