Appendices
Appendix A
National Energy Board – Members
Peter Watson (Chair/CEO)
Prior to his appointment to CEO and Chair of the National Energy Board, Mr. Watson served in a variety of portfolios within the Government of Alberta, including as Deputy Minister, Executive Council (2011 to 2014); Deputy Minister, Alberta Energy (2008 to 2011); Deputy Minister, Alberta Environment (2005 to 2008) and Assistant Deputy Minister, Environmental Assurance Division, Alberta Environment (2002 to 2005).
Mr. Watson has also held the positions of President of the Clean Air Strategic Alliance, President of the Alberta Water Council, a multi-stakeholder partnership with 24 Members from governments, industry, and non-government organizations.
Professional Affiliations, Degrees and Distinctions:
- Member of the Association of Professional Engineers, Geologists and Geophysicists of Alberta (APEGGA)
- Fellow of the Canadian Academy of Engineering
- Completed Directors Education Program through the Institute of Corporate Directors
- Named Alberta’s Resource Person of the Year, 2011
- B.Sc. Civil Engineering
Lyne Mercier (Vice-Chair)
Before joining the NEB, Ms. Mercier worked at Gaz Métropolitain for more than 29 years, serving 10 years in executive positions including Director, Gas Supply Division and Head of the pricing division.
Professional Affiliations, Degrees and Distinctions:
- Bachelor of Commerce, St. Mary’s University
- Executive MBA from l’École des Hautes Études Commerciales
Roland George
Mr. George has worked primarily in the private energy sector for over three decades. Before joining the NEB, Mr. George was the Senior Principal at Purvin & Gertz, an international energy–consulting firm (1998 to 2006); Vice President Electricity & Natural Gas Research at the Canadian Energy Research Institute (1994 to 1997), various executive positions with Gaz Métropolitain (1983 to 1993; Montréal); Advisor – Corporate & Regulatory Affairs Téléglobe Canada (1981 to 1983; Montréal) and Analyst – Economic & Financial Analysis Canadian Pacific Limited (1979 to 1981).
Professional Affiliations, Degrees and Distinctions:
- Member of the National Association of Regulatory Utility Commissioners’ (NARUC) Gas Committee and subcommittee, the Energy Resources and Environment Committee, and the International Association of Energy Economists
- Former member of the Executive Committee and the Chair of the Regulatory Affairs Committee of the Canadian Association of Members of the Public Utility Tribunal (CAMPUT) (now Canada’s Energy and Utility Regulators)
- Masters of Business Administration (MBA) degree from École des Hautes Études Commerciales (HEC)
- Master’s degree in Economics (MA) from Carleton University
- Bachelor of Science degree (BSc) in Mathematics (major) and Computer Science from McGill University
Philip H. Davies
Before joining the NEB, Mr. Davies spent over 30 years acquiring, constructing and operating energy infrastructures and facilities in North America’s oil, gas and electric power industries.
During his career, Mr. Davies served as a member of several senior management teams – notably as Vice-President, Law and General Counsel of SaskPower; Vice–President, General Counsel and Corporate Secretary of Encana Gas Storage; and Associate General Counsel of Encana Midstream and Marketing.
Professional Affiliations, Degrees and Distinctions:
- ICD.D certification, Institute of Corporate Directors of Canada
- Q. Arb. certification, ADR Institute of Canada
- Member, Law Society of Alberta
- Former President, Association of General Counsel of Alberta
- Former Chair, Canadian Energy Law Foundation
- Former Member of National Executive, Canadian Bar Association, Environment, Energy and Resources Law Section
- Former Member of the Executive Committee and Treasurer of the Canadian Association of Members of the Public Utility Tribunal (CAMPUT) (now Canada’s Energy and Utility Regulators)
Shane Parrish
Mr. Parrish has had more than 24 years of experience in the area of community economic development in the Northwest Territories, Nunavut, and NE British Columbia. Since 2002, Mr. Parrish has worked in consultation, Indigenous business development and negotiations in the petroleum and mining industries. He has represented First Nations clients in negotiations with major Canadian energy producers and pipeline companies, with a focus on access and benefits agreements.
Previously, Mr. Parrish was Manager of Business Development for Canadian Petroleum Engineering Inc.; CEO of the Acho Dene Koe Corporate Group; and Economic Development Officer with the Government of the Northwest Territories.
Professional Affiliations, Degrees and Distinctions:
- Bachelor of Arts in Economics from the University of Calgary
- Diploma in Social Development from the Coady International Institute – St. Francis Xavier University
Murray Lytle, Ph.D.
Dr. Murray Lytle has nearly 40 years’ experience in the energy and mining sectors spanning North America, South America and Asia.
He has held a series of senior positions in the oil, gas and mining industries, serving as General Manager of the Lima engineering office for H.A. Simons Ltd. (now AMEC E&C) of Vancouver, BC; manager and consultant on more than 30 mining projects in North and South America and Asia; President and owner of Tessa Resource Consultants (2001 to 2005); and Vice-President of Development for Sienna Gold Inc. (2005 to 2009). In his most recent position, he served as the Divisional Manager for Snowden Mining Industry Consultants Inc., an internationally recognized mine engineering consultancy.
Professional Affiliations, Degrees and Distinctions:
- Ph.D., Mining Engineering (Corporate Social Responsibility) from the University of British Columbia.
- Member of the Association of Professional Engineers and Geoscientists of Alberta (P.Eng.).
