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History of Filing Manual Updates
Table of Contents, Glossary, Abbreviations
Index (Table Format)
Flowchart (Access PDF files)
Chapter 1
Chapter 2
Chapter 3
Chapter 4
Guide A
Guide B
Guide C
Guide D
Guide E
Guide F
Guide G
Guide H
Guide I
Guide J
Chapter 5
Guide O
Guide P
Guide Q
Guide R
Guide S
Guide T
Guide U
Guide V
Guide W
Chapter 6
Guide AA
Guide BB
Schedules 1 to 6
(Word format)
Guide CC
Chapter 7
Appendix I

Filing Manual
National Energy Board

ISSN 1718-472X

Table of Contents, Glossary and Abbreviations

Table of Contents

Chapter 1 - Introduction

Chapter 2 - Instructions to Users

Chapter 3 - Common Information Requirements

Chapter 4 - Physical Projects

Chapter 5 - Applications not for Physical Projects

Guide O - Review, Rehearing or Variance Applications

Guide P - Tolls and Tariffs

Guide Q - Import and Export Licences and Orders

Guide R - Transfer of Ownership, Lease or Amalgamation

Guide S - Access on a Pipeline

Guide T - Leave to Open

Guide U - Information Filed Respecting Plan, Profile, Book of Reference and Notices

Guide V - Right-of-Entry Application

Guide W - Requirements for Substituted Service Applications

Chapter 6 - Non-Application Information Filings

Guide AA - Post Certificate or Order Requirements

Guide BB - Financial Surveillance Reports

Guide CC - Import and Export Reporting Requirements

Chapter 7 - Links to Reference Documents

Appendix I - Filing Manual Checklists [EXCEL: 80 KB] [WORD: 1392 KB] [PDF: 274 KB]: These links provides access to all the checklists.

List of Tables

Chapter 2 - Table 2-1: Sections of NEB Act and Regulations Requiring Applications

Chapter 3 - Table 3-1: Other Potential Federal Contacts

Chapter 4 - Guide A.2 - Table A-1: Summary of Environmental and Socio-Economic Assessment Filing Requirements

Chapter 4 - Guide A.2 - Table A-2: Filtering Questions for Determining Appropriate Level of Detail for an Application

Chapter 4 - Guide A.2 - Table A-3: Circumstances Triggering the Need for Detailed Biophysical and Socio-Economic Information

Chapter 4 - Guide A.2 - Table A-4: Filing Requirements for Biophysical Elements

Chapter 4 - Guide A.2 - Table A-5: Filing Requirements for Socio-Economic Elements

Chapter 4 - Guide A.3 - Table A-6 Overview of Supply, Transportation and Markets Filing Requirements [WORD: 72 KB]

Chapter 6 - Guide AA - Table AA-1: Specific Information for Biophysical Elements

Chapter 6 - Guide AA - Table AA-2: Example of a Summary Table of Outstanding Issues

Chapter 6 - Guide AA - Table AA-3: Example of a Summary Table of Discussions Regarding Outstanding Issues

List of Figures

Chapter 2 -Section 2-1: NEB Filing Manual Flowchart

 Glossary of Terms
Term Definition
Abandon The permanent cessation of the operation of a pipeline which results in the discontinuance of service. (Cessation d'exploitation)
Aboriginal Includes the Indian, Inuit and Métis peoples of Canada. (Aboriginal)
Action Plans The competent minister is required to prepare one or more action plans based on the recovery strategy for a listed species. The action plan or plans and any amendments will be included in the public registry established under the Species at Risk Act. (Plan d'action)
Adverse Effect The impairment of or damage to the environment or health of humans, or damage to property or loss of reasonable enjoyment of life or property. (Effet négatif)
Allowance for Funds Used During Construction (AFUDC) An amount allowed to be included in the construction costs of a project or the cost of funds used during the period of construction when a utility undertakes to construct its own facilities. (Provision pour fonds utilisés durant la construction)
Baseline Information The current state of the environment or environmental setting for a particular element. This information will assist in determining potential environmental effects of the project by providing an environmental reference point for the element, with which to compare future environmental conditions, and potential project effects. (Renseignements de base)
Base Year A period, usually a calendar year, of the most recent twelve consecutive months of actual data. (Année de base)
Biophysical Environment

