History of Filing Manual Updates

To: All Interested Parties

Re: Changes to the Filing Manual

The National Energy Board (the Board) has made changes to its Filing Manual. Please print the attached documents and update paper copies of the Filing Manual as outlined in the chart.

Filing Manual Updates – Date, guide, section and instructions
Date Guide, Section and Instructions
13 July 2017

Filing Manual Revision 2017-01

Note: With this release, the Filing Manual has been updated to:

  1. Glossary of Terms
    • Update Navigable Water or Waterway footnote
  2. Chapter 1 Introduction
    • Revise guidance related to the confidential filing of Emergency Procedures Manuals 3.
  3. Chapter 3 Common Information Requirements
    • Add new guidance for uncommon terms
    • Add new filing requirement and guidance for management systems and related programs
    • Add new guidance for consultations and Emergency Management consultations
  4. Guide A Facilities Applications
    • Add new guidance for effects assessments and preparing for and responding to emergencies
    • Update references to CSA Z662
  5. Guide R Transfer of Ownership, Lease or Amalgamation
    • Update references to CSA Z662
  6. Guide T – Leave to Open
    • Add new filing requirement for pressure testing
  7. Guide AA Post Certificate or Order Requirements
    • Revise filing requirement for Emergency Procedures Manuals
  8. Chapter 7 Reference Documents
    • Add new orders
  9. Appendix 1 Filing Manual Checklists
    • Update Chapter 3 and Guide T checklists

National Energy Board Letter

Filing Manual [HTML]

Filing Manual – Concordance Table of Updates 2017-01

Filing Manual – Insert Pages 2017-01 [PDF 1016 KB]

Filing Manual – Release 2017-01 [PDF 2597 KB]

16 December 2016

Filing Manual Revision 2016-02

Note: With this release, the Filing Manual has been updated to:

  1. Guide BB – Financial Surveillance Reports (Toll Information Regulations)
    • collect data on integrity spending from Group 1 Companies,
    • specify the type and format of traffic data reported to the Board, and
    • reflect current practices regarding pipeline throughput and capacity data and remove no longer used performance data requirements.

National Energy Board Letter

Filing Manual [HTML]

Filing Manual – Concordance Table of Updates 2016-02

Filing Manual – Insert Pages 2016-02 [PDF 289 KB]

23 August 2016

Filing Manual Revision 2016-01

Note: With this release, the Filing Manual has been updated to:

  • 1. Glossary of Terms
    • Add new term
  • 2. List of Abbreviations
    • Add new abbreviation
  • 3. Section 2.3 Regulatory Listing
    • Add new guidance
  • 4. Section 3.4 Consultation
    • Add new guidance
  • 5. Section 4.1 Description of the Project
    • Add new guidance
  • 6. Section 4.2 Economic Feasibility, Alternatives and Justification
    • Add new guidance
  • 7. Guide A – Facilities Applications
    • Add new guidance
  • 8. Guide C – Protection of Pipelines from Ground Disturbance, Facility Construction, Crossings and Mining Operations
    • Add new guidance
    • Delete out of date text (housekeeping)
  • 9. Guide K – Decommissioning
    • Add new guidance
  • 10. Guide O – Review, Rehearing or Variance Applications
    • Add new guidance
  • 11. Guide R – Transfer of Ownership, Lease or Amalgamation
    • Add new guidance
  • 12. Chapter 7 – Referenced Documents
    • Add additional references

National Energy Board Letter

Filing Manual [HTML]

Filing Manual – Concordance Table of Updates 2016-01

Filing Manual – Insert Pages 2016-01 [PDF 648 KB]

26 June 2015

Filing Manual Revision 2015-01

Note: With this release, the Filing Manual has been updated to:

  1. Section A.3.4 – Physical Projects – Financing
    • Add new guidance
  2. Guide B – Abandonment
    • Add new guidance
    • Delete out of date text (housekeeping)
  3. Guide P.1 – Tolls and Tariffs: Cost of Service
    • Add new guidance.
  4. Guide P.7 – Tolls and Tariffs: Abandonment Costs
    • Add new guidance
    • Delete out of date text (housekeeping
  5. Guide R – Transfer of Ownership, Lease or Amalgamation
    • Add new guidance
  6. Chapter 7 – Referenced Documents – Section on Abandonment Funding and Planning
    • Add additional references

National Energy Board Letter

Filing Manual [HTML]

Filing Manual – Concordance Table of Updates 2015-01

Filing Manual – Insert Pages 2015-01 [PDF 798 KB]

5 December 2014

Filing Manual Revision 2014-03

With this release, the Filing Manual has been updated to:

  • Amend definition “Traditional Territory”
  • Addition of Guide K – Decommissioning

Concordance Table of Updates

Filing Manual [HTML]

Filing Manual – Insert Pages 2014-03 [PDF 447 KB]

31 October 2014

Filing Manual Revision 2014-02

With this release, the Filing Manual has been updated to:

