The Elusive Goal of Regulatory Independence and the National Energy Board: Is Regulatory Independence Achievable? What Does Regulatory "Independence" Mean? Should We Pursue It?
AbstractThis article explores recent amendments to the National Energy Board Act that have fundamentally changed the National Energy Board’s role as a regulatory agency. Specifically, it examines the Board’s independence before and after the amendments, focusing on the controversy that gave rise to the Board’s independence and the controversy that in turn removed it. Though the independence of the Board must now be understood differently in light of the amendments, this article concludes that the Board still plays an important role in societal choices regarding pipeline projects.
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