Ministerial Arrangements Regulations

Enabling act(s)

Proposed Canadian Energy Regulator Act

Description

On 8 February 2018, Bill C-69 was tabled in Parliament. If passed, Bill C-69 will, among other things, replace the National Energy Board Act (NEB Act) with the Canadian Energy Regulator Act (CER Act). The Ministerial Arrangements Regulations are a new feature of the CER Act that enable the Minister to enter into arrangements with Indigenous governing bodies for the carrying out the purposes of the CER Act, and may authorize any Indigenous governing body to conduct activities under the CER Act as outlined in the arrangement.

An Indigenous governing body is define in the proposed Act as a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982.

Regulations respecting the Minister’s power to enter into arrangements would include:

  1. How they are to be entered into;
  2. The circumstances under which they may be entered into;
  3. Their contents; and,
  4. The variances or exclusions of any provision or regulation made under the proposed Act.

Regulatory cooperation efforts (domestic and international)

As part of their overall engagement efforts, departmental staff are consulting with provincial and federal regulators with similar delegation programs to learn best practices and help inform regulatory development and implementation plans.

Potential impacts on Canadians, including businesses

The proposed regulations are expected to clarify how Indigenous jurisdictions may be engaged in matters such as involvement in assessments, monitoring, compliance and enforcement, as part of the Government of Canada’s efforts to advance reconciliation with Indigenous Peoples.

Consultations

This regulatory initiative is in the early stages of development. Early engagement is currently anticipated to begin in early 2020.

Information on when consultation opportunities will occur will appear on Natural Resources Canada’s Public Consultation Opportunities webpage and the NEB’s Consultation and Engagement webpage.

Further information

Departmental contact information

Curtis McKinney
Policy Analyst, National Energy Board Modernization Secretariat
Natural Resources Canada
Telephone: (613) 618-2346
Fax: (613) 995-8961
Email: curtis.mckinney@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan
April 1, 2019

Consult Natural Resources Canada’s acts and regulations web page for:

  • a list of acts and regulations administered by Natural Resources Canada
  • further information on  the National Energy Board ’s implementation of government-wide regulatory management initiatives

Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada:

To learn about upcoming or ongoing consultations on proposed federal regulations, visit: