Opposing the Detailed Route
Landowners play a vital role in the development of Canada’s energy resources. The National Energy Board (NEB or Board) has about 73,000 kilometres of pipelines under its jurisdiction – almost enough to wrap around the Earth twice. In order for a pipeline to be built, a specific location must be identified and the necessary land rights need to be obtained by pipeline companies from affected landowners.
What kind of notice and route information is provided?
If your lands are crossed by the pipeline right of way and your lands are required by the company, they will provide you with a personally served notice that includes maps, property sketches, and the detailed measurements of the right of way or temporary work space and where the pipeline or other facilities will be built. Anyone else might see a newspaper advertisement with route information. The company will make available drawings and documents showing the full route. These are called the Plan, Profile, and Book of Reference (PPBoR) and can usually be viewed online from the NEB’s website or at a local library.
What if I don’t agree with the proposed location?
If you are a landowner or have another interest in the lands, you can file a written statement of opposition with the NEB within 30 days of receiving personal notice or 30 days of the publication date of a notice. You can oppose the route based on the location of the pipeline or the methods or timing of construction. A detailed route hearing may be held so that the Board may listen to landowners’ routing concerns. After a detailed route hearing, the Board will decide if the route is approved or not approved. If the route is not approved, the company has to identify a new route and begin the detailed route approval process again with notices. Approval of the project itself and disputes over compensation are not addressed during a detailed route hearing.
What information do I need to include on my Statement of Opposition?
You need to provide your contact information, identify the lands where you are opposing the route, explain if you are the landowner or what interest you have in those lands, and provide the reasons you are opposing the route (location, or methods or timing of construction).
How do I file my written statement of opposition?
You can write a letter with all required information and file it with the NEB using electronic filing. Instead of writing a letter, you can also download and fill in the Statement of Opposition template on the NEB’s website to make sure you are providing all the necessary information. If you cannot file electronically you can fax or mail your Statement of Opposition to the NEB.
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