National Energy Board Act (R.S.C., 1985, c. N-7)

Act current to 2017-11-20 and last amended on 2016-06-19. Previous Versions

Marginal note:Pooled fund
  •  (1) Subject to subsection (2), a company may meet all or a portion of its financial requirements under subsection 48.13(1) by participating in a pooled fund that is established by companies which are authorized under this Act to construct or operate a pipeline, that meets the requirements established by the regulations and from which the Board may withdraw any amount under subsection 48.16(6).

  • Marginal note:Difference

    (2) If a company meets only a portion of its financial requirements by participating in a pooled fund and the amount of funds in the pooled fund to which it has access — in the event that there is an unintended or uncontrolled release of oil, gas or any other commodity from a pipeline that the company is authorized under this Act to construct or operate — is less than the amount of financial resources referred to in subsection 48.13(1), the company shall maintain an amount equal to the difference between those amounts.

  • Marginal note:Regulations

    (3) The Governor in Council may, on the Minister’s recommendation, make regulations respecting a pooled fund referred to in subsection (1), including regulations

    • (a) specifying the minimum amount of the pooled fund and the minimum amount of the pooled fund that shall be readily accessible;

    • (b) specifying any condition that a company shall meet in order to participate in the pooled fund, including the minimum amount that a company shall contribute to the pooled fund;

    • (c) specifying the maximum amount that a company may withdraw from the pooled fund; and

    • (d) specifying the maximum portion of a company’s financial requirements that may be met by participating in the pooled fund.

  • 2015, c. 21, s. 16.

Reimbursement by Company

Marginal note:Reimbursement —  measures taken by government institution

 If an unintended or uncontrolled release of oil, gas or any other commodity from a pipeline occurs, the Board may order the company that is authorized under this Act to construct or operate that pipeline to reimburse any federal, provincial or municipal government institution, any Aboriginal governing body or any person the costs and expenses that the Board considers reasonable that they incurred in taking any reasonable action or measure in relation to the release even if the costs and expenses are more than the amount of the limit of liability referred to in subsection 48.12(5) that applies to that company.

  • 2015, c. 21, s. 16.

Designated Company

Marginal note:Designation
  •  (1) The Governor in Council may, on the Minister’s recommendation, designate any company that is authorized under this Act to construct or operate a pipeline from which an unintended or uncontrolled release of oil, gas or any other commodity has occurred if

    • (a) the Governor in Council is of the opinion that the company does not have or is not likely to have the financial resources necessary to pay

      • (i) the costs and expenses incurred, or to be incurred, in taking any action or measure in relation to the release, and

      • (ii) the compensation that might be awarded for compensable damage caused by the release; or

    • (b) the company does not comply with an order of the Board with respect to any action or measure to be taken in relation to the release.

  • Marginal note:Measures to be taken

    (2) If the Governor in Council designates a company under subsection (1), the Board or any of its officers or employees — or class of officers or employees — that the Board authorizes may take any action or measure that they consider necessary in relation to the release or they may authorize a third party to take any such action or measure.

  • Marginal note:No liability

    (3) No action lies against the Board or an officer or employee of the Board or against Her Majesty in right of Canada or an employee of Her Majesty for anything done or omitted to be done in taking any action or measure in relation to the release.

  • Marginal note:Third party liability

    (4) A third party that is authorized under subsection (2) to take any action or measure referred to in that subsection is not liable in respect of any act or omission committed in taking those actions or measures unless it is shown that the third party did not act reasonably in the circumstances.

  • Marginal note:Reimbursement —  measures taken by government institution

    (5) If the Governor in Council designates a company under subsection (1), the Board may reimburse any federal, provincial or municipal government institution, any Aboriginal governing body or any person the costs and expenses that the Board considers reasonable that they incurred in taking any reasonable action or measure in relation to the release.

  • Marginal note:Withdrawal from pooled fund

    (6) If the Governor in Council designates a company under subsection (1) and that company participates in a pooled fund described in subsection 48.14(1), the Board may withdraw any amount from the pooled fund that is necessary to pay the costs and expenses incurred in taking any action or measure under subsection (2) and to reimburse the costs and expenses referred to in subsection (5).

  • 2015, c. 21, s. 16.
Marginal note:Regulations imposing fees, etc.
  •  (1) Subject to the Treasury Board’s approval, the Board shall, for the purposes of recovering the amounts paid out of the Consolidated Revenue Fund under subsection 48.46(1), even if those amounts are more than the amount of the limit of liability referred to in subsection 48.12(5) that applies to a designated company, make regulations

    • (a) imposing fees, levies or charges on a designated company and companies that are authorized under this Act to construct or operate pipelines that transport the same commodity or a commodity of the same class as the commodity that was released from a pipeline constructed or operated by the designated company; and

    • (b) prescribing the manner of calculating the fees, levies and charges and their payment to the Board.

  • Marginal note:Interest on late payments

    (2) A regulation made under subsection (1) may specify the rate of interest or the manner of calculating the rate of interest payable by a company either individually or as a member of a class of companies on any fee, levy or charge not paid by the company on or before the date it is due and the time from which interest is payable.

  • Marginal note:Debt due to Her Majesty

    (3) Fees, levies or charges imposed under this section and any interest payable on them constitute a debt that is due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

  • 2015, c. 21, s. 16.

Pipeline Claims Tribunal

Establishment

Marginal note:Establishment of Tribunal
  •  (1) The Governor in Council may, by order, after a designation is made under subsection 48.16(1), establish a pipeline claims tribunal whose purpose is to examine and adjudicate, as expeditiously as the circumstances and considerations of fairness permit, the claims for compensation made under this Act in relation to the release that occurred from the designated company’s pipeline and specify the location of its head office.

  • Marginal note:Reasons

    (2) However, the Governor in Council may establish a pipeline claims tribunal only if, having regard to the extent of the compensable damage caused by the release, the estimated cost of paying compensation in respect of that damage and the advantages of having claims dealt with by an administrative tribunal, the Governor in Council is of the opinion that it is in the public interest to do so.

  • Marginal note:Claims treated equitably

    (3) A Tribunal shall exercise its powers and perform its duties and functions with respect to claims for compensation in an equitable manner, without discrimination on the basis of nationality or residence.

  • 2015, c. 21, s. 16.
Marginal note:Jurisdiction of courts

 For greater certainty, nothing in sections 48.18 and 48.2 to 48.48 is to be construed as restricting the jurisdiction of a court of competent jurisdiction with respect to the release referred to in subsection 48.18(1).

  • 2015, c. 21, s. 16.
Marginal note:Public notice

 Immediately after a Tribunal is established, the Board shall notify the public, in a manner that the Tribunal considers appropriate, of the Tribunal’s purpose and the manner in which to obtain information on making a claim for compensation and shall publish in the Canada Gazette a notice setting out that purpose and the manner in which to obtain that information.

  • 2015, c. 21, s. 16.
Marginal note:Members of Tribunal
  •  (1) A Tribunal consists of at least three members, each of whom is to be appointed by the Governor in Council, on the Minister’s recommendation, to hold office for a term of not more than five years.

  • Marginal note:Members’ qualifications

    (2) The members of the Tribunal are to be appointed from among persons who are retired judges of a superior court or members of at least 10 years standing at either the bar of a province or the Chambre des notaires du Québec.

  • Marginal note:Replacing member

    (3) If a member is absent or becomes incapacitated, resigns or dies, the Governor in Council may appoint a replacement for that member.

  • Marginal note:Remuneration

    (4) The Board shall pay the members the remuneration and expenses that are fixed by the Governor in Council.

  • 2015, c. 21, s. 16.
 
Date modified: