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

Regulations are current to 2024-03-06

  •  (1) Any application for review or rehearing pursuant to subsection 21(1) of the Act shall be in writing, signed by the applicant or the applicant’s authorized representative, filed with the Board and served on all parties to the original proceeding.

  • (2) An application for review or rehearing shall contain

    • (a) a concise statement of the facts;

    • (b) the grounds that the applicant considers sufficient, in the case of an application for review, to raise a doubt as to the correctness of the decision or order or, in the case of an application for rehearing, to establish the requirement for a rehearing, including

      • (i) any error of law or of jurisdiction,

      • (ii) changed circumstances or new facts that have arisen since the close of the original proceeding, or

      • (iii) facts that were not placed in evidence in the original proceeding and that were then not discoverable by reasonable diligence;

    • (c) the nature of the prejudice or damage that has resulted or will result from the decision or order; and

    • (d) the nature of the relief sought.

  • (3) For the purposes of subsection (2), unless otherwise determined by the Board, an original proceeding is considered to be closed

    • (a) in the case of an oral hearing, at the end of the final argument; and

    • (b) in the case of a written hearing, on the close of business for the Board on the later of

      • (i) the last date for filing of written evidence, and

      • (ii) the last date for filing argument.

  • SOR/99-380, s. 6(F)

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