Memorandum of Understanding between the Royal Canadian Mounted Police and the National Energy Board

Memorandum of Understanding between the Royal Canadian Mounted Police and the National Energy Board [PDF 1893 KB]

THIS ARRANGEMENT, made in duplicate as of the 3rd day of September 2013

BETWEEN

THE ROYAL CANADIAN MOUNTED POLICE (RCMP)

AND

THE NATIONAL ENERGY BOARD (NEB)

(HEREINAFTER REFERRED TO AS THE “PARTICIPANTS”)

WHEREAS pursuant to the National Energy Board Act and the Canada Oil and Gas Operations Act, the NEB regulates aspects of the energy industry in Canada;

WHEREAS the NEB has certain regulatory responsibilities under the Northern Pipeline Act;

WHEREAS pursuant to section 55 of the Energy Administration Act, the NEB administers Part IV of the said Act on behalf of the Minister of Natural Resources;

WHEREAS pursuant to section 18(d) of the Royal Canadian Mounted Police Act, it is the duty of members of the RCMP who are peace officers to perform such other duties and functions as are prescribed by the Commissioner; and

WHEREAS the Participants to this Memorandum of Understanding (MOU) came together to develop an MOU for the enforcement of offences under the National Energy Board Act, the Canada Oil and Gas Operations Act, the Northern Pipeline Act, in so far as it relates to the NEB, and Part IV of the Energy Administration Act (hereinafter referred to as the Acts), subject to the provisions of those Acts.

FOR THE PURPOSES OF THIS MOU THE PARTICIPANTS INTEND AS FOLLOWS:

1 PURPOSE:

The purpose of this MOU is to facilitate communication, mutual support and cooperation between the Participants regarding the enforcement of offences under the Acts.

2 OBLIGATIONS:

  • 2.1 Upon receiving a request from the Secretary of the NEB in relation to a possible offence under the Acts, the RCMP will conduct an investigation as required.
  • 2.2 When warranted, the RCMP may also investigate possible offences under the Acts coming to their attention from other sources. The RCMP will provide the NEB with all necessary information as soon as reasonably practical after becoming aware of a possible offence under the Acts.
  • 2.3 The RCMP will provide the NEB with timely updates on the progress of any investigations under the Acts.
  • 2.4 Where sufficient evidence of an offence under the Acts has been uncovered by the RCMP to establish a prima facie case, prosecution action may be taken in consultation with the Department of Justice.
  • 2.5 To the extent possible and subject to applicable laws, the NEB will provide uch assistance as the RCMP may require and as the NEB may reasonably be able to provide in connection with an investigation to which this MOU applies.
  • 2.6 To the extent possible and subject to applicable laws, upon written request, the NEB will provide the RCMP with access to all pertinent records (as defined in section 3 of the Access to Information Act), as well as documents, or other information under its control relative to the offences, relating to or arising from the Acts, under investigation.
  • 2.7 At the conclusion of an investigation to which this MOU applies, the RCMP will advise the NEB of the final disposition of the case, including information regarding arrests and Court dispositions.

3 FINANCIAL ARRANGEMENTS:

The Participants will each be responsible for their own costs incurred as a result of their participation in any investigation and enforcement activities pursuant to the Acts, including the exchange of information, advice, or other forms of assistance pursuant to this MOU.

4 DISCLOSURES AND USE OF INFORMATION:

  • 4.1 The Participants will treat information exchanged pursuant to this MOU in accordance with all applicable laws and with Government of Canada standards, as it relates to the distribution, maintenance and storage of such information.
    • 4.1.1 Standards will be communicated and updated by each Participant as necessary, when such standards relating to the storage, maintenance and security of the information change.
    • 4.1.2 Except as required by law, neither Participant will disseminate or disclose information exchanged under this MOU to a third party unless permitted by law and unless the other Participant has given its express consent in writing.
    • 4.1.3 In the event of the loss of, unauthorized disclosure of and/or dissemination of classified information by one Participant, the latter will advise the other Participant immediately upon discovery and will conduct an assessment to determine the impact of the loss, unauthorized disclosure and/or dissemination of the information.

5 DEPARTMENTAL REPRESENTATIVES:

The following officials are designated as the departmental representatives for the purposes of this MOU, and any notices required under this MOU will be delivered as follows:

For the RCMP:

Title: Director-General Support Services
Federal Policing Support Services
Address: 73 Leikin Drive
Ottawa, On  K1A 0R2
Telephone: 613-843-4902

For the NEB:

Title: Business Leader, Operations
National Energy Board
Address: 444 7th Avenue SW
Calgary, AB  T2P 0X8
Telephone: 403-299-3014

6 DISPUTE RESOLUTION:

In the event of a dispute arising from the interpretation or operation of this MOU, it will be referred to the Participants' representatives set out above, who will use their best efforts to resolve the matter amicably. If such negotiation fails, the Participants intend to refer the matter to their respective Assistant Commissioner / Strategic Leader level for resolution.

7 STATUS:

  • 7.1 This MOU does not create any new legal powers or duties, or alter in any way the jurisdiction, powers or duties of the Participants.
  • 7.2 This MOU indicates the intentions of the Participants and is not a legally binding instrument.
  • 7.3 This MOU replaces the previous MOU between the Participants signed in 1985.

8 TERM, AMENDMENT, MONITORING:

  • 8.1 This MOU will commence and take effect upon the signature of both Participants and will expire on March 31, 2018.
  • 8.2 This MOU may be amended at any time with the written approval of both the Participants. Each Participant will notify, upon discovery, the other Participant of any changes to their legislation or policy that may impact this MOU.
  • 8.3 The designated representatives for the Participants set out in section 5 of this MOU will review, at least once annually, the operational effectiveness of this MOU.

9 TERMINATION:

Either Participant may terminate this MOU by serving a thirty-day (calendar) written notice to the other Participant.

Signed by,

For the NEB:


____________________________

Name: Sandy Lapointe
Title: Strategic Leader,
Regulatory
Address: 444 7th Avenue SW
Calgary, AB  T2P 0X8
Telephone:403-299-3673


Date: _____________________

For the RCMP:


____________________________

Name: Todd Shean
Title: Assistant Commissioner
Federal Policing Support Services
Address: 73 Leikin Drive
Ottawa, On  K1A 0R2
Telephone: 613-843-4963


Date: _____________________

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