Steven Kelly
Mr. Kelly has over 30 years of practical expertise in maximizing the potential of conventional and unconventional energy resources, and brings considerable technical and commercial knowledge of North American and global energy markets.
Most recently, he served as Vice President at IHS Energy, in the firm’s Calgary office. Mr. Kelly also served as a Senior Vice President and Director at Purvin & Gertz Inc., a global independent energy consultancy, before its acquisition by IHS in 2011.
Mr. Kelly began his career in the refining and marketing division at Shell Canada Limited, holding various technical and planning roles.
Professional Affiliations, Degrees and Distinctions:
- Bachelor’s degree in Chemical Engineering from McMaster University.
- Master’s degree in Chemical Engineering from McMaster University.
- Master’s in Business Administration from the University of Calgary.
- Registered Professional Engineer (P.Eng.) with the Association of Professional Engineers and Geoscientists of Alberta (APEGA).
Keith Chaulk, Ph.D.
Prior to joining the NEB, Dr. Chaulk held senior leadership positions including Vice President Indigenous with the University of the Arctic and ex–officio member of the UArctic Board of Directors (2013 to 2015); and Director of the Labrador Institute of Memorial University (2007 to 2015).
His northern regulatory experience includes tenures on the Voiseys Bay Environmental Management Board, the Nunatsiavut Land Use Planning Authority, the Lower Churchill Environmental Assessment Panel, and the conservation branch of Environment Canada in Labrador. Dr. Chaulk has also published numerous peer reviewed articles ranging from terrestrial and marine ecology to indigenous land use.
Affiliations, Degrees and Distinctions:
- B.Sc., Biology, Dalhousie University, 1994
- M.Sc., Biology, Acadia University, 2001
- PhD, Cognitive and Behavioural Ecology, Memorial University, 2006
Temporary Members
Alison Scott
With more than thirty years with the Nova Scotia government, Ms. Scott served in various capacities including Clerk of the Executive Counsel, Secretary to Cabinet, and Deputy Minister of Energy and Intergovernmental Affairs, before her retirement in 2012.
Prior to her time as a Deputy Minister, Ms. Scott served as a litigator with the Nova Scotia Department of Justice, specializing in administrative law and constitutional law, and oversaw the development of Nova Scotia’s energy research with the Nova Scotia Department of Energy.
In 2009 Ms. Scott was seconded to Environment Canada to advise the Deputy Minister in the development of Canada’s approach to climate change negotiations.
Professional Affiliations, Degrees and Distinctions:
- Graduate of Dalhousie Law School (LLB) and St FX University (BA Hons.)
- Recipient of the Premiers Award for outstanding Public Service in 2008 and 1992
- Recipient of the Queen’s 125th Anniversary of the Confederation of Canada Medal (1992), for significant service to her community and Canadians
Damien Côté
Mr. Côté has had broad legal, regulatory and management experience in Canada’s North, most recently as Chief Operating Officer of the Inuvialuit Regional Corporation where he served as principal advisor to the Chair and Chief Executive Officer.
Prior to Mr. Côté’s experience as an executive in northern regulatory affairs, he worked for the Department of Justice Canada and the Public Prosecution Service of Canada; and an economic researcher and consultant for a variety of municipal, national and international clients.
Professional Affiliations, Degrees and Distinctions:
- Juris Doctor (J.D.), University of Ottawa
- Licentiate of Laws (LL.L.), University of Ottawa
- Masters of Arts in Economics (MA), University of Toronto
- Bachelor of Engineering – Environmental (B.Eng), Carleton University
- Bachelor of Arts Honours – Economics (B.A. Hons.), Carleton University
- Member of the Law Society of Upper Canada
Past Temporary Members1
David Hamilton
Mr. Hamilton has more than 30 years of experience working in the Northwest Territories (NWT) and Nunavut in the development of communities through both the parliamentary and democratic processes.
He served as Deputy Minister and Clerk of the Legislative Assembly of the Northwest Territories for 20 years. In addition, as Chief Electoral Officer for the Northwest Territories, Mr. Hamilton administered the first general election for Members to the Legislative Assembly in Canada’s two new Territories, Nunavut and the Northwest Territories, following the division of the NWT in 1999. He has participated in the ratification votes for the Gwich’in Land Claim Agreement, the Sahtu Settlement Agreement and the Inuit Land Claim Settlement.
James Ballem
Prior to joining the NEB in 2012, Mr. Ballem served in various capacities with the provincial government of Prince Edward Island (PEI). He was elected to the PEI Legislative Assembly and served as Chair of the Standing Committee on Agriculture, Forestry and the Environment (1996 to 2000); Minister of Health and Social Services (2000 to 2003); and Attorney General and Minister of Environment and Energy (2004 to 2007).
Mr. Ballem owned and operated a dairy farm in partnership with his father, and was named the first Chair of the PEI Milk Marketing Board, serving in that capacity until 1987. At that time, he was also appointed as Chair of the PEI Potato Commission and the PEI representative on the Sectorial Advisory Group on International trade, a position he held until 1989.
In 2007, Mr. Ballem established an energy consulting business, with an emphasis on renewable energy.
Professional Affiliations, Degrees and Distinctions:
- Degree in Business Administration, University of Prince Edward Island.
1 – THESE MEMBERS SERVED THE NATIONAL ENERGY BOARD IN 2018-19, PRIOR TO THEIR TERMS ENDING
Jacques Gauthier2
Before his appointment to the NEB, Mr. Gauthier served as President and Chief Executive Officer of LVM Inc., an environmental geotechnical and energy services firm; and President and CEO of Boralex Inc., one of Canada’s largest private renewable energy producers.
