Chapter 11: Compliance and Landowner Complaints
For the entire life of a project, landowners are welcome to contact the NEB if they have concerns or issues to address or even to make a request for information. Landowners may choose to contact the NEB by telephone, e-mail, fax or mail. Full contact information for the NEB can be found in Appendix C: The Steps in Constructing a Pipeline.
- How does the NEB monitor the construction and operation of a pipeline?
- What happens if an inspector finds a problem?
- What other activities are possible after the pipeline is constructed?
- What is the Landowner Complaint Process?
- What types of Landowner Complaints does the NEB usually deal with?
- Do you have templates I can follow?
- How do I contact the NEB to make a Landowner Complaint?
The NEB can monitor the construction and operation of the pipeline in several ways. One way is through field inspections carried out by NEB Inspection Officers and specialized staff who monitor the company's activities to make sure it is meeting the conditions that the NEB has set. Inspections may happen on a set schedule or occur as a result of a complaint or issue. Environmental inspections may be done to ensure the proper reclamation techniques have been applied and the land has been restored to its original state. Sometimes this occurs in response to a formal request from the landowner. The NEB's Landowner Complaint Process can be used once a project is in the construction or operation phase.
If an Inspection Officer finds that a condition is not being followed or there is a situation that needs to be addressed for safety or environmental reasons, he or she may try to resolve the problem in one of three ways:
- address the issue by talking with the company;
- request an Assurance of Voluntary Compliance (AVC) - an AVC is a written commitment from the company to the Inspection Officer that the company will correct the non-compliance problem within a given period of time; or
- issue an order to the company or any person(s) involved with the pipeline either to stop work or take specific actions.
Anytime after a pipeline is built, the company may decide to make additions or modifications to the pipeline. For example, the company may want to build an additional pipeline in the same right-of-way, add more pumps or compressors along the route, or put an additional right-of-way beside the first. The company may also want to sell the pipeline to another company. All of these activities require NEB approval. The company may also be required to negotiate with the landowners for any additional land rights it may need for the project. For more information, please see Chapter 3: Other Projects.
A formal complaint from a landowner must be received by the NEB in writing and the company will be contacted for follow-up. Generally, complaints are dealt with on a case-by-case basis. The NEB facilitates discussion on ways to resolve the issue or may order an inspection if it is related to compliance with a condition of approval. If parties fail to come to an agreement, the NEB can be asked to intervene by way of a written request to resolve the problem. It is possible that further processes may occur to settle landowner complaint disputes.
The NEB receives a variety of complaints with respect to reclamation, crop damage, water drainage, noise, damage caused by construction, concerns with representatives from the company or other organizations, and so on. Compensation issues will be referred to the NRCan process (see Chapter 7: Compensation for Land Use).
Do you have templates I can follow?
LANDOWNER COMPLAINT PROCESS
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Landowner Complaint Process
Complain may be resolved at any stage in the process
- NEB receives Complailnt Informally
- NEB determines if Complaint is under its jurisdiction
- Complaint formally submitted (in writing)
- Tools to Settle Dispute
- Informal - ADR - site visit
- Formal - condition compliance - inspections
- Board Determination - formal Decision or other recommendation
- Complaint Resolved
How do I contact the NEB to make a Landowner Complaint?
To initiate a Landowner Complaint or for Land Matters questions, please contact the Board:
National Energy Board
Suite 210, 517 Tenth Avenue SW
Calgary, Alberta T2R 0A8
Telphone - Toll Free: 1-800-899-1265
Fax: 403 292-5503
Fax - Toll Free: 1-877-288-8803
A lot of information can be found on the NEB's website at:
You can also access our online contact form
by going to "Land Matters"
and then selecting "Contact the NEB".
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