Electricity Filing Manual – Guide A – Information Filed Respecting Plan, Profile, Book of Reference and Notices (CER Act s. 199 and s. 201)

Table of Contents

When an applicant elects for federal laws to apply, certain sections of the CER Act which are normally reserved for pipelines, also apply to IPLs pursuant to ss. 266(1) and 266(2) of the CER Act.

A reference to the word:

  • (a) a “company” were a reference to the applicant for or holder of the certificate issued in respect of the line;
  • (b) a “pipeline” or “line” were a reference to the international or interprovincial power line; and
  • (c) “hydrocarbons” were a reference to electricity.

Goal

The application for approval of PPBoRs includes accurate documentation regarding the detailed route of the electricity facility and related ownership, which demonstrates compliance with legislative requirements and respects the rights of potentially affected landowners.

The application for approval of notices includes accurate sample notices, which demonstrates compliance with legislative requirements, respects the rights of potentially affected landowners and other persons and provides the required regulatory information that may engage these parties in a CER regulatory process.

A.1 Plan, Profile, Book of Reference (PPBoR)

Filing Requirements

S. 199 of the CER Act requires that:

  • 199 (1) The company must submit the plan, profile and book of reference referred to in paragraph 198(c) to the Regulator. Footnote 6.
  • (2) The plan and profile must include any details that the Commission may require.
  • (3) The book of reference must describe the portion of land proposed to be taken in each parcel of land to be traversed, giving the numbers of the parcels, and the area, length and width of the portion of each parcel to be taken, and the names of the owners and occupiers in so far as they can be ascertained.
  • (4) The plan, profile and book of reference must be prepared to the satisfaction of the Commission, and the Commission may require the company to provide any additional information that the Commission considers necessary.

In addition, the plan and profile of the project should be drawn to a scale of 1:10 000 or larger and, if appropriate, should show:

  1. the proposed route of the IPL;
  2. property boundaries; and
  3. the numbers of the parcels of land to be traversed (i.e., legal land descriptions).

Guidance

When the Commission releases a decision approving an application for an election certificate pursuant to s. 262 of the CER Act, the company may provide a draft version of the PPBoR.

Upon receipt of the s. 262 electricity certificate, the company shall file PPBoRs pursuant to s. 199 of the CER Act for approval pursuant to s. 203 of the CER Act. The applicant may consider using a photomosaic overlay for the final PPBoR. A photomosaic can provide a high level of visual information about the detailed route of the project. The PPBoR will allow landowners and other persons to examine the PPBoR to determine the precise location of the proposed detailed route, the lands that will be crossed, the type of land rights that will be required and the landowners who will be affected.

In the event the Commission approves the PPBoR for a project, the company is required to file the PPBoR with the registrar of deeds in the appropriate land titles or land registry office prior to the commencement of construction or other activities in respect of the approved PPBoR.

A.2 S. 201 Notices

When PPBoRs are filed with the CER (pursuant to s. 199(1) of the CER Act), a sample notice shall be filed for Commission approval prior to service and publication. The notice will meet the requirements of s. 201 of the CER Act, s. 50 of the National Energy Board Rules of Practice and Procedure, 1995 (Rules) and the Official Languages Act.

Filing Requirements

S. 201 of the CER Act states:

  • 201 (1) If a company has submitted to the Regulator a plan, profile and book of reference under subsection 199(1), the company must, in the form and manner specified by the Commission,
    • (a) serve a notice on all owners of lands proposed to be acquired, leased, taken or used, insofar as they can be ascertained; and
    • (b) publish a notice in at least one issue of a publication, if any, in general circulation within the area in which the lands are situated.
  • (2) The notices mentioned in subsection (1) must describe the proposed detailed route of the pipeline, the location of the head office of the Regulator and the right of the owner and of persons referred to in subsection (4) to make, within the period referred to in subsection (3) or (4), as the case may be, representations to the Commission respecting the detailed route of the pipeline.
  • (2.1) The Regulator must publish on its website any notice that is published under paragraph (1)(b).
  • (3) If an owner of lands who has been served with a notice under subsection (1) wishes to oppose the proposed detailed route of a pipeline, the owner may, within 30 days after the day on which the notice is served, file with the Regulator a written statement setting out the nature of their interest and the grounds for their opposition to that route.
  • (4) A person who anticipates that their lands may be adversely affected by the proposed detailed route of a pipeline, other than an owner of lands referred to in subsection (3), may oppose the proposed detailed route by filing with the Regulator, within 30 days after the day on which the last notice referred to in subsection (1) is published, a written statement setting out the nature of their interest and the grounds for their opposition to that routeFootnote 7.