  • reflect changes to the Fisheries Act which came into effect 25 November 2013
  • additional Filing Manual amendments relating to the repeal of the CEA Act and the new CEAA 2012.
  • reflect changes to Regulations Amending the Regulations Designating Physical Activities as amended November 2013
  • reflect a policy change by Environment Canada with respect to Wildlife and Wildlife Habitat
  • reflect removal of fee simple owners name from PPBoR under Section 34 notices
  • reflect housekeeping matters
    • typos corrected
    • Department names updated
    • Publication titles updated
    • Further clarification provided

Concordance Table of Updates

Filing Manual [HTML]

24 January 2014

Filing Manual Revision 2014-01

With this release Chapter 3 has been amended to incorporate the NEB’s Draft Expectations for Public Involvement Programs (Draft Expectations); specifically

Chapter 3

  • Ensure consistency between the Filing Manual and the NEB’s Draft Expectations;
  • Reflect an emphasis on management systems (in a manner consistent with NEB’s regulatory approach;
  • Reorganize and clarify company consultation filing requirements; and
  • Alignment with recent legislative changes

Appendix 1
Alignment with Chapter P, Section P.4 Cost of Capital

Concordance Table of Updates

Filing Manual [HTML]

28 August 2013

Filing Manual Revision 2013-03

Note: With this release several housekeeping items have been amended; specifically

Guide Q
Removed the existing information as the Part VI Regulations are under review and will be updated. Added new guidance for Natural Gas (including LNG) Export Licences.

Filing Manual [HTML]

9 July 2013

Filing Manual Revision 2013-02

Note: With this release several housekeeping items have been amended; specifically

Various
Changes related to navigation and navigation safety have been made to reflect the revised requirements under the National Energy Board Act resulting from the Jobs, Growth, and Long-Term Prosperity Act

Various
Changes related to Management Systems and the five key programs (emergency, integrity, safety, security, and the environment) have been made as a result of the recent National Energy Board Onshore Pipeline Regulations amendments

Guide B
Updated and provided clarity for requirements and guidance regarding abandonment

Filing Manual [HTML]

6 June 2013

Filing Manual Revision 2013-01

Note: With this release several housekeeping items have been amended; specifically

Various
Changes have been made to reflect the revised requirements under the Canadian Environmental Assessment Act, 2012 and National Energy Board Act resulting from Jobs, Growth, and Long-Term Prosperity Act

Various
Updated and provided clarity for requirements and guidance regarding fisheries and fisheries related resources

Guide A
Changes have been made to reflect the Board’s updated Streamlining Order

15 October 2012

Filing Manual Revision 2012-02

Note: With this release several housekeeping items have been amended; specifically

Various
Incorporate expectations related to abandonment pursuant to Reasons for Decision RH-2-2008

Guide G
clarify when a deactivation must be submitted

Guide A.1
update and revise filing requirements for Engineering Design

Filing Manual [HTML]

15 June 2012

Filing Manual Revision 2012-01

Note: With this release several housekeeping items have been amended; specifically

Section A.4.2
addition of Appropriate Dispute Resolution

Guide O
correction that information in Guide O applies to both a review and a rehearing

Guide P.4
re-write to reflect current practices as they relate to the assessment of modern applications for cost of capital

Guide P.6
addition of TransCanada Keystone Pipeline GP Ltd. under the Oil and Products Column

Guide R
addition of a requirement to confirm that a copy of certain records have been provided to the new owner of facilities

Guide BB
Definition and use of “affiliate” companies changed from “intercorporate” to “related company”

Filing Manual [HTML]

28 September 2011

Filing Manual Revision 2011-02

Note: With this release several housekeeping items have been amended; specifically

List of Abbreviations
clarification to meaning of CSA Z662

Section 1.1
addition of the word security

Section 1.5
re-write of Confidential Filing

Section 1.9
re-write of Security

Section 1.11
clarification and inclusion of reference to "National Energy Board Security Advisory – NEB SA 2007-03 Security Sensitive Documents"

Section 2.3
Amendment of Name – Guide Q

Section 4 A.3.3
addition of reference to requirements for the measurement and metering of fluids on pipelines entering or leaving the Province of British Columbia

Guide F
addition of F.1 requirement 3

Guide H
amendment of H.1 requirement 5

Guide Q
amendment of guide name

Filing Manual [HTML]

19 May 2011

Chapter 4
Section 4.2 Economic Feasibility, Alternatives and Justification

Replace pages 4-3 and 4-4

Guide A
Guide A.2 Environmental and Socio-economic Assessment

Replace pages 4A-15 through 4A-65 inclusive

Conclusion of Filing Manual Revision – Environmental and Socio-Economic Assessment

Appendix 1 – Filing Manual Checklists

Replace pages APP-3 and APP-6 through APP-10 inclusive

17 November 2009

Financial Regulation of Pipeline Companies under the Board's Jurisdiction (17 November 2009) [Filing A23677]

Notice of Changes to Guides P and BB to reflect the 17 November 2009 Financial Regulation Letter

Guide P Tolls and Tariffs (Part IV of NEB Act)

Revisions to Additional Information Text Box

  • Additional information added to the Text Box regarding the distinction between Group 1 and Group 2 companies and information regarding the contents of new requirements P.6 and P.7.

