Energy Resources Conservation Board - ERCB Hearings

ERCB Hearings

An ERCB hearing is a formal process that provides an important opportunity for different points of view about an energy project to be aired in a fair and orderly forum. A hearing allows for an open, public testing of technical, environmental, social, and economic evidence from those involved. The process ensures that all relevant arguments for and against the energy facility project are heard.

ERCB hearings are held when the ERCB receives an objection from a person who may be directly and adversely affected by a proposed project. Applications filed may create community concern or a need for more information; however, these matters are often settled through an Appropriate Dispute Resolution (ADR) process. When matters are settled through ADR or there are no public concerns and objections, there is no need for a hearing. The Board will also dismiss objections if the person does not appear to be directly or adversely affected.

The ERCB mails a Notice of Hearing to inform people and organizations affected by an application about the hearing. The Notice of Hearing may be published in daily and/or weekly newspapers.

Hearing notices are available on the ERCB Web site. Companies involved in large projects usually hold an open house to explain their proposed project, answer citizens’ questions, and address the community’s concerns.

The Notice of Hearing provides interested parties with the following information:

• date, time, and location of the hearing,
• application number and nature of the application,
• a contact for the company that filed the application,
• ERCB information,
• the due date for filing objections or interventions, and
• a statement that all material relating to the proceeding is subject to Alberta’s Freedom of Information and Protection of Privacy legislation.

An ERCB hearing follows a formal process to ensure that everyone has a say:

• Opening Remarks: The panel chair explains the purpose of the hearing and introduces the members of the panel and all ERCB staff in the room. Then participants in the hearing register an appearance, coming forward and introducing themselves.
• Preliminary Matters: Procedural and legal matters are presented, such as adjournment requests or the scheduling of a specific witness at a particular time.
• Applicant (Application): The applicant presents its case and may question its own witnesses. Then interveners, ERCB staff, and the Board panel may cross-examine those witnesses. Once cross-examinations are complete, the applicant may question the witnesses again to clarify any issues that arose.
• Interveners: Interveners next present their cases in the same order they registered. After the intervener gives direct evidence, the lawyer for the applicant may cross-examine, followed by the other interveners who wish to cross-examine. ERCB staff and panel members may then cross-examine the intervener. Following cross-examination, the intervener is entitled to clarify any matters that arose.
• Rebuttal Evidence by Applicant: Once the above process is complete with all the interveners and their witnesses, the applicant may submit additional evidence to address new points raised by interveners' evidence.
• Final Argument or Summation: Each participant may provide an explanation of what he or she believes are the important aspects of the issues involved and what decisions they feel the panel should make. The applicant may respond to interveners' arguments.
• Closing of Hearing: The panel chair announces the hearing is completed and that the decision of the panel and the reasons for it will be given at a later date.