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Home > Public Participation and Land Matters > Land Matters Consultation Initiative (LMCI) > Stream 2 Actions Progress Report - Improving the Accessibility of NEB Processes

Stream 2 Actions Progress Report
- Improving the Accessibility of NEB Processes

Land Matters Consultation InitiativeStream 2 Actions Progress Report
Improving the Accessibility of NEB Processes

November 2009

Action 2.1 - Apply the NEB's Appropriate Dispute Resolution (ADR) program more extensively in the pre-hearing phase to resolve conflicts between parties
LMCI Actions Tasks and Deliverables Status

2.1(a) Pre-Hearing ADR Program Design

Engage stakeholders on program design for voluntary ADR services to facilitate the early resolution of issues (clarify expectations, roles and responsibilities; define scope of the program, determine performance measures; discuss timing and funding issues). Estimated timing to complete the Action: Fall/Winter 2009-10.

Completed Tasks:

For guidance on the NEB's ADR process, see Appropriate Dispute Resolution Guidelines [PDF 1033 KB]

For information on compensation for lands acquired or damaged for pipelines and other services from Natural Resources Canada (NRCan) regarding arbitration or negotiation for pipelines regulated under the National Energy Board Act, see Natural Resources Canada, Energy Sector, Energy Sources, Compensation for Lands Acquired or Damaged for Pipelines - Pipeline Arbitration Secretariat.

Upcoming Tasks:

Staff to engage stakeholders in pre-hearing ADR program design, when project opportunity arises

Completed - Unchecked Completed
In Progress - Checked In Progress
Timing TBD - Unchecked Timing TBD

2.1(b) Pre-Hearing ADR Expectations

Communicate program design and expectations to stakeholders. Estimated timing to complete the Action: Spring 2010.

Upcoming Tasks:

To be determined

 Unchecked Completed
Unchecked In Progress
Checked Timing TBD

2.1(c) Pre-Hearing ADR Pilot Program

Pilot program on 2+ proposed facilities. Estimated timing to complete the Action: 2010 (depends on hearings).

Upcoming Tasks:

To be determined

 Unchecked Completed
Unchecked In Progress
Checked Timing TBD

2.1(d) Evaluate Pre-Hearing ADR Projects

Monitor and report on performance measures for pilot projects; adjust program; finalize program and communicate changes to stakeholders. Estimated timing to complete the Action: 2010-11.

Upcoming Tasks:

To be determined

 Unchecked Completed
Unchecked In Progress
Checked Timing TBD

Action 2.2 - Develop and implement a broader participant funding program for facilities hearings to complement existing funding mechanisms in the NEB Act and the CEA Act
LMCI Actions Tasks and Deliverables Status

2.2 Examine Participant Funding

If NRCan decided to examine this policy area, the NEB would work with NRCan to assess, and if appropriate, implement any changes. Estimated timing to complete the Action: no date established.

Upcoming Tasks:

To be determined

 Completed - Unchecked Completed
In Progress - Unchecked In Progress
Timing TBD - Checked Timing TBD

Action 2.3 - Provide additional process support to non-industry intervenors
LMCI Actions Tasks and Deliverables Status

2.3(a) Develop Intervenors' Guide

Develop "intervenors' guide" or similar documentation. Estimated timing to complete the Action: Fall 2009.

Completed Tasks:

The Public Hearing Process - Your Guide to Understanding NEB Hearings

 Completed - Checked Completed
In Progress - Unchecked In Progress
Timing TBD - Unchecked Timing TBD

2.3(b) Develop Hearing Documents

Develop samples of past standard hearing documents or templates to be accessed by intervenors. Estimated timing to complete the Action: Fall 2009.

Completed Tasks:

Staff has reviewed hearing documents.

