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

Act current to 2016-11-21 and last amended on 2014-04-01. Previous Versions

Marginal note:National Energy Board
  •  (1) Where a member of the Board is designated to be the Administrator or a deputy to the Administrator, the Governor in Council may appoint, on such terms and conditions as the Governor in Council may prescribe, a temporary substitute member of the Board in place of that member of the Board.

  • (2) [Repealed, 1993, c. 34, s. 97]

  • R.S., 1985, c. N-26, s. 8;
  • 1993, c. 34, s. 97.
Marginal note:Acting Commissioner or Administrator
  •  (1) Subject to subsection (2), in the event of the absence or incapacity of the Commissioner or Administrator or if either office is vacant, the Governor in Council may designate a person to act as Commissioner or Administrator for the time being and the person so designated has all the powers, duties and functions of the Commissioner or Administrator, unless the Governor in Council specifies otherwise.

  • Marginal note:Acting designated officer

    (2) Where the designated officer is absent or incapacitated, the Governor in Council may designate another member of the Board to act as the Administrator or as a deputy to the Administrator, as the case may be, and the person so designated has all the powers, duties and functions of the Administrator or that deputy including the powers, duties and functions of the Board that were delegated to the Administrator or that deputy, unless the Governor in Council specifies otherwise.

  • Marginal note:Residence and other requirements removed

    (3) Subsections 3(5) and 4(3) of the National Energy Board Act do not apply to a member of the Board designated pursuant to subsection (2).

  • 1977-78, c. 20, s. 8.
Marginal note:Powers of Minister

 The Minister may

  • (a) exercise such of the powers and carry out such of the duties and functions, in relation to the pipeline only, of any member of the Queen’s Privy Council for Canada or any department or agency of the Government of Canada as are from time to time transferred to him by order of the Governor in Council;

  • (b) hold consultations with the governments of the provinces, Yukon and the Northwest Territories to coordinate and review the activities of the Agency and those governments in relation to the pipeline;

  • (c) enter into such agreements with the government of a province, or with the government of Yukon or the Northwest Territories after consultation with the Legislature of Yukon or the Northwest Territories, as may be necessary to facilitate the attainment of the objects of this Act and to provide for coordination and review of the activities of the Agency and those governments in relation to the pipeline;

  • (d) oversee and survey all aspects of the planning and construction of, and procurement for, the pipeline; and

  • (e) in order to carry out the obligations of Canada contained in the Agreement, consult with the appropriate authorities of the United States on any matter arising under the Agreement.

  • R.S., 1985, c. N-26, s. 10;
  • 2002, c. 7, s. 214;
  • 2014, c. 2, s. 19.

Offices

Marginal note:Offices

 Offices of the Agency may be established at such places in Canada as the Minister considers appropriate.

  • 1977-78, c. 20, s. 10.

Staff

Marginal note:Separate employer
  •  (1) The Agency may employ such professional, scientific, technical and other officers and employees as it considers necessary for the purposes of this Act, fix their tenure of employment and their duties and, with the approval of the Treasury Board, fix and pay their remuneration.

  • Marginal note:Technical assistance

    (2) The Agency may engage on a temporary basis the services of persons having technical or specialized knowledge to advise and assist the Agency in the performance of its duties and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.

  • Marginal note:Public Service Superannuation Act

    (3) Each person employed under subsection (1) is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

  • Marginal note:Application of other Acts

    (4) Each person employed under subsection (1) is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act.

  • Marginal note:Secondment and advice and assistance

    (5) The Governor in Council may, on the request of the Minister, direct any department or agency of the Government of Canada to second to the Agency, for specified periods, officers and employees necessary for the proper conduct of the work of the Agency and the Agency may, subject to any provisions relating to privileged information in any other Act, obtain the advice and assistance of any department or agency of the Government of Canada.

  • R.S., 1985, c. N-26, s. 12;
  • 2003, c. 22, ss. 224(E), 225(E).

Annual Report

 [Repealed, 2012, c. 19, s. 177]

Marginal note:Annual report

 The Minister shall, on or before December 31 next following the end of each fiscal year, prepare a report on the operations of the Agency for that fiscal year and the Minister shall cause the report to be laid before each House of Parliament on that date or, if a House is not then sitting, on any of the first 15 days that it is sitting after that date.

  • R.S., 1985, c. N-26, s. 14;
  • 2012, c. 19, s. 177.

Transfer of Powers

Marginal note:Transfer of powers

 The Governor in Council may, by order, transfer to the Minister, in relation to the pipeline only, such of the powers, duties and functions of any member of the Queen’s Privy Council for Canada or any department or agency of the Government of Canada as are specified in the order.

  • 1977-78, c. 20, s. 14.
Marginal note:Exercise of powers by departments and other agencies

 The Minister may, to facilitate the exercise of such of the powers and the carrying out of such of the duties and functions of a member of the Queen’s Privy Council for Canada or any department or agency of the Government of Canada as are transferred to him, enter into an agreement with the member, department or agency whereby the member, department or agency will exercise the powers and carry out the duties and functions so transferred in a manner determined in the agreement.

  • 1977-78, c. 20, s. 15.
Marginal note:No taxing authority transferred

 No transfer of any power, duty or function under section 15 authorizes the Minister to levy a tax or impose a licence fee or other monetary charge greater than the tax, licence fee or other monetary charge set out in the Act or regulations referred to in the transfer.

  • 1977-78, c. 20, s. 16.

Federal-Provincial Consultative Council

Marginal note:Council to be established
  •  (1) For the purpose of carrying out the objects of this Act, the Governor in Council may establish a Federal-Provincial Consultative Council consisting of

    • (a) the Commissioner and a representative of Yukon named by the Governor in Council on the recommendation of the Legislature of Yukon; and

    • (b) one representative of each of the provinces of British Columbia, Saskatchewan and Alberta nominated by the Lieutenant Governor in Council of each of those provinces.

  • Marginal note:Meeting and objects

    (2) The Council established under subsection (1) shall meet at least once every three months at such places in Canada as may be determined by the Council to consult on and to facilitate the coordination of the actions of the Agency, the governments of the provinces referred to in paragraph (1)(b), the government of Yukon and other governmental bodies in relation to the pipeline, and in particular with a view to ensuring a consistent approach in so far as is possible relating to the pipeline.

  • Marginal note:Committees of Council

    (3) The Council established by subsection (1) may establish committees of the Council to advise it on such matters relating to the objects set out in subsection (2) as the Council refers to those committees.

  • R.S., 1985, c. N-26, s. 18;
  • 2002, c. 7, s. 215.

Advisory Councils

Marginal note:Establishment and composition
  •  (1) For the purpose of assisting the Minister in carrying out the objects of this Act, the Governor in Council shall establish and set the terms of reference of one or more advisory councils each consisting of not more than ten members to be selected from outside the federal public administration and appointed by the Governor in Council to hold office for such term as the Governor in Council may determine.

  • Marginal note:Yukon Advisory Council

    (2) One of the advisory councils established under subsection (1) shall be the Yukon Advisory Council with members representative of areas and interests, including native interests, in Yukon.

  • Marginal note:Functions

    (3) The Commissioner shall inform a council established under subsection (1) of the activities of the Agency relating to the terms of reference of the council and any such council may advise and make recommendations to the Commissioner respecting those activities.

  • Marginal note:Council members

    (4) Each member of a council established under subsection (1) is entitled to be paid out of the funds appropriated for the Agency such fees as are fixed by the Governor in Council for attendance at meetings of the council.

  • Marginal note:Expenses

    (5) Each member of a council established under subsection (1) is entitled to be paid out of the funds appropriated for the Agency reasonable travel and living expenses incurred by him in connection with the performance of his duties under this Act while absent from his ordinary place of residence.

  • R.S., 1985, c. N-26, s. 19;
  • 2002, c. 7, s. 216;
  • 2003, c. 22, s. 224(E).
 
Date modified: