Funding for Eligible Interveners Regulation (Alta. Reg. 278/91)

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AR 278/91 Funding for Eligible Interveners (no amdts) ALBERTA REGULATION 278/91 Natural Resources Conservation Board Act FUNDING FOR ELIGIBLE INTERVENERS REGULATION Table of Contents Definitions 1 Claim for Costs Claim for costs 2 Comments respecting claim 3 Award or denial of claim 4 Review of Claim for Costs Review of Board decision 5 Comments respecting review 6 Decisions on review 7 Advance Funding Advance funding 8 Comments respecting advance funding 9 Award or denial of request for advance funding 10 Conditions of advance funding 11 General Provisions Calculation of costs 12 Service 13 Funding related to inquiries and investigations 14 Extension or abridgement of time 15 Definitions 1 In this Regulation, (a) "Act" means the Natural Resources Conservation Board Act; (b) "applicant" means a person who has applied for an approval of a reviewable project; (c) "eligible intervener" means an intervener who, in the opinion of the Board, is or may be directly affected by a reviewable project; (d) "intervener" means, (i) when used in connection with proceedings commenced by an application to the Board, an individual or group of individuals, other than the applicant or the Board, who presents an intervention, and (ii) when used in connection with an inquiry or investigation commenced other than by an application to the Board, an individual or group of individuals who presents an intervention; (e) "proceeding" means the process for consideration by the Board of an application for approval of a reviewable project, including any public hearing to review the application and any meetings held by the Board in place of, or preparatory to, a public hearing. AR 278/91 s1 CLAIM FOR COSTS Claim for costs 2(1) An intervener who claims to be an eligible intervener may make a claim to the Board for an award in respect of costs that are reasonable and are directly and necessarily related to the preparation and presentation of Alberta Queen's Printer file:///D/HTML/al37634.htm[14.01.2025 19:17:18] the intervener's submission. (2) A claim must be made to the Board and a copy provided to the applicant (a) within 30 days after the final day of the public hearing in any proceeding in which a public hearing is held, or (b) within 30 days after the Board gives notice that a proceeding is closed in any proceeding that does not include a public hearing. (3) A claim made under subsection (1) shall (a) be set out in the form provided by the Board, and (b) clearly set out the following: (i) the name of the intervener, and where the intervener is a group, the names of the directors and officers of the group but if the group does not have any directors and officers then the names of each member of the group; (ii) the mailing address for the intervener and the address for the intervener's representative, if any; (iii) the proceeding in which the intervener's submission was presented; (iv) a description of how the intervener is or may be directly affected by the proposed project; (v) details of the costs, including receipts, invoices, statements, or other documents that are evidence of the expense incurred; (vi) the extent to which the intervener undertook the preparation and presentation of the intervener's submission; (vii) such other information as the Board considers relevant. AR 278/91 s2 Comments respecting claim 3(1) Within 14 days of the receipt of a claim, the applicant shall provide to the Board and the intervener any comments the applicant may have respecting the claim. (2) Within 14 days of the receipt of the applicant's comments, the intervener shall provide to the Board and the applicant any reply the intervener may have respecting the comments of the applicant. (3) The Board may request the intervener to appear before the Board for the purpose of considering the intervener's claim of status as an eligible intervener or the intervener's claim for costs, or both, and the applicant shall have the opportunity to question the intervener in regard to any or both of the intervener's claims. AR 278/91 s3 Award or denial of claim 4(1) If the Board makes a determination that the intervener is an eligible intervener, the Board may make an award of costs to the eligible intervener in respect of costs that, in the Board's opinion, are reasonable and are directly and necessarily related to the preparation and presentation of the eligible intervener's submission. (2) The Board may deny a claim, in whole or in part, (a) if the Board determines that the intervener is not an eligible intervener, (b) if the claim does not comply with the requirements of section 2(3), (c) if the Board is not satisfied that the costs were reasonable and directly and necessarily related to the preparation and presentation of the eligible intervener's submission, (d) if the Board is not satisfied that the eligible intervener was in need of legal or technical assistance in the preparation and presentation of the eligible intervener's submission, (e) if the Board is not satisfied that the intervention was conducted economically, (f) if, in the opinion of the Board, Alberta Queen's Printer file:///D/HTML/al37634.htm[14.01.2025 19:17:18] (i) the intervention and its presentation were unnecessary, irrelevant, improper, or