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Environment committee  I am extremely confident.

February 23rd, 2016Committee meeting

Josée Touchette

Environment committee  Let's clarify the facts. At paragraph 2.116, the commissioner states that when doing a manual search people were able to find the documents.

February 23rd, 2016Committee meeting

Josée Touchette

Environment committee  In most cases, I believe is the language that she used. When we look at conditions, conditions are but one part of the entire regulatory framework. That is the general structure of regulations. You have a regulatory framework. Companies have to comply with that, and conditions are but one part of that.

February 23rd, 2016Committee meeting

Josée Touchette

Environment committee  Yes, I do. Our corrective action plan stipulates that it's by December 2016, I believe. If you look at our table that we posted yesterday and those 2,869 conditions, we go way beyond what the commissioner had looked at, which was a little over a thousand conditions for major projects.

February 23rd, 2016Committee meeting

Josée Touchette

Environment committee  I believe so, yes.

February 23rd, 2016Committee meeting

Josée Touchette

Environment committee  That was it.

February 23rd, 2016Committee meeting

Josée Touchette

Environment committee  It's very important. I'm very grateful that you're asking this question. It's something that preoccupies us greatly at the National Energy Board. I've just talked about—

February 23rd, 2016Committee meeting

Josée Touchette

Environment committee  It's equally important that the public have trust in the process. I would like to expand a little here, if I may. I think that you'll see in this report that the chair is very clear that part of the issue is that people don't know the board, don't know the work we do, and don't necessarily understand our role.

February 23rd, 2016Committee meeting

Josée Touchette

Environment committee  The evidence can be challenged, yes.

February 23rd, 2016Committee meeting

Josée Touchette

February 23rd, 2016Committee meeting

Josée Touchette

Environment committee  I take it we're not talking about TMX. We're talking about your question, where you've given context, but about incidents that we do not regulate. Let me take you back to the audit report, which at paragraph 2.34 talks about our tracking being out of date, and at 2.116 it says that when asked to do a manual search, we were able to respond to the questions.

February 23rd, 2016Committee meeting

Josée Touchette

Environment committee  Thank you for assuming my expertise here. Hopefully, I won't disappoint. Let me perhaps step back a little bit and talk about how there are a number of processes and circles within circles in what you referred to, Mr. Amos. First, when we talk about consultations or mobilization, a distinction should be made between mobilization as part of the request process—which is quasi-judicial—and mobilization as part of our daily pipeline oversight activities.

February 23rd, 2016Committee meeting

Josée Touchette

Environment committee  There's a distinction here that has to be brought into play. The National Energy Board, as I mentioned, has three roles. It has an adjudication role, which is what the panel is doing, and in that role, the panel is independent. Our staff who are dealing with them are in essence “firewalled” and they provide them that advice, so they are acting like the court of record, which they are, according to section 11 of our act.

February 23rd, 2016Committee meeting

Josée Touchette

Environment committee  I'm sorry. I don't understand the question.

February 23rd, 2016Committee meeting

Josée Touchette

Environment committee  Are you referring to the ministerial special representative?

February 23rd, 2016Committee meeting

Josée Touchette