National Energy Board Coat of Arms
Symbol of the Government of Canada

National Energy Board

www.neb-one.gc.ca

Breadcrumb

Home > Public Participation and Land Matters > Applying to Participate in a Hearing

Applying to Participate in a Hearing

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.

Can I participate in a facilities hearing?

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:

  1. you are directly affected by the granting or refusing of a project application
  2. you have relevant information or expertise for the Board to consider; or
  3. both.

Directly Affected Person:

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.

  • Whether a person has a specific and detailed interest, rather than a general public interest.
  • Examples of interests that could support participation are:
    • commercial, property or other financial interest (including employment);
    • personal use and occupancy of land and resources; or
    • use of land and resources for traditional Aboriginal purposes.

2. Whether the granting or refusing of a project application causes a direct effect on the person’s interest.

  • The degree of connection between the project and the interest.
  • The likelihood and severity of harm a person is exposed to.
  • The frequency and duration of a person’s use of the area near the project.

Relevant Information or Expertise:

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 source of the person’s knowledge (for example, local, regional or Aboriginal);
  • the extent to which the information is within the project scope and related to the list of issues; and
  • how much value the information will add to the Board’s decision or recommendation.

The Board may consider these factors when deciding if a person has relevant expertise:

  • the person’s qualifications (for example, the person has specialist knowledge and experience);
  • the extent to which the person’s expertise is within the project scope and related to the list of issues; and
  • how much value the information will add to the Board’s decision or recommendation.

Section 55.2 Guidance - Participation in a Facilities Hearing

Can I participate in another type of hearing that is not for a new facility?

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:

  1. your interest is sufficiently impacted by the Board’s decision;
  2. your participation will assist the Board in making its decision; or
  3. both.

Non-Statutory Guidance – Participation in Other Hearings

Application to Participate Form

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.

Granting Status to Participate

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.

Updates to Publications

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.

Footer

Date Modified:
2014-02-04