ARCHIVED - Notice and update on the status of the Proposed Damage Prevention Regulations

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In May 2002, the National Energy Board (NEB or Board) released a Conceptual Draft of the National Energy Board Damage Prevention Regulations for consultation. Between June 2002 and June 2003, NEB staff traveled across Canada to meet with a number of stakeholder groups interested in the prevention of damage to underground pipeline infrastructures. In October 2003, the Board revised the Conceptual Draft and released it as the proposed Damage Prevention Regulations (Proposed Regulations) along with a draft document entitled Guidance Notes. Staff met with stakeholders to discuss the content of the Proposed Regulations and Guidance Notes and invited comments.

At the end of 2004, the Board approved the Proposed Regulations and the document was sent to the Department of Justice (DOJ) for legal examination leading to prepublication and eventual legislative approval (described as promulgation). Since 2005, the NEB has received and considered additional comments. In addition, the Board has been collaborating with DOJ on reviewing the Proposed Regulations, which has resulted in revisions.

The regulation approval process requires that draft regulations be examined by DOJ to ensure that the legal requirements are within the authority granted under the applicable legislation and to ensure the draft regulations conform to the drafting standards expected in Canada. Once DOJ has completed its examination, the Proposed Regulations require approval by the NEB and would then be submitted for additional approvals before prepublication in the Canada Gazette, Part I. This prepublication step provides interested groups and individuals with a final opportunity to review and comment on the Proposed Regulations.

At this time, the NEB is sharing the revised Proposed Regulations with stakeholders, for information purposes only. Details about how and when public comments will be sought are to be communicated once a timeline has been developed. If you have questions, please contact Ms. Chantal Briand ( at 403-292-4192 or Mr. Jim Fox ( at 403-299-3628 or toll free at 1-800-899-1265.

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