The components of the earth including:

  • land, water and air, including all layers of the atmosphere;
  • all organic and inorganic matter and living organisms; and
  • the interacting natural systems that include components referred to in the previous bullets. (Milieu naturel)
Booked Amount The final amount recorded in the appropriate account under the Gas Pipeline Uniform Accounting Regulations or the Oil Pipeline Uniform Accounting Regulations. (Montant comptabilisé)
Contaminant A substance that is present or released in the environment at an amount, concentration, level or rate that results in or may result in an adverse effect. (Contaminant)
Critical Habitat The habitat that is necessary for the survival or recovery of a listed wildlife species and that is identified as the species' critical habitat in the recovery strategy or in an action plan for the species. [Species at Risk Act s.2] (Habitat essentiel)
Cumulative Effects Changes to the environment that are caused by an action in combination with other past, present and future human actions. ('Action' includes projects and activities.) (Effets cumulatifs)
Current Year The 12-month period, usually a calendar year, preceding the test year. Amounts for a current year would usually involve actual data for a portion of the year and estimated data for the rest of the year. (Année courante)
Deleterious Substance

(a) any substance that, if added to any water, would degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water; or

(b) any water that contains a substance in such quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any other water, degrade or alter or form part of a process of degradation or alteration of the quality of that water so that it is rendered or is likely to be rendered deleterious to fish or fish habitat or to the use by man of fish that frequent that water. [Fisheries Act s. 34(1)] (Substance nocive)

Easement An agreement under which a company acquires the right to use the land for the pipeline or powerline. It is a written contract that sets out the rights of the company and rights of the landowner for the use of the right of way. (Servitude)
Environmental Effect

In respect of a project:

(a) any change that the project may cause in the environment, including any change it may cause to a listed wildlife species, its critical habitat or the residences of individuals of that species, as those terms are defined in subsection 2(1) of the Species at Risk Act,

(b) any effect of any change referred to in paragraph (a) on

(i) health and socio-economic conditions,
(ii) physical and cultural heritage,
(iii) the current use of lands and resources for traditional purposes by aboriginal persons, or
(iv) any structure, site or thing that is of historical, archaeological, paleontological or architectural significance, or

(c) any change to the project that may be caused by the environment,

whether any such change or effect occurs within or outside Canada.

[Canadian Environmental Assessment Act s. 2] (Effet environnemental)

Environmentally Sensitive Area An area designated in regional or local land use plans, or by a local, regional, provincial or federal government body as being sensitive to disturbance or identified by an applicant as being sensitive for some reason. (Région écologiquement sensible)
Fee Simple Owner The person or legal entity that is in the legal possession of land. Usually it is the person named on the title. (Propriétaire en fief simple)
Group 1 and Group 2 Companies In 1985, for financial regulatory purposes, the Board divided the pipeline companies under its jurisdiction into two groups: Group 1 companies with more extensive systems; and Group 2 companies that operate smaller systems. (Compagnies du groupe 1 ou du groupe 2)
Heritage Resources Cultural, historic, archaeological and paleontological resources are collectively known as heritage resources and can include pre-contact and post-contact features. (Ressources patrimoniales)
Human Health A state of complete physical, mental and social well-being, and the ability to adapt to the stresses of daily life; it is not merely the absence of disease or infirmity. (Santé)
Human Health Assessment Considers the effect of hazardous substances, environmental factors and exposure conditions on local and regional populations. It may consist of qualitative and quantitative assessments. (Évaluation de la santé)

Limiting Factor

 

Anything that has a measurable controlling effect on a species growth or expansion, or on a biophysical element's continued capability to support its ecosystem. (Facteur limitant)
Migratory Bird A migratory bird referred to in the convention, and includes the sperm, eggs, embryos, tissue cultures and parts of the bird. [Migratory Birds Convention Act s. 2] (Oiseau migrateur)
Mitigation In respect of a project, the elimination, reduction or control of the adverse environmental effects of the project, and includes restitution for any damage to the environment caused by such effects through replacement, restoration, compensation or any other means. [Canadian Environmental Assessment Act s. 2] (Mesures d'atténuation)
Monitoring Plan The plan for resolving specific outstanding environmental issues, observing the potential environmental effects of a project, assessing the effectiveness of mitigation measures undertaken, identifying unanticipated environmental issues and determining the action required based on the result of these activities. (Plan de surveillance)
Owner

For the purposes of sections 86 to 107 of the National Energy Board Act, the 'owner' is not restricted to the fee simple owner or to freehold lands1. In this regard, an owner may include any interest in, or possession of land, such as the fee simple owner, Aboriginal title, the administrators of crown and public lands and occupants of land. The interest held may be registered or unregistered.

