1. These Rules may be cited as the National Energy Board Rules of Practice and Procedure, 1995.

2. In these Rules,

“Act”

“Act” means the National Energy Board Act; (Loi)

“affidavit”

“affidavit” includes a written affirmation; (affidavit)

“application”

“application” means an application made to the Board under the Act or any regulations made under the Act and includes a complaint; (demande)

“complaint”

“complaint” means a complaint made to the Board that alleges anything to have been done or omitted to have been done contrary to or in contravention of the Act or any regulations made under the Act; (plainte)

“hearing officer”

“hearing officer” means a person authorized to act on behalf of the Secretary at an oral hearing; (agent d’audience)

“intervenor”

“intervenor” means

• (a) an interested person who establishes an interest in a proceeding pursuant to section 28,

• (b) a person who files an answer to a complaint pursuant to section 19,

• (c) where two or more applications are the subject of a single proceeding, an applicant with respect to each other application in that proceeding, or

• (d) a purchaser of gas who files an objection with the Board pursuant to section 29; (intervenant)

“party”

“party” means, in respect of a proceeding, a person who makes an application or an intervenor; (partie)

“proceeding”

“proceeding” means a written or oral hearing, whether the hearing is public or non-public, brought before the Board under the Act or any regulations made under the Act, from the time an application is filed with the Board or from the time the Board issues directions on procedure in respect of an inquiry or hearing into any matter by the Board under subsection 15(3) of the Act. (procédure)

• 3. (1) This Part applies

  • (a) to proceedings referred to in subsection 15(3) of the Act;

  • (b) to proceedings brought under subsection 21(1) of the Act;

  • (c) subject to section 48, to proceedings brought under Part III of the Act;

  • (d) to proceedings brought under Part IV of the Act;

  • (e) to proceedings brought under section 104 of the Act;

  • (f) except section 18, to proceedings brought under Division II of Part VI of the Act; and

  • (g) to proceedings brought under the National Energy Board Act Part VI (Oil and Gas) Regulations, respecting applications for orders authorizing the exportation or importation of oil or gas and applications for amendments to gas export sales contracts or gas import purchase contracts.

• (2) Subject to any regulations made pursuant to sections 58.39, 107, 119.01, 119.094 and 127 of the Act, at any time in a proceeding, where considerations of public interest and fairness so require, the Board may, by order, provide that this Part applies to any proceedings other than those referred to in subsection (1).