S. 50 of the Rules states:

  • 50 (1) Before any notice in respect of a plan, profile and book of reference of a pipeline or an international or interprovincial power line is served or published by an applicant under section [201 of the CER Act], the applicant shall
    • (a) submit to the [Commission] for approval as to form a sample notice for service and a sample notice for publication, both of which shall include a sample description of the proposed detailed route of the pipeline or the international or interprovincial power line that is to be included in each notice; or
    • (b) identify in writing, for the approval of the [Commission], one or more forms of notices previously approved by the [Commission] that the applicant proposes to serve or publish in relation to the plan, profile and book of reference.
  • (2) The submission required under paragraph (1)(a) shall include
    • (a) a copy of any map that the applicant proposes to publish; and
    • (b) a list of the titles and the number of issues of the publications in which the applicant proposes to publish the notice.
  • (3) Any notice served or published under section [201 of the CER Act] shall not depart in any material respect from the notice approved by the [Commission] under subsection (1).

In addition, the Applicant must provide the following information.

  1. File a copy of the notice that will be served on landowners. At a minimum, the notice should include:
    • a map of the proposed detailed route of the IPL;
    • a plan of the lands proposed to be acquired, which:
      1. includes reference to legal survey points, if such points are available; and
      2. is of a scale sufficient to identify, with reasonable accuracy, the location, dimensions and area of lands in relation to the remaining adjacent lands of the owner, if any.
  2. Provide a copy of the notice, in both official languages, that will be included in local publications. At a minimum, the notice should include:
    • a description of the requirements described within ss. 202 to 206 of the CER Act;
    • a description of the proposed detailed route of the IPL;
    • a plan of a scale sufficient to identify, with reasonable accuracy, the location of the proposed detailed route in relation to:
      1. topographical features;
      2. population centres;
      3. highways;
      4. utilities; and
      5. other such prominent local landmarks;
    • a schedule that lists sequentially the names of each registered fee simple owner of the land that is proposed to be acquired within the area covered by the plan and identifies the lands of each owner by legal description, including the:
      1. municipal address;
      2. parcel number;
      3. registered plan number;
      4. lot;
      5. concession;
      6. township;
      7. parish;
      8. range;
      9. county; or
      10. other equivalent land divisions, as are sufficient to identify the lands of each such owner;
    • the location within or near the area covered by the plan where the PPBoR for that area are available for public inspection.
  3. The list of the publications that will be used should include:
    • proposed dates of publication;
    • submission deadlines;
    • frequency (daily, weekly, monthly) of publication; and
    • language of publication (French, English or both).
  4. Where the applicant completes the service and publication of notice under s. 201 of the CER Act, it shall forthwith notify the CER in writing of the dates of the last service and publication. The company shall file a tear sheet of the newspapers.

Guidance

After the Commission has issued an election certificate and the PPBoRs have been filed with the CER pursuant to s. 199 of the CER Act, the company must provide a sample notice, in both English and French, of the proposed s. 201 notices, or identify notices previously approved by the Commission that the applicant proposes to serve or publish. CER staff can provide assistance in order to ensure that the notices comply with the CER Act requirements. Once Commission approval has been obtained, the company can serve and publish its s. 201 notices.

When publishing notices, consider the availability of English and French newspapers and their respective regional coverage. In the event that newspapers in the region are published in only one official language, publish both the French and English versions side by side in compliance with the Official Languages Act.

The Rules require that where an applicant completes the service and publication of any notice under s. 201 of the CER Act, the company shall forthwith notify the CER in writing of the dates of the last service and publication. This allows the Commission to determine when the notices were served and published which commences the comment period set out in ss. 201(3) and 201(4) of the CER Act. The Commission will not approve any PPBoR prior to the expiry of the comment period.

Detailed Route Hearing

If an objection is received by the CER pursuant to s. 201(3) or 201(4) of the CER Act, the Commission will, pursuant to s. 202(1) of the CER Act, order a public hearing be conducted with respect to the detailed route and method and timing of construction of the IPL.

Following the issuance of a Hearing Order by the Commission, consider filing the following information:

  • a description of all landowner concerns with respect to the detailed route;
  • the methods and timing of construction of the project; and
  • comments on the potential for using the CER’s Appropriate Dispute Resolution (ADR) services.

A.3 Application to Correct a PPBoR Error (CER Act s. 208)

Goal

The application for a permit to correct an omission, misstatement or error in a registered PPBoR includes accurate documentation regarding the error and will address all land matters, which demonstrates compliance with legislative requirements and respects the rights of the affected landowner(s).

Filing Requirements

An application pursuant to s. 208(1) of the CER Act should include:

  • the Order number and date of the original PPBoR approval;
  • the nature and description of the error in the PPBoR;
  • the accurate information (i.e., related to the plan, profile or book of reference); and
  • confirmation that, pursuant to s. 208(3), copies of the permit will be provided to the offices of the registrars or appropriate land title offices.

Guidance

S. 208 of the CER Act provides a company with the means to correct an omission, misstatement or error in its registered PPBoR.

Pursuant to s. 208(2) of the CER Act, the Commission may, at its discretion, issue a permit setting out the nature of the omission, misstatement or error and the correction allowed.

S. 208(3) of the CER Act provides that the permit and supporting documentation are considered to be corrected once registered at the appropriate land titles office.

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