Electricity Filing Manual – Guide A – Information Filed Respecting Plan, Profile, Book of Reference and Notices (NEB Act s.33 and s.34)

Table of Contents


When an applicant elects for federal laws to apply, certain sections of the NEB Act which are normally reserved for pipelines, also apply to IPLs pursuant to section 58.27 of the NEB Act.

A reference to the word:

  • (a) a "company" were a reference to the applicant for or holder of the certificate issued in respect of the line;
  • (b) a "pipeline" or "line" were a reference to the international or interprovincial power line; and
  • (c) "hydrocarbons" were a reference to electricity.

Goal

The application for approval of PPBoRs includes accurate documentation regarding the detailed route of the electricity facility and related ownership, which demonstrates compliance with legislative requirements and respects the rights of potentially affected landowners.

The application for approval of notices includes accurate sample notices, which demonstrates compliance with legislative requirements, respects the rights of potentially affected landowners and other persons and provides the required regulatory information that may engage these parties in a Board regulatory process.

A.1 Plan, Profile, Book of Reference (PPBoR)

Filing Requirements

Section 33 of the NEB Act requires:

  • 33. (1) When the Board has issued a certificate, the company shall prepare and submit to the Board a plan, profile and book of reference of the [pipeline]Footnote 5.
  • (2) The plan and profile shall be drawn with such detail as the Board may require.
  • (3) The book of reference shall describe the portion of land proposed to be taken in each parcel of land to be traversed, giving the numbers of the parcels, and the area, length and width of the portion of each parcel to be taken, and the names of the owners and occupiers in so far as they can be ascertained.
  • (4) The plan, profile and book of reference shall be prepared to the satisfaction of the Board, and the Board may require the company to furnish any further or other information that the Board considers necessary.

In addition, the plan and profile of the project should be drawn to a scale of 1:10 000 or larger and, if appropriate, should show:

  1. the proposed route of the IPL;
  2. property boundaries; and
  3. the numbers of the parcels of land to be traversed (i.e., legal land descriptions).

Guidance

When the Board releases a decision approving an application for an election certificatepursuant to section 58.16 of the NEB Act, the company may provide a draft version of the PPBoR.

Upon receipt of the section 58.16 election certificate, the company shall file PPBoRs pursuant to section 33 of the NEB Act for approval pursuant to section 36 of the NEB Act. The applicant may consider using a photomosaic overlay for the final PPBoR. A photomosaic can provide a high level of visual information about the detailed route of the project. The PPBoR will allow landowners and other persons to examine the PPBoR to determine the precise location of the proposed detailed route, the lands that will be crossed, the type of land rights that will be required and the landowners who will be affected.

In the event the Board approves the PPBoR for a project, the company is required to file the PPBoR with the registrar of deeds in the appropriate land titles or land registry office prior to the commencement of construction or other activities in respect of the approved PPBoR.

A.2 Section 34 Notices

When PPBoRs are filed with the Board (pursuant to subsection 33(1) of the NEB Act), a sample notice shall be filed for Board approval prior to service and publication. The notice will meet the requirements of section 34 of the NEB Act, section 50 of the Board a plan, profile and book of reference pursuant to subsection 33(1), the company shall, in a manner and in a form to be determined by the Board,

Filing Requirements

Section 34 of the NEB Act states:

  • 34. (1) Where a company has prepared and submitted to the Board a plan, profile and book of reference pursuant to subsection 33(1), the company shall, in a manner and in a form to be determined by the Board,
    • (a) serve a notice on all owners of lands proposed to be acquired, in so far National Energy Board Rules of Practice and Procedure, 1995 (Rules) and the Official Languages Act.
    • (b) publish a notice in at least one issue of a publication, if any, in general circulation within the area in which the lands are situated
  • (2) The notices mentioned in subsection (1) shall describe the proposed detailed route of the [pipeline]Footnote 6, the location of the offices of the Board and the right of the owner and of persons referred to in subsection (4) to make, within the time referred to in subsection (3) or (4), as the case may be, representations to the Board respecting the detailed route of the pipeline.
  • (3) Where an owner of lands who has been served with a notice pursuant to subsection (1) wishes to oppose the proposed detailed route of a pipeline, the owner may, within thirty days of being served, file with the Board a written statement setting out the nature of the owner's interest in the proposed detailed route and the grounds for his opposition to that route.
  • (4) A person who anticipates that his lands may be adversely affected by the proposed detailed route of a [pipeline]Footnote 6, other than an owner of lands referred to in subsection&nsp;(3), may oppose the proposed detailed route by filing with the Board within thirty days following the last publication of the notice referred to in subsection (1) a written statement setting out the nature of that person's interest in those lands and the grounds for the opposition to the proposed detailed route of the [pipeline]Footnote 6

Section 50 of the Rules states:

  • 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).

