Northern Pipeline Act (R.S.C., 1985, c. N-26)

Act current to 2016-04-12 and last amended on 2014-04-01. Previous Versions

Northern Pipeline Act

R.S.C., 1985, c. N-26

An Act to establish the Northern Pipeline Agency, to facilitate the planning and construction of a pipeline for the transmission of natural gas from Alaska and Northern Canada and to give effect to the Agreement between Canada and the United States of America on principles applicable to a Northern natural gas pipeline

Short Title

Marginal note:Short title

 This Act may be cited as the Northern Pipeline Act.

  • 1977-78, c. 20, s. 1.

Interpretation

Marginal note:Definitions
  •  (1) In this Act,

    Administrator

    Directeur

    Administrator means the Administrator of the Agency appointed or designated pursuant to subsection 6(2); (Directeur)

    Agency

    Administration

    Agency means the Northern Pipeline Agency established by subsection 5(1); (Administration)

    Agreement

    Accord

    Agreement means the Agreement between Canada and the United States dated September 20, 1977, set out in Schedule I, and includes any exchange of notes between Canada and the United States amending Annex III of the Agreement to give effect to a report of the Board, dated February 17, 1978, in which the Board indicated it would include in its decision approving, pursuant to this Act, pipeline specifications, a requirement for a fifty-six inch diameter pipe with a maximum allowable operating pressure of 1,080 psi for that portion of the pipeline between Whitehorse, Yukon and Caroline, Alberta; (Accord)

    Board

    Office

    Board means the National Energy Board established under the National Energy Board Act; (Office)

    Commissioner

    Directeur général

    Commissioner means the Commissioner of the Agency appointed pursuant to subsection 6(1); (Directeur général)

    company

    compagnie

    company means a company to which a certificate of public convenience and necessity is declared to be issued by subsection 21(1) in respect of the pipeline; (compagnie)

    designated officer

    fonctionnaire désigné

    designated officer means the member of the Board who is designated under subsection 6(2) as Administrator or under subsection 6(4) as a deputy to the Administrator; (fonctionnaire désigné)

    Hearing

    Audience

    Hearing means the hearings before the Board in respect of applications for certificates of public convenience and necessity for the construction and operation of certain natural gas pipelines that resulted in a publication of the Board under date of June, 1977 in three volumes entitled “Reasons for Decision, Northern Pipelines”; (Audience)

    Minister

    ministre

    Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)

    pipeline

    pipe-line

    pipeline means the pipeline for the transmission of natural gas from Alaska across Canada along the route set out in Annex I to the Agreement and includes all branches, extensions, tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, telegraph or radio, and real and personal property and works connected therewith. (pipe-line)

  • Marginal note:References

    (2) For the purposes of this Act, a reference in this Act or in any schedule to this Act to the Foreign Investment Review Act, chapter 46 of the Statutes of Canada, 1973-74, or any provision of that Act shall be construed as a reference to that Act or provision as it read immediately before the coming into force of section 46 of the Investment Canada Act, chapter 20 of the Statutes of Canada, 1985.

  • R.S., 1985, c. N-26, s. 2;
  • R.S., 1985, c. 28 (1st Supp.), s. 50;
  • 2002, c. 7, s. 212(E).

Her Majesty

Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty.

  • 1977-78, c. 20, s. 2.

Objects

Marginal note:Objects

 The objects of this Act are

  • (a) to carry out and give effect to the Agreement;

  • (b) to carry out, through the Agency, federal responsibilities in relation to the pipeline;

  • (c) to facilitate the efficient and expeditious planning and construction of the pipeline taking into account local and regional interests, the interests of the residents, particularly the native people, and recognizing the responsibilities of the Government of Canada and other governments, as appropriate, to ensure that any native claim related to the land on which the pipeline is to be situated is dealt with in a just and equitable manner;

  • (d) to facilitate, in relation to the pipeline, consultation and coordination with the governments of the provinces, Yukon and the Northwest Territories;

  • (e) to maximize the social and economic benefits from the construction and operation of the pipeline including the maximizing of the opportunities for employment of Canadians while at the same time minimizing any adverse effect on the social and environmental conditions of the areas most directly affected by the pipeline; and

  • (f) to advance national economic and energy interests and to maximize related industrial benefits by ensuring the highest possible degree of Canadian participation in all aspects of the planning and construction of, and procurement for, the pipeline while ensuring that the procurement of goods and services for the pipeline will be on generally competitive terms.

  • R.S., 1985, c. N-26, s. 4;
  • 2002, c. 7, s. 213.

PART INorthern Pipeline Agency

Establishment of Agency

Marginal note:Agency established
  •  (1) There is hereby established an agency of the Government of Canada called the Northern Pipeline Agency over which the Minister shall preside.

  • Marginal note:Minister

    (2) The Minister has the management and direction of the Agency.

  • 1977-78, c. 20, s. 4.
Marginal note:Commissioner
  •  (1) The Governor in Council may appoint an officer to be called the Commissioner of the Agency to be the deputy of the Minister and the Commissioner shall rank as and have all the powers of a deputy head of a department.

  • Marginal note:Administrator

    (2) The Governor in Council may, by order,

    • (a) appoint an officer to be called the Administrator of the Agency; or

    • (b) designate one of the members of the Board to be the Administrator of the Agency.

  • Marginal note:Duties of Administrator

    (3) The Administrator shall, under the Commissioner, exercise and perform such of the powers, duties and functions of the Minister under this Act as the Minister may specify.

  • Marginal note:Deputy to the Administrator

    (4) Where the Governor in Council does not designate a member of the Board to be the Administrator, he may, by order, designate one of the members of the Board to be a deputy to the Administrator.

  • Marginal note:Residence and other requirements removed

    (5) Subsections 3(5) and 4(3) of the National Energy Board Act do not apply to the member of the Board designated as Administrator or as a deputy to the Administrator.

  • 1977-78, c. 20, s. 5.
Marginal note:Designated officer‘s powers
  •  (1) The designated officer may, in respect of the pipeline, exercise and perform any of the powers, duties and functions of the Board under the National Energy Board Act, except those under Part II, sections 47 to 54, 56 and 58, Part IV, section 74, and Parts VI, VIII and IX of that Act, that may be delegated to him or her by order of the Board.

  • Marginal note:Certification of documents

    (2) The designated officer may, in respect of the pipeline, certify copies of

    • (a) the approved plan, profile and book of reference for the purpose of paragraph 31(d) of the National Energy Board Act; and

    • (b) any permit issued under subsection 41(2) of that Act.

  • R.S., 1985, c. N-26, s. 7;
  • 2012, c. 19, s. 112.
 
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