The National Energy Board recognizes the importance of hearing from the people who have a stake in a proposed facility project.
More specifically, the Board will hear from the people who stand to be directly impacted by a proposed project, and may hear from those who have information and expertise that could help the hearing panel gain a greater understanding of a given matter under consideration.
The changes to the Act are intended to promote fairness and efficiency by ensuring Board hearings can take place in a timely manner.
In July 2012, changes were made to the National Energy Board Act (NEB Act), including the addition of section 55.2.
Section 55.2 of the NEB Act sets out when the Board will allow a person to participate in a hearing to consider an application to construct and operate a pipeline or power line. A person may be an individual, company, organization, or group.
If you wish to participate, you must apply and demonstrate to the Board’s satisfaction that:
The Board must hear from any person who, in the Board’s opinion, is directly affected by the granting or refusing of a project application. The Board decides on a case-by-case basis which are the people who are directly affected.
The Board may consider these factors when making this decision:
1. The nature of the person’s interest.
2. Whether the granting or refusing of a project application causes a direct effect on the person’s interest.
The Board may choose to hear from any person who, in the Board’s opinion, has relevant information or expertise.
The Board may consider these factors when deciding if a person has relevant information:
The Board may consider these factors when deciding if a person has relevant expertise:
If you wish to participate in a hearing that is not for a new facility, you must apply and demonstrate to the Board’s satisfaction that:
When you apply to participate in a hearing, you will provide details and information to support your application on the Application to Participate form. The Application to Participate form will likely be unique for each hearing. You will need to provide enough information for the Board to decide whether you should be allowed to participate and by what method (as an intervenor, by filing a letter or comment, or in another way as determined by the Board).
For projects that do not involve a hearing, you may wish to share your views in a written letter of comment. You will not have to fill out an application to participate form, but your submission should include information explaining to the Board how you are personally and directed affected or impacted, or what relevant information you want to provide. For examples of what information to provide, refer to the guidance documents listed above.
After reviewing the Application(s) to Participate and assessing them on a case-by-case basis, the Board will advise who is allowed to participate and by what method of participation.
If you have questions on the NEB hearing process or require assistance regarding a specific hearing please contact the NEB at 1-800-899-1265 and ask to speak to a Process Advisor.
The Board will be updating its publications to reflect the changes to the NEB Act and our processes. We will post a notice on our website when the updated publications are available.