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

Regulations are current to 2020-03-05

PART IIPublic Hearings (continued)

Information Requests (continued)

  •  (1) An information request shall be in writing, addressed to the applicable party and numbered consecutively in respect of each information request, including prior information requests.

  • (2) Within any time limit fixed by the Board pursuant to section 32, every information request made pursuant to that section shall be served on the party to whom it is directed and a copy of the request shall be filed with the Board and served on all other parties.

  •  (1) Subject to subsection (2), a party served with an information request pursuant to subsection 33(2) shall, within any time limit fixed by the Board,

    • (a) provide a full and adequate response in writing to each information request, on separate pages for each question where practicable; and

    • (b) file with the Board and serve on all other parties a copy of the response provided.

  • (2) A party who does not provide a response as required by paragraph (1)(a) shall, within any time limit fixed by the Board pursuant to subsection (1), file with the Board and serve on all other parties a statement

    • (a) where the party objects to the filing of the information requested, setting out the objection and the grounds therefor; or

    • (b) where the party contends that the information necessary to provide a response is not available, setting out the reasons for the unavailability of the information, accompanied by any alternative available information that the party considers would be of assistance to the party directing the information request.

  • (3) Where the Board determines that the grounds for the objection referred to in paragraph (2)(a) are not sufficient, the Board shall so inform the party and the party shall comply with subsection (1).

Notice of Motion

  •  (1) Any matter that arises in the course of a proceeding and that requires a decision or order of the Board shall be brought before the Board by notice of motion.

  • (2) A notice of motion shall

    • (a) be in writing;

    • (b) be signed by the person making the motion or the person’s authorized representative;

    • (c) 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 motion; and

    • (d) contain a concise statement of the facts, the decision or order sought and the grounds therefor.

  • (3) A person making a motion shall file the notice of motion with the Board and serve a copy on all parties.

  • (4) A party who wishes to answer a notice of motion shall, within 10 days after receipt of the notice of motion, file a written answer with the Board and serve a copy on the person making the motion and on all other parties.

  • (5) A person making a motion may, within five days after being served with an answer thereto, file a written reply with the Board and serve a copy on all parties.

  • (6) Notwithstanding subsections (2) to (5), a notice of motion may, during an oral hearing, be given orally and, where it is so given, it shall be disposed of in accordance with such procedure as the Board directs.

  • (7) Notwithstanding anything in Part III, an application to review a decision or order of a procedural nature made in the course of a proceeding, other than a decision to adjourn the proceeding for a period in excess of 60 days or for an unspecified period, may be made by a notice of motion.

Evidence at an Oral Hearing

  •  (1) A party who intends to present evidence at an oral hearing shall, within such time limit as the Board may fix, file with the Board and serve on all other parties written evidence containing

    • (a) the position of the party on the issues in the hearing; and

    • (b) particulars regarding the name, title, position and other credentials of each witness who will address evidence on behalf of the party and the issues that the witness will address at the hearing.

  • (2) Each witness referred to in paragraph (1)(b) shall confirm orally at the hearing or, with leave of the Board, by affidavit, that the written evidence or part thereof that the witness will address at the hearing was prepared by the witness or under the direction and control of the witness and is accurate to the best of the knowledge and belief of the witness.

  • (3) For greater certainty, all written evidence referred to in subsection (1) must be confirmed pursuant to subsection (2).

  • (4) Written evidence shall be

    • (a) in question and answer form, each line of which shall be consecutively numbered; or

    • (b) in narrative form, each paragraph of which shall be consecutively numbered.

  • (5) A party may be cross-examined on any response filed by the party in respect of an information request and on any information filed by the party in the course of the proceeding.

  • (6) Subject to subsection (7), witnesses at an oral hearing shall be examined orally on oath or solemn affirmation.

  • (7) The Board may, at any time in a proceeding, order that

    • (a) evidence of certain facts shall be given by affidavit;

    • (b) the affidavit of any witness shall be read at an oral hearing on such conditions as are necessary for the fair conduct of the hearing; and

    • (c) any witness shall be examined before a commissioner of oaths or other person who is authorized to administer oaths and who is appointed by the Board for that purpose.

  • (8) The following information is considered to constitute the record of the applicant:

    • (a) the information contained in the application;

    • (b) the information identified by a statement referred to in paragraph 16(1)(a);

    • (c) any response by the applicant to an information request;

    • (d) any additional information provided by the applicant as required under section 18; and

    • (e) any written evidence filed by the applicant pursuant to subsection (1).

  • (9) The applicant shall not, except with leave of the Board, file any information in addition to that listed in subsection (8).

  • SOR/99-380, s. 4(F)

Evidence at a Written Hearing

  •  (1) In the case of a written hearing, the Board may dispose of the application on the basis of the documentation before it or may require additional information pursuant to section 18.

  • (2) The additional information provided by the applicant shall be filed with the Board and served on all other parties.

  • (3) Where the Board provides parties the opportunity of filing written evidence, the written evidence shall contain the issues that the parties wish the Board to address and shall be provided

    • (a) in question and answer form, each line of which shall be consecutively numbered; or

    • (b) in narrative form, each paragraph of which shall be consecutively numbered.

  • (4) All written evidence filed with the Board shall be supported by an affidavit of the person who prepared the evidence or under whose direction or control it was prepared attesting that the evidence is accurate to the best of that person’s knowledge and belief.

  • (5) The following information is considered to constitute the record of the applicant:

    • (a) the information contained in the application;

    • (b) the information identified by a statement referred to in paragraph 16(1)(a);

    • (c) any response by the applicant to an information request;

    • (d) any additional information provided by the applicant as required under section 18; and

    • (e) any written evidence filed by the applicant pursuant to subsection (3).

  • (6) The applicant shall not, except with leave of the Board, file any information in addition to that listed in subsection (5).

  • SOR/99-380, s. 5(F)

Communication with Witnesses

 Except during examination or cross-examination, there shall be no communication between any counsel and a witness under examination or cross-examination from the time that the witness has been sworn or affirmed until that witness has been excused, unless it is necessary to comply with undertakings, deal with procedural matters, prepare for cross-examination of parties adverse in interest, prepare the witness for appearance on a subsequent panel, or for other reasons with leave of the Board or with consent of Board counsel and all parties present at the hearing or their authorized representatives.

 
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