National Energy Board Hearings a Test of Conservatives’ Omnibus Legislation

April 11, 2013

KINGSTON, ON– The Conservatives’ new rules on National Energy Board (NEB) consultations, introduced in last year’s omnibus budget legislation, could suppress democratic participation, said Liberal Natural Resources critic Ted Hsu today.

“The Conservatives changed the review process for pipeline projects, and they must allow for democratic participation during NEB hearings on the reversal of Enbridge Line 9,” said Mr. Hsu. “The hearings are only open to those who are ‘directly affected’ by the project – a term that has not been clearly defined – and Canadians’ hurriedly assembled applications to participate may be rejected given the tight deadline.”

Under the Conservatives’ new rules, the deadline to apply to participate in the NEB’s hearings is April 19, 2013, offering Canadians a slim two week window to submit a ten-page application – just to see if they will be permitted to participate in the process. The Conservative government’s C-38 omnibus legislation also limited NEB consultations to those who are “directly affected,” a category that is not clearly defined and, if interpreted narrowly, could conflict with the Board’s mandate to act in the best interests of all Canadians.

“This definition has yet to be tested, and we call on all parties interested in the Enbridge pipeline reversal to attempt to participate in the Board’s review process,” said Mr. Hsu. “Canadians expect nothing short of a comprehensive, evidence-based approach to the evaluation of all pipeline projects; however, it remains to be seen whether the Conservatives’ new rules will allow for sufficient consultation or further suppress Canadians’ right to make themselves heard.”