Let me take a pace back from that. The NEB needs to be resourced and it needs to be able to deal with issues when it needs to deal with them. If the NEB is required to perform a mandatory function, it should be resourced and equipped to do that. If it has some discretion, the discretion should be clearly articulated and the reason for the discretion needs to be somewhat articulated.
If you have a tribunal that has no discretion, or if its entire discretion is “give me the baby or cut the baby in half”, it's a bad tribunal. It needs to have the ability to make creative and facilitative decisions.