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Pipeline Arbitration Committee Procedure Rules, 1986 (SOR/86-787)

Regulations are current to 2024-02-06

Pipeline Arbitration Committee Procedure Rules, 1986

SOR/86-787

NATIONAL ENERGY BOARD ACT

Registration 1986-07-24

Rules Respecting Public Hearings Held by an Arbitration Committee Pursuant to Section 75.16 of the National Energy Board Act

P.C. 1986-1660 1986-07-23

Her Excellency the Governor General in Council, on the recommendation of the Minister of Energy, Mines and Resources, pursuant to section 75.29Footnote * of the National Energy Board Act, is pleased hereby to approve

Short Title

 These Rules may be cited as the Pipeline Arbitration Committee Procedure Rules, 1986.

Definitions

 In these Rules,

Act

Act means the National Energy Board Act; (Loi)

applicant

applicant means an owner of lands or a company that, pursuant to section 75.12 of the Act, serves a notice of arbitration on the Minister; (requérant)

Committee

Committee means an Arbitration Committee; (comité)

hearing

hearing means a hearing held by a Committee pursuant to paragraph 75.16(a) of the Act; (audience)

notice of arbitration

notice of arbitration means a notice of arbitration referred to in section 75.12 of the Act; (avis d’arbitrage)

party

party, in respect of a hearing, means the applicant, the respondent and any person designated as a party to the hearing pursuant to section 17; (partie)

respondent

respondent means an owner of lands or a company on whom a notice of arbitration is served pursuant to section 75.12 of the Act; (intimé)

secretariat

secretariat means the secretariat established pursuant to subsection 47(1). (secrétariat)

Application

  •  (1) These Rules apply to proceedings at a hearing.

  • (2) For the purpose of ensuring the expeditious conduct of hearings, and in so far as the rights of the parties are not unduly prejudiced, the Committee may, in respect of a hearing, order that these Rules or any provision thereof not apply to that hearing or apply in part only, and may extend or shorten the time fixed by these Rules for doing any act or serving or filing any notice or document.

Notice of Arbitration

  •  (1) Where, pursuant to section 75.12 of the Act, a company serves notice of arbitration on an owner of lands and the Minister, the notice of arbitration shall

    • (a) be dated and signed by the counsel for the company or by an officer authorized to sign on behalf of the company;

    • (b) set out the grounds for the arbitration, a clear and concise statement of the relevant facts and the nature of the decision sought;

    • (c) be divided into consecutively numbered paragraphs, each of which shall be confined as nearly as possible to a separate and distinct portion of the subject-matter of the notice of arbitration;

    • (d) set out the name and address of the company and, if the notice of arbitration is signed by the counsel for the company, the name and address of the counsel;

    • (e) set out the description of the lands of the owner required by the company and be accompanied by a plan showing the location of the lands;

    • (f) set out the amount of compensation, if any, that the company is offering to pay to the owner for the lands;

    • (g) be accompanied by an appraisal report showing all the facts taken into account by the company in arriving at the amount of compensation offered for the lands and stating, where applicable,

      • (i) the value assigned by the company to the lands exclusive of the improvements to or, things grown on the lands, including a consideration of the current use of the lands, the zoning, the developments projected and any other factor that might affect the lands,

      • (ii) the value assigned by the company to the improvements to and things grown on the lands, and

      • (iii) the estimated amount of the damage to the remaining lands of the owner;

    • (h) be accompanied by a certified copy of the title of the lands or a current abstract of the title of the lands;

    • (i) set out the names and addresses of all the parties known by the company to have an interest in the lands;

    • (j) set out that the respondent has 30 days in which to file his reply; and

    • (k) where the notice of arbitration is served to settle any claim for damages by the owner arising out of the operations of the company, contain a complete description and evaluation of the damages and set out the amount that the company is offering to pay, if any.

  • (2) Where, pursuant to section 75.12 of the Act, an owner of lands serves notice of arbitration on a company and the Minister, the notice of arbitration shall

    • (a) be dated and signed by the owner or the counsel for the owner;

    • (b) set out the grounds for the arbitration, a clear and concise statement of the relevant facts and the nature of the decision sought;

    • (c) be divided into consecutively numbered paragraphs, each of which shall be confined as nearly as possible to a separate and distinct portion of the subject-matter of the notice of arbitration;

    • (d) set out the name and address of the owner and, if the notice of arbitration is signed by the counsel for the owner, the name and address of the counsel;

    • (e) set out the description and the location of the lands required by the company;

    • (f) set out the estimated expenses of relocation for the owner, if applicable;

    • (g) set out that the respondent has 30 days in which to file his reply; and

    • (h) where the notice of arbitration is served to settle any claim for damages by the owner arising out of the operations of the respondent, set out a complete description and evaluation of the damages.

