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

PART III.1Construction and Operation of Power Lines

International Power Lines

Marginal note:Prohibition

 No person shall construct or operate a section or part of an international power line except under and in accordance with a permit issued under section 58.11 or a certificate issued under section 58.16.

  • 1990, c. 7, s. 23.

Permits

Marginal note:Issuance
  •  (1) Except in the case of an international power line designated by order of the Governor in Council under section 58.15 or in respect of which an election is made under section 58.23, the Board shall, on application to it and without holding a public hearing, issue a permit authorizing the construction and operation of an international power line.

  • Marginal note:Information

    (2) The application must be accompanied by the information that under the regulations is to be furnished in connection with the application.

  • 1990, c. 7, s. 23.
Marginal note:Publication
  •  (1) The applicant shall publish a notice of the application in the Canada Gazette and such other publications as the Board considers appropriate.

  • Marginal note:Waiver

    (2) The Board may waive the requirement to publish a notice referred to in subsection (1) if the Board considers that there is a critical shortage of electricity caused by terrorist activity within the meaning of subsection 83.01(1) of the Criminal Code.

  • 1990, c. 7, s. 23;
  • 2004, c. 15, s. 87.
Marginal note:Further information

 The Board may, within a reasonable time after the publication of the notice, require the applicant to furnish such information, in addition to that required to accompany the application, as the Board considers necessary to determine whether to make a recommendation pursuant to section 58.14.

  • 1990, c. 7, s. 23.
Marginal note:Delay of issuance
  •  (1) The Board may make a recommendation to the Minister, which it shall make public, that an international power line be designated by order of the Governor in Council under section 58.15, and may delay issuing a permit during such period as is necessary for the purpose of making such an order.

  • Marginal note:Criteria

    (2) In determining whether to make a recommendation, the Board shall seek to avoid the duplication of measures taken in respect of the international power line by the applicant and the government of any province through which the line is to pass, and shall have regard to all considerations that appear to it to be relevant, including

    • (a) the effect of the power line on provinces other than those through which the line is to pass;

    • (b) the impact of the construction or operation of the power line on the environment; and

    • (c) such considerations as may be specified in the regulations.

  • 1990, c. 7, s. 23.

Certificates

Marginal note:Where certificate required
  •  (1) The Governor in Council may make orders

    • (a) designating an international power line as an international power line that is to be constructed and operated under and in accordance with a certificate issued under section 58.16; and

    • (b) revoking any permit issued in respect of the line.

  • Marginal note:Exception

    (2) No order may be made under subsection (1) in respect of a line more than forty-five days after the issuance of a permit in respect of the line.

  • Marginal note:Effect of order

    (3) Where an order is made under subsection (1),

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

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

  • 1990, c. 7, s. 23.
Marginal note:Issuance
  •  (1) The Board may, subject to section 24 and to the approval of the Governor in Council, issue a certificate in respect of

    • (a) an international power line in relation to which an order made under section 58.15 is in force,

    • (b) an international power line in relation to which an election is filed under section 58.23, or

    • (c) an interprovincial power line in relation to which an order made under section 58.4 is in force,

    if the Board is satisfied that the line is and will be required by the present and future public convenience and necessity.

  • Marginal note:Criteria

    (2) In deciding whether to issue a certificate, the Board shall have regard to all considerations that appear to it to be directly related to the line and relevant.

  • Marginal note:Revocation of permit

    (3) Any permit issued in respect of an international power line in relation to which an order made under section 58.15 is in force and that is not revoked by the order is revoked on the Board’s deciding not to issue a certificate in respect of the line.

  • Marginal note:Time limit

    (4) The Board shall, within the time limit specified by the Chairperson,

    • (a) decide that the certificate should be issued and recommend to the Minister that the Governor in Council approve the issuance of the certificate; or

    • (b) decide that no certificate is to be issued and dismiss the application in respect of the line.

  • Marginal note:Maximum time limit and obligation to make it public

    (5) The time limit specified by the Chairperson must be no longer than 15 months after the day on which the applicant has, in the Board’s opinion, provided a complete application. The Board shall make the time limit public.

  • Marginal note:Environmental assessment

    (6) If the application relates to a designated project within the meaning of section 2 of the Canadian Environmental Assessment Act, 2012, the Board shall also, within the time limit,

    • (a) prepare a report, as required by paragraph 22(b) of that Act, with respect to its environmental assessment of the designated project; and

    • (b) comply with subsection 27(1) of that Act with respect to that assessment.

  • Marginal note:Excluded period

    (7) If the Board requires the applicant to provide information or undertake a study with respect to the line and the Board, with the Chairperson’s approval, states publicly that this subsection applies, the period that is taken by the applicant to comply with the requirement is not included in the calculation of the time limit.

  • Marginal note:Public notice of excluded period

    (8) The Board shall make public the dates of the beginning and ending of the period referred to in subsection (7) as soon as each of them is known.

  • Marginal note:Extension

    (9) The Minister may, by order, extend the time limit by a maximum of three months. The Governor in Council may, on the recommendation of the Minister, by order, further extend the time limit by any additional period or periods of time.

  • Marginal note:Time limit — Governor in Council

    (10) If the Board makes the recommendation referred to in paragraph (4)(a), the Governor in Council may, within three months after the making of that recommendation, either approve the issuance of the certificate or refuse to approve its issuance. The Governor in Council may extend the time limit for doing so for any additional period or periods of time.

  • Marginal note:Obligation of Board

    (11) If the Governor in Council approves the issuance of the certificate, the Board shall, within seven days after the day on which the approval was given, issue the certificate and comply with subsection 54(1) of the Canadian Environmental Assessment Act, 2012.

  • Marginal note:Continuation of jurisdiction and obligation

    (12) A failure by the Board to comply with subsection (4) within the required time limit does not affect its jurisdiction to deal with the application or its obligation to make a decision as to whether a certificate should be issued or to dismiss the application, and anything done by it in relation to the application remains valid.

  • Marginal note:Governor in Council’s power

    (13) Despite subsection (10), the Governor in Council may approve the issuance of the certificate or refuse to approve its issuance after the expiry of the time limit for doing so.

  • 1990, c. 7, s. 23;
  • 2012, c. 19, s. 85.
 
Date modified: