National Energy Board Ministerial Briefing Binder – Whistleblower: Background on TransCanada Whistleblower Investigation
ADVICE TO THE MINISTER
Security: Protected B
Date: 4 November 2015
- The NEB has a Whistleblower section on its website on how to report issues to the NEB. While reports are rare, the NEB investigates when they do happen.
- The NEB has tracked Whistleblower complaints since 2012. No reports prior to that were tracked as formal Whistleblower reports.
- The NEB recently investigated TransCanada PipeLines Limited (TransCanada) based on complaints from a Whistleblower that the company was not following regulatory direction, and found that there was no reason to take any enforcement actions.
- The Board has issued a public report to indicate its findings.
- If an individual has information about a company not complying with NEB requirements, they are encouraged to contact us.
- The first Whistleblower report submitted to the National Energy Board occurred in 2012. A procedure was established at that time to follow up on the reported concerns. As the number of reports were relatively few through 2012 and 2013 (5 of the 6 reports made during that time were allegations against the same company), the procedures in place were sufficient to follow up on the allegations. In 2014, in light of the increase of Whistleblower reports received at the Board and continual improvement of our processes, the NEB made a decision to move forward with a review and enhancement of the current Whistleblower procedures.
- Since 2012, the NEB received 23 Whistleblower reports:
- 2015 – 9 reports
- 2014 – 8 reports
- 2013 – no reports
- 2012 – 6 reports
- To date, there have been reviews by the NEB into allegations received from complainants:
- The first review was integrated into an audit of TransCanada, and was published on the NEB website in February 2014.
- The second review (formal investigation), also involved TransCanada and the Board has finalized its review of the allegation.
- Both of these whistleblowing files have generated media interest.
- Regarding the Board’s second review of TransCanada, the Board has found there is no reason to take any enforcement action against TransCanada following a thorough investigation. There has been media interest in this issue since the investigation started.
- The NEB takes all reports of non-compliance seriously, and will never hesitate to take strong enforcement action if we discover that our regulations are not being followed.
- The NEB has developed procedures and protocols for dealing with Whistleblower complaints and revisions to the Whistleblower process are being implemented.
- he Board has issued its report on its recent investigation of TransCanada.
- The Board expects the report to garner media attention. NEB will liaise with NRCan communications staff as per existing protocol.
- Date modified: