Forward Regulatory Plan: Regulations Amending the National Energy Board Export and Import Regulatory Framework

Enabling act(s)
Canadian Energy Regulator Act

Description
On 6 July 2012, the Government of Canada enacted the Jobs, Growth and Long-term Prosperity Act which made amendments to parts of the National Energy Board Act (NEB Act) that affect the National Energy Board’s (NEB) export and import regulatory framework.

In order to make the related changes to the NEB’s export and import regulatory framework, the NEB proposed amendments to the National Energy Board Part VI (Oil and Gas) Regulations, the National Energy Board Electricity Regulations, the National Energy Board Export and Import Reporting Regulations, and the Toll Information Regulations. Consultation was conducted with stakeholders in 2014, and input received is being considered in the regulation amendment process.

On 28 August 2019, the National Energy Board became the Canada Energy Regulator (CER). Regulations made under the National Energy Board Act remain in force under the Canadian Energy Regulator Act (CER Act) until they are repealed or others made in their stead. The CER Act contains similar regulation making authorities as the NEB Act with respect to the federal export and import regulatory framework for oil and gas. New regulations and updates to existing regulations are being implemented through a phased approach.

This regulatory initiative is associated with the CER’s Regulatory Stock Review Plan.

Regulatory cooperation efforts (domestic and international)
As part of their overall engagement efforts, CER staff consulted other federal regulators with import and export reporting requirements to help inform regulatory development.

Potential impacts on Canadians, including businesses
The proposed regulatory changes are expected to simplify and streamline regulatory requirements for businesses involved in the export and import of oil, gas, or electricity. The proposed regulations are not expected to affect Canadians or involve significant impacts on international trade or investment.

Consultations
Proposed amendments to the Export and Import Regulatory Framework were posted on the NEB website for public comment from August to October 2013. The Board received 11 letters of comment regarding the proposed amendments.

Draft regulations amending the regulations described above will be pre-published in the Canada Gazette, Part I for a 30-day public comment period, anticipated for winter 2022. Information on when this will occur will be available on the CER’s Consultation and Engagement Activities webpage.

Further information

Canada Energy Regulator contact information
Jenni Low
Regulatory Policy
Telephone: (403) 607-3857
Toll Free: 1-800-899-1265
Fax: (403) 292-5503
Email: jenni.low@cer-rec.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan
April 1, 2014

Consult the Canada Energy Regulator’s Acts and Regulations web page for:

  • a list of acts and regulations administered by the Canada Energy Regulator
  • further information on the Canada Energy Regulator’s implementation of government-wide regulatory management initiatives

Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada:

To learn about upcoming or ongoing consultations on proposed federal regulations, visit:

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