ARCHIVED – National Energy Board – 2018–19 Departmental Results Report – Supplementary information tables

Not applicable. In 2018–19 the NEB conducted GBA+ on the program activity level. The governance structure is under consideration at the enterprise level.

0.15 FTE – This includes multiple staff who have worked on various components of implementing GBA+ across the organization at the program activity level.

From the 2018–19 Departmental Plan:

The NEB will enhance opportunities for public and Indigenous participation in NEB adjudication processes to ensure it responds to issues of concern to Canadians.

• Review of adjudication processes to ensure adequacy and responsiveness to Indigenous Peoples issues and concerns.

Performance indicators for this initiative are collected and reported through indicators for the Energy Adjudication core responsibility:

• Percentage of surveyed participants who indicate that adjudication processes are transparent.
• Percentage of surveyed participant funding recipients who agree that participant funding enabled their participation in an adjudication process.

At the time of posting of the 2018–19 DRR, the data for this particular initiative has not been collected, since the project has not been closed. This information will be collected in 2020 and included in the overall results for the above performance indicators in the 2019–20 DRR.

Update on this initiative:

For the A94100 National Energy Board – NOVA Gas Transmission Ltd. – 2021 Expansion Project [Filing A94100], the NEB collected feedback from parties who had been granted standing to participate in the application review before deciding on a hearing process.

In response to the comments received, the NEB held a one-day, third-party facilitated conference to discuss meaningful participation of Indigenous intervenors. Based on this feedback and the work to transition to the CER, the GH-003-2018 hearing process was updated multiple times. These updates provided additional opportunities for Indigenous interveners to participate in the hearing process, such as adjusting the timing of hearing steps to accommodate harvesting, cultural and ceremonial events for Indigenous intervenors.

The process at all times met the requirements of procedural fairness and the needs of a quasi-judicial tribunal.

As a best practice, feedback will continue to be collected on a hearing process when the preliminary list of issues is provided to the public. This will allow for analysis of feedback over time to determine if there are any GBA+ concerns which need to be addressed in the development of hearing processes.

From the 2018–19 Departmental Plan:

The NEB is moving forward with collecting and testing feedback provided on our engagement efforts so we can improve our approach to how we meaningfully engage with Indigenous Peoples and Canadians.

• Meaningful engagement with Indigenous Peoples.

Performance indicators for this initiative are measured through indicators for the Engagement core responsibility.

• Percentage of surveyed Indigenous Peoples who engaged with the National Energy Board who indicate that the engagement was meaningful.

Update on this initiative:

Over the 2018–19 fiscal year, the NEB surveyed participants in engagement events to assess whether the engagement activity was meaningful. The response rate was low from those that self-identified as Indigenous. The NEB acknowledges a higher response rate is needed to identify where more effort is required to improve how we meaningfully engage with Indigenous Peoples.

New approaches are being considered for gathering feedback from engagement events. The NEB has considered feedback from the survey as well as informal feedback from participants in the engagement events to inform the development of priorities related to the Focus Area on Reconciliation.

Performance indicator and results for 2018–19:

• Percentage of surveyed Indigenous Peoples who engaged with the National Energy Board who indicate that the engagement was meaningful.
• Target: 75%, result achieved: 80%

Programs listed below do not have associated reports containing aggregated data with GBA+ at this time.

Programs that collect individual recipient microdata information:

1. Energy System Information and Pipeline Information programs capture the type of requests received from the public (commodity, information type). If offered by the client, they also capture the following:

• Personal identifiers (name, address, province, country)
• Group identifiers (industry, company/organization name)

These programs conduct some trend analysis of types of requests received by clients and industry and/or location analysis.

2. Infrastructure, Tolls & Export Applications program, if provided by the client, captures the following:

• Personal identifiers (name/organization name, contact information, location, region)
• Group identifiers (Indigenous, non-profit, landowner, municipality, etc.)
• Preference of official language communication

Analysis of project related data may occur based on some of the collected information, however it is usually provided within a project application from a company proponent.

3. Participant Funding program captures what type of eligible recipient for applicants (i.e. Indigenous, individuals/groups of individuals with a direct local interest in the project), and if offered the program also captures:

• Personal identifiers (name, contact information)

Any analysis performed would need to occur in conjunction with adjudication processes, since participant funding is awarded to eligible recipients who participate in adjudication processes.

4. Stakeholder and Indigenous Engagement programs keep track of the number of engagement activities and the type of engagement activities. If offered by the participant, the individual microdata captured is:

• Personal identifiers (name, contact information, location of residence)
• Indigenous or non-Indigenous