National Energy Board Ministerial Briefing Binder – Enactment of Damage Prevention Regulations: Updated Damage Prevention Regulations must be in place by 18 June 2016

ISSUES REQUIRING EARLY ATTENTION

Security: Protected B
Date: 4 November 2015

Background:

• Bill C-46 received Royal Assent on 18 June 2015. It requires that all amendments to the NEB Act be in force within one year – that is, by 18 June 2016.
  • It changes the pipeline damage prevention scheme in the NEB Act, and requires the NEB to:
    • define the “safety zone”, or distance from the pipeline, where no activity can take place unless certain rules are followed; and
    • provide the rules for planned activities near a pipeline in regulations.
• To be able to implement this new scheme, new NEB regulations for pipeline damage prevention must be developed and in force by 18 June 2016.
  • The NEB’s current damage prevention regulations will be null and void as of 18 June 2016.
  • s.21(1)(a) s.21(1)(b)
• The NEB has developed a detailed and specific plan in order to meet the timeframe set out in the PSA. s.21(1)(a) s.21(1)(b)

Current Status:

• To date, the NEB is on target with its plan to update the regulations. The NEB is working with the Department of Justice, s.21(1)(a) s.21(1)(b)

Analysis:

• The Minister’s signature is required for recommending the regulations for Canada Gazette, Part I (for a 30 day comment period), and then for Canada Gazette, Part II.
• 21(1) a) 21(1) b)

Next Steps:

• The NEB will continue to work with NRCan staff and provide all of the briefing material and information required.
• Should the Minister wish a briefing prior to the regulations being completed and submitted, the NEB can provide this.

Date modified:

2021-06-11