Throughout his career, Mr. Gauthier has contributed to the creation and development of major energy projects in Canada, the United States and Europe, and has served on a wide variety of boards of directors and committees, including the Organizing Committee of the Vancouver 2010 Olympic Games, the Canadian Olympic Committee, and the Prime Minister’s Advisory Committee on the Public Service.
Professional Affiliations, Degrees and Distinctions:
- Bachelor of Law degree from the Université de Sherbrooke
- Member of the Bar of the Province of Québec
- Past Board Chairman, Québec Wildlife Foundation
- Past President, Advisory Committee on Official Languages for the Vancouver 2010 Olympic Games (2008 to 2010)
- Recipient of the Québec Mercuriades Award in recognition of excellence in Occupational Health and Safety, 2012
Alain Jolicoeur
Mr. Jolicoeur has over 35 years in the Public Service of Canada, with considerable executive experience at the Federal level. He has served as President of the Canada Border Services Agency (2003 to 2008), Deputy Minister, Indian and Northern Affairs (2002 to 2003), Deputy Commissioner and Associate Deputy Minister/Deputy Commissioner designate, Canada Customs and Revenue Agency (1999 to 2002), Chief Human Resources Officer, Treasury Board Secretariat (1997 to 1999), Assistant Secretary, Labour Relations and Human Resources Management, Treasury Board Secretariat (1995 to 1997), and Director General, Human Resources, Environment Canada (1992 to 1995).
Since 2008, Mr. Jolicoeur has acted as President of AMPRAX Inc., as well as Principal at Fleury, Bouchard Jolicoeur.
Professional Affiliations, Degrees and Distinctions:
- Institute of Corporate Directors Certificate, Rotman School of Management
- Meteorology, Université du Québec à Montréal
- Master of International Law and Customs, University of Canberra, Australia
- Bachelor of Applied Sciences in Physics Engineering, Laval University
- Member, Board of Governors of Ottawa University
- Chair, Audit Committee of the Canada Space Agency
- Past Member, Board of the Institute on Governance
- Former Vice–Chair, Executive Committee of the World Customs Organization
- Past Chair, Pay Council of the RCMP
2 – MR. GAUTHIER WAS AUTHORIZED TO CONCLUDE THE ADJUDICATION OF SPECIFIED MATTERS AS PER SEC 16(6) OF THE NEB ACT.
Ronald Durelle
Mr. Durelle joined the NEB with 33 years of public service leadership in the areas
of finance, administration and specialized corporate services, and has been at the forefront of numerous government reorganization and efficiency initiatives as well as major health and wellness reform initiatives.
Mr. Durelle served as Assistant Deputy Minister in three New Brunswick provincial government departments: Wellness, Culture and Sports (2008 to 2015), Tourism and Parks (2004 to 2008), and Health and Wellness (2001 to 2004). He was also the provincial government representative on the New Brunswick Museum Board, the Pays de la Sagouine Board and New Brunswick Pensions Committee, prior to his retirement in 2015.
Professional Affiliations, Degrees and Distinctions:
- Bachelor of Business Administration with Distinction (1982)
- Chartered Professional Accountant/Certified General Accountant (1987)
- Queens Executive Leadership Program (2002)
- Past Chair, Kings Landing Historical Board
- Past Chair, Canada Parks Council
- Past Chair, New Brunswick Mental Health Reintegration Committee
- Former Treasurer, New Brunswick Alzheimer’s Society
Wilma Jacknife
Ms. Jacknife has over 15 years of experience practicing law, both in private practice and as legal counsel for Cold Lake First Nation in Alberta. She specializes in First Nations Governance, Consultation and Negotiation of Impact Benefit Agreements, Business Development, Administrative Law, Employment and Estates Law, and acted as a mentor to students at the Coady International Institute’s Indigenous Women in Community Leadership Program.
Between 2006 and 2009, Ms. Jacknife represented Cold Lake First Nation and Tribal Chiefs Ventures on the Indian Resource Council / Indian Oil and Gas Canada Joint Task Force which effected amendments to the Indian Oil and Gas Act and associated regulations.
Ms. Jacknife has extensive experience working with First Nations organizations across Canada including the Assembly of First Nations, the Grand Council of Treaty 8, First Nations Resource Council and the Indian Association of Alberta.
Professional Affiliations, Degrees and Distinctions:
- Doctor of Juridical Science and Indigenous Peoples Law and Policy, University of Arizona (2012)
- Master of Laws in Indigenous Peoples Law and Policy (LLM), University of Arizona (2006)
- Bachelor of Laws (LL.B), University of British Columbia (1994)
- Bachelor of Arts with Specialization, University of Alberta (1991)
- Bachelor of Arts, General, University of Alberta (1989)
- Member of the Indigenous Bar Association
- Member of the Law Society of Alberta
Carole Malo
Carole Malo’s 30–year career has focused on the development, procurement and implementation of large energy and infrastructure projects in Canada and internationally. She has held senior roles in both the private and public sector including Vice–President, SNC–Lavalin Capital; Director, Investment Projects and Affiliates, Hydro–Quebec; Vice–President and Treasurer, AECON Group; and Vice–President, Project Finance, Infrastructure Ontario.
Prior to joining the NEB, Ms. Malo ran her own consultancy firm specializing in providing independent strategic advice and support to public and private sector organizations as well as First Nations in Quebec and Ontario in the infrastructure, energy and public-private partnerships sectors.