 Where an applicant serves a notice of arbitration or any supporting or explanatory document required to be furnished, he shall serve

  • (a) one copy on the Minister; and

  • (b) one copy on the respondent and on each person known by the applicant to have an interest in the lands in question.

  •  (1) Where, pursuant to subsection 75.13(1) of the Act, the Minister is served with a notice of arbitration, the Minister shall

    • (a) notify the applicant, the respondent and each person known by the Minister to have an interest in the lands in question of the names and addresses of the members of the Committee on which the notice or arbitration has been served; or

    • (b) notify the applicant, the respondent and each person known by the Minister to have an interest in the lands in question that, in accordance with subsection 75.13(2) of the Act, he will take no action with respect to the notice of arbitration.

  • (2) Until the Minister has notified the applicant, the respondent and each person known by the Minister to have an interest in the lands in question, in accordance with subsection (1), service of any relevant document to the Committee may be effected on the secretariat.

Reply

 Where a respondent intends to oppose a notice of arbitration at a hearing, he shall serve

  • (a) his reply to the notice of arbitration on the Committee, together with any supporting or explanatory documents; and

  • (b) one copy of his reply and of any supporting or explanatory documents on the applicant and all other parties to the hearing.

  •  (1) Where the respondent is a company that is not the owner of the lands in question, the reply referred to in section 7 shall

    • (a) be dated and signed by the counsel for the company or by an officer authorized to sign on behalf of the company;

    • (b) set out a clear and concise statement of the company’s reasons for opposing the decision that the owner sought in his notice or arbitration;

    • (c) be divided into consecutively numbered paragraphs, each of which shall be confined as nearly as possible to a separate and distinct portion of the subject-matter of the reply;

    • (d) set out the name and address of the company and, if the reply is signed by the counsel for the company, the name and address of the counsel;

    • (e) admit or deny each fact alleged in the notice of arbitration;

    • (f) set out a description of the lands required by the company, if the company disagrees with the description of the lands set out in the owner’s notice of arbitration, and be accompanied by a plan showing the location of the lands;

    • (g) set out the amount of compensation, if any, that the company is offering to pay to the owner;

    • (h) be accompanied by an appraisal report showing all the facts taken into account by the company in arriving at the amount of compensation offered and setting out, where applicable,

      • (i) the value assigned by the company to the lands, exclusive of the improvements to or things grown on the lands, including a consideration of the current use of the lands, the zoning, the developments projected and any other factor that might affect the lands,

      • (ii) the value assigned by the company to the improvements to or things grown on the lands, and

      • (iii) the estimated amount of the damage to the remaining lands of the owner;

    • (i) be accompanied by a certified copy of the title of the lands or a current abstract of the title of the lands;

    • (j) set out the names and addresses of all the parties known by the company to have an interest in the lands; and

    • (k) where the notice of arbitration is served to settle any claim for damages by the owner arising out of the operations of the company, set out a complete description and evaluation of the damages and the amount the company is offering to pay, if any.

  • (2) Where a respondent is the owner of the lands in question, the reply referred to in section 7 shall

    • (a) be dated and signed by the owner or the counsel for the owner;

    • (b) set out a clear and concise statement of the owner’s reasons for opposing the decision that the company sought in its notice of arbitration;

    • (c) be divided into consecutively numbered paragraphs, each of which shall be confined as nearly as possible to a separate and distinct portion of the subject-matter of the reply;

    • (d) set out the name and address of the owner and, if the reply is signed by the counsel for the owner, the name and address of the counsel;

    • (e) admit or deny each fact alleged in the notice of arbitration;

    • (f) set out the estimated expenses of relocation for the owner, if applicable; and

    • (g) where the notice of arbitration is served to settle any claim for damages by the owner arising out of the operations of the company, set out a complete description and evaluation of the damages.