intended to delay the proceeding, or (ii) the claim is excessive, having regard to the nature of the proceeding and the intervention, or (g) for any other reason the Board considers appropriate. (3) The Board may, in determining if it will award costs or deny the claim or in determining the amount of costs that should be awarded, have regard to any comments, replies and information that are obtained under section 3 and have regard to the following: (a) whether the intervention was presented by or on behalf of an eligible intervener; (b) whether the eligible intervener represents an interest that should have been represented before the Board; (c) whether the representation of such an interest contributed to the proceeding; (d) whether the interest was adequately represented by other interveners; (e) whether the eligible intervener attempted to bring related interests together and pool resources. (4) Unless the Board otherwise orders, any costs awarded to an eligible intervener shall be paid by the applicant. (5) The Board may, in making an award, provide that payment may be made to any person that the eligible intervener may designate. (6) An award shall be served (a) on the eligible intervener making the claim or the eligible intervener's representative, and (b) on the person liable for the payment of costs. (7) Where the Board denies a claim it shall serve a copy of its decision on the intervener making the claim or the intervener's representative. AR 278/91 s4 REVIEW OF CLAIM FOR COSTS Review of Board decision 5(1) If the Board has made an award or has denied the claim, the intervener who made the claim, or the person liable for the payment of costs, may make a request to the Board to review the decision and vary the existing award or make an award. (2) A request to review a decision must be made to the Board and a copy provided to the other party to the decision within 30 days of the date of service of the award or the date the claim was denied where an award was not made. (3) A request to review a decision shall clearly set out the following: (a) the name of the party requesting the Board to review the decision; (b) the number of the award, if an award was made; (c) the nature of the variation being sought; (d) the grounds for the request. AR 278/91 s5 Comments respecting review 6(1) Within 14 days of the receipt of a request for a review, the other party shall provide to the Board and to the person making the request any comments the party may have respecting the request. (2) The Board may, in determining whether it will review the decision, have regard to the comments received under subsection (1). AR 278/91 s6 Decisions on review 7(1) The Board may, in its discretion, either deny the request or conduct Alberta Queen's Printer file:///D/HTML/al37634.htm[14.01.2025 19:17:18] the review. (2) Where the Board conducts the review, it may either affirm its previous decision or vary the decision as it sees fit. (3) A copy of the Board's decision shall be served on the person making the request and on the other party. AR 278/91 s7 ADVANCE FUNDING Advance funding 8(1) An intervener who claims to be an eligible intervener may make a request to the Board for an advance of funds in respect of costs that are reasonably anticipated to be incurred in the preparation and presentation of the intervener's submission. (2) A request for an advance of funds shall be made to the Board and a copy provided to the applicant. (3) A request for an advance of funds shall clearly set out the following: (a) the information required under section 2(3)(b)(i), (ii) and (iv); (b) the name of the intervener's solicitor, if the intervener is to be represented by counsel and if the counsel is then identified; (c) the proceeding in which the intervener proposes to present the intervener's submission; (d) a detailed budget outlining all expenses, the nature of those expenses and how the advance funding will be used, including: (i) legal expenses, estimated hours and hourly rates; (ii) expert expenses; (iii) consulting expenses; and (iv) disbursements; (e) the extent to which the intervener will be undertaking on the intervener's own behalf the preparation and presentation of the intervener's submission; (f) the controls the intervener has in place for the expenditure of any advance funding received; (g) if the intervener is a group of individuals, the background of the organization and its commitment to the interest that is the subject of the proceeding before the Board; (h) reasons why funds are required in advance; (i) such other information as the Board considers relevant. AR 278/91 s8 Comments respecting advance funding 9(1) Within 14 days of a receipt of a request for an advance of funds under section 8, the applicant shall provide to the Board and the intervener any comments the applicant may have respecting the request. (2) Within 14 days of the receipt of the applicant's comments, the intervener shall provide to the Board and the applicant any reply the intervener may have respecting the comments of the applicant. (3) The Board may request the intervener to appear before the Board for the purpose of considering the intervener's claim of status as an eligible intervener, the claim for costs or the request for an advance of funds, and the applicant shall have the opportunity to