Filing Manual – Guide A – Facilities Applications (NEB Act s.52 and s.58)

For a proposed project that involves constructing or modifying facilities that require an application under the NEB Act, the Board must satisfy itself, or make recommendations to the Governor in Council, that the facilities are and will be required for the present and future public convenience and necessity. The Board may consider information relating to:

  • engineering;
  • environment and socio-economics;
  • economics and financial matters;
  • lands; and
  • any public interest that may be affected by the granting or refusing of the application.

Guide A establishes the information required in each of these instances.

Section 52 Applications

Applications under section 52 of the NEB Act trigger a public hearing, either written or oral. Applicants should refer to the information requirements outlined in:

  • Chapter 3 – Common Information Requirements;
  • Chapter 4 – Physical Projects, including sections 4.1 and 4.2 and all subsections within Guide A – Facilities Applications (NEB Act s. 52 and s. 58).

Section 58 Applications

Section 58 of the NEB Act permits the Board to make orders exempting certain facilities from any or all of the provisions of sections 29 to 33 and section 47 of the NEB Act.

58. (1) The Board may make orders exempting

(a) pipelines or branches of or extensions to pipelines, not exceeding in any case forty kilometres in length, and

(b) such tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, telegraph or radio, and real and personal property and works connected therewith, as the Board considers proper,

from any or all of the provisions of sections 29 to 33 and 47.

While applications made under section 58 do not automatically trigger a public hearing, the Board will still assess the application with respect to:

  • public consultation;
  • engineering;
  • environment and socio-economics;
  • economics; and
  • lands.

As such, applicants should refer to the information requirements outlined in:

  • Chapter 3, Common Information Requirements;
  • Chapter 4, Physical Projects, including sections 4.1 and 4.2 and all subsections within Guide A – Facilities Applications (NEB Act s. 52 and s. 58).

Operations and Maintenance Activities

Operations and maintenance activities are defined within the National Energy Board's "Regulation of Operations and Maintenance Activities on Pipelines Under the National Energy Board Act and Guidance Notes". Operations and maintenance activities do not require an application under section 58 of the National Energy Board Act. The Board recommends that Companies review the requirements and guidance notes for operations and maintenance activities to determine if notification of these activities is required.

The NEB has issued an order pursuant to section 58 called the Section 58 Streamlining Order XG/XO-100-2005 [Folder 255376], dated 7 July 2005. It replaced Order XG/XO-100-2002 dated 18 December 2002. The order permits projects related to the ongoing operation of NEB regulated oil and gas pipelines that do not warrant additional regulatory oversight, to proceed without an application pursuant to section 58 of the NEB Act. A copy of this order can be found immediately following this subsection.

Section 58 Streamlining Order

On 1 August 2012, the NEB revoked Streamlining Order XG/XO-100-2005, and replaced it with XG/XO-100-2012 [Filing A43203].

This Order provides the Board’s approval for the construction and operation of certain classes of oil and gas projects regulated under the NEB Act. If the proposed project meets all the requirements found within Schedule “A” attached to the Order, an application is not necessary.

The Order also contains the guidance on the process for identifying and reporting on eligible projects. A copy of the Streamlining Order and Schedule “A” immediately follows this subsection [Filing A43203].

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