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

closing and returning your application with written notification of the reason. The ERCB is
prepared to correct small errors in the submitted information, as long as applicants show
improvement in submitting better-quality applications.
Note that if the ERCB returns a severely deficient and incomplete application that you filed
in response to an ERCB request, such as for improvement in recovery or operational
performance, you will be subject to any consequences or penalties previously identified at the
time of the request.
Step 4:
Application Evaluation
This directive identifies some circumstances that may reduce application requirements and, in
turn, result in a faster decision on the application. You may want to consider the long-term
benefits of creating some of these circumstances, such as equity agreements and poolwide
plans, before you file a competitive, partial pool application.
The evaluation of your application may also be expedited if your definition of the pool extent
is consistent with the ERCB’s pool designation or you provide a discussion on any variances.
Resolving significant differences, such as pool delineation, once the application is filed could
add considerable time to the application process and raise issues that are better dealt with
beforehand.
When evaluating an application, the ERCB reviews a pool’s unique features, if any, to assess
whether additional information, analysis, or consultation beyond what is identified in the
directive is required. As explained in the Resources Applications Notification Guidelines and
individual units of this guide, in those cases where the applicant has chosen to conduct
notification the ERCB will require submission of documentation describing your notification
program. The ERCB will review this evidence, especially the written notice or other
correspondence, showing that you have contacted all potentially affected parties and provided
them with a fair opportunity to learn about your planned application and to submit their views
to you and the ERCB. Signed letters of nonobjection are preferred in this regard, but the
ERCB will also consider other evidence and explanations of your efforts to address
notification within a reasonable time period.
Objections/Dispute Resolution
The ERCB expects applicants to conscientiously address all relevant concerns raised by
potentially adversely affected parties. Should disputes arise, the ERCB expects the parties to
discuss the issues and options for resolution, including the use of third-party mediators.
ERCB staff, if requested, can assist in explaining ERCB rules and in facilitation.
If you conclude that further discussion is unlikely to resolve issues, you should inform the
ERCB, outlining concerns, steps you have taken to resolve problems, and your recommended
course of action. Note that outstanding objections can result in an ERCB hearing. Should a
hearing be called, both you and the intervener might be asked to file additional substantiating
evidence. Matters of confidentiality and disclosure should be addressed and determined by
the parties prior to submission of the evidence.
Documented Decisions/Compliance
ERCB decisions on the resource applications listed in this directive are issued in written
format and generally include a letter and either a formal site-specific approval or a regional or
provincial order.
ERCB requirements for resource activities covered by Directive 065 are set out in the Oil and
8 • ERCB Directive 065: Resources Applications / How to Use This Directive (October 2011)