The National Energy Board is committed to ensuring that all stakeholders are effectively engaged in the Board's public processes. The NEB encourages regulated companies to communicate with and involve the public when they are developing projects. The level of public engagement should be appropriate for the setting and the nature and magnitude of each project.
The NEB recognizes that public involvement, including that of Aboriginal peoples, is a fundamental component during each phase in the lifecycle of a project (i.e. project design, construction, operation and maintenance, and abandonment) in order to address potential impacts. The NEB processes are designed so that decision makers are presented with the complete range of views required to make fully-informed decisions in the Canadian public interest.
Some companies may ask for input into the planning and design of a project prior to submitting an application to the Board. It is important that landowners and other affected people or groups (which may include tenants, concerned individuals, members of the public, Aboriginal groups, or special interest groups) make their concerns known to the company as early as possible and stay involved in the process. It is a good idea to attend open houses and call information lines or visit websites provided by the company. The NEB will take the public's comments into account when assessing an application.
The NEB wants to hear from people with an interest in a project before making a decision about a company's proposal. The public can participate in all NEB application processes in various ways. Please see The Public Hearing Process for more information on public participation in a Hearing.
Signing a land acquisition agreement does not exclude a person from participating in an NEB process. However, you may wish to assess whether your participation in an NEB process may be a breach of your land agreement. You do not need to hire a lawyer to participate in an NEB hearing or any other NEB process. Some people may be more comfortable having a person speak on their behalf, and a request may be made to the Board for this person to be anyone you designate, but it does not have to be a lawyer.
The NEB's involvement in a project lasts for the lifecycle of the project. We are involved in the assessment of an application, its construction stages, during the long-term operations stage, and through the abandonment of a project when it is no longer needed. The NEB strives to be responsive to Canadians and holds companies it regulates accountable for their commitments made in relation to a project. The NEB is available to landowners even after a project is built and is in operation, if any issues or concerns arise. For more information, please see Chapter 11 of Pipeline Regulation in Canada: A Guide for Landowners and the Public.
How do I send my information to the NEB?
Providing written information to the NEB can be done by electronic filing (also known as "efiling") through the NEB website or by faxing or mailing a hard copy. The NEB does not usually accept any other form of submission although exceptions may be made in certain cases. All of the contact information requested on any template should be provided so the NEB has a way to contact you with details about the hearing or to ask for more information.
We have created forms and templates for public participation in hearings and other applications which can be found here. You can also find templates here for landowners to file statements of opposition to the detailed route, landowner complaints, and to object to an application for right of entry.
Will anyone and everyone have access to my information?
The NEB maintains a public record of the information collected and steps taken in an NEB hearing process. Evidence filed for an application from companies and intervenors is made available to the public on the NEB website under "Regulatory Documents". The oral portion of the hearings is also broadcast live on the NEB website, and transcripts from each day of the hearing are available online.
When a landowner or other interested party submits a document to the Board, it is placed in the electronic repository located on the Board's website. Landowners and members of the public should be aware that anything they file is a public document and forms an official legal record of the NEB's proceedings.
If you are an intervenor, all of your evidence (documentation in support of your position) that will be presented at an NEB hearing must be filed in advance of the hearing. Participants to the hearing (the company, intervenors, and anyone else who requests to be kept informed) are usually directly provided with a copy of evidence that is filed but it can also usually be accessed on the NEB's website.
There are some circumstances where certain information may be kept confidential but this requires permission from the Board. Please call the NEB at 1-800-899-1265 for more information.
What is the electronic repository?
The NEB uses the Regulatory Documents section of its website to organize all of the documents that are submitted regarding a project. This includes the application, any letters the Board will send out regarding process, all of the questions that are asked and the answers provided, anything received from the public regarding the application, and any documents that are provided as exhibits for the hearing. The repository site for the project will continue to be available even after a project is approved or rejected. Sometimes large files or drawings may only exist in hard copy but a reference to them will be found online in the electronic repository. You might also hear the electronic repository called "LiveLink".
For projects that do not require a hearing, you can participate by submitting a letter of comment to the Secretary of the NEB during the project assessment process. You must also send a copy of any letters of comment to the company applying for the project. A letter of comment should include your view on the project and also include information to support that view.
All letters of comment become public documents once they have been submitted. They will be available on the NEB website and copies are sent to all parties participating in the process.
Is there anyone at the NEB who can help me understand Board process and the steps I need to take to become involved?
You can contact the NEB at anytime and speak with a staff member who will answer questions with respect to NEB process and how you can become involved.
The NEB's Mailing address is:
National Energy Board
444 Seventh Avenue SW
Calgary, Alberta T2P 0X8
For general information about the NEB and the energy sector:
Publications may be ordered by:
For settling compensation matters, please contact:
Natural Resources Canada
Pipeline Arbitration Secretariat
580 Booth Street, 17th Floor
Ottawa, Ontario K1A 0E4
Telephone: 613 947-5664
Fax: 613 995-1913
E-mail: pas-sap@nrcan.gc.ca
Website: www.pas.nrcan.gc.ca