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The Government Participant Role

Updated: May 2011

In order to improve coordination and communication with federal, provincial and territorial government departments and agencies that have environmental assessment (EA) responsibilities, and to facilitate their involvement in Board processes, a Government Participant (GP) role is available for them within the NEB hearing process. The intention is to support government departments and agencies in meeting their respective EA responsibilities, including federal authorities under the Canadian Environmental Assessment Act (CEA Act), while protecting the integrity of the NEB process.

Upon receipt of a proponent's NEB Application or Project Description the NEB sends out a section 5 coordination letter pursuant to the CEA Act Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements (SOR/97-181). This notification letter is sent to government departments and agencies who may be Responsible Authorities under the CEA Act or who may have expert or specialist advice or knowledge in respect of the project EA and to provincial EA contacts.

Those government departments and agencies that respond to the NEB's EA notification letter with an interest in the project are sent the NEB Hearing Order which sets out the hearing timeline and options for participating in the NEB hearing process and EA.

As an alternative to the GP role, government departments and agencies may also participate in the hearing as an intervenor or provide comments by way of a letter of comment or oral statement (if provided for in the Hearing Order).

All parties, including government departments and agencies may comment on the draft EA report after the close of the public hearing. However, the Board encourages all government departments and agencies to actively participate during the hearing process in order to ensure that their concerns are documented on the record and addressed in the hearing.

The basic features of the GP role are:

  • Government departments and agencies with EA responsibilities wanting to participate as a GP must file a declaration to that effect by the deadline set out in the Hearing Order. (Instructions and forms)
  • GPs will be considered parties to the hearing, and will be included on the distribution List of Parties.
  • In order to reduce the amount of documentation that may be of limited relevance to GPs, parties are only required to serve the GP with information requests and requests to cross-examine the GP.
  • GPs will receive notification of all documents issued by the Board and they will be placed on the electronic repository during the hearing process.
  • It is the responsibility of the GP to check the Board's electronic repository and the public registry to ensure that it receives all pertinent information.
  • GPs must serve any documents they file with the Board on all parties.
  • GPs may ask information requests of the applicant, but may only ask information requests of other intervenors or GPs with prior approval of the Board.
  • The Board may ask questions of the GP even when the GP has not filed evidence, for the purpose of ascertaining whether the environmental evidence meets the GP's needs.
  • GPs may file written evidence.
  • The Board, applicant, intervenors and other GPs may ask IRs on the GPs' evidence (and will serve them directly on the GP). If the GP objects to answering an IR, it shall file a letter with the Board setting out the reasons for its objection. The party asking the IR would have an opportunity to respond to the objection before the Board would rule whether the IR must be answered.
  • A GP may be subject to cross-examination but only if leave of the Board is received. The Board will examine the nature of the questions, the relevance to the proceeding, and why fairness requires cross-examination of the GP before granting such leave.
  • GPs may participate in hearing conferences on environmental or procedural matters.
  • GPs will be given notice of motions pertaining to environmental or procedural matters and can make submissions.
  • GPs may question the applicant orally at the hearing. GPs may only question other intervenors orally at the hearing with prior approval of the Board.
  • GPs may present final argument.
  • GPs may comment on proposed conditions relating to environmental matters.

Any further details on the GP role will be provided in NEB Hearing Orders and any specific Hearing Order may modify this procedure as needed for that proceeding. The effectiveness of the GP role will be monitored for potential improvement.

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Date Modified:
2011-10-28