In addition, the Applicant must provide the following information.

  1. File a copy of the notice that will be served on landowners. At a minimum, the notice should include:
    • a map of the proposed detailed route of the IPL;
    • a plan of the lands proposed to be acquired, which:
      1. includes reference to legal survey points, if such points are available; and
      2. is of a scale sufficient to identify, with reasonable accuracy, the location, dimensions and area of lands in relation to the remaining adjacent lands of the owner, if any.
  2. Provide a copy of the notice, in both official languages, that will be included in local publications. At a minimum, the notice should include:
    • a description of the requirements described within sections 35 to 39 of the NEB Act;
    • a description of the proposed detailed route of the IPL;
    • a plan of a scale sufficient to identify, with reasonable accuracy, the location of the proposed detailed route in relation to:
      1. topographical features;
      2. population centres;
      3. highways;
      4. utilities; and
      5. other such prominent local landmarks;
    • a schedule that lists sequentially the names of each registered fee simple owner of the land that is proposed to be acquired within the area covered by the plan and identifies the lands of each owner by legal description, including the:
      1. municipal address;
      2. parcel number;
      3. registered plan number;
      4. lot;
      5. concession;
      6. township;
      7. parish;
      8. range;
      9. county; or
      10. other equivalent land divisions, as are sufficient to identify the lands of each such owner;
    • the location within or near the area covered by the plan where the PPBoR for that area are available for public inspection.
  3. The list of the publications that will be used should include:
    • proposed dates of publication;
    • submission deadlines;
    • frequency (daily, weekly, monthly) of publication; and
    • language of publication (French, English or both).
  4. Where the applicant completes the service and publication of notice under section 34 of the NEB Act, it shall forthwith notify the Board in writing of the dates of the last service and publication. The company shall file a tear sheet of the newspapers.

Guidance

After the Board has issued an election certificate and the PPBoRs have been filed with the Board pursuant to section 33 of the NEB Act, the company must provide a sample notice, in both English and French, of the proposed section 34 notices, or identify notices previously approved by the Board that the applicant proposes to serve or publish. NEB staff can provide assistance in order to ensure that the notices comply with the NEB Act requirements. Once Board approval has been obtained, the company can serve and publish its section 34 notices.

When publishing notices, consider the availability of English and French newspapers and their respective regional coverage. In the event that newspapers in the region are published in only one official language, publish both the French and English versions side by side in compliance with the Official Languages Act.

The Rules require that where an applicant completes the service and publication of any notice under section 34 of the NEB Act, the company shall forthwith notify the Board in writing of the dates of the last service and publication. This allows the Board to determine when the notices were served and published which commences the comment period set out in subsections 34(3) and 34(4) of the NEB Act. The Board will not approve any PPBoR prior to the expiry of the comment period.

Detailed Route Hearing

If an objection is received by the Board pursuant to subsection 34(3) or (4) of the NEB Act, the Board will, pursuant to subsection 35(1) of the NEB Act, order a public hearing be conducted with respect to the detailed route and method and timing of construction of the IPL.

Following the issuance of a Hearing Order by the Board, consider filing the following information:

  • a description of all landowner concerns with respect to the detailed route;
  • the methods and timing of construction of the project; and
  • comments on the potential for using the Board's Appropriate Dispute Resolution (ADR) services.

A.3 Application to Correct a PPBoR Error (NEB Act s.41)

Goal

The application for a permit to correct an omission, misstatement or error in a registered PPBoR includes accurate documentation regarding the error and will address all land matters, which demonstrates compliance with legislative requirements and respects the rights of the affected landowner(s).

Filing Requirements

An application pursuant to subsection 41(1) of the NEB Act should include:

  • the Order number and date of the original PPBoR approval;
  • the nature and description of the error in the PPBoR;
  • the accurate information (i.e., related to the plan, profile or book of reference); and
  • confirmation that, pursuant to subsection 41(3), copies of the permit will be provided to the offices of the registrars or appropriate land title offices.

Guidance

Section 41 of the NEB Act provides a company with the means to correct an omission, misstatement or error in its registered PPBoR.

Pursuant to subsection 41(2) of the NEB Act, the Board may, at its discretion, issue a permit setting out the nature of the omission, misstatement or error and the correction allowed.

Subsection 41(3) of the NEB Act provides that the permit and supporting documentation are considered to be corrected once registered at the appropriate land titles office.

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