National Energy Board Rules of Practice and Procedure, 1995 (SOR/95-208)

9. (1) Subject to subsection (2), the filing of any document with the Secretary by hand delivery, mail, courier, telex, facsimile or other means of written or electronic communication, if the Board has the facilities for receiving a document in such manner, shall constitute filing with the Board.

(2) Where an oral hearing is in progress, the filing of any document with the hearing officer shall constitute filing with the Board.

(3) Subject to subsection (4), the date of filing a document with the Board is the day on which the Secretary or the hearing officer receives the document in accordance with subsection (1) or (2), respectively.

(4) A document that is received by the Board after regular business hours, which are from eight o’clock in the forenoon to five o’clock in the afternoon, shall be considered to be filed on the next business day.

(5) Every document that is filed with the Board in respect of a proceeding shall set out the Board’s file number and hearing order number and a short phrase summarizing the nature of the proceeding.

(6) Where a person files a document less than five days prior to the commencement of an oral hearing, the person shall bring to the hearing a copy of the document for the Board and, if service of the document is required, for any party present.

(7) Where a person is required to file a document with the Board and serve the document on one or more parties, the filing and the service shall be effected on the same day.

(8) Where a person files a document with the Board by electronic means, the person shall provide an original hard copy of the document to the Board within a reasonable period after the document is filed.

10. (1) In a proceeding, a party may

• (a) make minor amendments to any documents filed with the Board; and

• (b) with leave of the Board, make substantive amendments to any documents filed with the Board.

(2) In a proceeding, where the Board finds that a document or any part thereof may prejudice, embarrass or delay the fair conduct of the proceeding, the Board shall so notify the parties and may order that, unless the document or part thereof is amended within the time limit set out in the notice, the document or part thereof be struck out.

(3) Where a party, in accordance with this section, amends any document or part thereof

• (a) each amended page shall indicate

  • (i) the date of the amendment, and

  • (ii) the portion of the page amended by means of a vertical line, an asterisk or other similar marking, in the margin opposite to the amendment; and

• (b) each amendment shall be accompanied by a statement explaining the nature of the amendment.

11. (1) Where a person files a document with the Board, the Board may require the person to verify the document or any part thereof by affidavit.

(2) Where the Board requires verification in accordance with subsection (1), the Board shall

• (a) in the case of an oral hearing that is in progress, orally inform the person of the document or part thereof that must be verified and the time within which verification is to be provided; and

• (b) in any other case, serve a notice on the person indicating the document or part thereof that must be verified and the time within which verification is to be provided.

(3) Where a person does not comply with a requirement to verify made in accordance with subsection (1), the Board may strike out the document or part thereof that was not verified.