Sample of standard hearing documents that could be used by intervenors (National Energy Board Workshop - How to Participate in a Hearing)

 Completed - Checked Completed
In Progress - Unchecked In Progress
Timing TBD - Unchecked Timing TBD

2.3(c) Role of Hearing Process Advisor

Define and formalize the role of "process advisor" for intervenors and train NEB staff to perform the role. Estimated timing to complete the Action: Fall 2009.

Completed Tasks:

Drafted Process Advisor Internal Memorandum for approval of the position.

Upcoming Tasks:

Formalize the role of Process Advisor by January 2010.

Completed - Unchecked Completed
In Progress - Checked In Progress
Timing TBD - Unchecked Timing TBD

2.3(d) Intervenor 101 Training

Develop training modules for intervenors on process (e.g. "How to be an Intervener 101" training) and assess effectiveness of training. Estimated timing to complete the Action: Fall 2009.

Completed Tasks:

NEB staff preparing NEB Intervenor training modules.

Upcoming Tasks:

Anticipate completion of training modules by December 2009.

Completed - Unchecked Completed
In Progress - Checked In Progress
Timing TBD - Unchecked Timing TBD

2.3(e) Deliver Intervenor Training - Pilot

Deliver intervenor process training sessions on a pilot basis for 2 hearings. Estimated timing to complete the Action: Fall 2009, or when hearing opportunity arises.

Upcoming Tasks:

To be determined, based on hearing opportunity

 Completed - Unchecked Completed
In Progress - Unchecked In Progress
Timing TBD - Checked Timing TBD

2.3(f) Evaluate Intervenor Training

Measure and report on effectiveness of training, adjust program. Estimated timing to complete the Action: 2010.

Upcoming Tasks:

To be determined

 Completed - Unchecked Completed
In Progress - Unchecked In Progress
Timing TBD - Checked Timing TBD

2.3(g) Finalize Intervenor Training

Finalize program and communicate to stakeholders. Estimated timing to complete the Action: 2010-11.

Upcoming Tasks:

To be determined

 Completed - Unchecked Completed
In Progress - Unchecked In Progress
Timing TBD - Checked Timing TBD

Action 2.4 - Make changes to the hearing process to improve accessibility
LMCI Actions Tasks and Deliverables Status

2.4(a) Use of Existing Hearing Tools

Identify where to use existing hearing tools more extensively (e.g. as appropriate, use technical conferences more frequently to facilitate less formal exchanges between intervenors). Estimated timing to complete the Action: Ongoing.

Completed Tasks:

Ongoing evaluation by NEB staff - Hearing Managers Community of Practice (CoP)

Upcoming Tasks:

Use of hearing tools to be determined, based on hearing opportunity

 Completed - Unchecked Completed
In Progress - Checked In Progress
Timing TBD - Unchecked Timing TBD

2.4(b) Identify New Hearing Tools

Identify where to design and implement new hearing tools (e.g. assess the possibility of the hiring of third-party experts to provide information on technical matters to all hearing participants). Estimated timing to complete the Action: Fall 2009.

Completed Tasks:

NEB staff have completed initial assessment of new hearing tools.

Upcoming Tasks:

Hearing Managers CoP to provide guidance on new hearing tools.

 Completed - Unchecked Completed
In Progress - Checked In Progress
Timing TBD - Unchecked Timing TBD

Action 2.5 - Expand the NEB's outreach efforts to provide more information about the NEB's role and processes
LMCI Actions Tasks and Deliverables Status

2.5(a) Expand NEB Engagement Program

Identify opportunities to disseminate information about the NEB and its role to Aboriginal organizations, landowner associations and other groups, including in northern Canada, in order to expand the NEB's engagement program throughout the life span of regulated facilities. Estimated timing to complete the Action: Fall 2009.

Completed Tasks:

NEB 101 presentations to BC North Central Municipalities Association and the Alberta Association of Municipalities and Counties - Summer-Fall 2009

Enhanced Aboriginal Engagement activities on Northern Gateway project, Groundbirch project, and Horn River Mainline project - Summer-Fall 2009

Upcoming Tasks:

Northern Gateway pre-hearing engagement meetings with BC and Alberta municipalities and regional districts

 Completed - Unchecked Completed
In Progress - Checked In Progress
Timing TBD - Unchecked Timing TBD

2.5(b) Plain-Language Publication Review

Review NEB publications and identify opportunities to write documents in plain language. Identify where new publications are required to assist the public in understanding the NEB's processes (e.g. see previous reference to "intervenors' guide" in Action 2.3). Estimated timing to complete the Action: Summer 2009.

Completed Tasks:

NEB staff completed review of all NEB publications for plain language including the landowner guide and information brochures.

 Completed - Checked Completed
In Progress - Unchecked In Progress
Timing TBD - Unchecked Timing TBD

2.5(c) Improve Functionality of Website

Review the NEB website and identify opportunities to improve its functionality (e.g., make it easier to search for information about facilities, past and present applications). Estimated timing to complete the Action: Winter 2009-10.

Completed Tasks:

NEB staff met in October 2009 to discuss functionality of the NEB website.

Upcoming Tasks:

NEB staff are preparing a draft of suggested changes to the NEB website.

 Completed - Unchecked Completed
In Progress - Checked In Progress
Timing TBD - Unchecked Timing TBD

Action 2.6 - Clarify and expand the NEB's existing inspection program and role during the construction and operations phase of a facility
LMCI Actions Tasks and Deliverables Status

2.6(a) Engage Landowners in Inspections

Identify appropriate opportunities within existing inspection programs to: engage landowners during inspections; and, do pre- and post-construction inspections in agricultural areas. Estimated timing to complete the Action: Fall 2009.

Completed Tasks:

Several NEB Goal 4 staff completed Inspector Training.

Upcoming Tasks:

Planned inspections with landowners - Staff to identify specific opportunities.

 Completed - Unchecked Completed
In Progress - Checked In Progress
Timing TBD - Unchecked Timing TBD

2.6(b) Identify Local Liaison Opportunities

Identify opportunities to participate on local liaison committees as a means to identify and resolve conflicts before they escalate. Estimated timing to complete the Action: Ongoing.

Completed Tasks:

NEB staff participated in the Synergy Alberta Annual Conference in Red Deer in October 2009 and in Synergy Group meetings in November 2009 in Balzac, Wetaskiwin and Lone Ridge.

Upcoming Tasks:

NEB staff preparing a plan to assist in coordinating, planning and tracking NEB Engagement Activities to ensure opportunities are identified.

 Completed - Unchecked Completed
In Progress - Checked In Progress
Timing TBD - Unchecked Timing TBD

Action 2.7 - Establish a working group with representatives of groups impacted by pipeline development to meet regularly with Board staff on land matters (proposed pilot project for 1 year)
LMCI Actions Tasks and Deliverables Status

2.7(a) ToR for Land Matters Group

Develop Terms of Reference (ToR) with interested groups. Estimated timing to complete the Action: Summer 2009. Please note: estimated timing to complete this action has been revised to Spring 2010.

Completed Tasks:

NEB has completed the contract for an external consultant (Kerry Brown) to assist in facilitating the Land Matters Group .

Upcoming Tasks:

NEB staff to conduct a series of small group meetings to develop the Terms of Reference for the Land Matters Group - January-February 2010.

 Completed - Unchecked Completed
In Progress - Checked In Progress
Timing TBD - Unchecked Timing TBD

2.7(b) Land Matters Group Meetings

Proceed according to the Terms of Reference. Estimated timing to complete the Action: Fall 2009. Please note: estimated timing to complete this action has been revised to Spring 2010.

Upcoming Tasks:

To be determined

 Completed - Unchecked Completed
In Progress - Unchecked In Progress
Timing TBD - Checked Timing TBD

Legend:

Completed - Checked Completed
In Progress - Checked In Progress
Timing TBD - Checked Timing TBD

 

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Date Modified:
2011-11-04