Information on standard hearing steps and procedures for section 183 applications

1. Introduction

The Canada Energy Regulator (CER) is responsible for regulating the construction and operation of interprovincial and international pipelines. For applications filed under section 183 of the Canadian Energy Regulator Act (CER Act), a three-member panel of the Commission of the CER assesses the application and makes a recommendation to the Governor in Council as to whether the project should proceed and under what conditions. The Commission must submit a report containing its recommendation to the Minister of Energy and Natural Resources no later than the established time limit communicated in the Commission’s completeness determination for the application. The Commission may also make certain decisions associated with the project.

After considering the Commission’s report, the Governor in Council decides whether to direct the Commission to issue a certificate authorizing construction and operation of the project. Section 186 of the CER Act includes the process and time limit for the steps taken by the Governor in Council once the Commission submits its report.

2. Factors to be considered

Subsection 183(2) of the CER Act requires the Commission to take into account certain specified factors, in addition to all considerations that appear to it to be relevant and directly related to the pipeline, when making its recommendation on a project. As outlined in the Commission Practices on Section 183 Applications (CER Act) document, the Commission will now use a standardized list of factors to be considered for its hearings, as set out in subsection 183(2) of the CER Act and listed in Appendix 1.

3. Hearing record

The hearing record consists of the documents that participants file for the Commission’s consideration in that hearing, including the application, written evidence, Indigenous knowledge, responses to information requests, letters of comment, and argument. It also includes any oral session transcripts. The hearing record is closed after the applicant provides its reply argument. After that point, no further evidence or submissions will be accepted.

The Commission relies solely on the hearing record in making its recommendation and any decisions on a project. For each project, the entire hearing record can be found online in the CER’s public registry (known as REGDOCs). The project-specific Hearing Order will include a link to that project’s dedicated folder.

4. Participation

Anyone may observe and follow the public hearing by monitoring hearing participants’ filings, the Commission’s correspondence, and any transcripts as they are posted on REGDOCS.

Beyond observing, there are two ways to participate in a hearing – as either an intervenor or a commenter – each of which is described below. The intervenors and the applicant are considered parties to the hearing. Together, the parties and commenters are referred to as the participants in the hearing.

The Commission will issue a List of Parties for each hearing, which will provide contact information for the applicant and everyone the Commission has accepted as an intervenor. The hearing’s List of Parties may be updated online from time to time to reflect new or updated representatives or contact information.

The CER’s Crown Consultation Coordinator (CCC) may also participate in the hearing. The project-specific Hearing Order will provide further details on the CCC’s participation and parties’ opportunities to interact with the CCC and its submissions.

Participants may participate in the hearing in the official language of their choice (English or French). If there are both English and French parties participating in any oral sessions, the CER will provide simultaneous interpretation. In their registrations to participate, intervenors are asked to identify their preferred official language.

4.1 Intervenors

Intervenors must register by the deadline established for the hearing and must justify their participation to be granted that status by the Commission. For additional information, see the How to participate as an Intervenor webpage in the Participant Toolbox.

Intervenors may participate in standard hearing steps by:

• filing written evidence;
• providing oral Indigenous knowledge (Indigenous Peoples only);
• asking written questions (known as information requests or IRs) about filings made by the applicant or other intervenors that are adverse in interest;
• commenting on potential conditions;
• filing and/or commenting on motions; and
• providing argument.

The Commission panel assigned to assess a project may establish additional hearing steps, including workshops and/or oral cross-examination. Intervenors may also participate in these steps, if held.

Intervenors must answer questions asked about the evidence they file. They will also receive notifications when documents are filed and issued on the hearing record. An intervenor may withdraw from the hearing at any time by filing a letter on the record, with no explanation required.

4.2 Commenters

Anyone who is not participating as an intervenor may file one letter of comment by the deadline established in the project-specific Hearing Order, without having to register. For additional information, see the Letter of Comment webpage in the Participant Toolbox.

A commenter cannot ask questions about any filings on the hearing record. Typically, they also cannot be asked questions about their letter of comment. Commenters cannot provide argument and they will not be notified when documents are issued or filed on the hearing record. Commenters must monitor REGDOCS to remain aware of new filings.

5. Participant funding

Participant funding may be available to facilitate the participation of eligible intervenors and Indigenous Peoples on the Crown List. The CER’s Participant Funding Program is administered independently of the Commission and the CCC. More information on the Participant Funding Program is found on the CER’s website.