question the intervener in regard to the intervener's claims or request. AR 278/91 s9 Award or denial of request for advance funding 10(1) If the Board has made a determination that the intervener is an eligible intervener and if the Board is satisfied that the eligible intervener has demonstrated that the advance of funds requested are necessary prior to the holding of any proceeding, the Board may award an advance of funds to the eligible intervener in respect of costs which, in the opinion of the Board, are reasonably anticipated to be incurred in the preparation and presentation of the eligible intervener's submission. Alberta Queen's Printer file:///D/HTML/al37634.htm[14.01.2025 19:17:18] (2) The Board may deny a request for advance funding, in whole or in part (a) if the Board determines that the intervener is not an eligible intervener, (b) if the request for advance funding does not comply with the requirements of section 8, (c) if the Board is not satisfied that the anticipated costs are reasonable and directly and necessarily related to the preparation and presentation of the eligible intervener's submission, (d) if the Board is not satisfied that the eligible intervener is in need of legal or technical assistance in the preparation and presentation of its submission, (e) if the Board is not satisfied that the intervention will be conducted economically, (f) if, in the opinion of the Board, (i) the intervention and its presentation is unnecessary, irrelevant, improper, or intended to delay the proceeding before the Board, or (ii) the request is excessive, having regard to the nature of the proceeding and the intervention, or (g) for any other reason the Board considers appropriate. (3) The Board may, in determining if it will make an advance of funds or deny the request or in determining the amount of funds it will advance, have regard to any comments, replies and information that are obtained under section 10 and have regard to the following: (a) whether the eligible intervener represents an interest which should be represented in a proceeding; (b) whether the representation of such an interest will contribute to the proceeding; (c) whether the interest will be adequately represented by other interveners; (d) whether the eligible intervener attempted to bring related interests together and pool resources; (e) whether the eligible intervener has a clear proposal for the funding; (f) whether the eligible intervener has adequate controls in place for the expenditure of any funding received; (g) any other thing the Board considers appropriate. (4) Unless the Board otherwise orders, any advance funding awarded to an eligible intervener shall be paid by the applicant. (5) The Board may, in making an award for an advance of funds, provide that payment may be made to any person that the eligible intervener may designate. (6) An award for an advance of funds shall be served (a) on the eligible intervener making the request or the eligible intervener's representative, and (b) on the person liable for the payment of costs. (7) Where the Board denies a request it shall serve a copy of its decision on the intervener making the request or the intervener's representative. AR 278/91 s10 Conditions of advance funding 11(1) If the Board makes an award of an advance of funds, it may impose conditions for the repayment of the advance by the eligible intervener in the event that the final award of costs is less than the advance. (2) Notwithstanding subsection (1), if the Board makes an award for an advance of funds and provides the advance from its own funds, it may, at the time of the final award of costs, direct the applicant to reimburse the Board, in whole or in part, for the funds advanced by the Board. Alberta Queen's Printer file:///D/HTML/al37634.htm[14.01.2025 19:17:18] AR 278/91 s11 GENERAL PROVISIONS Calculation of costs 12 The Board may, in determining the amount of costs or advance funding for costs that should be awarded, (a) prescribe the maximum hourly rate allowable for legal, expert or consulting costs, (b) prescribe a maximum amount of reimbursement of disbursements, and (c) prescribe any other costs to be eligible or ineligible. AR 278/91 s12 Service 13(1) Service of any document under this Regulation may be effected by sending it by ordinary mail to the mailing address of the intervener or the intervener's representative provided to the Board under section 2(3)(b)(ii) or 8(3)(a), as the case may be, and to the last known mailing address of the person liable to pay the costs. (2) The date of service is deemed to be 72 hours after the date of sending the document by ordinary mail. AR 278/91 s13 Funding related to inquiries and investigations 14 Where, on its own motion or at the request of the Lieutenant Governor in Council, the Board has initiated an inquiry or investigation, other than a proceeding, it may provide or arrange for funding to assist interveners in preparing and presenting submissions to the Board. AR 278/91 s14 Extension or abridgment of time 15(1) Notwithstanding any other provision of this Regulation, the Board, in its discretion, at any time may vary the procedures set out in this Regulation. (2) The Board may, on any conditions it considers proper, enlarge or abridge the time prescribed for doing anything by this Regulation. AR 278/91 s15