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:Regulations — compensation
  •  (1) The Governor in Council may make regulations establishing the costs, losses and damages for which a Tribunal may award compensation and regulations respecting that compensation, including regulations

    • (a) prescribing the period within which claims for compensation or applications for reconsideration shall be made to the Tribunal;

    • (b) authorizing the Tribunal to award interim compensation in respect of a claim for compensation;

    • (c) authorizing the Tribunal to award fees and travel expenses and costs with respect to claims for compensation and the reconsideration of those claims, as well as providing to whom the fees and travel expenses and costs may be awarded;

    • (d) establishing an order of priority among classes of compensable damage for the purpose of awarding compensation;

    • (e) providing for the reduction of the amount that the Board pays under subsection 48.39(1) and the criteria for such a reduction, including in respect of a class of compensable damage;

    • (f) fixing a maximum amount of compensation that may be awarded to a claimant, including in respect of a class of compensable damage;

    • (g) prescribing the period for the purposes of subsection 48.39(1);

    • (h) providing that a payment of any amount that the Board pays under subsection 48.39(1) be postponed;

    • (i) providing for the payment of any amount that the Board pays under subsection 48.39(1) in a lump sum or in payments of equal or different amounts over a period of time;

    • (j) providing for interest with respect to a claim for compensation or an application for reconsideration, as well as the period during which interest accrues; and

    • (k) generally, for carrying out the purposes of sections 48.18 to 48.48.

  • Marginal note:Exception

    (2) A regulation made under subsection (1) is not to provide that the loss of non-use value in relation to damages to the environment caused by the release is a loss for which the Tribunal may award compensation.

  • 2015, c. 21, s. 16.

Measures Related to Abandonment

Marginal note:Costs and expenses related to abandonment
  •  (1) The Board may order a company to take any measure, including maintaining funds or security, that the Board considers necessary to ensure that the company has the ability to pay for the abandonment of its pipelines and any costs and expenses related to its abandoned pipelines.

  • Marginal note:Funds or security

    (2) If the Board orders a company to maintain funds or security, the Board may

    • (a) order the company to use the funds or security to pay for the abandonment of its pipelines or the costs and expenses related to its abandoned pipelines; or

    • (b) withdraw the funds or realize the security to pay for that abandonment or pay those costs and expenses.

  • 2015, c. 21, s. 16.

Inspection Officers

Marginal note:Designation of inspection officers
  •  (1) The Board may designate any person as an inspection officer for the purpose of ensuring

    • (a) the safety and security of the public and of a company’s employees;

    • (b) the protection of property and the environment;

    • (b.1) the safety and security of pipelines and abandoned pipelines;

    • (c) compliance with this Part and Part III.1, any orders made, or permits and certificates issued, by the Board under those Parts and any regulations made under section 48; and

    • (d) compliance with section 112 and any orders and regulations made under section 58.33 or 112.

  • Marginal note:Powers of officers

    (2) For the purpose described in subsection (1), an inspection officer may at any reasonable time

    • (a) have access to and inspect

      • (i) any lands or pipeline, including a pipeline that is under construction, or any abandoned pipeline,

      • (ii) any ground disturbance within the area prescribed under subsection 112(5), and

      • (iii) any facility being constructed across, on, along or under the pipeline;

    • (b) direct a company or person whose activity causes a ground disturbance or who is constructing a facility described in paragraph (a)

      • (i) to perform any tests that the inspection officer considers necessary for an inspection, and

      • (ii) to provide information orally or in writing; and

    • (c) examine and make copies of any information contained in any books, records or documents, or in any computer systems, that the inspector believes on reasonable grounds contain any information relating to the design, construction, operation, maintenance or abandonment of a pipeline or to the maintenance of an abandoned pipeline.

  • Marginal note:Compliance audit

    (3) For greater certainty, the powers set out in subsection (2) include the power to conduct a compliance audit.

  • R.S., 1985, c. N-7, s. 49;
  • 1990, c. 7, s. 18;
  • 1994, c. 10, s. 25;
  • 2004, c. 15, s. 85;
  • 2015, c. 21, s. 17.
Marginal note:Certificate of authority

 The Board shall provide every inspection officer with a certificate of authority and, when carrying out duties under this Part, the inspection officer shall show the certificate to any person who asks to see it.

  • R.S., 1985, c. N-7, s. 50;
  • 1990, c. 7, s. 18;
  • 1994, c. 10, s. 25.
Marginal note:Assistance to officers

 Any officer, employee, agent or mandatary of a company and any person whose activity causes a ground disturbance or who is constructing a facility described in paragraph 49(2)(a) shall give an inspection officer all reasonable assistance to enable the officer to carry out their duties under this Part.

  • R.S., 1985, c. N-7, s. 51;
  • 1990, c. 7, s. 18;
  • 1994, c. 10, s. 25;
  • 2004, c. 25, s. 150(E);
  • 2015, c. 21, s. 18.
Marginal note:Grounds for making order
  •  (1) An inspection officer who is expressly authorized by the Board to make orders under this section may make an order if the inspection officer has reasonable grounds to believe that a hazard to the safety or security of the public or of employees of a company or a detriment to property or the environment is being or will be caused by

    • (a) the construction, operation, maintenance or abandonment of a pipeline, or any part of a pipeline;

    • (a.1) an abandoned pipeline or any part of it; or

    • (b) a ground disturbance or the construction of a facility described in paragraph 49(2)(a).

  • Marginal note:Terms of order

    (2) The order may require

    • (a) work associated with the pipeline, abandoned pipeline, ground disturbance or facility to be suspended until

      • (i) the hazardous or detrimental situation has been remedied to the satisfaction of an inspection officer, or

      • (ii) the order is stayed or rescinded under section 51.2; and

    • (b) the company, any person taking any action or measure with respect to the pipeline or the abandoned pipeline, any person responsible for the ground disturbance or any person involved in the construction of the facility to take any measure specified in the order to ensure the safety or security of the public or of employees of the company or to protect property or the environment.

  • Marginal note:Notice and report

    (3) An inspection officer who makes an order under this section shall, as soon as possible,

    • (a) give written notice of the order to the persons to whom it is directed, including the terms of the order and a statement of the reasons for the order; and

    • (b) report the circumstances and terms of the order to the Board.

  • 1994, c. 10, s. 25;
  • 2004, c. 15, s. 86(E);
  • 2015, c. 21, s. 19.
 
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