ARCHIVED - Amendment to National Energy Board Rules of Practice and Procedure - Request for Comments

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Amendments to National Energy Board Rules of Practice and Procedure, 1995 ("Rules") - Request for Comments [PDF 68 KB]

File 185-A000-3
31 August 2009

Dear Sir or Madam:

To: Attached Distribution List

Amendments to National Energy Board Rules of Practice and Procedure, 1995 ("Rules") - Request for Comments

The Board is considering amending and updating the Rules to, among other things, reflect current practice, include technological updates, address recurring procedural issues and clarify terminology.

The formal regulation-making process provides for a public comment period after the draft is published in Part I of the Canada Gazette. However, prior to that opportunity, the Board is seeking comments on the preliminary draft of the proposed Rules from companies, associations, legal counsel and other stakeholders who are familiar with the Board's practice and procedure.

Some of the areas where substantial revisions are contemplated include:

  • Service (proposed Rules, ss. 6-10)
  • Filing (proposed Rules, ss. 11-16)
  • Filing of Website Information (proposed Rules, s. 24)
  • Forms of Participation (proposed Rules, ss. 34-39)
  • Evidence in Written and Oral Proceedings, Witnesses (proposed Rules, ss. 46-50)
  • Reply Evidence and Argument (proposed Rules, ss. 54-55)
  • Reviews and Rehearings (proposed Rules, ss. 56-59)
  • Stays (proposed Rules, s. 60)

The preliminary draft of the proposed Rules [PDF 1260 KB] is available on the Board's website, at (click on the "Acts and Regulations" tab on the left side of the page, then "National Energy Board Rules of Practice and Procedure" under the "Rules, Regulations, Guidelines, Guidance Notes and Memoranda of Guidance pursuant to the National Energy Board Act" bullet) or by calling the Board toll free at 1-800-899-1265. This letter, and the appropriate link to the proposed Rules, will also be posted on the Board's Internet site, under "What's New".

With this letter, the Board has attempted to contact regulated companies, counsel who frequently appear before the Board and many of the stakeholders with whom the Board has dealt over the last three years. This correspondence has been addressed to one person within each organization and recipients are encouraged to forward it to other counsel or interested stakeholders both internal and external to their organization.

If you would like to comment on this preliminary draft of amendments to the Rules, please submit your comments to the Board by 16 November 2009. Please direct any comments to Jody Saunders or Lauren Bell, Legal Services. Comments can be mailed to the Board, submitted through the Board's electronic filing system, faxed to 403-299-2710, or emailed to

Thank you in advance for your time and consideration.

Yours truly,

Lauren Bell
Legal Services

Anne-Marie Erickson
Acting Secretary of the Board

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