FAQ - National Energy Board (NEB) Participant Funding Program:
Supporting Public Participation in the NEB's Regulatory Process for Oral Facility Hearings

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Frequently asked questions [PDF 426 KB]

• What is a Participant Funding Program?
• Why is there a funding program?
• How does the NEB's Participant Funding Program differ from the Canadian Environmental Assessment Agency's Participant Funding Program?
• Who is eligible to apply?
• How do I register for intervenor status for a hearing?
• Are local governments eligible for funds?
• What activities are eligible for funding?
• I spent a lot of money to participate in an NEB oral facility hearing in 2009. Can I apply for Participant Funding to be reimbursed for those expenses?
• Can I apply to receive funding under both the NEB's Participant Funding Program and the CEAA 's Participant Funding Program?
• Is participant funding available for all NEB regulatory hearings?
• How is the amount of funding determined?
• What expenses are eligible?
• Does funding cover traveling and the time taken to review technical documents?
• Does funding cover legal costs?
• How do I become aware of the availability of participant funding?
• What kind of information must I supply?
• How are the funds accessed?
• What is the closing date for submitting an Application for Funding Form?
• How are funds awarded?
• When will I be reimbursed for eligible expenses?
• Under which provision of the Act was the funding program established?

What is a Participant Funding Program?

The National Energy Board (NEB) Participant Funding Program will provide financial assistance to support the timely and meaningful engagement of the public, including Aboriginal groups, landowners, and incorporated non-industry not-for-profit organizations in the NEB's regulatory process for oral facility hearings.

Why is there a funding program?

The Participant Funding Program supports public participation that contributes to an open, balanced process which strengthens the quality and credibility of the regulatory process.

How does the NEB's Participant Funding Program differ from the Canadian Environmental Assessment Agency's Participant Funding Program?

While the NEB's Participant Funding Program is closely modeled on the Canadian Environmental Assessment Agency's (CEAA) Participant Funding Program, there are a few differences to reflect the differences in the NEB and CEAA mandates, and their processes.

The NEB's Participant Funding Program only applies to the NEB's regulatory process for oral facility hearings. It has only one funding envelope for all eligible recipients, and there will only be one phase of funding. In addition, the scope of activities eligible for NEB Participant Funding extends beyond the Environmental Assessment process to include social and economic issues relevant to the project.

Who is eligible to apply?

Eligible recipients include individuals, Aboriginal groups, landowners, incorporated non-industry not-for-profit organizations, or other interest groups who seek to intervene in the public review process for projects in which they have a meaningful interest. Eligible recipients must be able to demonstrate that they meet at least one of the following criteria:

• Have a direct, local interest in the project, such as living or owning property near the project area;
• Have local community insights and/or Aboriginal traditional knowledge respecting to the proposed project;
• Have an interest in potential project impacts on treaty lands, settlement lands or traditional territories and/or related claims and rights; or
• Plan to provide expert information on the mandate and decisions of the NEB on proposed projects.

All approved recipients will be required to register for intervenor status in the oral public hearing and sign a Standard Contribution Agreement before funding will be released.

How do I register for intervenor status for a hearing?

To become an intervenor in an oral facility hearing, you must submit an application by the deadline set in the NEB's Hearing Order. The NEB issues a Hearing Order after an application has been received, and sets out the hearing process and deadlines. The Hearing Order may be released after the Funding awards have been announced. Current Hearing Orders are listed on the NEB website under Major Applications and Projects.

You can find the Application for Intervenor Status on the NEB website under Regulatory Documents > Submit documents electronically > On-line forms for participation in a hearing.

Are local governments eligible for funds?

Local governments, other than an Aboriginal government, are not eligible for participant funding under the Program.

What activities are eligible for funding?

Contributions may be provided for the following eligible activities:

• Activities associated with coordinating the collaboration of interested parties to the hearing
• Review and provision of comments on the draft List of Issues and scope of the environmental assessment to be considered during the hearing
• Review of the application and Environmental Impact Statement submitted by the project proponent; and
• Preparation for and participation in hearings convened by the NEB, or a review panel, to consider the proposed project.

I spent a lot of money to participate in an NEB oral facility hearing in 2009. Can I apply for Participant Funding to be reimbursed for those expenses?

The NEB's Participant Funding Program does not apply retroactively. The Participant Funding Program will only be available for eligible projects that are received after implementation of the Participant Funding Program.

Can I apply to receive funding under both the NEB's Participant Funding Program and the CEAA 's Participant Funding Program?

Applicants are encouraged to collaborate with others and investigate other sources of funding. Applicants are also required to disclose if they have applied for funds elsewhere, and for how much.

Is participant funding available for all NEB regulatory hearings?

The NEB's Participant Funding Program only applies to the NEB's process for oral facility hearings. These applications consist of the majority of the facility hearings held by the NEB, including applications for certificates of public convenience and necessity for pipelines or power lines, exempting orders respecting pipelines, and abandonment of pipelines or power lines.

In the event there is a detailed route hearing, under Section 39 of the NEB Act, you may submit a claim to the company for the costs of participating in a detailed route hearing. Receipts must show the amount of the actual costs, to whom they are owed and the reason for the costs. For example, legal fees or costs for attending the hearing could be acceptable costs. If you and the company cannot settle on the amount you wish to claim, the NEB can determine a reasonable amount.

How is the amount of funding determined?

The total amount of funding available for an oral facility hearing will be determined on the basis of the following factors:

• The potential effects of the project;
• The size and location of the project;
• The number of Aboriginal groups in the area;
• The diversity of issues likely to be involved in the project hearing;
• Participant funding levels that may have been established for similar projects in the past; and
• Available resources.

In establishing the funding level, the NEB will consider the principle that recipients will collaborate to share costs wherever possible and appropriate.

What expenses are eligible?

The Participant Funding Program will support a recipient's participation the NEB's regulatory process for oral facility hearings. It is not meant to cover all expenses incurred by the participant throughout the process.

Eligible expenses may include fees for expert advice, travel expenses, purchase of relevant information materials, information collection costs, among others. Program funding is limited and not all applications will be successful. A more complete list of eligible expenses can be found in the Participant Funding Program Guide.

Does funding cover traveling and the time taken to review technical documents?

Travel costs are eligible and can be refunded based on rates established by the Treasury Board Secretariat. Fees for review of technical documents are also eligible costs.

Does funding cover legal costs?

The Participant Funding Program covers Professional fees including legal expenses, except for costs associated with activities related to litigation.

How do I become aware of the availability of participant funding?

Once the level of funding has been determined, the NEB issues a news release or a public notice announcing the availability of funding and inviting the public to apply.

What kind of information must I supply?

• You must meet the basic eligibility criteria and in your Application for Funding Form you must:
• Provide information on your organization;
• Submit a detailed work plan and budget;
• Explain the need for the funding assistance; and
• Identify other sources of funding you may receive.

For more information, consult the Participant Funding Program Guide.

How are the funds accessed?

Applicants must complete an Application for Funding Form and send it to the NEB's Participant Funding Program. Successful applicants must sign a standard contribution agreement and submit a request for payment with supporting documentation before they can receive the funds.

What is the closing date for submitting an Application for Funding Form?

Although subject to change, the usual standard is that applicants who wish to receive funding will have to submit their Application for Funding Form within 60 days following the news release announcing that funds are available. Incomplete applications or applications received after the closing date will not be accepted.

How are funds awarded?

The NEB establishes a Funding Review Committee (FRC) to review applications for Participant Funding. This committee is independent of both the project proponent and the regulatory process. The committee is usually comprised of three people, including one NEB representative and at least one non-government member. The committee reviews all the funding applications and recommends funding awards, taking into account the amount of funds available.

Recommendations on the amount of recipient funding will be based on the following:

• Project funding available;
• The nature of the right or interest of the applicant;
• The scope of the interest or concern the applicant has in the proposed project;
• The potential impact of the proposed project on the right or interest of the applicant;
• Anticipated usefulness of the planned activity to the regulatory process; and,
• Reasonableness of proposal, work plan and costs.

The Chief Operating Officer (COO) makes the final decision on funding awards. The Participant Funding Program administrator informs all applicants within three days of the COO's funding decision. Funding decisions will also be announced with a News Release, and on the NEB's website. The FRC report will also be published on the NEB's website.

When will I be reimbursed for eligible expenses?

Payments will normally be made once a claim has been submitted to the NEB's Participant Funding Program Administrator.

Where warranted, an advance payment may be issued to the recipient following approval of funding, provided that the recipient presents reasons for their inability to begin project activities without the NEB's share of allowable expenses. Advance payments will not exceed 75 per cent of the maximum amount approved for that recipient.

Under which provision of the Act was the funding program established?

The Participant Funding Program was established under the National Energy Board Act (NEB Act). The NEB Act allows for the provision of funding to members of the public involved in a public hearing. Legislative direction for a participant funding program is contained in section 16.3 of the NEB Act which states:

"For the purposes of this Act, the Board may establish a participant funding program to facilitate the participation of the public in hearings that are held under section 24."