In this article in The Tyee, Andrew Nikiforuk levels some very serious allegations with respect to the National Energy Board, suggesting that the Board has been captured (see * below for definition) by industry, that it cannot be objective because it is industry-financed, and that it does not appropriately balance the interests of energy companies with those of rural Canadians.
If you are going to level an accusation that the country’s most powerful regulatory body has been captured by industry, you would likely want to have the backup of experts in legal process, perhaps a regulatory economist (I might be biased on this one), and certainly you should be armed with a long list of citations to previous Board decisions which demonstrate your case. In this article, Nikiforuk’s primary source is Dave Core, director of federally regulated projects for the Canadian Association of Energy and Pipeline Landowner Associations (CAEPLA), described on the CAEPLA website as, “…one of Canada’s foremost and leading landowner advocates.” In other words, he works on behalf of those people who are most negatively affected by energy infrastructure – those with pipelines literally in their backyards. With that kind of backup, Mr. Nikiforuk is bringing a knife to a gunfight.
Nikiforuk’s argument that the NEB has been captured is supported with a quote from a 2000 report (which is not online) on the NEB’s effectiveness by Purvin & Gertz saying that, “there is a disturbing perception that the National Energy Board has in some sense been ‘captured’ by the western based producer and pipeline industries.” The perception of capture does not, in and of itself, imply capture, and I am sure if that report had any more damning evidence, it would have been cited. Further, as you will see below, Nikiforuk is not afraid to take a quote out of context.