1 - Toronto and Region Conservation Authority

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There are typically three ways that individuals or groups may participate in a hearing:• Write a letter of comment: This method is chosen by interested parties who want toshare their views on a project but not formally participate in a hearing. Letters ofcomment will be taken into consideration during the hearing process. They will not beconsidered sworn evidence and are not subject to questioning. As a result, letters ofcomment may not be given the same weight as sworn evidence in a hearing, althoughthe weight of the letters depends on a number of factors, including the content.• Make an oral statement: Similar to the option to write a letter, this method is chosen byinterested parties who want to share their views but are not considered to beintervenors.• Become an intervenor: An intervenor is someone who has an interest in a proposedproject and would like to formally participate in the hearing, including landowners, arearesidents, government agencies, Aboriginal groups, companies, or any other individualor group. Being an intervenor has financial implications including evidence preparation,legal fees, travel and accommodations, and hiring of expert witnesses to testify, ifnecessary. Intervenors may present evidence, question other witnesses and give finalarguments during the written and oral portions of the hearing. Intervenors can also bequestioned on any evidence they present.The NEB has a Participant Funding Program to support public participation. Eligible recipientsinclude individuals, Aboriginal groups, landowners, incorporated non-industry not-for-profitorganizations, or other interest groups who seek to intervene in the public review process forprojects in which they have a meaningful interest. As noted, the NEB advised that there will notbe an oral evidence portion of the hearing, but only written evidence and oral final argument.Accordingly, it is likely the only two methods of participating in the hearing will be writing a letterof comment or becoming an intervenor. To date, staff has not filed notice of its interest inparticipating in the hearing as the Application to Participate has not been released by the NEB.Staff has advised of its interest, and requested notice be given when the application is available.Staff is prepared to review the Application to Participate when hearing details are released bythe NEB, seek legal advice, seek direction from the Authority or the CEO/Chair as appropriatedepending on timing, and file the necessary paperwork for either intervenor status or a lettersubmission. Staff interests will include both TRCA watershed and environmental matters, aswell as with respect to its interests as a major watershed-wide landowner in the vicinity of, andimmediately downstream of, the Project. The NEB has advised that Participant Funding will bemade available for this proceeding. TRCA will review information on the Participant FundingProgram once it has been made available and if eligible, make the appropriate application.The details of hearing process will be more completely defined in a hearing order to be issuedby the NEB in early 2013. The Board anticipates that its assessment process for the applicationwill include the following steps:1. Hearing Order Issued by the NEB, including a List of Issues2. Public Comments on the List of Issues3. Amendments to List of Issues, if any4. Applications to Participate5. List of Participants released by NEB6. Additional Written Evidence submitted by Enbridge7. Two rounds of Information Requests to Enbridge from the Intervenors8. Second round used to clarify responses from first round, if necessary9. Intervenor Written Evidence36
10.11.12.13.14.Letters of Comment by Interested PartiesInformation Requests from Enbridge to IntervenorsEnbridge’s Reply Evidence submittedOral Final ArgumentBoard Decision (80% of Reasons for Decision are completed by the Board within 12weeks following a public hearing)TRCA staff will:1. Liaise with the staff of the cities of Toronto and Hamilton to identify common issues andareas of concern.2. In consultation with legal counsel, identify the appropriate level of participation, liaise withthe Authority or the CEO and Chair, depending on timing, and complete the application toparticipate at the appropriate time.3. Seek Participant Funding through the NEB's Participant Funding Program, if eligible, oncethe guidelines have been released.4. Continue to work with Enbridge in the implementation if its Integrity Dig Program, includingthe issuance of permits for investigative, maintenance, and repair works within TRCA'sregulated area and TRCA-owned lands.5. Consult with Environment Canada and the Ontario Ministry of the Environment regardingtheir positions and responsibilities in terms of the NEB hearing, as well as projectimplementation.FINANCIAL DETAILS1. Permitting fees as per the TRCA fee schedule are charged for Ontario Regulation 166/06applications related to the Integrity Dig Program.2. Research, writing and meetings related to two board reports, November and January 2013-approximately $5,000 in staff time has been supported through the Planning andDevelopment operating budget.3. Legal fees associated with determining appropriate level of participant action, once theboard guidelines are released are estimated at $5,000 which would be covered by thePlanning and Development operating budget.4. Approximate cost if TRCA chose to participate in the hearing through a letter submission,costs related to the staff time required to prepare the letter would be approximately $5,000to be covered by the Planning and Development operating budget.5. Approximate cost if TRCA chose to participate in the hearing as an intervenor areanticipated to be between $50,000 and $100,000, including:• legal preparation and representation TRCA at the hearing - $25,000 to $50,000;• expert testimony - $10,000 to $25,000;• travel and accommodations if the hearing is in Ottawa or Montreal - $5,000 (the hearingmay be held locally; this has not yet determined);• staff time associated with preparatory materials and meetings - $10,000 to $20,000.37
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1 - Toronto and Region Conservation Authority

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