EUB Proposes to Weaken Enforcement Policy

Martha Kostuch

Media Release

April 4, 2005

The Energy Utilities Board (EUB) is proposing to revise their Enforcement Policy. On March 21st, the EUB issued Bulletin 2005-09 inviting comments to be submitted by April 8th on their Draft Compliance Assurance – Enforcement Directive.

The Bulletin talks about prevention of noncompliance, continuous performance improvement and communication and education but according to Martha Kostuch, an environmentalist who is active in energy issues, there is nothing in the draft objective that enhances prevention, continuous improvement or communication and education.

The Draft directive on Compliance Assurance – Enforcement which accompanied the bulletin sets out the proposed new enforcement policy. The Bulletin and Draft Directive are available at

“EUB’s enforcement ladder will become a walk in the park with the EUB and industry holding hands if the EUB’s proposed enforcement policy goes ahead,” said Martha Kostuch.

According to Martha Kostuch some of the major problems with the proposed new policy are:

  • significant increase in discretion;
  • risk matrix is confusing, combines risk of something occurring with enforcement which makes no sense, and was developed with no public input;
  • requirement to involve senior EUB staff before additional enforcement actions are taken; and
  • very poor consultation in the development of the draft directive.

These problems will result in:

  • less direction to EUB staff;
  • less certainty for industry and an uneven playing field;
  • increased risk of environmental damage;
  • increased risk to public health and safety;
  • reduced EUB and industry accountability; and
  • reduced public confidence (which is already low).

“This is the worst thing I have seen come out of the EUB for a long time,” said Martha Kostuch.

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For more information contact Martha Kostuch – 403-845-4667.

A copy of Martha Kostuch’s submission to the EUB is available upon request. To request, email a note to [email protected].