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
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).
- SOR/99-380, s. 1
Dispensing with or Varying Rules
4 (1) At any time in a proceeding, where considerations of public interest and fairness so require, the Board may
(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.
Amending of Documents
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.
12 (1) Every affidavit in a proceeding shall be filed with the Board.
(2) Where an affidavit is made as to belief, the grounds on which the belief is based shall be set out in the affidavit.
Questions of Law
13 (1) Where, in the opinion of the Board, a question or issue of law, of jurisdiction or of practice or procedure should be decided at any time in a proceeding, the Board may direct that the question or issue
(a) be raised for a determination by the Board; or
(b) be referred to the Federal Court of Appeal for hearing and determination.
(2) The Board may, pending the determination of the question or issue referred to in subsection (1), stay the whole or any part of the proceeding.
Contents and Form of Application
14 Every application shall be in writing, signed by the applicant or the applicant’s authorized representative and filed with the Board.
15 (1) Every application shall
(a) contain a concise statement of the relevant facts, the provisions of the Act or any regulations made under the Act under which the application is made and the nature of, and justification for, the decision or order sought;
(b) contain, in addition to the information that is required by the Act and any regulations made under the Act, any other information that explains or supports the application, including information referred to in published policies and guidelines of the Board; and
(c) set out the name, address, telephone number and any other telecommunications numbers of the applicant and the applicant’s authorized representative, if any.
(2) Every application shall be divided into consecutively numbered paragraphs, each of which shall be confined as nearly as is practicable to a distinct portion of the subject-matter of the application.
16 (1) Where any information referred to in section 15 is not filed with the application, the applicant shall attach to the application a statement
(a) where the information is already in the Board’s possession, identifying the information and the circumstances under which it came into the possession of the Board;
(b) where the information is unavailable to the applicant at the time of filing, identifying the date on which the applicant intends to file the required information; or
(c) where the applicant objects to the filing of the information, setting out the objection and the grounds therefor.
(2) Where the Board determines that the grounds for the objection referred to in paragraph (1)(c) are not sufficient, the Board shall so inform the applicant and the applicant shall file the information.
Production of Documents
17 Unless leave of the Board is granted, where, at any time in a proceeding, a person intends to rely on a document other than a decision or order of or document released by the Board, the person shall
(a) file the document with the Board and serve a copy of it on all parties; or
(b) where the document is already in the Board’s possession, file a statement identifying the document and the circumstances under which it came into the possession of the Board.
18 At any time in a proceeding, the Board may require a party to provide such further information, particulars or documents as may be necessary to enable the Board to obtain a full and satisfactory understanding of the subject-matter of the proceeding.
19 A complaint shall be served by the complainant on any person whose conduct is the subject of the complaint and that person may, within 20 days after receipt of the complaint, file a written answer with the Board and shall serve a copy of any answer on the complainant.
Failure to Comply
20 (1) Where an applicant fails to provide the information described in sections 15 and 16 or does not respond to a request for information from the Board or any other party, the Board may stay the application until the information is provided, whether or not the application has been set down for a hearing.
(2) Where a party does not comply with these Rules or any directions issued by the Board, the Board may stay the proceeding until the Board is satisfied that the Rules or directions have been complied with or may take such other steps as are just and reasonable in order to conduct a fair proceeding.
(3) Where for any reason an application or proceeding has been stayed for five years pursuant to subsection (1) or (2) respectively, the application that has been stayed or the application giving rise to the proceeding that has been stayed shall be considered to have been withdrawn and shall be returned to the applicant.
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