In Canada, major infrastructure projects, such as the building of an interprovincial pipeline, a nuclear energy facility or large-scale mine are subject to federal review. For energy projects, that review is governed by two pieces of legislation: the National Energy Board Act (NEBA) and the Canadian Environmental Assessment Agency Act (CEAA).
Bill C-69 is a piece of government legislation titled “The modernization of the National Energy Board and Canadian Environmental Assessment Agency.” The bill, which was passed by Parliament in June 2019, will overhaul both the NEBA and CEAA, changing how major infrastructure projects are reviewed and approved in Canada. Changes would include replacing the National Energy Board with a new “Canadian Energy Regulator” and an altered federal environmental assessments process to include a broad range of impacts to be reviewed by a new “Impact Assessment Agency.”
Currently, major energy projects are reviewed by the National Energy Board, which consults with the public, experts and stakeholders to evaluate a project according to a variety of economic and environmental factors. Upon completing a review, the regulator produces a report, outlining recommendations. The federal government receives this information and uses it to determine whether to approve a given project based on the “national interest.” The process for these reviews are governed by the NEBA and CEAA: the Acts provide definition, for example, on who can participate in the review, how long a review should last, and what criteria are to be used in evaluating a project.