Professional Affiliations, Degrees and Distinctions:
- B.A.A. Finance (Hons), École des Hautes Études Commerciales (1980)
- Chartered Financial Analyst, C.F.A. Institute (1997)
- CSI, Canadian Securities Course (Hons) (2013)
- Fellowship in Board Governance, Canadian Board Diversity Council (2016)
- Member of Women in Infrastructure, Women in Energy, International Women’s Forum, Institute of Corporate Directors, and CFA Institute
- Past Board Member, Hamilton Utilities Corporation
- Past Board Member, TOK Transit
- Past Board Member, Humber River Hospital
- Past Board Member, United Way (Women Gaining Ground)
Marc Paquin3
Throughout Marc Paquin’s 29–year career as a lawyer, he has focused on environmental and sustainable development law, policy and governance.
Mr. Paquin served as President and Chief Executive Officer for the UNISFÉRA International Centre (2002 to 2016), an independent advisory think tank focused on the integration of economic, social and environmental considerations in decision-making at the policy, planning and management levels in the public and private sectors, both in Canada and abroad. He has also served as a part-time member of the Bureau d’audiences publiques sur l’environnement (BAPE) with the Government of Quebec (2014 to 2016).
As an academic, he taught courses and conducted research on environmental law, corporate law, international trade and development at the University of Sherbrooke, l’Académie internationale de l’environnement (Geneva), and McGill University.
Professional Affiliations, Degrees and Distinctions:
- Member of the Quebec Bar (since 1988)
- Master of Business Administration (MBA) – Université du Québec à Montréal (2004)
- Master of Laws (LL.M.) – McGill University (1992)
- Bachelor of Laws (LL.B.) – Université de Montréal (1987)
- Recipient of Chief Justice R.A. Greenshields Memorial Scholarship
- Recipient of Québec Young Bar Association Scholarship
3 – MR. PAQUIN WAS AUTHORIZED TO CONCLUDE THE ADJUDICATION OF SPECIFIED MATTERS AS PER SEC 16(6) OF THE NEB ACT.
Appendix B: 2018-19
Application Activity
The following table outlines the number of applications received and decisions issued in 2018–2019, by type of application. The applications include those that are subject to a routine application evaluation process where no one other than the applicant has expressed interest in providing input as well as applications where the NEB has established a public hearing process for receiving input from people other than the applicant as part of its evaluation process.
Abbreviations:
- National Energy Board Act (NEBA)
- Onshore Pipeline Regulations (OPR)
- Canada Oil and Gas Operations Act (COGOA)
- Canada Petroleum Resources Act (CPRA)
- COGOA Drilling and Productions Regulations (D&P Regs)
- COGOA Geophysical Operations Regulations (GO Regs)
| INFRASTRUCTURE APPLICATIONS | # Applications Received | # Decisions or Recommendations Issued | ||
| 2018-19 | 2017-18 | 2018-19 | 2017-18 | |
| Plans, Profiles and Books of Reference/Detailed Route (NEBA, Part III, s. 33-36) |
0 | 2 | 8 | 15 |
| Further Plans or Deviations (NEBA, Part III, s. 44, 45) |
2 | 2 | 5 | 2 |
| Large Pipeline Facilities (NEBA, Part III, s. 52, s. 53) |
2 | 0 | 1 | 1 |
| Small Pipeline Facilities (NEBA, Part III, s. 58) |
35 | 56 | 34 | 45 |
| Power Line Permits (NEBA, Part III, s. 58.11) |
0 | 1 | 1 | 1 |
| Power Line Certificates (NEBA, Part III, s. 58.16) |
0 | 0 | 1 | 0 |
| Sales and Transfers (NEBA, Part V, para 74(1)(a), (b),(c)) |
10 | 9 | 4 | 12 |
| Abandonments (NEBA, Part V, para 74 (1)(d)) |
9 | 6 | 1 | 7 |
| Crossings (NEBA, Part V, s. 81, 112) |
0 | 0 | 0 | 0 |
| Right of Entry and Construction over other Utility Lines (NEBA, Part V, s.104 and 108) |
8 | 3 | 3 | 0 |
| OPR Applications: Change of Service, Deactivation,
Reactivation, Decommissioning (OPR, Part VI, s. 43, 44, 45, 45.1) |
16 | 21 | 10 | 25 |
| Substituted Service Regulations Applications (ss 3(1)) |
1 | 10 | 1 | 10 |
| Total Infrastructure Applications | 83 | 110 | 69 | 118 |
| TOLLS AND TARIFFS APPLICATIONS | ||||
| Tolls and Tariffs (NEBA, Part IV, s. 59, 60, 62-65, 71) |
19 | 25 | 19 | 22 |
| Total Tolls and Tariffs | 19 | 25 | 19 | 22 |
| EXPORTS & IMPORTS APPLICATIONS | ||||
| Oil and Gas short-term orders (NEBA, Part I, ss. 21 (1); NEBA, Part VI (Oil and Gas) Regulations: Part I, ss 6(3); Part II, s 15 or 22; Part III, s. 28) |
604 | 489 | 605 | 489 |
| Electricity Permits (NEBA, Part I, s.21, 21.2 and Part VI. s.119.03, and 119.093) |
20 | 17 | 18 | 14 |
| Long-term licences (NEBA, ss. 119(3); Part I, s. 21, ss 21. (1); Part VI, s. 117(1) |
5 | 5 | 4 | 6 |
| Total Exports & Imports | 629 | 511 | 627 | 509 |
| EXPLORATION & PRODUCTION | ||||
| Applications to drill a well (COGOA, D&P Regs s. 10-13) |
0 | 0 | 0 | 0 |
| Applications to alter the condition of a well (COGOA, D&P Regs s. 10-13) |
1 | 6 | 1 | 5 |
| Geological and geophysical applications (COGOA para 5(1)(b) and GO Regs s. 3) |
0 | 0 | 0 | 0 |
| Significant Discovery Applications on frontier lands (CPRA s. 28) |
0 | 0 | 0 | 0 |
