Public notice

September 12, 2018 – Natural Resources Canada and the National Energy Board will soon be seeking public comments to help inform the approach to developing two new regulations and making amendments to an existing regulation to support the government’s proposed Canadian Energy Regulator Act (CER Act), which was tabled in Parliament on February 8, 2018.

The Government of Canada is committed to putting in place better rules for projects that protect the environment, respect Indigenous rights, and strengthen our economy. As part of this commitment, these three regulations are targeted to be developed or updated for when the proposed CER Act comes into force. These regulations would not apply to impact Assessments of projects designated under the proposed Impact Assessment Act.

Commission functions to be carried out by designated officers

The proposed CER Act contains provisions to make a Governor in Council regulation that specify powers, duties and functions of the CER’s Commission that are technical or administrative in nature that may be carried out by designated officers in the CER. This structure will support responsive regulation and enhance efficient decision making processes.

Time management in project review processes

The proposed CER Act contains provisions to make regulations for the circumstances in which time periods may be excluded from the calculation of time limits contained in the CER Act. These time limits include those related to reporting, and the issuance of orders, authorizations, or certificates for proposed projects.

Regulations for conducting activities near federally regulated power lines

The proposed CER Act updates the regulatory framework for safely conducting activities near federally regulated power lines, and as a result, the related regulations will need to be updated. Similar amendments were required for damage prevention regulations for federally regulated pipelines through the 2015 Pipeline Safety Act. Current safety requirements would be maintained, and damage prevention provisions would be included in the regulations.

Discussion papers for these regulations are targeted to be released in Fall 2018. The feedback gathered will inform their development.

There will be further opportunities to engage on other CER Act regulations and policies in the coming months. Notice of these opportunities will be posted on this site.

For more information on the proposed new impact assessment system, visit the Better rules to protect Canada’s environment and grow the economy website.

Context

When the proposed CER Act comes into force, the legislative changes will be implemented and the NEB will become the Canadian Energy Regulator. In the meantime, the NEB continues to implement its existing legislation, the National Energy Board Act, and its regulations remain in force. Projects that have been approved or are currently being reviewed are required to follow current legislation and regulations.