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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

July 2010

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.

Revision of Application-Specific Engagement Plan Procedure by NEB Staff based on input provided by stakeholders.

 Completed - Checked Completed
In Progress - Unchecked 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.

Completed Tasks:

Completed the Project - Application Engagement Plan Procedure to ensure NEB staff conducts pre-hearing ADR assessments on all applications.

Ongoing Tasks:

Communication with stakeholders on pre-hearing ADR program and expectations occur as appropriate.

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

Completed Tasks:

Completed the Application-Specific Engagement Plan Procedure to ensure NEB staff conducts pre-hearing ADR assessments on all applications.

Ongoing Task:

ADR Facilitations are offered to stakeholders and carried out as appropriate.

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

Additional consultation on pre-hearing ADR program will occur in 2010/2011.

 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.

Completed Tasks:

As a result of the 2010 Budget announcement, the NEB is developing a participant funding program modeled on the existing CEA Agency Program.

For more information see Canada's Budget 2010 - Chapter 3.3 or visit NEB's Environment Web page.

Upcoming Tasks:

An NEB participant funding program is being established which will provide financial assistance to support the timely and meaningful engagement of Aboriginal groups, landowners, Environmental Non-Government Organisations, and other interested parties in the regulatory review processes for major projects.

Additional details about the scope of the NEB's participant funding program will be available once a legislative amendment and approval from Treasury Board are in place.

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

Role of Process Advisor formalized.

A Process Advisor is available, if required, on hearings.

 Completed - Checked Completed
In Progress - Unchecked 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 Intervenor training modules completed and available for the Process Advisor.

 Completed - Checked Completed
In Progress - Unchecked 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.

Completed Tasks:

The Board has adopted its hearing Process Advisor Role and completed Intervenor Training Modules. Process Advisors will deliver training to intervenors on hearings as required.

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

2.3(f) Evaluate Intervenor Training

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

Ongoing Tasks:

The Intervenor Training modules and approach are subject to the Board's continual review and improvement cycle.

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

2.3(g) Finalize Intervenor Training

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

Ongoing Tasks:

Process Advisors will communicate and deliver Intervenor Training to stakeholders on hearings as required.

 Completed - Checked Completed
In Progress - Unchecked In Progress
Timing TBD - Unchecked 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 and guidance provided by NEB Hearing Managers Community of Practice on the design and implementation of existing hearing tools as appropriate.

Ongoing Tasks:

Use of hearing tools based on hearing opportunities.

 Completed - Checked Completed
In Progress - Unchecked 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 has completed initial assessment of new hearing tools.

Ongoing Tasks:

Ongoing evaluation and guidance provided by NEB Hearing Managers Community of Practice on the design and implementation of new hearing tools as appropriate.

 Completed - Checked Completed
In Progress - Unchecked 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.

Ongoing Tasks:

The Board identifies opportunities and carries out engagement activities using various tools such as its Application-Specific Engagement Plan and Enhanced Aboriginal Engagement procedures, and the Process Advisor role.

 Completed - Checked Completed
In Progress - Unchecked 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.

Upcoming Tasks:

New landowner guide will be published in 2010.

 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:

Staff reviewed the Involving the Public section of the NEB website, which will be revised and updated in 2010.

 Completed - Checked Completed
In Progress - Unchecked 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 Rights & Interests staff completed the Inspector Training.

NEB regularly conducts inspections in agricultural areas.

Ongoing Tasks:

The Application-Specific Engagement Plan Procedure ensures NEB staff identifies opportunities to engage Landowners during inspections.

 Completed - Checked Completed
In Progress - Unchecked 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:

Preparation of an outreach engagement plan by NEB staff

Ongoing Tasks:

Implementation of the outreach engagement plan

 Completed - Checked Completed
In Progress - Unchecked 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.
Please note: Action on hold. Timing to review and/or complete this action TBD.

Completed Tasks:

NEB staff developed the draft Terms of References for the Land Matters Group.

Upcoming Tasks:

The Board is looking at establishing a multi-stakeholder Pipeline Crossings Working Group under LMCI Action 1.2 to help develop its guidance. This working group will be used to test the concept of establishing a multi-stakeholder working group to address other land matters. For more information, see Letter from the Board to interested parties dated 31 may 2010. [Filing A25275]

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

2.7(b) Land Matters Group Meetings

Proceed according to the Terms of Reference.
Please note: Action on hold. Timing to review and/or complete this action TBD.

Upcoming Tasks:

The Board is looking at establishing a multi-stakeholder Pipeline Crossings Working Group under LMCI Action 1.2 to help develop its guidance. This group will be used to test the concept of establishing a multi-stakeholder working group to address other land matters. For more information, see Letter from the Board to interested parties dated 31 may 2010. [Filing A25275]

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

Legend:

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

 

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Date Modified:
2011-11-04