| Commercial Discovery Applications on frontier lands (CPRA s. 35) |
0 | 0 | 0 | 0 |
| NWT OGOA Applications (all) | 0 | 0 | 0 | 0 |
| Total Exploration & Production | 1 | 6 | 1 | 5 |
| OTHER | ||||
| Powers of the Board and Variances (NEBA, Part I, s. 12-13, 21) |
13 | 53 | 32 | 24 |
| Total Other | 13 | 53 | 32 | 24 |
| Total All Applications & Decisions/Recommendations | 745 | 705 | 748 | 678 |
Appendix C: Application Summaries
Decisions and Recommendations Issued in 2018–19 Include the Following:
Infrastructure
Trans Mountain Expansion Project Detailed Route hearings took place over a period of time in the previous year and hearings in progress in the Lower Mainland of B.C. were put on hold in August 2018, due to the decision directing the NEB to reconsider parts of its certificate decision. Detailed route hearings enable the impacted landowners or land rights holders to share their concerns related to site–specific locations along the route and oral portions of the hearings take place in communities along the route.
The following Trans Mountain Expansion Project detailed route decisions were issued in 2018-19:
MH-046-2017 – Underhill Lands Ltd – [Filing A91282]
MH-034-2017 – City of Coquitlam – [Filing A91283]
MH-033-2017 – City of Burnaby – [Filing A91505]
MH-049-2017, MH-050-2017, MH-051-2017, MH-052-2017, MH-057-2017, MH-058-2017 – Burnaby Residents – [Filing A91504]
MH-070-2017 – Little Fort Herefords – [Filing A91573]
MH-053-2017 – Ms. Guo – [Filing A91860]
MH-036-2017 – Fraser Heights Community Association – [Filing A91883]
MH-002-2018 – Nestlé – [Filing A29445]
MH-078-2017 – Mr. Richardson and Mr.McMahon – [Filing A92764]
MH-003-2018 – 1054408 BC Ltd. – [Filing A93284]
Trans Mountain Chilliwack Variance was subject to a hearing process that culminated in a decision (OH–001–2017) [Filing A91053] released in April 2018 to authorize a change to the pipeline corridor for the Trans Mountain Expansion Project route near the City of Chilliwack. The detailed route is still to be determined for this area subject to the Reconsideration decision.
Trans Mountain Expansion Project – Reconsideration was a condensed hearing process to reconsider aspects of the Trans Mountain Expansion Project pertaining to project–related marine shipping. This included listening to Oral Indigenous Knowledge and written questioning. The process commenced in September 2018 and a report (MH-052-2018) [Folder 3751789] was issued by the NEB in February 2019 which included 16 new recommendations.
Manitoba to Minnesota International Powerline project commenced a formal hearing process in January 2018 to consider the project application from Manitoba Hydro for authorization to construct and operate a 500 kilovolt international power line extending from the Winnipeg area to the U.S. border in southeastern Manitoba as well as upgrades to three existing electrical stations in southern Manitoba. A decision (EH–001–2017) [Filing A95736] was issued in November 2018 following a comprehensive regulatory process and 28 conditions were imposed.
NGTL North Montney Variation application sought to modify the Certificate for the North Montney Mainline Project to allow gas to flow east and to proceed with certain components independent of final investment decisions related to liquified natural gas exports from the west coast of B.C. Tolling matters were also at issue. The application underwent an adjudicative hearing process that included 40 participants and resulted in a decision (MH–031–2017) [Filing A92071] released in May 2018.
NGTL Northwest Mainline Loop (Boundary Lake North) project will be located in northwestern Alberta and includes 23 kilometers of new pipeline to transport natural gas. After a written hearing process the Board released its decision (GHW–001–2018) [Filing A93328] in July 2018 which included 15 conditions.
Westcoast Energy Inc. Spruce Ridge Program hearing was ordered in April 2018, to adjudicate the company’s application to build and operate two natural gas pipeline loops, totalling 38 kilometers, and associated facilities located in northern B.C. After hearing from persons with concerns about the project, a decision (GH–001–2018) [Filing A96562] was released in December 2018.
Tolls and Tariffs
TransCanada PipeLines Limited 2018 to 2020 Mainline Tolls This application and process was a result of the directions made by the Board in its decision for RH-001-2014. TransCanada presented its application to the Mainline Tolls Task Force and the result of the vote was “Supported with Opposition”. The Board’s findings and decisions are detailed in its Reasons for Decision (RH–001–2018) [Filing A96655] which was released in December 2018 following a written public hearing process.
Westcoast Energy Inc. Application for 2018 and 2019 Transmission Toll Settlement sought approval of the 2018-2019 Toll Settlement for Zones 3 and 4 under Part IV of the NEB Act. BP Canada opposed the application. After a written process, the Board issued its decision [Filing A93366] and Order TG–006–2018 in August 2018.
