Thank you very much, Mr. Chairman.
I want to thank the standing committee for the opportunity to speak on behalf of the Canadian Energy Pipeline Association and to provide the submission and speak today with respect to the upcoming budget.
I will summarize our submission comments with respect to Canada's investment climate for major pipeline development, the NEB processes, and NEB modernization.
CEPA represents Canada's 12 major mainline transmission pipeline companies, which operate approximately 117,000 kilometres of pipeline in Canada, moving annually approximately 1.2 billion barrels of oil and almost three trillion cubic feet of gas.
For more than 60 years, our pipelines have operated across the country, delivering energy safely, reliably, and efficiently. Over the past decade, CEPA members have had a 99.999%—almost 100%—safe delivery record. In 2015 there was a 100% safety record, with zero incidents along the mainline transmission system.
Our industry is undoubtedly a pillar of the Canadian economy, but recently we have seen difficult challenges. The collapse in the price of oil has resulted in delayed or cancelled energy projects and enormous job losses. In 2015 alone, over 100,000 direct and indirect jobs have been lost, and more are expected.
The situation is made much worse by our dependence on the United States as our only major customer from an exporting perspective. This forces us to sell our oil at a severely discounted price because of the lack of pipeline infrastructure to access global markets, and this results in billions of dollars of lost revenue for Canada.
CEPA members have over $68 billion of proposed investments in pipeline projects forecast over the next five years, projects that will open new markets and provide greater access to existing markets. All of these projects will be built with private capital. To build these important projects, we need to have a competitive investment climate. Companies will choose to invest their capital in other jurisdictions if they see the Canadian regulatory and fiscal system imposing process uncertainty, additional risks, costs, and delays that are not inherent to more competitive jurisdictions.
We recognize that the responsibility to create investment confidence comes hand in hand with building public confidence. To build public trust and confidence, we believe that decisions on whether new pipelines will be built must be placed and based on predictable and rigorous quasi-judicial processes based on evidence, science and fact, and appropriate consultation.
Unfortunately, the recent government announcements that extended the review of two proposed pipeline projects, together with the requirement of additional reports and processes at the back end of an extensive NEB process, are leading to increased ambiguity, delays, duplication of work, and growing potential politicization. Building public confidence requires industry, regulators, and governments to work together.
To that end, CEPA recommends the following:
We need to avoid politicizing the NEB. We are concerned with the potential politicization of the review process and believe that an evidence-based process serves better than a cabinet decision for Canada, which may be based on politics.
The National Energy Board was established in 1959 to depoliticize energy infrastructure decisions. More recently, we find ourselves in a similar situation. The legislative changes brought about by Bill C-38 in 2012 changed the role of the NEB from making a decision to making a recommendation to cabinet, leaving cabinet with the final decision. The change has now led to politicization of the decision-making process.
CEPA recommends that this 2012 amendment be reversed, restoring balance and decision-making towards the NEB, a quasi-judicial regulator whose decisions are based on science, fact, and evidence, rather than with cabinet.
On modernizing the NEB, the government has also committed to moving forward with that; however, we need to recognize that not everything is broken. Ensuring the board composition reflects regional views and has sufficient expertise is a good step, particularly greater indigenous representation. Taking a look at governance and the practices and overhauling the information management systems should be part of modernization.
The NEB's role in regulating existing operations spans the life cycle of a pipeline from design approval to construction, operation, and ultimately abandonment. It has done this for 60 years, mostly quietly.
Continuous improvement is always welcome, but we do this at the same time as recognizing that the NEB is recognized globally as a leader in life-cycle pipeline regulation.
As we modernize the NEB, we believe that public confidence can be improved by getting the right balance, building on what works well, improving what doesn't, and providing the regulator with the tools and resources for oversight through the entire life cycle of pipelines.
CEPA believes that a strong, credible regulator needs to be well resourced to provide the tools it needs to fulfill its mandate. This was recently confirmed by the Commissioner of the Environment and Sustainable Development's report. To better address these issues, CEPA recommends that the Treasury Board grant the NEB greater flexibility with the cost recovery model, allowing the NEB to better attract and retain highly skilled employees and to continue to fulfill its strategic priorities.
In summary, by improving public confidence and trust we're better able to make progress on necessary pipeline approvals and infrastructure development.
Thank you for the opportunity.