Directive 065 - Energy Resources Conservation Board

Resources Applications Notification Guidelines
When to Notify
Whom to Notify
Effective notification and consultation programs are critical not only to ensure an efficient
regulatory process but to promote long-term relationships. The ERCB prefers, and requires
for some resource application types, that both industry and public (where required)
notification be completed prior to the filing of the applications.
Minimum notification requirements for specific types of resources applications are included
in Tables 1 and 2 of this section. In addition to meeting the minimum notification
requirements, the ERCB expects you to review your situation and consider whether there are
potentially directly and adversely affected parties outside the minimum notification areas and,
if so, also provide notification to these parties.
In some cases, the ERCB requires notification for informational purposes only. This type of
notification provides information regarding a potential development to support, promote, and
encourage early and ongoing discussions between persons.
How to Conduct Notification
Notification is the first step in providing information and is usually conducted through
written correspondence, while consultation must occur face to face or by telephone. Early,
proactive notification programs are more likely to result in positive relationships.
To this end, the ERCB believes that newspaper advertisement does not meet these objectives
and should only be used to supplement direct notification in extenuating circumstances. If
you know there will be contentious or complex issues respecting a resources application,
personal consultation may be preferable as a first step rather than notification. Notification
programs that do not provide for direct notice to a person should be discussed with the ERCB
prior to conducting the program.
You should provide notification of a proposed application by means of a letter that includes
adequate information to allow persons to understand the proposed development and the
impact it may have on them. Formats for notification letters are included in Appendix B (for
well spacing notification templates, see Appendix J). Notification must take into
consideration whether the person being notified is an oil and gas company, a Freehold
mineral owner, or a landowner or occupant. You must include applicant contact information
in the notification letter, as well as directions about what action persons should take if there is
a concern. In all cases, persons should be directed to submit any concerns directly to the
applicant, not to the ERCB.
In providing notification, you must take possible delays in delivery of the notification
package into consideration. Each person notified must be given a minimum of 15 working
days from the date the letter is mailed to respond. A signed letter of consent or nonobjection
to the proposal is not required. However, it should be clear in the letter that if the person
notified does not respond to the notification package, filing (if not filed) and processing of
the application with the ERCB will proceed without further contact.
ERCB Directive 065: Resources Applications / Notification Guidelines (March 2012) • 17