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

46 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.

Application for Stay

• 47 (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.

PART IVPlan, Profile and Book of Reference of a Pipeline or an International or Interprovincial Power Line

General

48 Sections 18 and 22 do not apply to proceedings under this Part.

49 For the purposes of sections 50 to 52, applicant means a company that prepares and submits, under section 33 of the Act, a plan, profile and book of reference of a pipeline or an international or interprovincial power line to the Board.

Notice

• 50 (1) Before any notice in respect of a plan, profile and book of reference of a pipeline or an international or interprovincial power line is served or published by an applicant under section 34 of the Act, the applicant shall

  • (a) submit to the Board for approval as to form a sample notice for service and a sample notice for publication, both of which shall include a sample description of the proposed detailed route of the pipeline or the international or interprovincial power line that is to be included in each notice; or

  • (b) identify in writing, for the approval of the Board, one or more forms of notices previously approved by the Board that the applicant proposes to serve or publish in relation to the plan, profile and book of reference.

• (2) The submission required under paragraph (1)(a) shall include

  • (a) a copy of any map that the applicant proposes to publish; and

  • (b) a list of the titles and the number of issues of the publications in which the applicant proposes to publish the notice.

• (3) Any notice served or published under section 34 of the Act shall not depart in any material respect from the notice approved by the Board under subsection (1).

51 The Board shall, upon receipt of a written statement filed under subsection 34(3) or (4) of the Act, serve the applicant with a copy of the statement.

52 Where an applicant completes the service and publication of any notice under section 34 of the Act, the applicant shall forthwith notify the Board in writing of the dates of the last such service and publication.

Costs

53 In order for the Board to fix costs pursuant to section 39 of the Act, a person who has made representations to the Board at a hearing held pursuant to subsection 35(3) of the Act shall prepare an itemized statement of the actual costs reasonably incurred by the person for the purposes of that hearing and shall send, on the same day by registered mail, a copy of the statement to the Board and to the company whose pipeline or international or interprovincial power line route is the subject of the hearing.

• 54 (1) Where a company receives a copy of a statement of costs in accordance with section 53 and does not pay the costs in full within 60 days after the date of mailing of the statement, the person who sent the statement may request the Board to fix the amount to be paid by the company.

• (2) A company that receives a copy of a statement of costs referred to in section 53 may request the Board to fix the amount to be paid by the company.

• (3) Any request referred to in this section shall be in writing and the person or company making the request shall send, on the same day by registered mail, a copy of the request to the Board and to the company or person, as the case may be.

• (4) The Board may appoint a member of its staff to mediate between the company and the person involved in a request referred to in this section with a view to obtaining an agreement as to the amount of costs to be paid by the company.

• (5) Where no agreement is reached within 20 days after the appointment of a mediator, the Board shall give notice to the person and the company, and commence proceedings to fix the amount of costs to be paid.

PART VRight of Entry to Lands

Applications

• 55 (1) To apply for a right of entry order under section 104 of the Act, a company shall, after serving the owner of the lands with the notice described in subsection 104(2) of the Act, file an application with the Board not less than 30 days and not more than 60 days after the date of service of the notice on the owner.

• (2) The application must be served on the owner of the lands on the same day that the application is filed with the Board.

• (3) The application must contain

  • (a) a copy of the notice described in subsection 104(2) of the Act;

  • (b) evidence that the notice has been served on the owner of the lands

    • (i) not less than 30 days and not more than 60 days prior to filing the application with the Board, and

    • (ii) in accordance with subsection 8(8) or in any manner ordered by the Board under the National Energy Board Substituted Service Regulations;

  • (c) a schedule that is proposed to be made part of the order sought and that contains, in a form suitable for depositing, registering, recording or filing against lands in the land registry or land titles office in which land transactions affecting those lands may be deposited, registered, recorded or filed, a description of

    • (i) the lands in respect of which the order is sought,

    • (ii) the rights, titles or interests applied for in respect of the lands, and

    • (iii) any rights, obligations, restrictions or terms and conditions that are proposed to attach

      • (A) to the rights, titles or interests applied for in respect of the lands,

      • (B) to any remaining interest or interests, or

      • (C) to any adjacent lands of the owner;

  • (d) a current abstract of title to the lands, a certified copy of the certificate of title to the lands or a certified statement of rights registered in the land registers for the lands;

  • (e) a copy of section 56; and

  • (f) evidence that the application, including the information set out in paragraphs (a) to (e), has been served on the owner of the lands.

Written Objection

• 56 (1) An owner of lands for which a right of entry order is sought who wishes to object to the application shall file the objection with the Board no later than ten days after the date that the application is served on the owner by the company.

• (2) Where an owner of lands files an objection in accordance with subsection (1), the owner shall, on the same day that the objection is filed with the Board, serve the objection on the company at the address shown in the notice served on the owner by the company.

• (3) A company that receives an objection under subsection (2) shall file with the Board a reply to the objection, or a statement that it does not wish to respond to the objection, within seven days after the date that the objection is served on the company by the owner of the lands.

• (4) Where a company files a reply to an objection, the company shall serve the reply on the owner of the lands on the same day that the reply is filed with the Board.