Comment Period on Predictable and Efficient Processing and Assessment of Certain Negligible-Risk and Low-Risk Activities

The Canada Energy Regulator (CER), formerly the National Energy Board (NEB), established the Section 58 Streamlining Order (SO) [Filing A43203] under the NEB Act. The SO provides approval for the construction and operation of certain classes of oil and gas projects regulated under the NEB Act (now under section 214 of the CER Act) where those projects satisfy all the criteria listed in Schedule A of the SO. The Decommissioning Exemption Order (DEO) [XO/XG-100-2008], established in 2008 under the NEB Act, is tied to the SO as it refers to the same criteria contained in Schedule A.

The CER is considering replacing the SO and the DEO with a simplified project review process for activities currently addressed by the SO and the DEO. This is being referred to as Predictable and Efficient Processing and Assessment of Negligible-Risk and Low-Risk Activities (the “Efficiency Project”).

Engagement

The CER is now initiating engagement on the intent and approach of the Efficiency Project. Engagement will continue from 9 July to 31 October 2024. A discussion paper (linked to the right of this page) has been prepared to provide full details on proposed process updates. All feedback is welcome by emailing efficiency_project@cer-rec.gc.ca.

The CER will schedule meetings with regulated industry and any interested groups, Indigenous communities and organizations, during the period from July to October 2024. Anyone wishing to schedule a meeting are encouraged to contact us at efficiency_project@cer-rec.gc.ca.

Information on engagement opportunities will be posted on the CER Consultation and Engagement Activities webpages.

Project Details

The Efficiency Project is exploring the assessment processes for negligible-risk and low-risk activities currently addressed by the SO, as well as for activities currently addressed by the DEO.

The intent of the Efficiency Project is to create criteria, processes, and filing guidance that capture activities that may be of negligible-risk or low-risk, such as those located within company-owned and fenced land. More specifically, the Efficiency Project involves development of the following:

  • criteria for negligible-risk activities;

  • simplified processes for negligible-risk and low-risk applications under section 214 of the CER Act, and negligible-risk decommissioning applications; and

  • updated filing guidance.

Through publishing this Discussion Paper, the CER is seeking comment on the draft qualifying criteria for negligible-risk and low-risk applications, the draft simplified processes for those applications under section 214 of the CER Act, and negligible-risk decommissioning applications. Updated filing guidance will be developed at a later date.

The Canada Energy Regulator (CER), formerly the National Energy Board (NEB), established the Section 58 Streamlining Order (SO) [Filing A43203] under the NEB Act. The SO provides approval for the construction and operation of certain classes of oil and gas projects regulated under the NEB Act (now under section 214 of the CER Act) where those projects satisfy all the criteria listed in Schedule A of the SO. The Decommissioning Exemption Order (DEO) [XO/XG-100-2008], established in 2008 under the NEB Act, is tied to the SO as it refers to the same criteria contained in Schedule A.

The CER is considering replacing the SO and the DEO with a simplified project review process for activities currently addressed by the SO and the DEO. This is being referred to as Predictable and Efficient Processing and Assessment of Negligible-Risk and Low-Risk Activities (the “Efficiency Project”).

Engagement

The CER is now initiating engagement on the intent and approach of the Efficiency Project. Engagement will continue from 9 July to 31 October 2024. A discussion paper (linked to the right of this page) has been prepared to provide full details on proposed process updates. All feedback is welcome by emailing efficiency_project@cer-rec.gc.ca.

The CER will schedule meetings with regulated industry and any interested groups, Indigenous communities and organizations, during the period from July to October 2024. Anyone wishing to schedule a meeting are encouraged to contact us at efficiency_project@cer-rec.gc.ca.

Information on engagement opportunities will be posted on the CER Consultation and Engagement Activities webpages.

Project Details

The Efficiency Project is exploring the assessment processes for negligible-risk and low-risk activities currently addressed by the SO, as well as for activities currently addressed by the DEO.

The intent of the Efficiency Project is to create criteria, processes, and filing guidance that capture activities that may be of negligible-risk or low-risk, such as those located within company-owned and fenced land. More specifically, the Efficiency Project involves development of the following:

  • criteria for negligible-risk activities;

  • simplified processes for negligible-risk and low-risk applications under section 214 of the CER Act, and negligible-risk decommissioning applications; and

  • updated filing guidance.

Through publishing this Discussion Paper, the CER is seeking comment on the draft qualifying criteria for negligible-risk and low-risk applications, the draft simplified processes for those applications under section 214 of the CER Act, and negligible-risk decommissioning applications. Updated filing guidance will be developed at a later date.

Page last updated: 19 Jul 2024, 11:05 AM