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Revised Filing Manual: Chapter 3 - Common Information Requirements

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Revised Filing Manual: Chapter 3 - Common Information Requirements - Letter and Frequently Asked Questions [PDF 80 KB]

8 February 2008

All Regulated Companies
Stakeholder Groups

To whom it may concern:

Revised Filing Manual: Chapter 3 - Common Information Requirements

By letter dated 11 December 2007, the National Energy Board directed regulated companies to notify potentially affected parties of proposed projects. The Board also committed to revise Chapter 3: Common Information Requirements of the Filing Manual within 60 days of the date of its letter.

The revisions to the Filing Manual require all applicants to confirm and be prepared to demonstrate that adequate notice has been provided to all potentially affected parties:

  • of the applicant's intention to make an application to the Board; and
  • of how potentially affected parties can raise outstanding application-related concerns with the Board in a timely manner.

The Board directs all companies to incorporate the Filing Manual changes into their consultation programs effective immediately. All applications filed with the Board following the issuance of this letter and revised Filing Manual will be assessed according to the amended Filing Manual Goals and Filing Requirements.

The revised Filing Manual is available online at www.neb-one.gc.ca. Hard copies of the Filing Manual are also available at the NEB Library on the ground floor, or can be ordered by mailing or emailing your request to:

The Publications Office
National Energy Board
444 Seventh Avenue SW
Calgary, Alberta
T2P 0X8
E-mail: publications@neb-one.gc.ca
Telephone: 403-299-3562
Telephone (toll free): 1-800-899-1265
Telecopier: 403-292-5576
Telecopier (toll free): 1-877-288-8803
TTY (teletype): 1-800-632-1663

In its 11 December letter, the Board also expressed its commitment to continually improve its regulatory processes, which ensures that its decisions are made in the public interest and in a manner that respects the rights of those affected. The revised Filing Manual identifies new requirements for notifying potentially affected parties, which form part of company consultation programs. The Board invites comments on this topic through its Land Matters Consultation Initiative (LMCI). For additional information about participating in the LMCI, please refer to our website at www.neb-one.gc.ca, and select "Land Matters Consultation Initiative (LMCI)".

If you have any questions or wish to discuss this matter, you are welcome to contact Marcus Eyre (marcus.eyre@neb-one.gc.ca) at 403-292-4911, or call toll-free at 1-800-899-1265.

Yours truly,

Claudine Dutil-Berry
Secretary of the Board

Attachment: Frequently Asked Questions Pertaining to the National Energy Board's Filing Manual (revised)

Frequently Asked Questions Pertaining to the National Energy Board's Filing Manual (revised)

1. Why are these changes being made to the Board's filing requirements?

The Board has decided to adopt new requirements, which specify that its regulated companies must confirm and be prepared to demonstrate that persons or groups potentially affected by non-hearing applications have been notified, and have the opportunity to raise any concerns they may have with the Board before it makes its decisions on the applications.

2. How is this going to improve public participation in the NEB hearing process?

This will provide all stakeholders with greater clarity and assurance that those potentially affected are adequately informed of applications, and are able to raise outstanding concerns to the Board before the Board makes its decision.

3. What is the timeline for changes to be implemented? When will we see some action and outcomes?

In its letter dated 11 December 2008, the Board directed regulated companies to implement the change in notification to potentially affected persons and groups immediately.

4. How will the NEB know if companies have notified potentially affected persons or groups?

The Filing Manual requires the regulated company to 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 Filing Manual also states that the regulated company should maintain records and be prepared to further demonstrate the adequacy of the notice that was provided to all potentially affected parties.

5. How will companies be notifying landowners?

The Board does not prescribe how its regulated companies will notify potentially affected individuals and groups. Using goal-oriented regulation, the Board requires its regulated companies to determine how it will notify those individuals and groups.

Depending on the project scope, that could mean carrying out a very extensive consultation program or a very simple program such as notifying a single landowner. Applicants are responsible to justify the extent of consultation carried out for each application.

The following information is required within the application:

  • principles and goals of the consultation program;
  • details of the consultation program; and
  • outcome of implementation of consultation.

The Board invites comments on this topic through its Land Matters Consultation Initiative (LMCI). For additional information about participating in LMCI, please refer to our website at www.neb-one.gc.ca, and select "Land Matters Consultation Initiative (LMCI)".

6. Does this change my rights as a landowner?

The change to the Filing Manual does not change your rights as a landowner. The change provides additional clarity of process to NEB-regulated companies regarding their requirement to notify individuals and groups potentially affected by a proposed project.

7. Won't this make the application process more complex than it already is?

The majority of NEB-regulated companies have been notifying potentially affected individuals and groups regarding proposed projects. Therefore, the changes to the Filing Manual will not noticeably increase the complexity of the application process.

8. How will companies know what is required of them?

The Board issued two letters, 11 December 2007 and 8 January 2008, to all its regulated companies, which describe the changes to the Filing Manual and direct regulated companies to incorporate the Filing Manual changes into their consultation programs effective immediately.

9. What changes did the NEB make to the Filing Manual?

The list of changes that the NEB made to the Filing Manual is available on the NEB's website at www.neb-one.gc.ca.

10. Who should I talk to at the NEB for more information about this?

If you have any questions or wish to discuss this matter, you are welcome to contact Marcus Eyre (marcus.eyre@neb-one.gc.ca) at 403-292-4911, or call toll-free at 1-800-899-1265.

11. How do I get a copy of the revised Filing Manual?

The revised Filing Manual is available online at www.neb-one.gc.ca. Hard copies of the Filing Manual are also available at the NEB Library on the ground floor, or can be ordered by mailing or emailing your request to:

The Publications Office
National Energy Board
444 Seventh Avenue SW
Calgary, Alberta
T2P 0X8
E-mail: publications@neb-one.gc.ca
Telephone: 403-299-3562
Telephone (toll free): 1-800-899-1265
Telecopier: 403-292-5576
Telecopier (toll free): 1-877-288-8803
TTY (teletype): 1-800-632-1663

 

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Date Modified:
2011-10-28