The NEB makes decisions and recommendations, which include environmental assessments, on applications to construct, operate, decommission, and abandon pipelines and international and designated interprovincial power lines. The NEB also makes decisions on applications for pipeline tolls and tariffs so that they are just and reasonable, applications related to oil and gas exploration and drilling activities and infrastructure in certain northern and offshore areas of Canada, and applications for the export of oil, natural gas liquids, electricity and the export and import of natural gas. Participants in program processes include the applicant, intervenors and commenters, or in the case of formal complaints received by the NEB, all parties to the complaint.
Expected ITEA Program Outcomes…
- Adjudication processes are supported by outreach activities.
- Land matter complaints are resolved in a timely manner.
- Shippers receive pipeline services that meet their needs.
… in support of energy adjudication processes that are fair, timely, transparent and accessible.
Percentage of facility hearings where outreach activities meet commitments, because proactive and responsive outreach will improve participation, contributing to a regulatory process that is fair, timely, transparent and accessible.
- Target 100%
2016-17 No Results
Oral Traditional Evidence in Hearings
Feedback from participants in NEB adjudication processes is positive and meeting performance targets overall. However, we have also heard feedback that these processes are not always sufficiently meaningful or inclusive from the perspective of Indigenous Peoples. Indigenous communities have told us that we could improve our approach to Oral Traditional Evidence (OTE), by making the format reflect the unique values of each community. Indigenous groups have also told us that they are frustrated when they do not see the evidence they present and issues they identify represented in NEB reports and decisions.
In response, the NEB designed and piloted new approaches in 2017, to reflect Indigenous views and concerns. This included moving an OTE session out of our more formal settings and into communities.
The NEB is also doing more to reflect community-specific feedback and issues in our decision or recommendation reports, and to highlight that the feedback was heard and addressed. The first report to follow this format was the Wynwood project and we continued to implement that approach throughout all our facility decisions in 2017-18.
Percentage of land matter complaints resolved within established service standards, to ensure that complaints are resolved in a timely manner.
- Target 100%
2016-17 (new service standards established)
2017-18 Active Complaints by Type
Increased Volume of Land Matter Complaints
Complaints arising from disputes between companies and land owners or Indigenous groups were high in 2017-18. The NEB has noted a new theme of disputes, related to Indigenous concerns about the protection of heritage resources. This issue is arising in several areas of the country as Indigenous groups become more aware of the impacts of pipeline construction and maintenance and seek to get involved in decisions. The issue is complicated, crossing jurisdictional boundaries and different Indigenous groups.
We are using a variety of tools to respond to these complaints, and to ensure that adjudication processes are equipped to meet the needs of all those who want to participate. Where possible and appropriate, the NEB’s ADR team is managing complaints collaboratively through facilitated meetings and mediations. We conducted 10 meetings with parties to a dispute or complaint in 2017-18, and all closed complaints were resolved without the need for adjudication.
The NEB will be working with individual groups through the complaint resolution process and also with regional Indigenous Advisory Monitoring Committees to understand the full impact of the current approach to consultation and monitoring with a view to resolution on a systemic level.
In regards to the response and handling of this complaint by the NEB, specifically yourself, my experience has been very satisfactory. Your response has been exemplary and very effective. I am very sure that company response to this issue was expedited due to your involvement. I would highly recommend at least speaking with the NEB if first contact with any company is less than satisfactory. My experience with you has left me with the knowledge that the NEB is looking after the public’s best interests with regards to any project effects on the public in general.ADR Participant
Percentage of shippers that rate the overall quality of pipeline’s services offering and delivery at three or higher on a five- point scale.
Because this information offers insight about Canadian energy
and transportation markets.
- Target 80%