ARCHIVED – National Energy Board Cost Recovery Regulations for the Electricity Industry – Regulation Process

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National Energy Board Cost Recovery Regulations for the Electricity Industry - Regulation Process [PDF 76 KB]

Regulation Process

Hotel Queen Elizabeth, Montréal

2 June 2005

Overview of the Federal Regulation Process

  1. Legal considerations when drafting Regulations
  2. The Regulation Process
  3. Brief overview of the new User Fees Act
  4. Consultation Process
  5. Timeline

Legal Considerations

  • The Constitution Act, 1867
  • Statutory Instrument Act, ss. 19.1
  • Statutory Instruments Regulations
  • Official Languages Act
  • Financial Administration Act, Chap. F-11
  • User Fees Act, 2004, Chap. 6
  • National Energy Board Act, R.S.C. 1985, Chap. N-7, s. 24.1
  • National Energy Board Cost Recovery Regulations, SOR/91-7
  • International Agreements
  • The Government of Canada Regulatory Policy
  • The Policy on Service Standards for External Fees, 29 Nov. 2004. [replace the External Charging Policy]
  • Etc.

Regulation Process

Regulation Process
Regulation Process

Slide description

Phase 1:
- Conception and Development
- Consultation: Inateractive process

Phase 2:
- Drafting Regulations
- Legal drafting

Phase 3:
- Examination by DOJ and PCO
- Ministerial and TB approvals

Phase 4:
- Pre-Publication Canada Gazette, Part I
- Comment Period

Phases 1 to 4: Phases for Stakeholders Consultations

User Fees Act (UFA)

Phase 5:
- Submission Final to DOJ, PCO and TB

Phase 6:
- Canada Gazette, Part II


Regulation Process: UFA Phases

Regulation Process: UFA Phases
Regulation Process: UFA Phases

Slide description

Phase 1:
- Consultation with stakeholders, TB / PCO
- Establish standards Comparable with other countries
- Conduct Impact Assessment / relevant factors for decision to amend the user fees

Phase 2:
- Notification Fees Proposal
- Input from stakeholders


  • If there is a complaint:
    • Independent Panel review of Complaint
    • NEB considers Panel Recommendation
    • Stakeholders provided with Panel Recommendation
    • NEB Tables User Fees in Parliament
  • If there is no complaint:
    • NEB Tables User Fees in Parliament

Phase 3:
- Parliamentary Tabling - 2 Houses - Resolution

Phases 4 to 6:
- NEB submits User Fees Proposal to TB for approval
- Canada Gazette Part I with Comment Period
- Canada Gazette Part II


Consultation Process

The importance of the Consultation Process:

  • to identify concerns
  • disclose to stakeholders information relevant to the amendment and management of an external charge
  • to allow stakeholders an opportunity to provide their input and to receive timely and considered feedback from the NEB.

Regulation Process - Timeline

The duration of the regulation process can vary.

The process may be delayed if:

  • the regulation is complex
  • the issue is controversial
  • the magnitude of potential impact is high
  • etc.

Regulation Process - Summary

  • Consultation
  • Drafting
  • Notification of the Fees Proposal
  • Parliamentary Tabling
  • Forward to Justice and PCO for approval
  • Treasury Board approval
  • Pre-publication
  • Promulgation

The Regulation Process - Conclusion

  • You will be consulted during the first 4 phases of the process
  • It is a lengthy process
  • For the benefit of all the industry and all Canadians

National Energy Board Cost Recovery Regulations for the Electricity Industry

Thank you!

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