Canada. National Energy Board : The formation of a national energy board was first proposed in 1957 by the Gordon Royal Commission on Canada's Economic Prospects, and was fully endorsed the following year by the Borden Royal Commission on Energy. The National Energy Board was finally established by an Act of Parliament (7-8 Elizabeth II, c. 46) on November 2, 1959. The NEB was an independent federal regulatory tribunal and was designated a department within the meaning and purpose of the Financial Administration Act. It reported to Parliament through the Minister of Natural Resources Canada (formerly, the Minister of Energy, Mines and Resources).
As defined under the terms of the National Energy Board Act (RSC, 1985, c. N-7), the NEB had two principal functions: - to regulate specific matters concerning oil, gas, and electricity in the public interest by granting authorizations for the export of oil, natural gas, electricity and applications for the import of natural gas; and the construction, operation, and abandonment of international and interprovincial pipelines and international power lines; and the setting of tolls and tariffs on oil, gas and commodity pipelines under its jurisdiction; and - to advise the government on the development and use of both current and future energy resources by keeping under review the Canadian supply of all major energy commodities and the demand for Canadian energy in Canada and in exports markets.
In fulfilling its responsibilities, the Board may, on its own initiative, hold inquiries into a particular aspect of the energy situation and prepare reports for the information of the government, Parliament, and the general public. It also carried out studies and prepared reports at the request of the Minister of Natural Resources.
The Board had all the powers vested in a superior court of record with regard to attendance at hearings, the swearing in and examination of witnesses, the production and inspection of documents, and the enforcement of its orders. Major issues, such as the construction of new pipelines, were dealt with through public hearings. Matters of a recurring nature, such as applications for minor facilities upgrading, repair, etc., or toll adjustments, were dealt with by the Board on the basis of written submissions. These matters, however, may be referred to a public hearing if the NEB felt that the issues raised were of widespread significance.
Following its inception, the mandate of the NEB was expanded somewhat to include specific responsibilities under several other federal acts, specifically the Northern Pipeline Act (in 1978) and the Energy Administration Act (in 1982). In addition, since 1986 Board inspectors have been appointed safety officers by the Minister of Labour to administer Part II of the Canada Labour Code. In April 1991, the Board also assumed regulatory responsibilities under the Canada Oil and Gas Lands Operations Act (COGLA) for oil and gas activities on Canada's frontier lands (that is, lands north of the 60th parallel) and in all non-accord areas (that is, offshore areas in which federal-provincial accords for their development have not been signed). The Board regulates oil and gas exploration, development, and production activities in these areas to enhance worker safety, to protect the environment, and to conserve oil and gas resources for the benefit of all Canadians.
The Board was administered by a chairman, a vice-chairman, and up to seven permanent members, all of whom were appointed for seven-year terms (subject to renewal) by the Governor in Council. In addition the Governor in Council could appoint up to six temporary members to the Board "on such terms and conditions as the Governor in Council may prescribe...". The latter generally consisted of people with a special expertise and were employed by the Board to supervise a particular operation, study, or function. Terms for temporary Board members could range from a period of a few months to two years. The Chairman was the chief executive officer of the Board and had supervision over and direction of the work and all staff.
The National Energy Board was dissolved in 2019 and succeeded by the Canada Energy Regulator (CER). This new institution was formed by the Canadian Energy Regulator Act (S.C. 2019, c. 28, s. 10), and came into force 28 August, 2019. The CER inherited the NEB's responsibilities and continues to maintain records for projects and regulated facilities which began under the NEB.