 Subject to subsection 3(2), a respondent shall serve his reply on the applicant within 30 days after the date of service of the notice of arbitration.

Service

  •  (1) Subject to subsections (2) and (3) and section 11, service of a notice of arbitration, a notice of hearing, a reply or any other notice or document shall be effected by personal service.

  • (2) Personal service of a notice of arbitration, a notice of hearing, a reply or any other notice or document on the Minister or a Committee is effected by posting a copy of the notice of arbitration, notice of hearing, reply or other notice or document by registered mail to the Minister or Committee and the date of service is the second day after the day the notice of arbitration, reply or other notice or document is posted at a post office.

  • (3) Personal service of a notice of arbitration, a notice of hearing, a reply or any other notice or document on a person is effected by leaving a copy of the notice of arbitration, reply or other notice or document with the person.

  • (4) Personal service of a notice of arbitration, a notice of hearing, a reply or any other notice or document on a company is effected

    • (a) by leaving a copy of the notice of arbitration, notice of hearing, reply or other notice or document with an officer of the company, in which case the date of service is the date the copy is left; or

    • (b) by posting the notice of arbitration, notice of hearing, reply or other notice or document by registered mail to the address of the company, in which case the date of service is the second day after the day the notice of arbitration, notice of hearing, reply or other notice or document is posted at a post office.

  • (5) Personal service of a notice of arbitration, a notice of hearing, a reply or any other notice or document on a municipal corporation is effected by leaving a copy of the notice of arbitration, notice of hearing, reply or other notice or document with the warden, reeve, mayor or clerk.

Substituted Service

  •  (1) Subject to subsection (2), when a company has been unable to effect personal service of a notice of arbitration on a person after having made reasonable attempts to do so, the Committee may, on application by the company, order substituted service of the notice on the person by one or more of the methods referred to in subsection 13(1).

  • (2) The Committee shall not order substituted service of a notice of arbitration on a person unless

    • (a) the Committee is satisfied that personal service of the notice on the person is impractical in the circumstances; and

    • (b) the information provided in accordance with paragraph 12(c) discloses that there is a reasonable possibility that substituted service of the notice on the person will bring the notice to the attention of that person.

  • SOR/93-240, s. 2

 Where, pursuant to subsection 11(1), a company applies for an order, it shall file with the Committee five copies of its written application, together with an affidavit disclosing

  • (a) the efforts made to effect personal service;

  • (b) the prejudice to any person that would result from further efforts at personal service; and

  • (c) the last known address of the person on whom a notice of arbitration is required to be served, the address of the residence or place of business of the person or any other place thought to be frequented by the person, the names and addresses of any persons who may be in communication with the person, or any other information respecting where the person might be found.

  • SOR/93-240, s. 2
  •  (1) Substituted service of a notice of arbitration may be effected by one or more of the following methods:

    • (a) leaving the notice of arbitration with an adult person at the residence or place of work or business of the person or at any other place thought to be frequented by the person;

    • (b) leaving the notice of arbitration with any other adult person who may be in communication with the person;

    • (c) sending the notice of arbitration by registered mail to the last known address of the person;

    • (d) publishing the notice of arbitration in one or more publications in general circulation in the area where the person was last known to be or is thought to be; or

    • (e) any method that appears to the Committee likely to bring the notice of arbitration to the attention of the person.

  • (2) [Revoked, SOR/93-240, s. 2]

  • SOR/93-240, s. 2

Service of Order

 Where a notice of arbitration is served by substituted service ordered by a Committee pursuant to subsection 11(1), it shall be accompanied by a copy of the order of the Committee ordering the substituted service unless the Committee orders otherwise.

Notice Deemed Received

 Where a notice of arbitration is served by substituted service ordered by a Committee pursuant to subsection 11(1), it shall be deemed to have been received by the person entitled thereto on the day following the day on which each method of substituted service ordered by the Committee was carried out or on such later day as the Committee may fix in the order for substituted service of that notice of arbitration.

Proof of Service

  •  (1) Proof of service of any notice of arbitration or other notice or document that is required to be served by an owner of lands shall be filed with the Committee at the time of the hearing, except where the notice of arbitration or other notice or document was given to or served on the Committee or the Minister.

  • (2) Proof of service of any notice of arbitration or other notice or document that is required to be served by a company shall be filed with the Committee within 10 days of the service.

 

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