As set out in the OEB's cover letter, under the revised
Guidelines' "enhanced duty to consult protocol," the
Ministry of Energy will determine, early in the pipeline project
planning process, if the proposed project triggers a duty to
consult. If so, the Ministry of Energy will identify any Indigenous
communities whose rights are potentially adversely affected by the
proposed project and assess the extent of necessary consultation.
Thereafter, the Ministry of Energy will delegate responsibility to
conduct consultation activities with potentially affected
Indigenous communities to the project proponents. The Guidelines
(at section 3.3) set out the consultation activities that the
proponent is expected to conduct. As part of their leave to
construct application, project proponents will be expected to file
an Indigenous Consultation Report documenting the
consultation process and outcomes, including any concerns raised
and how the concerns were addressed and/or accommodated. The OEB
will assess the adequacy of the Crown's consultation efforts as
part of the leave to construct hearing process. Any potentially
impacted Indigenous communities will be invited to participate in
After the OEB issued the revised Guidelines, there was a news article focusing on how the revised
Guidelines will impact the review of TransCanada's Energy East
project. It is not clear, though, that there will be any impact
from these revised Guidelines on that project. Section 1.2 of the
Guidelines explains that the document applies to pipelines that
fall under the OEB's leave to construct jurisdiction in Part VI
of the Ontario Energy Board Act, 1998. The
Guidelines specifically note that projects under federal
jurisdiction that require approval from the National Energy Board
do not require leave to construct from the OEB.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Canada is a constitutional monarchy, a parliamentary democracy and a federation comprised of ten provinces and three territories. Canada's judiciary is independent of the legislative and executive branches of Government.
The Government of Alberta recently announced a number of policy changes that will impact the Alberta Electricity Market, composed of its generators, transmitters, distributors, retailers, electricity consumers and wholesale electricity market.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).