6. Information on standard hearing steps

Any person may raise a matter for Commission decision during the course of a hearing. To do so, the person must bring a Notice of Motion. As examples, a person must file a motion if they wish to request a change to a process step deadline, or assert that the applicant’s reply evidence is improper. Motions should be filed as soon as the person is aware of the issue. The Commission may deny motions that are not filed on a timely basis. See section 35 of the National Energy Board Rules of Practice and Procedure, 1995^{Footnote 5} for further information.  

6.1 Information requests (IRs)

The parties will have at least one opportunity to ask IRs about each other’s filings. A party can only ask an IR of another party if they are adverse in interest (that is, if they have a contrary or different view on a particular issue or topic, or on the project generally). IRs must:

• relate to the evidence or filing of the party being asked the IR;
• relate to one or more of the factors to be considered identified in Appendix 1; and
• be reasonable, as the Commission will not compel a party to respond to an IR that amounts to a “fishing expedition” that could unfairly burden them.

Any party that files evidence must respond to IRs asked of them about that evidence, provided the IRs meet the above criteria. The Commission may give less importance (or weight) to a party’s evidence if they refuse to answer questions about those filings without a valid reason.

In preparing IRs, parties should consult the IR template found here. If using a different format, the information set out in the template must still be included.

The Commission does not always hold oral cross-examination in its hearings. If held, time constraints may be imposed to ensure that all parties can be accommodated. For this reason, parties should seek all information they need in the hearing through written IRs, instead of deferring questions to oral cross-examination.

6.2 Intervenor evidence

Evidence is used to support a party’s position in relation to the factors being considered (set out in Appendix 1). Intervenor evidence can include reports, studies, photographs, drawings, as well as their knowledge of the lands, the issues being considered, and potential impacts of the project. Evidence may also include an intervenor’s views in relation to the applicant’s evidence.

Indigenous Peoples may choose to include in their evidence any Indigenous-led assessments or studies. The Commission encourages Indigenous Peoples to file completed Indigenous-led assessments or studies by the deadline for filing intervenor evidence. If Indigenous Peoples intend to file any Indigenous-led assessments or studies after this deadline, they must file a request to do so before the deadline. The Commission will decide on any such requests.

6.3 Oral Indigenous knowledge

Consistent with subsection 183(2) of the CER Act, the Commission’s recommendation must take into account all considerations that it considers to be relevant and directly related to a project “in light of, among other things, any Indigenous knowledge that has been provided to the Commission and scientific information and data.”

Indigenous Peoples are best placed to decide what knowledge and information to share with the Commission about their rights and interests in a project’s area and concerns they have about a project. The Commission considers this knowledge and information in its assessment of a project, including to help it to better understand how a project will affect the rights and interests of Indigenous Peoples.

The Commission recognizes that communities of Indigenous Peoples share their knowledge and history through an oral tradition passed down from generation to generation. Sharing oral Indigenous knowledge is one step in the hearing process, but it is not the only way for the Commission to gather evidence on Indigenous Peoples’ concerns about a project. Where Elders or Knowledge Keepers want to share Indigenous knowledge on a project orally, they will be required to file a notice of intent to do so. A notice of intent form can be found here. The form requests information that will assist the Commission in determining how it will receive oral Indigenous knowledge (e.g. in-person or virtual oral Indigenous knowledge sessions, or through audio or video recordings). The method of receiving the knowledge will depend on the specifics of the project, as well as Indigenous Peoples’ interests.

6.4 Potential conditions

The Commission will issue potential conditions for comment. Issuing potential conditions does not mean that the Commission will recommend the issuance of a certificate for a project. Regardless of its recommendation, the Commission is required under paragraph 183(1)(b) of the CER Act to include in its report all the conditions that it considers necessary or in the public interest if the Governor in Council were to direct that a certificate be issued.

Parties may provide written comments on the Commission’s potential conditions. They may also propose new conditions for the Commission to consider. Comments on conditions may be received in argument, or the project-specific Hearing Order may establish specific steps for this purpose.

6.5 Oral cross-examination

The Commission may reserve time in the hearing schedule, after the applicant files reply evidence, for oral cross-examination. The CER’s head office in Calgary is always considered a possible venue.

If held, oral cross-examination allows parties to ask each other oral questions about their filings to supplement questions asked in writing through IRs. The requirements and guidance described in Section 6.1 about asking and replying to IRs apply equally to oral cross-examination. Also see that section for information on the expected use of written IRs by all parties. The opportunity for oral cross-examination is not intended for parties to surprise one another with questions that could have been raised earlier through IRs or to afford questioning opportunities for parties that did not participate in earlier IR steps.

6.6 Argument

Argument is the final opportunity for parties to present their positions on a project and to raise any legal arguments or issues that the Commission ought to consider in making its decisions and recommendation.

