Rules Respecting the Practice and Procedure of the National Energy Board
The National Energy Board, pursuant to section 8 of the National Energy Board Act, hereby revokes the National Energy Board Rules of Practice and Procedure, C.R.C., c. 1057, and makes the annexed Rules respecting the practice and procedure of the National Energy Board, in substitution therefor.
Calgary, Alberta, April 25, 1995
1 These Rules may be cited as the National Energy Board Rules of Practice and Procedure, 1995.
2 In these Rules,
Act means the National Energy Board Act; (Loi)
affidavit includes a written affirmation; (affidavit)
application means an application made to the Board under the Act or any regulations made under the Act and includes a complaint; (demande)
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)
(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 means, in respect of a proceeding, a person who makes an application or an intervenor; (partie)
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)
Application of This Part
(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).
- SOR/99-380, s. 1
Dispensing with or Varying Rules
(a) dispense with or vary these Rules or any part thereof; or
(b) extend or abridge the time fixed by these Rules or otherwise fixed by the Board, and may do so of its own volition or in response to a motion by any party whether or not the motion to extend or abridge the time is made after the time so fixed has expired.
(2) Where the Board dispenses with or varies the Rules or extends or abridges the time fixed by the Rules or by the Board under subsection (1), the Board shall forthwith notify all parties and any interested persons and shall issue directions in respect of the procedure appropriate to the proceedings or fix the time in which to conduct the proceedings.
- SOR/99-380, s. 2
Computation of Time
5 Where under these Rules the Board fixes a time limit, it shall do so taking into consideration the fair conduct of the proceeding.
6 Where reference is made to a number of days for the doing of a thing, it shall mean calendar days.
7 Where the time fixed for the doing of a thing expires or falls on a holiday or a Saturday, the thing may be done on the day next following that is not a holiday or a Saturday.
8 (1) Subject to subsections (7) and (8), service of any document may be effected by hand delivery, mail, courier, telex, facsimile or other means of written or electronic communication, if the person being served has the facilities for receiving a document in such manner.
(2) Any document that must be served shall set out the name of each person or group of persons on whom it is to be served, the Board’s file number and hearing order number and a short phrase summarizing the nature of the proceeding.
(3) Subject to subsection (4), the date of service of a document is the date on which the person being served or the person’s authorized representative receives the document.
(4) A document that is received by the person being served or the person’s authorized representative after five o’clock in the afternoon at the place of service shall be considered to be served on the next business day.
(5) Where a person serves a document, the person shall, at the Board’s request, file an affidavit with the Board that sets out on whom the document was served and the means taken to effect service.
(6) Where a person is required to serve a document on more than one party, service on each party shall be effected on the same day.
(7) Where an oral hearing is in progress, service of any document in respect of the hearing may be effected by making a copy of the document available to each party present at the hearing and by giving a copy of the document to any other party who requests one.
(8) The service that is required under paragraph 34(1)(a) and subsection 104(2) of the Act and under subsection 40(4) of these Rules shall be personal service and shall be effected in accordance with Part 3 of the Federal Court Rules, 1998, except that
(a) personal service on Her Majesty in right of Canada shall be effected in the manner prescribed in the Crown Liability and Proceedings (Provincial Court) Regulations; and
(b) personal service on Her Majesty in right of a province shall be effected by leaving a copy of the document with a lawyer employed at the principal office of either the provincial Department of Justice or the Attorney General, as the case may be.
(8.1) For greater certainty, a reference in the Federal Court Rules, 1998 to the word “Court” is deemed to be a reference to the Board.
(9) Where a person serves a document by electronic means, the person shall provide an original hard copy of the document to the person served within a reasonable period after the document is served.
- SOR/98-573, s. 1
- SOR/2000-361, s. 1
Filing of Documents
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.
- Date modified: