How do I prepare a motion?

How do I prepare a motion? [PDF 409 KB]

2017

Outline

This presentation provides a brief overview of what a procedural motion is and tips on how to prepare and file your motion.

This presentation includes information on:

  • What is a motion?
  • Who can file a motion?
  • What is in a motion?
  • How does the Board decide on motions?
  • How to file a motion?

What is a motion?

  • Motions are formal requests that require the Board to make a decision or an order.
  • Examples include:
    • Request for a response to an Information Request which a party declined to answer or did not fully answer.
    • Request to challenge a Procedural Direction of the Board.
    • Request to change a deadline or the schedule.
    • Request for confidentiality.
  • Motions filed with the Board will be part of the Board’s record and will be available on the Board’s online registry and in its library.

Who can file a motion?

  • An individual who wishes to obtain a decision or an order from the Board on a matter that arises in a proceeding can file a motion.
    • Typically, motions are submitted by hearing participants.
    • There can be exceptions.
      • For example, if you weren’t granted participant status, you could file a request to the Board to reconsider its decision.
      • Before the List of Parties is known, persons may file motions for matters in the proceeding which they want addressed; for example, adding to the List of Issues.

What is in a motion?

  • Motions must be addressed to the Secretary of the Board and include:
    • The relief requested;
    • A statement of relevant facts;
    • An explanation of why a decision or order is required;
    • Information supporting the request; and,
    • The signature of the person raising the motion.
  • If your motion relies on case law:
    • a case book or book of authorities must be submitted along with the motion; and,
    • the specific passages of the case being relied on must be highlighted or side-barred.
  • The Process Advisor Team assigned to a project may be able to provide you with a motion template and sample.

How does the Board decide on motions?

  • After you file your motion, the Board:
    • can decide outright to grant or deny your motion, or
    • may ask parties for their comments on the motion before making its decision.
    • The Board may also offer the person making the motion a right of reply.
  • The Board will set up a process when asking parties to comment on a motion. The usual process includes:
    • Asking Parties to respond to the motion;
    • Allowing the individual requesting the motion to respond to the comments; and,
    • The Board makes a decision and provides reasons for its decision (ruling).

How do I submit a motion?

  • Your motion must be filed with the Board and served on all parties.
  • If you have internet access and can access the public registry, you are expected to submit all documents electronically.
    • The Participation Portal is a web based tool used to facilitate electronic submissions and distribution of the documents filed in a hearing process. By using this method, parties will automatically be notified.
    • Consult the document “How to submit documents with the Participation Portal?” to view the step-by-step process for submitting hearing documents with the NEB Participation Portal.
  • If you are unable to use the internet and cannot file your documents electronically, you can file documents with the Board in person, by mail, or by fax.
    • Consult the Hearing Order to view details regarding the filing requirements attached to the hearing you registered to participate in.
  • If the matter comes up in the oral phase of a hearing, an individual may give notice of a motion orally and the motion will be disposed of as the Board directs.

What is a Process Advisor?

  • The Board assigns Process Advisors to each hearing to assist you to better understand the hearing process for a specific project, and how to participate in it effectively.
  • The Process Advisors are available by telephone and email. Visit the project page of the hearing you registered to participate in at www.neb-one.gc.ca to find the contact information of your Process Advisors.
  • Process Advisors also offer workshops, usually on-line, to assist participants in specific parts of the hearing.
  • The Process Advisors can only discuss process matters with you and cannot make your case for you.

Where to Find More Information

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