With respect to sections 33 and 34 of the National Energy Board Act, the owner of lands includes the fee simple owner and may also include any other interest held in the land, as described above. When determining the owners of lands required for the project, the applicant should consider all potential owners of the lands required and implement its notification and acquisition processes pursuant to the Act. (Propriétaire)

____________________
1. Sections 75 and 85 of the NEB Act describe the nature of an 'owner':
75. A company shall, in the exercise of the powers granted by this Act or a Special Act, do as little damage as possible, and shall make full compensation in the manner provided in this Act and in a Special Act, to all persons interested, for all damage sustained by them by reason of the exercise of those powers.

85. In sections 86 to 107, 'owner' means any person who is entitled to compensation under section 75.

Physical Project Applications being of a physical nature including those applications required by the Onshore Pipeline Regulations, 1999 and Processing Plant Regulations as well as some pursuant to the National Energy Board Act. (Projet concret)
Pipeline A line that is used or to be used for the transmission of oil, gas or any other commodity and that connects a province with any other province or provinces or extends beyond the limits of a province or the offshore area as defined in section 123, and includes all branches, extensions, tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, telegraph or radio and real and personal property and works connected therewith, but does not include a sewer or water pipeline that is used or proposed to be used solely for municipal purposes. [National Energy Board Act s.2] (Pipeline)
Plant Account An account listed in either Schedule IV of the Gas Pipeline Uniform Accounting Regulations or Schedule II of the Oil Pipeline Uniform Accounting Regulations, as appropriate. (Compte d'installation)
Polluting Substance A substance that, if added to a water body, is likely to degrade or alter or form part of a process of degradation or alteration of the physical, chemical or biological conditions of the water body to an extent that is detrimental to its use by human beings, animals, fish or plants. [Exclusion List Regulations s.2] (Substance polluante)
Processing Plant A plant used for the processing, extraction or conversion of fluids and all structures located within the boundaries of the plant, including compressors and other structures integral to the transportation of fluids. [Processing Plant Regulations s. 1] (Usine de traitement)
Rate Base The net cost of investment on which an applicant expects to earn a return for a given test year. (Base tarifaire)
Reclamation The process of re-establishing a disturbed site to a former or other productive use, not necessarily to the same condition that existed prior to disturbance. The land capability may be at a level different (i.e., lower or higher) than that which existed prior to the disturbance, depending on the goal of the process. Reclamation includes the management of a contaminated site and revegetation where necessary. Reclamation is not considered complete until the goals for reclamation have been achieved. (Remise en état)
Recovery Strategy A strategy for the recovery of a listed extirpated, endangered or threatened species prepared by the competent minister (as defined under the Species at Risk Act). If the recovery of the listed species is feasible, the recovery strategy must address the threats to the survival of the species identified by the Committee for the Status of Endangered Wildlife in Canada, including any loss of habitat. The recovery strategy and any amendments will be included in the public registry established under the Species at Risk Act. (Programme de rétablissement)
Regulated Entity An economic unit operating a pipeline and subject to oversight by a regulatory body having jurisdiction. (Entité réglementée)
Residual Effects Effects that are present after mitigation is applied. (Effets résiduels)
Responsible Authority In relation to a project, a federal authority that is required pursuant to subsection 11(1) of the Canadian Environmental Assessment Act to ensure that an environmental assessment of the project is conducted. [Canadian Environmental Assessment Act s. 2] (Autorité responsable)
Right of Entry The right of access to, and use of, land surface. (Droit d'accès)
Right-of-Entry Order An order by the National Energy Board made under the National Energy Board Act granting a company access to, and use of, a defined portion of land for the purposes as set out in the order. (Ordonnance de droit d'accès)
Right of Way (RoW) The strip of land acquired for which a company has obtained the rights for the construction and operation of the pipeline or powerline. (Emprise)
Socio-Economic Effect In respect of a project, any effect on a socio-economic element found in Table A-5, including direct effects as well as effects resulting from a change in the environment (as referred to in the definition of Environmental Effect). (Effet socio-économique)
Species at Risk An extirpated, endangered or threatened species or a species of special concern. [Species at Risk Act s. 2] (Espèce en péril)
Species of Special Status Species listed under provincial jurisdiction or of recognized local importance because they are vulnerable, threatened, endangered or extirpated. (Espèce à statut particulier)
Study Area The area within the spatial boundaries of the scope of the environmental and socio-economic effects assessment. Since the spatial boundaries of the assessment may vary with different biophysical and socio-economic elements, the study area may also vary. (Zone d'étude)
Test Year A future 12-month period, usually a calendar year, when the new tolls would be in effect. (Année d'essai)
Traditional Territory Crown lands where an Aboriginal group has claimed the right to use the land for traditional purposes such as hunting, fishing, trapping, gathering or spiritual activities. One or more Aboriginal groups may claim the same lands as their traditional territory. (Territoire traditionnel)
Valued Ecosystem Component (VEC)

