Elements of the New Modern Energy Regulator

CLEANER ENVIRONMENT.  STRONGER ECONOMY.  The Government of Canada is putting in place better rules to protect our environment, and rebuild public trust in how decisions about resource development are made.  With these better rules, Canadians, companies, and investors can be confident that good projects will be built in a way that protects our environment while creating jobs and growing our economy.

Here are some key elements of the current regulator vs. the proposed modern energy regulator:

Current Energy Regulator Proposed Modern Energy Regulator
Potential conflict related to those setting strategic direction and those responsible for adjudicating regulatory matters A Chief Executive Officer would be established that is separate from the Chair.  A Board of Directors would be established to provide strategic direction, and a separate group of Commissioners (i.e., adjudicators) would be created. Remove the requirement for adjudicators and board members to reside in Calgary.
Perception that the Board is closely linked to industry At least one member of the Board of Directors and one Commissioner would need to be First Nations, M├ętis, or Inuit.
The timeline for non-designated projects is 450 days The legislated timeline for non-designated projects would be shortened to 300 days.
Authority of inspection officers is limited Inspection officers would have the authority to act quickly and order work stopped on a project that is operating unsafely or not meeting conditions.
No legislative authority for regulating offshore renewable energy (ORE) resources in the federal offshore The regulator would have legislative authority to regulate ORE projects and ORE power lines in the federal offshore.
A strict test is used to determine who can participate during a project hearing The standing test would be eliminated to ensure that any member of the public can express their views.
Project reviews are used for debate on broad climate and energy policy issues Generation Energy, an ongoing dialogue with Canadians on energy issues, will provide a venue for policy debates on climate and energy issues outside of the formal regulatory process.
Concerns have been raised regarding the way in which regulator collects, uses, and protects Indigenous knowledge The regulator would be required to consider Indigenous knowledge provided during project reviews, and confidentiality would be set out in legislation and regulations.

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