Directive 065: Resources Applications for Oil and Gas Reservoirs ...

Consequences of Incomplete Notification
Generally, ERCB staff follow the requirements of each application unit to determine whether
a notification program meets the requirements of Section 26 of the Energy Resources
Conservation Act (ERCA). This section requires the ERCB to ensure that all potentially
directly and adversely affected persons are given notice of an application and have a
reasonable opportunity to make representations to the ERCB regarding the application.
For some application types, the ERCB requires that you provide a description of your
notification program and documented evidence of the results in your application, including a
list of the persons notified and a copy of the notification letter.
The ERCB will review your notification information to ensure that you have met the
requirements in this directive. Should it be determined that inadequate notification was
provided or that not all potentially directly and adversely affected persons were notified, the
application in most cases will be closed.
If an application has been approved, an affected person who was not notified may file an
application for review under Section 39 or 40 of the ERCA requesting that the approval be
reviewed. If the ERCB grants the review application, a hearing will be scheduled. The
approval may be suspended pending the outcome of the review.
Responding to Concerns Raised During the Notification Process
The ERCB expects applicants to engage in meaningful discussions with any person who has
raised concerns or has questions respecting a proposed application. It is expected that
applicants will make substantial efforts to resolve the matter prior to filing and during the
review of a resources application, including use of third-party mediators, as discussed in the
ERCB’s Appropriate Dispute Resolution (ADR) program described in ERCB Informational
Letter (IL) 2001-01.
If an applicant has made no attempt to respond to a person who has expressed concerns or is
seeking understanding or answers to questions, the application, in most cases, will be closed.
The ERCB recognizes that discussions may come to an impasse or that a person who has
expressed concerns may decline to participate in the ADR process. Additionally, in some
cases, a company may be of the view that the objection is not relevant to the issues of the
application and that beyond initial efforts it should not be required to attempt to resolve the
issue. In these cases, the company may proceed to file its application (if not filed) and to
include the letter(s) objecting to the proposal, its response to the objection(s), and a
discussion of its view of how the ERCB should proceed with the application.
16 • ERCB Directive 065: Resources Applications / Notification Guidelines (October 2011)