These discussion papers are intended to provide background information on key issues related to the National Energy Board (NEB) Modernization review and stimulate public input. The Expert Panel is conducting a targeted review of the NEB’s structure, role, and mandate pursuant to the National Energy Board Act (NEB Act). Specifically, this review focuses on: governance and structure; mandate and future opportunities; decision-making roles, including on major projects; compliance, enforcement, and ongoing monitoring; engagement with Indigenous peoples; and, public participation.
The discussion papers do not represent an all-inclusive list of issues to be examined by the NEB Modernization Expert Panel. As per the Expert Panel’s Terms of Reference, they will consider the relationship between NEB processes and the Aboriginal and Treaty rights of First Nations, Inuit & Métis Peoples, as well as the relationship between NEB processes and the principles outlined in the United Nations Declaration on the Rights of Indigenous Peoples. The Panel will also consider factors such as the ongoing transition to a low carbon economy in light of Canada’s climate change commitments and its relationship with the NEB’s structure, role, and mandate. As well, the decision-making clarity and fairness to meet the public interest, and the continuous enhancement of safety and environmental performance for projects that are deemed to be in the public interest, will be considered.
Input received in relation to these papers will be shared with the Expert Panel to assist in the development of their final report to the Minister of Natural Resources. In addition, the Expert Panel will consider input received during its cross-country engagement sessions and directly from Indigenous peoples, interested stakeholders, provinces and territories, as well as the public.
These papers were drafted by the Secretariat in collaboration with the Expert Panel, and were approved by the Expert Panel. Input from Indigenous peoples, interested stakeholders, provinces and territories, and the public was not sought in the drafting of the discussion papers.
List of Discussion Papers:
- National Energy Board Governance
- Mandate and Regulatory Framework
- Energy Information, Reports, and Advice
- Decision-Making Roles on Projects
- Determining the Canadian Public Interest
- Safety and Environmental Protection
- Emergency Prevention, Preparedness And Response: Tools and Requirements
- Indigenous Engagement and Consultation
- The National Energy Board's Participant Funding Program
- Public participation
- The Hearing Process
- Land Acquisition and Compensation