Argument allows the parties to:

• summarize their views and opinions about a project;
• make submissions about the relevance and weight of any evidence on the hearing record;
• persuade the Commission to recommend whether a project should proceed or be denied and, in either case, under what conditions;
• reply to one another’s argument; and
• describe any relief they may be requesting from the Commission.

To support their position, a party providing argument can refer to submissions – of any participant – that are already on the hearing record (e.g., evidence, oral Indigenous knowledge, IR responses, letters of comment). New evidence cannot be provided in argument and a party cannot ask questions about another party’s argument.

If a party refers to and relies upon case law or other legal authorities, they must file a book of authorities at the time they provide their argument. In their books of authorities, parties should highlight the specific passages upon which they are relying.

The project-specific Hearing Order will provide more details on argument, including its format(s).

7. Procedures

7.1 Preparing documents

Any document filed in the hearing must be in PDF format, with all pages numbered consecutively. All filed document(s) must refer to the file and hearing numbers identified in the project-specific Hearing Order. All filings must be addressed to the Secretary of the Commission at:

• Secretary of Commission
  Canada Energy Regulator
  Suite 210, 517 10 Avenue SW
  Calgary, AB  T2R 0A8

The Commission may remove from the record (i.e., not consider) filings where the Secretary of the Commission is not an addressee but is only copied (cc’d). This includes, for example, communications between parties that are not part of an established process step, or correspondence directed at other government departments.

If referring to information from a website, do not simply provide the website link because links may change or break over time, and the record of that information may be lost. Instead, provide a copy of the actual information being referred to and the date it was taken from the website.

7.2 Filing and serving documents

Where applicable, intervenors should make all filings through the Participation Portal (the same system through which they registered to participate). If an intervenor has trouble making a filing through the Participation Portal, they may use the e-filing system. The applicant must use the e-filing system for their filings. Each system provides step-by-step filing instructions.

Please note that emailing documents to the CER or its staff is not an accepted filing method.

The parties must serve (i.e., notify) each other when making their respective filings. For intervenors making filings through the Participation Portal, that system automatically serves all other intervenors and the applicant, which satisfies the service requirements set out in the National Energy Board Rules of Practice and Procedure, 1995 (Rules). A party using the e-filing system is responsible for serving the other parties with their filings. Email can be used for this purpose.

If a document cannot be scanned into PDF format (i.e., if it is physically too large), it can be faxed (to 1-877-288-8803), mailed, couriered, or hand-delivered to the CER. The CER’s address is included in Section 7.1. The filer must also send a copy to the other parties via one of these means. Once the CER receives the filing, an electronic placeholder will be placed in REGDOCS indicating that the document was filed in hard copy only.

7.3 Curricula vitae for experts

An expert is a person who, through education or experience, can provide specialized scientific, technical, or other information, including their opinions about the evidence or facts at issue. If a party files evidence prepared by an expert, the Commission requires that party to also file that expert’s Curriculum vitae (CV),which is a summary of their credentials, the scope of their expertise, and information about whether they have been previously qualified as an expert by a court or tribunal. A CV is not required for individuals who have prepared evidence that does not constitute expert evidence (i.e., evidence based on an individual’s own observations, involvement, or knowledge of the underlying facts or information).

Filing an expert’s CV allows the Commission and parties to understand that expert’s capability to provide specialized knowledge about the topics for which they are providing evidence. Parties may question other parties on their experts’ qualifications through IRs or oral cross-examination, if held. Parties may also present arguments about the weight that the Commission should give to a particular expert’s evidence. The Commission may assign less weight to an expert’s evidence if the expert’s CV is not filed or if the expert’s qualifications to provide the specific evidence are not substantiated.

The appropriate CV(s) should be filed with a party’s written evidence. Parties must clearly identify the specific evidence to which each CV relates (e.g., by identifying the Filing ID and/or specific pages or sections in a document).

7.4 Adopting evidence

Pursuant to subsection 36(2) of the Rules, all written evidence filed with the Commission in a proceeding (including IR responses) must be adopted or confirmed by the party that filed it. As set out below, the process for adopting evidence differs depending on whether a party and its witnesses will appear for oral cross-examination (if held). If a party does not adopt its evidence, the Commission may assign less weight to that evidence.

If there is no oral cross-examination or a party and its witnesses will not appear for oral cross-examination, their evidence must be adopted by affidavit before the hearing record closes. A party may file its signed affidavits with or after its evidence filing(s). Sample affidavits can be found here.

