OEB Issues Updated Environmental Guidelines For New Oil And Gas Pipelines

On August 11, 2016, the Ontario Energy Board (OEB) issued a new edition of its Environmental Guidelines for the Location, Construction and Operation of Hydrocarbon Pipelines and Facilities in Ontario (the Guidelines). The stated purpose of the updates to the Guidelines is to "ensure that roles and obligations for the Crown's duty to consult process for intra-provincial hydrocarbon pipelines are better defined."

As set out in the OEB's cover letter, under the revised Guidelines' "enhanced duty to consult protocol," the Ministry of Energy will determine, early in the pipeline project planning process, if the proposed project triggers a duty to consult. If so, the Ministry of Energy will identify any Indigenous communities whose rights are potentially adversely affected by the proposed project and assess the extent of necessary consultation. Thereafter, the Ministry of Energy will delegate responsibility to conduct consultation activities with potentially