This year, the NEB will be transformed into the Canadian Energy Regulator (CER). The Government of Canada asserts the new changes will modernize the regulator and industry by better reflecting the priorities of Canada “in areas such as greater certainty, more transparency, enhanced public participation and an expanded role for Indigenous peoples”.
The new rules need to be approved by Parliament before coming into effect so the final act has yet to be published. Many changes are expected with the introduction of the Canadian Energy Regulator Act, most notably in the consultation process. You can expect to see greater public engagement and there is a notable shift fir greater engagement between the energy sector and Indigenous groups.
We can also expect to see:
• Updated powers of federal inspection officers so that they can act and, if necessary, place a stop-work order on any project that is operating unsafely or falling short of prescribed conditions.
• Legislating that companies increase protection of their infrastructure.
• Clarifying the regulator’s oversight role to include enforcing standards related to cybersecurity.
• Authorizing the CER to take action to safely cease the operation of pipelines in cases where the owner is in receivership, insolvent, or bankrupt.
More information on the proposed legislation and the CER Handbook can be found on the government of Canada website: Canadian Energy Regulator
