The NEB makes decisions or recommendations to the Governor in Council on applications, which include environmental assessments, using processes that are fair, transparent, timely and accessible. These applications pertain to pipelines and associated facilities, international power lines, tolls and tariffs, energy exports and imports, and oil and gas exploration and drilling in certain northern and offshore areas of Canada.
Energy adjudication processes are fair, timely, transparent and accessible.
689 Applications Received
670 Decisions or Recommendations Issued
657 Adjudication Outreach Activities Conducted
543 Early Engagement Activities with Indigenous Peoples Conducted
8 Oral Traditional Evidence Sessions Held
Number of Hearings by Type Active in 2017-18
Performance Results - Energy Adjudication
Percentage of adjudication decisions overturned on judicial appeal related to procedural fairness.
- Target 0%
Percentage of adjudication decisions and recommendations that are made within legislated time limits and service standards*.
- Target 100%
Alternative Dispute Resolution (ADR)
The Trans Mountain Expansion Project Detailed Route Application has generated an increase in both volume and complexity of hearing-related processes related to agreements on the pipeline right-of-way, right of entry applications, and other detailed route issues.
On other pipeline infrastructure systems, construction and maintenance activity is resulting in a high volume of landowner complaints, and in particular, complaints related to Indigenous concern about the protection of heritage resources. Construction activity remains high moving into 2018-19, and we expect a matching increase in the volume of construction-related regulatory processes.
The NEB aims to deliver timely decision-making and efficient processes while ensuring that landowners, municipalities and Indigenous groups are able to participate in those processes in a way that works for them, addresses their needs and transparently reflects their concerns.
The NEB is actively using tools such as ADR and early engagement. ADR is a collection of processes and techniques that can be used to reach resolution of issues as an addition to a traditional regulatory approach. It is a voluntary, interest-based, and confidential way for landowners, Indigenous Peoples, and other land users to resolve disputes with NEB regulated companies, allowing the NEB to understand perspectives and concerns, and take action to address them early on in a process, ideally outside of formal adjudication processes. Outcomes from ADR are very positive and show that interest-based, win/win solutions are possible.
Using ADR to improve outcomes on TMEP route hearings
The TMEP Detailed Route application has resulted in conducting 123 hearings for affected landowners and Indigenous groups. The NEB responded to this demand for dispute resolution with focused outreach to offer Alternative Dispute Resolution services. NEB hearing process advisors and ADR specialists called all landowners and Indigenous groups who were to participate in a hearing to discuss the hearing process and offer alternative dispute resolution services.
As a result of that outreach, the NEB mediated 55 individual meetings between the parties and the company, in a way that was collaborative, respectful and considerate of differing perspectives. We received feedback from many participants that the meetings were not only helpful in resolving the current disputes but contributed to resetting the relationship between the parties going forward.
Of the Detailed Route Hearing processes that were cancelled due to withdrawal of objections, ADR contributed to settling 90% outside of formal adjudication processes
We found that the use of alternative dispute resolution significantly reduced the number of hearings that were necessary to resolve disputes on the detailed route. Successful mediation requires early outreach with parties and coordination with the company. Outcomes from ADR are very positive, where interest-based, win/win solutions are possible.Darcy Johnson, TMEP Hearing Manager
I just wanted to express my appreciation for the manner in which the NEB… really demonstrated the right approach to provide a supported environment where we can have open and productive sessions trying to get to agreement…ADR Participant, TMEP
Percentage of surveyed participants who indicate that adjudication processes are transparent.
- Target 75%
Percentage of surveyed participant funding recipients who agree that participant funding enabled their participation in an adjudication process.
- Target 90%
Performance Summary for Energy Adjudication and Next Year’s Focus
While we met our high-level performance targets in this core responsibility area, we also recognize more work is needed in key areas:
- We will continue our efforts to enable meaningful and culturally appropriate Indigenous participation in our hearings and processes to ensure and maintain procedural fairness in decision-making
- We will focus on timeliness and transparency in our adjudication processes, ensuring we are efficient and effective
- We will enhance our support to ADR and other issues resolution activities, including enhanced early engagement in processes, as this past year, they have proven very successful at increasing the timeliness and accessibility of our processes to meet the needs of landowners and Indigenous groups
- We will continue to assess the impact and efficiency of our Participant Funding available for participants in our processes