National Energy Board Act Amendments Impose Timelines For Project Approval

Royal Assent was recently granted to amendments to the National Energy Board Act and related legislation as part of changes to environmental legislation under Bill C-38, The Jobs, Growth and Long-Term Prosperity Act. Many of the amendments to the National Energy Board Act that arose from Bill C-38 are now in force.  However, amendments that exempt pipelines and international power-lines from the Navigable Waters Protection Act and implement administrative penalties await a further Cabinet order. 

Procedural Changes

The new legislation modifies the National Energy Board's approval process for pipelines.  The Board's recommendation as to whether a certificate of public convenience and necessity ("CPCN") should be granted for a pipeline will be referred to Cabinet.  Cabinet will then direct the Board as to whether or not a CPCN should be issued and what terms and conditions should apply.  This represents a shift in the responsibility for the issuance of a CPCN from