Nipigon LNG Corporation in Respect of TransCanada PipeLines Limited requesting the Board direct TransCanada to provide adequate and suitable facilities for the interconnection of the Nipigon LNG Project with the TransCanada Mainline at a point on the Northern Ontario Line upstream of TransCanada’s Nipigon Compressor Station in the unorganized Township of Ledger. The request was made under subsection 71(3) and Part I and IV of the NEB Act. Details of the Board’s assessment can be found in its decision [Filing A96353] issued in December 2018 following a comment process.
Export and Import
Under Part VI, applications to import and/or export come in two forms: short–term orders and long-term licences.
| Totals for FY 2018-19 | New | Amendments | Renewals | Revocations | Total |
| Propane short-term export orders | 10 | 0 | 75 | 2 | 87 |
| Butanes short-term export orders | 4 | 0 | 61 | 1 | 66 |
| Oil short-term export orders | 36 | 8 | 171 | 1 | 216 |
| Gas short-term export and import orders | 218 | 13 | 0 | 5 | 236 |
| Electricity export permits issued | 13 | 4 | 0 | 1 | 18 |
| Propane long-term export licences | 1 | 0 | 0 | 0 | 1 |
| Gas long-term licences (import and export) including liquefied natural gas | 0 | 3 | 0 | 0 | 3 |
| Total | 282 | 28 | 307 | 10 | 627 |
In 2018–19, the Board received five long-term licence applications (including amendments and revocations). This remains unchanged compared to applications received during 2017–18. Four decisions concerning export licences were issued by the Board as of 31 March 2019.
Pacific Traverse Energy Ltd. – 25 year Licence to Export Propane – Decision – GL-341 [Filing A99367]
Seneca Resources Company, LLC – Name Change – AO-001-GL-336 [Filing A93974 ]
Repsol Oil & Gas Canada – Name Change – AO-001-GL-296 and AO-001-GL-297 [Filing A98274]
Appendix D:
2018-19 Service Standards Results
| SERVICE STANDARDS | SERVICE STANDARD RESULTS 2018–19 |
|
| Participant Funding | 80% of funding decisions are provided within 30 days of a complete application or application deadline |
131 funding decisions: 100% completed within 30 days |
| Hearing Recommendations | 80% of Reasons for Recommendation / Decision completed within 12 weeks following a public hearing |
21 decisions: 81% completed within 12 weeks following a public hearing |
| Export/Import Authorizations |
80% of short-term order decisions made within two working days (excludes renewals) |
268 received: 100% of decisions released within targeted timelines |
| Electricity Export Permits | 80% of decisions released within target following the completion of the Notice of Application/Directions on Procedures period |
13 received: 100% of decisions released within targeted timelines |
| Landowner Complaints | Respond with initial course of action: 100% responded to within ten calendar days |
16 files: 100% responded to within ten calendar days |
| Onshore Pipeline Regulations and Processing Plant Regulations Audits | 80% of draft audit reports sent to the audited company within twelve weeks of field work completion 80% of final audit reports sent to the audited company within twelve weeks of receiving the company’s comments on the draft report |
7 draft audit reports: 71% of draft audit reports released within twelve weeks of field work completion 7 final audit reports: 100% of the final audit reports completed within twelve weeks of receiving the company’s comments on the draft report |
| Financial Audits | 80% of draft financial reports sent to the audited company within eight weeks of completing field work 80% of final financial audit reports sent to company within three weeks of receiving the audited company’s comments on the draft financial report |
2 draft financial report: 100% of draft audit reports released within eight weeks of completing field work 3 final financial audit report: 100% of final financial audit reports sent to company within three weeks of receiving the audited company’s comments on the draft financial report |
| Non-hearing Section 58 Applications |
80% of decisions released by the target date from the application complete:
|
31 received: 100% of decisions released within targeted timelines |
| CANADA OIL AND GAS OPERATIONS ACT APPLICATIONS | ||
| Well Drilling Applications | 80% of decisions rendered within 21 calendar days of receiving a complete application | N/A |
| Applications to Alter the Condition of a Well | 80% of decisions rendered within 21 calendar days of receiving a complete application | 1 received: 100% of decisions rendered within 21 calendar days |
| Geological and Geophysical Applications | 80% of decisions rendered within 30 calendar days of receiving a complete application | N/A |
| CANADA PETROLEUM RESOURCES ACT APPLICATIONS | ||
| Significant Discovery Applications on Frontier Lands | 80% of decisions rendered within 90 calendar days from the day all information is available to begin the valuation process | N/A |
| Commercial Discovery Applications on Frontier Lands Well Drilling Applications | 80% of decisions rendered within 90 calendar days from the day all information is available to begin the evaluation process | N/A |
| Library Requests | 90% of requests responded to within one working day | 819 requests: 96% of requests responded to within one working day |
Appendix E: Safety Orders
There were no new safety orders issued in 2018–19.
Many Safety Orders will remain in effect for several years and staff continue to monitor them. The existence of a Safety Order in many cases establishes and imposes safe thresholds for continued operation (e.g. pressure restrictions). It is necessary to keep these restrictions in place until such time the Board is of the opinion that the company has sufficiently addressed underlying issues.
For a complete list of Compliance and Verification reports, please visit the NEB’s Compliance and Enforcement page.