Resources or environmental features that have all or some of the following features:

  • importance to local human populations;
  • regional, national or international profiles; or
  • if altered from their existing status will be important in evaluating the impacts of development or human actions, and in focusing management or regulatory policy. (Composante valorisée de l'écosystème)
Valued Socio-Cultural Component (VSC) Cultural, social, economic or health aspects of the study population that, if affected by the project, would be of concern to local human populations or government regulators. (Composante socio-culturelle valorisée)
Water Body A water body, including a canal, reservoir, an ocean and a wetland, up to the high-water mark, but does not include a sewage or waste treatment lagoon or mine tailings pond. [Exclusion List Regulations s. 2] (Plan d'eau)
Wetlands

Land where the water table is at near or above the surface, or which is saturated for a long enough period to promote such features as wet-altered soils and water tolerant vegetation. Wetlands include organic wetlands or "peatlands", and mineral wetlands or mineral soil areas that are influenced by excess water, but produce little or no peat. (Terre humide)


List of Abbreviations
Abbreviation Definition
ADR Appropriate Dispute Resolution
AFUDC allowance for funds used during construction
bbl barrell
oC degrees Celsius
CCME Canadian Council of Ministers of the Environment
CEA Act Canadian Environmental Assessment Act
CEA Act Exclusion List Canadian Environmental Assessment Act Exclusion List Regulations
CEA Agency Canadian Environmental Assessment Agency
cf cubic feet
cf/d cubic feet per day
CIF cost, insurance and freight
CSA Canadian Standards Association
CSA Z662 Canadian Standards Association Standard Z662, Oil and Gas Pipeline Systems
CSR Comprehensive Study Report
DFO Fisheries and Oceans Canada
ESA environmental and socio-economic assessment
EPP environmental protection plan
GPUAR Gas Pipeline Uniform Accounting Regulations
H2S hydrogen sulfide
ISO International Organization for Standardization
kPa kilopascals
LNG liquefied natural gas
m3 cubic metre
MBP market-based procedure
MJ/m3 megajoules per cubic metre
MOP maximum operating pressure
MPa megapascals
NEB or the Board National Energy Board
NEB Act National Energy Board Act
NGL natural gas liquids
NO2 nitrogen oxide
NPRI National Pollutant Release Inventory
O3 ozone
OPR Onshore Pipeline Regulations, 1999
OPUAR Oil Pipeline Uniform Accounting Regulations
Part VI Regulations National Energy Board Act Part VI (Oil and Gas) Regulations
P&ID process and instrumentation diagram
Post-construction report post-construction environmental monitoring report
PPBoR plans, profiles and books of reference
PPR National Energy Board Processing Plant Regulations
QA quality assurance
Reporting Regulations National Energy Board Export and Import Reporting Regulations
RoW Right of Way
Rules National Energy Board Rules of Practice and Procedure, 1995
SARA Species at Risk Act
SCADA supervisory control and data acquisition
SI International System of Units
SO2 sulphur dioxide
UTM Universal Transverse Mercator
VEC Valued Ecosystem Component
VSC Valued Socio-cultural Component
Valued Component VEC and VSC
106 million
109 billion