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

Act current to 2016-09-18 and last amended on 2016-06-19. Previous Versions

Payment by the Board

Marginal note:Amount to be paid
  •  (1) The Board shall, subject to section 48.4 and within the prescribed period, pay to the claimant

    • (a) the amount of interim compensation indicated in the notice referred to in section 48.37;

    • (b) subject to the regulations, the amount of compensation and costs indicated in the notice referred to in subsection 48.38(2) and any interest payable on that compensation; and

    • (c) if the amount of compensation and costs indicated in the notice referred to in subsection 48.44(2) is more than the amount paid by the Board under paragraph (b), subject to the regulations, an amount equal to the difference between those amounts.

  • Marginal note:Interest on claim

    (2) If the regulations provide for interest with respect to a claim for compensation, the interest accrues at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act that are in effect from time to time.

  • Marginal note:Fees and travel expenses

    (3) If it is authorized to do so by the regulations, a Tribunal may, in accordance with the regulations, award fees and travel expenses. If the Tribunal awards fees and travel expenses, it shall advise the Board, by notice, of the amount awarded and the Board shall pay that amount.

  • 2015, c. 21, s. 16.
Marginal note:Total amount

 The total amount that the Board pays under subsection 48.39(1) shall not be more than the portion established by the Minister of Finance under subsection 48.46(2).

  • 2015, c. 21, s. 16.
Marginal note:Recovery of overpayment

 The following are debts that are due to Her Majesty in right of Canada and may be recovered in accordance with section 155 of the Financial Administration Act:

  • (a) any overpayment to a claimant by the Board under subsection 48.39(1);

  • (b) any amount paid to a claimant under paragraph 48.39(1)(b) in respect of a Tribunal’s decision that is rescinded; and

  • (c) if the amount paid by the Board under paragraph 48.39(1)(b) in respect of a Tribunal’s decision that is amended under subsection 48.44(1) is more than the amount of compensation and costs indicated in the notice referred to in subsection 48.44(2), the amount that is equal to the difference between those amounts.

  • 2015, c. 21, s. 16.
Marginal note:Report

 Three months after the day on which a Tribunal is established, and every three months after that, the Board shall submit to the Minister and the Minister of Finance a report with respect to the amount of compensation and costs awarded by the Tribunal and the amount that the Board has paid under subsections 48.39(1) and (3).

  • 2015, c. 21, s. 16.

Reconsideration

Marginal note:Reconsideration
  •  (1) A Tribunal may, on its own motion or on the application of a claimant, reconsider its decision with respect to a claim for compensation and may either confirm the decision or amend or rescind the decision if the Chairperson is of the opinion that because of extraordinary factors a reconsideration of the decision outweighs the public interest in the finality of decisions of the Tribunal.

  • Marginal note:Notice

    (2) The Chairperson shall notify the applicant, the designated company and the Board that the Tribunal or a panel of the Tribunal will reconsider its decision.

  • 2015, c. 21, s. 16.
Marginal note:Determining compensation
  •  (1) If, on reconsideration, a Tribunal decides to amend its decision, it shall decide whether to award the claimant compensation for the compensable damage that is referred to in their claim for compensation. If it decides to award compensation, it shall, having regard to any other amount of compensation that the applicant has been paid for that damage, determine the amount of compensation in accordance with the regulations and, if it is authorized by the regulations to award costs with respect to a claimant’s claim for compensation or the reconsideration of that claim and it decides to do so, it shall determine the amount of those costs.

  • Marginal note:Notice — decision

    (2) The Tribunal shall advise the applicant, the designated company and the Board, by notice, of its decision with respect to the application for reconsideration.

  • Marginal note:Content of notice

    (3) If the decision is amended, the notice shall indicate

    • (a) the amount of any compensation or costs determined under subsection (1);

    • (b) any reduction in the amount of compensation provided for by the regulations; and

    • (c) any amounts that have already been paid with respect to the claim in accordance with this Act.

  • 2015, c. 21, s. 16.

Judicial Review

Marginal note:Grounds

 Subject to section 48.43, every decision of a Tribunal is final and conclusive and is not to be questioned or reviewed in any court except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.

  • 2015, c. 21, s. 16.

Appropriation and Repayment

Marginal note:Amount paid out of Fund
  •  (1) There may be paid out of the Consolidated Revenue Fund, from time to time, any amount established by the Minister of Finance, on the Minister’s recommendation,

    • (a) to pay the costs and expenses incurred in taking any actions or measures referred to in subsection 48.16(2);

    • (b) to reimburse the costs and expenses referred to in subsection 48.16(5);

    • (c) to pay the costs of publishing the notice referred to in section 48.2;

    • (d) to pay the remuneration and expenses of a Tribunal’s members;

    • (e) to pay the remuneration of a Tribunal’s staff;

    • (f) to pay the remuneration and expenses of the counsel or notaries and other persons referred to in section 48.26;

    • (g) to pay the costs of providing a Tribunal with any of the assistance, facilities or supplies referred to in section 48.28;

    • (h) to pay the amounts that the Board shall pay under subsection 48.39(1); and

    • (i) to pay the fees and travel expenses referred to in paragraph 48.39(3).

  • Marginal note:Amount appropriated for compensation

    (2) The Minister of Finance may, by order, after consultation with the Minister, establish the portion of the amount paid out under subsection (1) that may be used solely to pay the amounts referred to in paragraph (1)(h).

  • Marginal note:Publication

    (3) The Minister shall, without delay, publish in the Canada Gazette a notice setting out the portion established by the Minister of Finance.

  • Marginal note:Repayment

    (4) The Board shall deposit the amounts paid out under subsection (1) to the credit of the Receiver General in accordance with the terms and conditions established by the Minister of Finance.

  • 2015, c. 21, s. 16.

Regulations

Marginal note:Regulations — Tribunal

 The Governor in Council may make regulations respecting a Tribunal, including regulations

  • (a) prescribing the terms and conditions of appointment of its members;

  • (b) respecting conflict of interest;

  • (c) prescribing the Chairperson’s powers, duties and functions;

  • (d) respecting the absence or incapacity of the Chairperson or another member;

  • (e) respecting the effects of replacing a member of the Tribunal, including on

    • (i) evidence and representations received by the Tribunal, or a panel of the Tribunal on which the member was sitting, before the replacement was appointed,

    • (ii) decisions made by the Tribunal or the panel before the replacement was appointed;

  • (f) respecting the hiring and terms and conditions of employment of the Tribunal’s staff; and

  • (g) generally, to enable the Tribunal to exercise its powers and perform it duties and functions.

  • 2015, c. 21, s. 16.
 
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