Canada – Comment period extended for proposed changes to the National Energy Board export and import regulatory framework

Background: On 6 July 2012, the Government of Canada enacted the Jobs, Growth and Long-term Prosperity Act which made amendments to parts of the National Energy Board Act (Act) that affect the NEB’s export and import framework. As a result of these changes, on 11 July 2012 the Board issued:

• Interim Memorandum of Guidance Concerning Oil and Gas Export Applications and Gas Import Applications under Part VI of the National Energy Board Act (Interim Oil and Gas MOG). The Interim Oil and Gas MOG provided guidance to applicants until such time as the Board had completed a review and update of the Board’s export and import regulatory framework. The Board also sought public comments on aspects of the Board’s hydrocarbon export and import regulatory framework in September 2012; and,

• Update of the Electricity Memorandum of Guidance to Interested Parties Concerning Full Implementation of the September 1988 Canadian Electricity Policy (2012 MOG Update). The 2012 MOG Update advised interested parties of the changes to the Act and provided guidance to electricity export applicants until such time as the Board had completed a review and update of the Board’s export and import regulatory framework.

In order to make changes to the NEB’s export and import regulatory framework, the Board is proposing amendments to the National Energy Board Part VI (Oil and Gas) Regulations and the National Energy Board Export and Import Reporting Regulations. Concurrently, the Board is proposing amendments to the Toll Information Regulations. The proposed amendments can be found below. Please note that as part of changes to the NEB’s export and import regulatory framework the Board is also proposing amendments to the National Energy Board Electricity Regulations. Comments must be submitted by mail, fax or e-mail as indicated in the posting.