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

Act current to 2016-04-12 and last amended on 2015-06-23. Previous Versions

Location and Construction under Provincial Law

Marginal note:Provincial regulatory agency

 The lieutenant governor in council of a province may designate as the provincial regulatory agency the lieutenant governor in council of the province, a provincial minister of the Crown or any other person or a board, commission or other tribunal.

  • 1990, c. 7, s. 23.
Marginal note:Application

 Sections 58.2 and 58.21 apply only in respect of those portions of international power lines that are within a province in which a provincial regulatory agency is designated under section 58.17 but do not apply in the case of international power lines in respect of which an election is filed under section 58.23.

  • 1990, c. 7, s. 23.
Marginal note:Definition of provincial laws

 For the purposes of sections 58.2, 58.21 and 58.22, a law of a province is in relation to lines for the transmission of electricity from a place in the province to another place in the province if the law is in relation to any of the following matters:

  • (a) the determination of their location or detailed route;

  • (b) the acquisition of land required for the purposes of those lines, including its acquisition by expropriation, the power to so acquire land and the procedure for so acquiring it;

  • (c) assessments of their impact on the environment;

  • (d) the protection of the environment against, and the mitigation of the effects on the environment of, those lines; or

  • (e) their construction and operation and the procedure to be followed in abandoning their operation.

  • 1990, c. 7, s. 23.
Marginal note:Application of provincial laws

 The laws from time to time in force in a province in relation to lines for the transmission of electricity from a place in the province to another place in that province apply in respect of those portions of international power lines that are within that province.

  • 1990, c. 7, s. 23.
Marginal note:Incorporation of provincial functions

 A provincial regulatory agency designated under section 58.17 has, in respect of those portions of international power lines that are within that province, the powers and duties that it has under the laws of the province in respect of lines for the transmission of electricity from a place in the province to another place in that province, including a power or duty to refuse to approve any matter or thing for which the approval of the agency is required, even though the result of the refusal is that the line cannot be constructed or operated.

  • 1990, c. 7, s. 23.
Marginal note:Paramountcy

 Terms and conditions of permits and certificates and Acts of Parliament of general application are, for the purpose of applying the laws of a province under section 58.2 or 58.21, paramount to those laws.

  • 1990, c. 7, s. 23.

Location and Construction under Federal Law

Marginal note:Election

 The applicant for or holder of a permit or certificate may file with the Board in the form prescribed by the regulations an election that the provisions of this Act referred to in section 58.27 and not the laws of a province described in section 58.19 apply in respect of the existing or proposed international power line.

  • 1990, c. 7, s. 23.
Marginal note:Application

 Sections 58.26 and 58.27 apply only in respect of

  • (a) international power lines in respect of which an election is filed under section 58.23;

  • (b) those portions of international power lines that are within a province in which no provincial regulatory agency is designated under section 58.17; and

  • (c) interprovincial power lines in respect of which an order made under section 58.4 is in force.

  • 1990, c. 7, s. 23.
Marginal note:Effect of election
  •  (1) Where an election is filed under section 58.23,

    • (a) no permit shall be issued in respect of the line;

    • (b) any application in respect of the line shall be dealt with as an application for a certificate; and

    • (c) any permit or certificate issued in respect of the line is thereupon revoked.

  • Marginal note:Liability

    (2) An applicant for or holder of a permit or certificate who files an election under section 58.23 and who, at the time of the election, is proceeding under the laws of a province to acquire land for the purpose of constructing or operating the international power line is liable to each person who has an interest in the land or, in the Province of Quebec, a right in the land, for all damages suffered and reasonable costs incurred in consequence of the abandonment of the acquisition.

  • Marginal note:Idem

    (3) An action for damages and costs referred to in subsection (2) may be brought in any court of competent jurisdiction in the province in which the land is situated.

  • 1990, c. 7, s. 23;
  • 2004, c. 25, s. 152.
Marginal note:Prohibition

 No person shall begin the construction of a section or part of an international or interprovincial power line until

  • (a) the plan, profile and book of reference of the section or part are approved by the Board; and

  • (b) copies of the plan, profile and book of reference so approved, duly certified as such by the Secretary, are deposited in the offices of the registrars of deeds for the districts or counties through which the section or part is to pass.

  • 1990, c. 7, s. 23.
Marginal note:Application of certain provisions
  •  (1) Sections 32 to 45 and 48 and Part V, except sections 74, 76 to 78, 108 to 111.3, 114 and 115, apply in respect of international and interprovincial power lines referred to in section 58.24 as if each reference in any of those provisions to

    • (a) a “company” were a reference to the applicant for or holder of the certificate issued in respect of the line;

    • (b) a “pipeline” or “line” were a reference to the international or interprovincial power line; and

    • (c) “hydrocarbons” were a reference to electricity.

  • Marginal note:Application of section 45 — navigable waters

    (2) If a deviation, change or alteration is required to be made to a portion of an international power line by the holder of a permit or certificate issued in respect of the power line and the deviation, change or alteration passes in, on, over, under, through or across a navigable water, section 45 also applies to that portion of the power line as if each reference in that section to

    • (a) a “company” were a reference to the holder of the permit or certificate; and

    • (b) a “pipeline” were a reference to the international power line.

  • 1990, c. 7, s. 23;
  • 2012, c. 19, s. 86.
Marginal note:Application of certain provisions

 Sections 32 to 45 and 48 and Part V, except sections 74, 76 to 78, 108 to 111.3, 114 and 115, apply in respect of international power lines in respect of which a certificate was issued, or an order made under subsection 58(2), before June 1, 1990 as if each reference in any of those provisions to

  • (a) a “company” were a reference to the applicant for or holder of the certificate issued in respect of the line;

  • (b) a “pipeline” or “line” were a reference to the international power line; and

  • (c) “hydrocarbons” were a reference to electricity.

  • 2012, c. 19, s. 86.

Diversions, Relocations, Crossings and Abandonments

Marginal note:Construction — facility
  •  (1) Subject to subsection (4), no person shall construct an international or interprovincial power line that passes on, over, along or under a facility unless a permit referred to in section 58.11, or a certificate, has been issued in respect of the power line and

    • (a) the permit or certificate contains a term or condition relating to that facility;

    • (b) the person has been granted leave under subsection (2); or

    • (c) the person is constructing the power line in circumstances specified in an order or regulation made under subsection (4).

  • Marginal note:Authority to grant leave

    (2) The Board may, by order, on application, grant a person leave to construct an international or interprovincial power line that passes on, over, along or under a facility. It may require from the applicant any plans, profiles and other information that it considers necessary to consider the application.

  • Marginal note:Terms and conditions

    (3) The leave may be granted in whole or in part and be subject to terms and conditions.

  • Marginal note:Circumstances

    (4) The Board may make orders or regulations specifying circumstances for the purposes of paragraph (1)(c).

  • Marginal note:Leave in emergency cases

    (5) The Board may grant leave under subsection (2) after construction of the proposed work has commenced if it is satisfied that the work was urgently required and, before the commencement of construction, it was notified of the person’s intention to proceed with the proposed work.

  • 1990, c. 7, s. 23;
  • 2012, c. 19, s. 87.
 
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