Appendix F:
Administrative Monetary Penalties
| Reference Number |
Last Updated (yyyy-mm-dd) |
Recipient | Region/Facility | Description | Penalty Amount |
| AMP-001-2018 | 2018-06-25 | Canadian Natural Resources Ltd. |
Ojay Pipeline | Failure to comply with condition of a Board Order re: PCEMR submission |
$40,000 |
| AMP-002-2018 | 2018-07-10 | Trans-Northern Pipelines Inc. | Montreal Feeder System | Contravention of a Board Order | $28,000 |
| AMP-001-2019 | 2019-01-30 | Plains Midstream Canada | Regina, Saskatchewan | Failure to locate a pipeline as prescribed by para. 6(1)(b) of the Damage Prevention Regulations – Obligations | $88,000 |
Appendix G:
Abandonment Funding
Companies using Letters of Credit or Surety Bonds
This table lists all NEB-regulated companies that have a financial instrument on file with the NEB for the full amount of their abandonment cost estimate.
| COMPANY | FINANCIAL INSTRUMENT |
AMOUNT OF INSTRUMENT (IN DOLLARS) |
| 1057533 Alberta Ltd. (Harvest Operations Corp) | Letter of Credit | 898,936 |
| 6720471 Canada Ltd. | Letter of Credit | 40,000 |
| Altagas Holdings Inc. for and on behalf of Altagas Pipeline Partnership | Surety Bond | 30,300,000 |
| ARC Resources Ltd. | Letter of Credit | 586,000 |
| Bellatrix Exploration Ltd. | Letter of Credit | 54,000 |
| Blackbird Energy Inc. | Letter of Credit | 11,600 |
| Bonavista Energy Corporation | Letter of Credit | 16,830 |
| Bow River Energy Limited | Financial instrument cashed by the Board |
68,500 |
| Caltex Resources Ltd. | Letter of Credit | 73,800 |
| Canadian Natural Resources Limited | Surety Bond | 2,084,442 |
| Canadian-Montana Pipe Line Company | Surety Bond | 200,000 |
| Champion Pipe Line Corporation Limited | Letter of Credit | 8,262,000 |
| Cona Resources Ltd. | Letter of Credit | 132,000 |
| ConocoPhillips Canada Operations Ltd. | Letter of Credit | 606,139 |
| Crescent Point Energy Corp. | Letter of Credit | 315,855 |
| Delphi Energy Corporation | Surety Bond | 163,000 |
| Enbridge G and P Canada Pipelines Inc.(transferred from Murphy Oil) | Letter of Credit | 3,673,500 |
| Encana Corporation 2 Mid tupper | Letter of Credit | 279,068 |
| Encana Corporation 3 Typper-Hythe | Surety Bond | 2,221,985 |
| Encana Corporation 4 Deep Panuke | Letter of Credit | 70,000,000 |
| ExxonMobil Canada Properties | Letter of Credit | 42,108,000 |
| FortisBC Huntingdon Inc. | Letter of Credit | 115,754 |
| Glenogle Energy Inc. | Letter of Credit | 72,600 |
| Great Lakes Pipeline Canada Ltd. | Financial instrument cashed by the Board | 12,190,000 |
| Husky Oil Operations Limited | Letter of Credit | 7,700,000 |
| Ikkuma Resources Corp. | Surety Bond | 300,000 |
| ISH Energy Ltd. | Surety Bond | 2,814,887 |
| LBX Pipeline | Letter of Credit | 3,070,000 |
| Obsidian Energy Inc. | Letter of Credit | 2,779,657 |
| Omimex Canada, Ltd. | Letter of Credit | 132,950 |
| ONEOK Rockies Processing Company (Canada) Ltd. | Letter of Credit | 132,000 |
| Pembina Energy Services Inc. | Surety Bond | 4,057,109 |
| Pembina Prairie Facilities Ltd. | Letter of Credit | 4,820,121 |
| Pine Cliff Border Pipelines Limited | Letter of Credit | 621,500 |
| Pine Cliff Energy Ltd. | Letter of Credit | 255,000 |
| Resolute FP Canada Inc. | Letter of Credit | 39,000 |
| Shell Canada Products Limited | Letter of Credit | 265,450 |
| Shiha Energy Transmission Ltd. | Surety Bond | 180,000 |
| Spartan Energy Corp. | Letter of Credit | 226,462 |
| SanLing Energy Ltd. | Letter of Credit | 45,000 |
| Steppe Petroleum Inc. | Letter of Credit | 242,900 |
| Strategic Transmission Ltd. | Letter of Credit | 245,447 |
| Sunoco Logistics Partners Operations GP LLC | Surety Bond | 1,100,000 |
| Tamarack Acquisition Corp. | Letter of Credit | 43,980 |
| TAQA North Ltd. | Letter of Credit | 1,026,000 |
| Terra Energy Corp. | Financial instrument cashed by the Board | 74,375 |
| Tundra Oil & Gas Limited for and on behalf of Tundra Oil & Gas Partnership | Letter of Credit | 74,335 |
| Venturion Oil Limited | Letter of Credit | 112,287 |
| Veresen Energy Pipeline Inc. | Surety Bond | 2,500,000 |
| Veresen NGL Pipeline Inc. (Empress Pipeline) | Letter of Credit | 1,481,840 |
| Whitecap Resources Inc. | Letter of Credit | 920,713 |
| Windmill Dream (transferred from Domtar) | Letter of Credit | 213,097 |
| Yoho Resources Inc. | Letter of Credit | 50,000 |
Companies using Trusts
This table lists all NEB-regulated companies that have a financial instrument on file with the NEB for the full amount of their abandonment cost estimate.
