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2009-10
Departmental Performance Report

National Energy Board

Supplementary Information (Tables)

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Table of Contents

• Sources of Respendable and Non-respendable Revenue
• User Fees/External Fees
• Internal Audits and Evaluations

Sources of Non-Respendable Revenue

Non-Respendable Revenue
($ millions)

Program Activity	Actual 2007-08	Actual 2008-09	2009-101
			Main Estimates	Planned Revenue	Total Authorities	Actual
Energy Regulation	41.6	52.2	n/a	n/a	n/a	34.4
Energy Information Program						7.6
Internal Services						20.3
Total Non-Respendable Revenue						62.3

1Commencing in the 2009-10 Estimates cycle, the NEB’s single program activity, Energy Regulation and Advice, was split into two major programs: Energy Regulation and Energy Information. As well, Internal Services is displayed separately from other program activities; they are no longer distributed among the remaining program activities, as was the case in previous Main Estimates. Actual totals for 2007-08 and 2008-09 reflect the previous Program Activity Architecture.

11:39:42 AM Thu, Oct 21 2010

User Fees

It has been determined that NEB’s regulatory revenues collected through a process prescribed in the NEB Cost Recovery Regulations are not subject to the User Fees Act (UFA). The only fees that the NEB currently collects subject to the reporting requirements of the UFA relate to the issuance of operating licenses under the Canada Oil and Gas Operations Act and the processing of access requests filed under the Access to Information Act.

Table 2-A: User Fees: Energy Regulation – Canada Oil and Gas Operations Act

User Fee:  Fees charged for the issuance of operating licenses under the Canada Oil and Gas Operations Act (COGO Act). Fee Type: Regulatory Fee-setting Authority: Canada Oil and Gas Operations Act Date Last Modified: 1992 Performance Standards: Well drilling applications: Decisions rendered within 21 calendar days of receiving a complete application Geological and geophysical applications: Decisions rendered within 30 calendar days of receiving a complete application Performance Results: Well drilling applications: 22 received: 100% of decisions rendered within 21 calendar days Geological and geophysical applications: 7 received: 100% of decisions rendered within 30 days
2009–10			Planning Years
Forecast Revenue	Actual Revenue	Full Cost	Fiscal Year	Forecast Revenue	Estimated Full Cost
$1,000	$675.00	$5,527,557	2010–11	$1,000	$5,222,126
			2011–12	$1,000	$5,004,900
			2012–13	$1,000	$4,744,228
Note: Under the COGO Act, the NEB regulates oil and gas activities on Frontier lands not subject to a federal/provincial accord.

Table 2-B: User Fees: Access to Information Act

User Fee:  Fees charged for the processing of access requests filed under the Access to Information Act (ATIA). Fee Type: Other Products and Services Fee-setting Authority: Access to Information Act Date Last Modified: 1992 Performance Standards: Response provided within 30 days following receipt of request; the response time may be extended pursuant to section 9 of the Access to Information Act. Notice of extension to be sent within 30 days after receipt of request. Performance Results: 8 completed in 2009-10. 8 received during reporting period and 4 requests carried forward from the previous period. 4 requests carried forward into 2010-11. 7 requests (88%) completed in 30 days or notice of extension sent within 30 days, 1 request completed in 31-60 days.
2009–10			Planning Years
Forecast Revenue	Actual Revenue	Full Cost	Fiscal Year	Forecast Revenue	Estimated Full Cost
$100	$10	$17,469	2010–11	$1,000	$17,500
			2011–12	$1,000	$17,500
			2012–13	$1,000	$17,500

Table 2-C: User Fees Totals

	2009–10			Planning Years
	Forecast Revenue	Actual Revenue	Full Cost	Fiscal Year	Forecast Revenue	Estimated Full Cost
Sub-Total (R)	$1,000	$675	$5,527,557	2010–11	$1,000	$5,222,126
				2011–12	$1,000	$5,004,900
				2012–13	$1,000	$4,744,228
Sub-Total (O)	$100	$10	$17,469	2010–11	$1,000	$17,500
				2011–12	$1,000	$17,500
				2012–13	$1,000	$17,500
Total	$1,100	$685	$5,545,026	2010–11	$2,000	$5,239,626
				2011–12	$2,000	$5,022,400
				2012–13	$2,000	$4,761,728

Please note that according to prevailing legal opinion, where the corresponding fee introduction or most recent modification occurred prior to March 31, 2004:

• the performance standard, if provided, may not have received parliamentary review; and
• the performance standard, if provided, may not respect all establishment requirements under the UFA (e.g. international comparison; independent complaint address).
• the performance result, if provided, is not legally subject to section 5.1 of the UFA regarding fee reductions for unachieved performance.

Table 2-D: External Fees

External Fee	Service Standard	Performance Results	Stakeholder Consultation
Fees charged for the issuance of operating licenses under the Canada Oil and Gas Operations Act (COGO Act)	Well drilling applications Decisions rendered within 21 calendar days of receiving a complete application Geological and geophysical applications Decisions rendered within 30 calendar days of receiving a complete application	Well drilling applications 22 received: 100% of decisions rendered within 21 calendar days Geological and geophysical applications 7 received: 100% of decisions rendered within 30 days	The NEB’s COGO Act service standards are reviewed with stakeholders on an opportunity basis at meetings with companies, organizations (such as the Canadian Association of Petroleum Producers), and at other venues (such as the Annual Oil and Gas Forum).
Fees charged for the processing of access requests filed under the Access to Information Act (ATIA)	Response provided within 30 days following receipt of request; the response time may be extended pursuant to section 9 of the Access to Information Act. Notice of extension to be sent within 30 days after receipt of request.	8 completed in 2009-10. 8 received during reporting period and 4 requests carried forward from the previous period. 4 requests carried forward into 2010-11. 7 requests (88%) completed in 30 days or notice of extension sent within 30 days, 1 request completed in 31-60 days.	This service standard is established by the ATIA and its regulations. Consultations with stakeholders were undertaken by the Department of Justice and the Treasury Board Secretariat for amendments done in 1986 and 1992.

As established pursuant to the Policy on Service Standards for External Fees:

• service standards may not have received parliamentary review; and
• service standards may not respect all performance standard establishment requirements under the UFA (e.g. international comparison; independent complaint address).

Performance results are not legally subject to section 5.1 of the UFA regarding fee reductions for unachieved performance.

Internal Audits (reporting period 2009-10)

Name of Internal Audit	Audit Type	Status	Completion Date
Staffing Process	Human Resources	Completed	June 2009

Other (reporting period 2009-10)

Name	Program Activity	Type	Status	Completion Date
2009 NEB Strategic Review	Energy Regulation Energy Information Internal Services	Value for Money	Completed	September 2009

Electronic Link to Reports: Audit and Evaluation reports are posted on the NEB web site on completion. http://www.neb-one.gc.ca/clf-nsi/rpblctn/rprt/dtndvltnrprt/dtndvltnrprt-eng.html