ARCHIVED — Vol. 146, No. 15 — July 18, 2012


SI/2012-57 July 18, 2012


Order Fixing July 6, 2012 as the Day on which Certain Sections of the Act Come into Force

P.C. 2012-970 July 5, 2012

His Excellency the Governor General in Council, on the recommendation of the Minister of Natural Resources, pursuant to subsection 115(1) of the Jobs, Growth and Long-term Prosperity Act, chapter 19 of the Statutes of Canada, 2012, fixes July 6, 2012 as the day on which sections 68 to 85, 89, 90, 92 to 97 and 99 to 114 of that Act come into force.


(This note is not part of the Order.)

Part 3 of An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures (the Act) implements the Government’s plan for Responsible Resource Development to modernize our regulatory system, so that our natural resources can be developed in a responsible and timely way for the benefit of all Canadians. The Government’s plan for Responsible Resource Development will make the review process for major projects more predictable and timely, reduce regulatory burden and duplication, strengthen environmental protection, and enhance consultations with Aboriginal peoples.

As part of the Responsible Resource Development plan, Division 2 of Part 3 amends the National Energy Board Act to establish clear accountability and ensure timely project reviews. The Governor in Council would be provided the authority to make the go/no-go decision about the issuance of certificates for major pipelines (i.e. over 40 km). Legislated, beginning-to-end timelines would be put in place for all regulatory reviews of international or interprovincial pipelines and transmission lines. The Chair of the National Energy Board would have enhanced authorities to ensure that those reviews are conducted in a timely manner, including specifying the manner in which representations (e.g. those who are directly affected or who have relevant information and expertise) are heard. The Minister of Natural Resources would also be able to provide procedural direction to the Chair with on these authorities. Ultimately, these changes will make the National Energy Board’s review process more effective and efficient.

This Order brings sections 68 to 85, 89, 90, 92 to 97 and 99 to 114 of the Act into force on July 6, 2012. The other sections of Division 2 of Part 3 of the Act (sections 86 to 88, 91 and 98) require the development of regulations and will come into force on a day or days fixed by order of the Governor in Council.