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

Regulations are current to 2020-03-05

PART IGeneral (continued)

Amending of Documents

  •  (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.

Affidavits

  •  (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.

  •  (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

  •  (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

 Every application shall be in writing, signed by the applicant or the applicant’s authorized representative and filed with the Board.

  •  (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.

  •  (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

 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.

Additional Information

 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.

Complaints

 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

  •  (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.

PART IIPublic Hearings

General

 Subject to section 48, this Part applies to the conduct of public hearings before the Board that are required by the Act or held pursuant to subsection 15(3) or 24(3) of the Act, whether the evidence in respect of the hearing is in written or oral form.

  •  (1) The Board may determine that a proceeding be disposed of by an oral or a written public hearing and may invite submissions from interested persons in order to make that determination.

  • (2) Notwithstanding subsection (1), where necessary at any time in a proceeding, the Board may order that the proceeding be disposed of by an oral public hearing in substitution for a written public hearing.

Hearing Order

  •  (1) The Board

    • (a) shall issue a hearing order, containing the procedural details applicable to the hearing, accompanied by a notice of public hearing, where an application is to be disposed of by means of an oral public hearing; and

    • (b) may, if necessary, issue a hearing order, containing the procedural details applicable to the hearing, which may be accompanied by a notice of public hearing, where an application is to be disposed of by means of a written public hearing or where a proceeding is commenced by the Board under subsection 15(3) of the Act.

  • (2) Where the Board issues a notice of public hearing in accordance with subsection (1), other than where the notice is issued pursuant to section 35 of the Act, the applicant shall, within such time limit as the Board may direct,

    • (a) publish the notice in such publications as the Board may direct; and

    • (b) serve a copy of the notice on such persons as the Board may direct.

  • (3) An applicant referred to in subsection (2) shall file with the Board an affidavit that sets out the title and date of each publication in which the notice of public hearing was published pursuant to paragraph (2)(a) and the means taken to effect service pursuant to paragraph (2)(b).

  • (4) Where the Board does not issue a hearing order, it shall notify interested persons of the hearing and the procedure to be followed in respect thereof.

 
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