Vol. 134, No. 42 — October 14, 2000

Regulations Amending the National Energy Board Substituted Service Regulations

Statutory Authority

National Energy Board Act

Sponsoring Agency

National Energy Board

REGULATORY IMPACT ANALYSIS STATEMENT

Description

Pursuant to paragraph 8(b) of the National Energy Board Act ("the Act"), the National Energy Board ("the Board") may make rules governing the making of applications, representations and complaints to the Board, as well as the conduct of its hearings. The Board has exercised that power by creating the National Energy Board Rules of Practice and Procedure, 1995 ("the Rules"). Subsection 8(8) of the Rules adopts in a general manner the rules of the Federal Court of Canada with respect to personal service of documents, in those situations where service of a document is required by the Act or the Rules. The adoption of the rules of the Federal Court in this respect are subject to certain minor changes concerning the manner in which Her Majesty the Queen is to be served.

Recent amendments to the rules of the Federal Court of Canada have been made and have caused a review of subsection 8(8) of the Board's Rules to be undertaken. As a result of that review, it has been determined that amendments to subsection 8(8) of the Rules are required to take into account changes made to the rules of the Federal Court and to clarify the manner in which Her Majesty in right of a province is to be served.

A companion amendment to the National Energy Board Substituted Service Regulations is also required to ensure conformity in the legislation which pertains to the service of documents in respect of National Energy Board proceedings.

Alternatives

The alternative of not enacting the amendments was considered but was found to be an inadequate response to concerns expressed by the legal community respecting the potential for confusion in those provisions of the Board's rules which apply to service of documents upon the Crown. Amending the rules was considered to be the only viable alternative.

Benefits and Costs

The legal profession which engages in practice before the National Energy Board will benefit by this change because the amendment will provide legal certainty with respect to the manner of effecting service of documents on Her Majesty. The changes proposed by this amendment will not increase the costs borne by parties who are required to effect service of a document on Her Majesty.

Compliance and Enforcement

Service of documents is an integral part of regulatory proceedings administered by the Board. Proper service is enforced by the Board as part of its normal duties in an adjudicative process. Improper service of documents can result in the denial of relief requested by a party from the Board. No additional compliance or enforcement mechanisms will be necessary as a result of these amendments.

Contact

Peter W. Noonan, Counsel, National Energy Board, 444 Seventh Avenue SW, Calgary, Alberta T2P 0X8, (403) 299-3552 (Telephone), (403) 299-2710 (Facsimile).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Minister of Natural Resources, pursuant to section 107 of the National Energy Board Act, proposes to make the annexed Regulations Amending the National Energy Board Substituted Service Regulations.

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Mr. Michel Mantha, Secretary, National Energy Board, 444 Seventh Avenue SW, Calgary, Alberta, T2P 0X8, e-mail: mmantha@neb.gc.ca.

Ottawa, September 25, 2000

RALPH E. GOODALE
Minister of Natural Resources

REGULATIONS AMENDING THE NATIONAL ENERGY BOARD SUBSTITUTED SERVICE REGULATIONS

AMENDMENT

1. The definition "personal service" in section 2 of the National Energy Board Substituted Service Regulations (see footnote 1) is replaced by the following:

"personal service" means personal service in the manner permitted by the National Energy Board Rules of Practice and Procedure, 1995. (signification à personne)

COMING INTO FORCE

2. These Regulations come into force on the day on which they are registered.

[42-1-o]

Footnote 1

SOR/83-191

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