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

Regulations are current to 2019-06-20

PART IIPublic Hearings (continued)

Opening Statements

 Unless leave of the Board is granted, any opening statement that a witness intends to make shall, at least one clear business day before the attendance of the witness, be filed with the Board by a party on behalf of its witness and served on all other parties.

Subpoenas

  •  (1) At the request of a party, the Board may issue a subpoena, which shall be signed by the Secretary and sealed by the Secretary with the Board’s seal.

  • (2) A subpoena issued pursuant to subsection (1) shall be issued in the form set out in the schedule and may set out the names of any number of persons required to appear before the Board.

  • (3) No person served with a subpoena is required to appear before the Board pursuant to the subpoena unless the person has been paid or tendered conduct money in an amount sufficient to cover the person’s reasonable fees and travelling expenses.

  • (4) A subpoena shall be served personally on the person to whom it is directed at least two clear business days before the date on which the person is to appear.

Simultaneous Interpretation

 Where both official languages are intended to be used at an oral hearing, the Board shall make simultaneous interpretation available to the parties at the hearing.

Argument

 The Board may order parties to submit written argument in addition to or in lieu of oral argument.

PART IIIApplications for Review or Rehearing

[SOR/99-380, s. 6(F)]

General

 In this Part,

application for review

application for review includes an application to vary or rescind any decision or order of the Board; (demande de révision)

original proceeding

original proceeding means

  • (a) in respect of an application for a review pursuant to subsection 21(1) of the Act, the proceeding that gave rise to the decision or order in respect of which the review is sought,

  • (b) in respect of an application for a rehearing pursuant to subsection 21(1) of the Act, the proceeding in respect of which the rehearing is sought, or

  • (c) in respect of an application for leave to appeal to the Federal Court of Appeal pursuant to subsection 22(1) of the Act, the proceeding that gave rise to the decision or order in respect of which leave to appeal is sought. (procédure initiale)

  • SOR/99-380, s. 6(F)

Applications

  •  (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)

Disposition

  •  (1) Upon receipt of an application for review or rehearing, the Board may, subject to subsection (2),

    • (a) dismiss the application if the Board is of the view that the applicant has not

      • (i) in the case of an application for review, raised a doubt as to the correctness of the Board’s decision or order, or

      • (ii) in the case of an application for rehearing, established that a rehearing is required; or

    • (b) issue an order granting a review or rehearing and issue such other order as the Board considers to be just and reasonable.

  • (2) Before making a determination under subsection (1) the Board may

    • (a) issue directions on procedure giving interested persons the opportunity to make submissions and indicating the manner of making the submissions

      • (i) in the case of an application for review, on whether or not a doubt has been raised as to the correctness of the Board’s decision or order or, in the case of an application for rehearing, on whether or not a rehearing is required,

      • (ii) on the merits of confirming, amending or overturning the Board’s decision or order or rehearing the application, and

      • (iii) on the merits of granting the decision or order sought; or

    • (b) determine that a review or rehearing is required and issue directions on procedure giving interested persons the opportunity to make submissions and indicating the manner of making the submissions

      • (i) in the case of an application for review, on the merits of confirming, amending or overturning the Board’s decision or order or, in the case of an application for rehearing, on the merits of rehearing the original proceeding, and

      • (ii) on the merits of granting the decision or order sought.

  • SOR/99-380, s. 6(F)

 Directions on procedure issued pursuant to subsection 45(2) shall provide that

  • (a) the applicant for a review or rehearing shall serve a copy of the directions on procedure on all parties to the original proceeding;

  • (b) an interested person who files a submission with the Board shall serve a copy on the applicant for a review or rehearing and on all parties to the original proceeding;

  • (c) the applicant for a review or rehearing shall be given an opportunity to reply to all submissions; and

  • (d) the applicant for a review or rehearing shall file with the Board a copy of any reply and shall serve, on the same day, a copy of such reply on all parties to the original proceeding and on any interested person who has filed a submission.

  • SOR/99-380, s. 6(F)

Application for Stay

  •  (1) Any party may apply to the Board for an order, in the case of a review, staying the decision or order in respect of which the review is sought and, in the case of a rehearing, staying the original proceeding, pending the outcome of the review or rehearing.

  • (2) Where an application for leave to appeal to the Federal Court of Appeal pursuant to subsection 22(1) of the Act has been made, any party may apply to the Board for an order staying the decision or order in respect of which leave to appeal is sought, pending the outcome of the appeal.

  • (3) An application for a stay 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.

  • (4) Upon receipt of an application for a stay, the Board may

    • (a) make an order staying the order, decision or original proceeding;

    • (b) dismiss the application for a stay; or

    • (c) issue directions on procedure inviting submissions from interested persons on whether or not a stay should be granted.

  • (5) Directions on procedure issued pursuant to paragraph (4)(c) shall provide that

    • (a) the applicant for a stay shall serve a copy of the directions on procedure on all parties to the original proceeding;

    • (b) an interested person filing a submission with the Board shall serve a copy of the submission on the applicant for a stay and all parties to the original proceeding;

    • (c) the applicant for a stay be given an opportunity to reply to any submissions; and

    • (d) the applicant for a stay shall file a copy of any reply with the Board and serve it on all parties to the original proceeding.

  • SOR/99-380, s. 6(F)
 
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