| COMPANY | ABANDONMENT COST ESTIMATE ($) | COLLECTION PERIOD (YEARS) | 2017 CLOSE BALANCE ($) – ACTUAL |
| 2193914 Canada Limited | 6,058,670 | 40 | 377,000 |
| Alliance Pipeline Ltd. | 309,970,000 | 40 | 20,798,360 |
| Aurora Pipeline Company Ltd. | 113,375 | 40 | 8,197 |
| Centra Transmission Holdings Inc. | 25,936,102 | 40 | 2,111,647 |
| Emera Brunswick Pipeline Company Ltd. | 11,146,629 | 19.5 | 1,530,000 |
| Enbridge Bakken Pipeline Company Inc., on behalf of Enbridge Bakken Pipeline Limited Partnership | 9,345,715 | 25 | 1,125,000 |
| Enbridge Pipelines (NW) Inc. | 37,007,694 | 11 | 7,908,000 |
| Enbridge Pipelines Inc. | 1,115,490,005 | 40 | 80,181,000 |
| Enbridge Southern Lights GP Inc. on behalf of Enbridge Southern Lights LP | 100,790,292 | 40 | 6,857,000 |
| Express Pipeline Ltd. | 44,305,000 | 40 | 2,165,590 |
| Foothills Pipelines Ltd. | 197,869,000 | 30 | 18,123,000 |
| Genesis Pipeline (Canada) Ltd. | 3,114,576 | 40 | 257,096 |
| Kinder Morgan Cochin ULC | 26,385,000 | 19.5 | 3,191,760 |
| Maritimes & Northeast Pipeline Management Limited | 150,600,000 | 19.5 | 22,700,203 |
| Montreal Pipe Line Limited | 19,873,239 | 40 | 1,511,875 |
| Niagara Gas Transmission Limited | 6,229,841 | 40 | 392,000 |
| NOVA Chemicals (Canada) Ltd. | 388,860 | 40 | 36,326 |
| Nova Gas Transmission Ltd. | 2,184,840,000 | 30 | 195,300,000 |
| Plains Midstream Canada ULC | 52,711,652 | 40 | 5,233,000 |
| Plains Midstream Empress Management Inc. | 13,646,253 | 40 | 650,000 |
| Pouce Coupé Pipe Line Ltd. (Pembina North LP) | 7,485,502 | 5 and 15 | 27,361 |
| Souris Valley Pipeline Limited | 2,885,416 | Trust fully funded up front | 2,968,593 |
| Spectra Energy Midstream Canada Partner Corporation | 1,318,404 | 40 | 59,000 |
| St. Clair Pipelines Management Inc. | 1,253,355 | 40 | 90,076 |
| TEML Westspur Pipeline Ltd. | 32,270,392 | 25 | 5,300,000 |
| Trans Mountain Pipeline Inc. | 340,043,000 | 40 | 26,970,075 |
| Trans Quebec & Maritimes Pipeline (TQM) Inc. | 102,533,000 | 25 | 10,158,000 |
| TransCanada Keystone Pipeline GP Ltd. | 235,992,000 | 25 | 10,900,000 |
| TransCanada Pipelines Limited | 2,530,212,000 | 25 | 304,719,000 |
| Trans-Northern Pipelines Inc. | 76,678,000 | 40 | 5,370,766 |
| Union Gas Limited | 101,163 | Trust fully funded up front | 103,779 |
| Vector Pipeline Limited Partnership (Enbridge) | 4,751,002 | 40 | 313,000 |
| Westcoast Energy Inc. (Zones 1 and 2) (Gathering and Processing) | 683,610,105 | 40 | 17,523,091 |
| Westcoast Energy Inc. (Zones 3 and 4) (Transmission) | 8,334,955,242 | 40 | 15,714,265 |
Appendix H: Financial Overview
The NEB is funded through parliamentary appropriations with approximately 98% of its costs recovered by the Government of Canada from the industry the NEB regulates. Financial statements are prepared annually and audited by the Office of The Auditor General of Canada. The table below provides an overview of NEB financial and human resources, as reported in the public accounts.
| FISCAL YEAR (1 APRIL TO 31 MARCH) |
EXPENDITURES (MILLION $) | STAFF (FULL-TIME EQUIVALENTS) |
| 2015-16 | 82.4 | 457.6 |
| 2016-17 | 84.6 | 474.5 |
| 2017-18 | 93.8 | 481.3 |
| 2018-19 | 108.1 | 476.5 |
Appendix I: Acronyms and Definitions
BCOGC – British Columbia Oil and Gas Commission
C4C – Code for Canada
CEAA – Canadian Environmental Assessment Act
CEM – Clean Energy Ministerial
CER – Canadian Energy Regulator
COGOA – Canadian Oil and Gas Operations Act
CSA – Canadian Standards Association
CVAs – Compliance Verification Activities
DRF – Departmental Results Framework
EOC – Emergency Operations Centre
GIC – Governor-in-Council
Enbridge Line 3 – Enbridge Line 3 Replacement Program
IAMC – Indigenous Advisory Monitoring Committees
LMM – Lower Mainland Municipalities
MRO – Montreal Regional Office
NEB – National Energy Board
NEBA – National Energy Board Act
NGTL – Nova Gas Transmission Limited
OPR – Onshore Pipeline Regulations
SCC – Supreme Court of Canada
TBS – Treasury Board Secretariat
TMEP – Trans Mountain Expansion Project
UAs – Unauthorized Activities
VRO – Vancouver Regional Office