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National Energy Board is no more as Canada Energy Regulator takes over

Canada's National Energy Board has given way to its successor, the Canada Energy Regulator — the result of legislation that splits approvals for major projects between the regulator and an environmental assessment board.

As of Aug. 28, the Canadian Energy Regulator Act came into effect. Operations at the board will not be affected during the transition. Any applications that started before Aug. 27 will be considered under the previous National Energy Board Act, but processes started after that date will fall under the new legislation.

Canada's government, which appoints members of both bodies, had not announced any changes in leadership at the regulator as of Aug. 28. Peter Watson, an engineer who was formerly a top bureaucrat in Alberta's government, has headed the National Energy Board since 2014. His term expires in 2021.

"This transition will not impact the critical work we do as the federal energy regulator," the Canada Energy Regulator said in a posting on its website. "We will continue to protect the public and the environment while supporting efficient markets."

The timing means an investigation launched Aug. 27 by the National Energy Board into Enbridge Inc.'s proposed switch to long-term contracting of its mainline system will be considered under National Energy Board rules. All existing matters under the jurisdiction of the National Energy Board will become Canada Energy Regulator matters. The boards are known by their acronyms, NEB and CER.

"All decisions or orders made by the NEB will be considered to have been made under the [Canadian Energy Regulator] Act and will be enforced as such," the regulator said. "Pursuant to applicable transitional provisions, all ongoing/pending regulatory applications will be considered by the CER in accordance with the NEB Act."