If oral cross-examination is held and a party and its witnesses appear, their evidence may be adopted at the oral session. Witnesses will be asked to either swear or affirm that their written evidence was prepared by them, or under their direction or control, and is accurate to the best of their knowledge and belief. If witnesses prefer to be sworn in, they will be asked to place their hand on an item of faith. If witnesses prefer to swear on a sacred item other than a Bible, they will need to bring that item.

To expedite the process of adopting evidence orally, the Commission will ask parties to file a letter listing the documents that each witness adopts. The deadline for this step will be set out in the project-specific Hearing Order. Typically, it will be the last Friday before oral cross-examination begins.

7.5 What if a deadline cannot be met?

For each deadline, unless directed otherwise, the Commission must receive documents by 4:00 pm Calgary time.

Late filings may not be accepted if the Commission’s permission is not received in advance. If a party cannot meet a deadline, they must file a notice of motion (see Section 7.6) requesting an extension. The Commission may seek comments on the motion before deciding on it. For this reason, these motions must be filed sufficiently in advance of the relevant deadline, having regard for the length of the extension request and its potential to impact other parties. Any such request must include:

• the reason why the deadline cannot be met;
• the value the filing will hold;
• the filer’s views as to whether the other parties could be disadvantaged or prejudiced due to the late filing; and
• any other relevant information that the filer wants the Commission to consider.

7.6 Notices of motion

If a party wants to ask the Commission to do something, they must file a request in the form of a notice of motion. For example, a motion may ask the Commission to make a change to the hearing process or to accept a late filing. In any case, notices of motion must be filed as soon as possible so as not to disrupt the hearing schedule. If a notice of motion is not filed in a timely way, the Commission may decide to deny it.

Section 35 of the Rules outlines the requirements for a notice of motion. Parties have an opportunity to respond to a motion and the moving party can reply. While the Rules establish deadlines for these comments, the Commission may vary them through a letter in the hearing.

If a party is relying on case law or other legal authorities in support of their motion, they must file a book of authorities and highlight the specific passages upon which they are relying.

7.7 Confidential filings

All filings will appear publicly on REGDOCs, unless the Commission grants confidential treatment of the filing under section 60 or 61 of the CER Act, or the information is Indigenous knowledge that is provided confidentially under section 58 of the CER Act.

A party filing a confidentiality request under section 60 or 61 of the CER Act should consult Section 1.5 of the Filing Manual, which explains the requirements for such a request and important steps to ensure that potentially confidential information does not appear publicly while the Commission considers the request. To inform the Commission’s decision on a request for confidentiality, the filing party must provide the CER with the unredacted information subject to the request.

In accordance with section 58 of the CER Act, the Commission will not disclose any Indigenous knowledge that is provided in confidence, unless the information is publicly available or the disclosure is necessary for the purposes of procedural fairness and natural justice (or for use in legal proceedings). In advance of receiving oral Indigenous knowledge, Indigenous Peoples should inform the Commission or CER staff if presenting Elders and Knowledge Keepers will share any confidential oral Indigenous knowledge. If it is necessary for the Commission to share confidential information in its report to the Governor in Council, consent will be sought in advance. See the CER’s website for more information.

8. Process support

The CER’s Process Advisors can provide information on the hearing process and assistance to help participate effectively. The role of a Process Advisor is fully described on the CER’s website . The project-specific Hearing Order will include information on how to contact the Process Advisors for that hearing.

Appendix 1: Factors to be considered

Subsection 183(2) of the CER Act states the following:

• The Commission must make its recommendation taking into account – in light of, among other things, any Indigenous knowledge that has been provided to the Commission and scientific information and data – all considerations that appear to it to be relevant and directly related to the pipeline, including
1. the environmental effects, including any cumulative environmental effects;
2. the safety and security of persons and the protection of property and the environment;
3. the health, social and economic effects, including with respect to the intersection of sex and gender with other identity factors;
4. the interests and concerns of the Indigenous peoples of Canada, including with respect to their current use of lands and resources for traditional purposes;
5. the effects on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982;
6. the availability of oil, gas or any other commodity to the pipeline;
7. the existence of actual or potential markets;
8. the economic feasibility of the pipeline;
9. the financial resources, financial responsibility and financial structure of the applicant, the methods of financing the pipeline and the extent to which Canadians will have an opportunity to participate in the financing, engineering and construction of the pipeline;
10. the extent to which the effects of the pipeline hinder or contribute to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change;
11. any relevant assessment referred to in section 92, 93 or 95 of the Impact Assessment Act; and
12. any public interest that the Commission considers may be affected by the issuance of the certificate or the dismissal of the application.

Date modified:

2026-06-24