P.6 Regulation of the Traffic, Tolls, and Tariffs of Group 2 Companies

  • New requirement added outlining the regulation of tolls and tariffs, accounting requirements and financial reporting pertaining to Group 2 companies.

P.7 Regulation of the Traffic, Tolls, and Tariffs of Group 2 Companies

  • New requirement added outlining filing requirements for information regarding abandonment costs as set out in the RH-2-2008 decision [Filing A21835].

Guide BB Financial Surveillance Reports (Toll Information Regulations)

  • New Guide BB.1 regarding financial surveillance reporting for Group 2 Companies added.
8 February 2008

Notice – Filing Manual Revisions – Chapter 3 – Common Information Requirements

Revised Filing Manual: Chapter 3 – Common Information Requirements – Letter and Frequently Asked Questions

Chapter 3 – Common Information Requirements

3.3.1 – Principles and Goals of the Consultation Program: Filing Requirements

  • Deleted 1, 2, and 3.
  • Revised to read: Provide an overview of the company's consultation philosophy, which should include, but not be limited to:
  • the corporate policy or vision with respect to consultation;
  • the principles and goals established for the project's consultation program; and
  • a copy of the Aboriginal consultation protocol, if established, along with any documented policies and principles for collecting traditional knowledge or traditional use information, if applicable.

3.3.2 – Guidance: Project-Specific Consultation Program

  • Added the 3rd bullet: the process by which potentially affected parties can comment to the Board before the Board makes its decision;

3.3.3 – Implementing a Consultation Program: Goal

  • Deleted original text.
  • Added new text: The application describes the results of the public consultation conducted to-date for the project, in sufficient detail to demonstrate:
    • that all parties potentially affected by the project are aware of: the project, the project application to the Board, and their right to comment to the Board before the Board makes its decision;
    • that those potentially affected by the project have been adequately consulted, and
    • that any concerns raised have been considered, and addressed as appropriate.

3.3.3 – Filing Requirements

  • Added a new 1st paragraph: Provide confirmation that the information provided to potentially affected parties described:
  • the Applicant's intention to apply to the Board for approval of its project, and
  • how they can raise outstanding application-related concerns with the Board before the Board makes its decision on the application.
  • Revised the title of the NEB's brochure and modified the bullet to read: a copy of the NEB brochure, A Proposed Pipeline or Power Line Project: What You Need to Know;

3.3.3 – Orientation

  • Added a new title: Notice To Those Potentially Affected and the following section: The Applicant should provide confirmation of adequate notice by providing a description of:
    • the process by which potentially affected parties can comment to the Board before the Board makes its decision; and
    • the methods and timing of notification and consultation.
  • The Applicant should maintain records and be prepared to further demonstrate the adequacy of the notice that was provided to all potentially affected parties.
    • See Guidance in 3.3.2.

3.3.4 – Justification of Consultation not Undertaken

  • Changed the title to read: Justification for Not Undertaking a Consultation Program

Other Scenarios

  • Added a preamble sentence: A consultation program may not be feasible if
  • Deleted the 3rd bullet: the construction and operation of international power lines not exceeding an operating voltage of 50 kV and for which no significant environmental or social concerns are identified.

Table 3-1: Other Potential Federal Contacts

  • Provided minor changes to the table

Chapter 4 – Guide A.2.6: Guidance: Scoping and Analysis of Cumulative Effects – Other Projects

  • Revised paragraph 2, to read: When identifying other projects or activities, consider relevant facts to determine what projects or activities are likely to take place as opposed to those that are not reasonably foreseeable or that are hypothetical. Consideration of other projects or activities that have been or will be carried out should include those for which formal plans or applications have been made.

Guide P – Tolls and Tariffs: Additional Information Text Box

Additional Information Text Box

  • Changed footnote 6 to footnote 5

Appendix 1 – Chapter 3 – Common Information Requirements:

Changed Title to read: 3.3.4 Justification for Not Undertaking a Consultation Program

22 August 2006

Filing Manual, Copyright page: a new ISSN number has been added.

24 April 2006

Guide A
Section: Streamlining Order
Replace pages 4A-1 through 4A-10

Guide A
Section: A.2.6 Cumulative Effects Assessment, Other Projects
Replace pages 4A-41 through 4A-46

Revisions to the Filing Manual are always immediately included in the electronic copy of the Filing Manual.

We welcome your feedback. If you have suggestions for clarifying or improving the Filing Manual, please contact us or send them directly to filingmanual@neb-one.gc.ca.

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