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:Orders and regulations

 The Board may make orders or regulations governing

  • (a) the design, construction, operation and abandonment of facilities constructed across, on, along or under power lines;

  • (b) the measures to be taken by any person in relation to

    • (i) the construction of facilities across, on, along or under power lines,

    • (ii) the construction of power lines across, on, along or under facilities, other than railways, and

    • (iii) excavations within thirty metres of power lines; and

  • (c) the circumstances in which or conditions under which leave from the Board under section 58.31 is not necessary.

  • 1990, c. 7, s. 23;
  • 2012, c. 19, s. 88.
Marginal note:Temporary prohibition on excavating
  •  (1) Without limiting the generality of paragraph 58.33(c), orders or regulations made under that paragraph may provide for the prohibition of excavations in an area that may extend beyond 30 m of an international or interprovincial power line during the period that starts on the day on which a request to locate the line is made to the holder of the permit or certificate issued in respect of the line and ends

    • (a) at the end of the third working day after the day on which the request is made; or

    • (b) at any later time that is agreed to between the holder and the person making the request.

  • Marginal note:Exemptions

    (2) The Board may, by order made on any terms and conditions that the Board considers appropriate, exempt any person from the application of an order or regulation made under section 58.33.

  • Marginal note:Inspection officers

    (3) The provisions of sections 49 to 51.3 relating to inspection officers apply for the purpose of ensuring compliance with section 58.31 and orders and regulations made under section 58.33 as if each reference in any of those provisions to

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

    • (b) a “company” were a reference to the holder of a permit or certificate issued in respect of an international or interprovincial power line or the person who operates an international or interprovincial power line in respect of which an order was made under subsection 58(2) as that section read before June 1, 1990;

    • (c) a “ground disturbance” were a reference to an excavation activity;

    • (d) “within the area prescribed under subsection 112(5)” were a reference to within 30 m of the line; and

    • (e) “whose activity causes a ground disturbance” were a reference to conducting an excavation activity.

  • Marginal note:Exception

    (4) For the purposes of subsection (3), in the provisions referred to in that subsection, a reference to an “abandoned pipeline” is not a reference to an abandoned international or interprovincial power line.

  • Marginal note:Offence

    (5) Every person who contravenes subsection 58.31(1) or (2), a direction made under subsection 58.31(4) or an order or regulation made under section 58.33 is guilty of an offence and liable

    • (a) on conviction on indictment, to a fine of not more than one million dollars or to imprisonment for a term of not more than five years or to both; or

    • (b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year or to both.

  • Marginal note:Application of subsections 121(2) to (5)

    (6) Subsections 121(2) to (5) apply, with any modifications that the circumstances require, to an offence under subsection (5).

  • 2015, c. 21, s. 23.
Marginal note:Abandonment
  •  (1) No person shall, without the leave of the Board, abandon the operation of an international power line or any interprovincial power line designated by an order under section 58.4.

  • Marginal note:Leave to abandon

    (2) The Board may, on the application of the holder of a permit or certificate, grant leave to abandon the operation of the line.

  • 1990, c. 7, s. 23.

Permits and Certificates

Marginal note:Terms and conditions
  •  (1) The Board may, on the issuance of a permit, make the permit subject to such terms and conditions respecting the matters prescribed by the regulations as the Board considers necessary or desirable in the public interest.

  • Marginal note:Idem

    (2) The Board may, on the issuance of a certificate, make the certificate subject to such terms and conditions as the Board considers necessary or desirable in the public interest.

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

 Every permit and certificate is subject to the condition that the provisions of this Act and the regulations in force on the date of the issuance of the permit or certificate and as subsequently enacted, made or amended, as well as every order made under the authority of this Act or of the laws of a province that are applicable under section 58.2, will be complied with.

  • 1990, c. 7, s. 23.
Marginal note:Revocation and suspension
  •  (1) The Board may revoke or suspend a permit or certificate

    • (a) on the application or with the consent of the holder of the permit or certificate; or

    • (b) where a holder of the permit or certificate has contravened or failed to comply with a term or condition of the permit or certificate.

  • Marginal note:Notice

    (2) The Board shall not revoke or suspend a permit or certificate under paragraph (1)(b) unless the Board has

    • (a) sent a notice to the holder of the permit or certificate specifying the term or condition that is alleged to have been contravened or not complied with; and

    • (b) given the holder of the permit or certificate a reasonable opportunity to be heard.

  • 1990, c. 7, s. 23.

Miscellaneous Provisions

Marginal note:Application of certain provisions
  •  (1) Sections 76 to 78 and 114 apply in respect of international power lines and of interprovincial power lines in respect of which an order made under section 58.4 is in force as they apply in respect of pipelines.

  • Marginal note:Application of references

    (2) The provisions of this Act referred to in subsection (1) apply in respect of an international power line as if each reference in those provisions to

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

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

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

 The Governor in Council may make regulations for carrying into effect the purposes and provisions of this Part, including regulations

  • (a) prescribing matters in respect of which terms and conditions of permits may be imposed;

  • (b) respecting the information to be furnished in connection with applications for permits;

  • (c) specifying considerations to which the Board shall have regard in deciding whether to recommend to the Minister that an international power line be designated by order of the Governor in Council under section 58.15; and

  • (d) prescribing the form of elections filed under section 58.23.

  • 1990, c. 7, s. 23.

Interprovincial Power Lines

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

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

    • (b) specifying considerations to which the Board shall have regard in deciding whether to issue such a certificate.

  • Marginal note:Prohibition

    (2) No person shall construct or operate any section or part of an interprovincial power line in respect of which an order made under subsection (1) is in force except under and in accordance with a certificate issued under section 58.16.

  • 1990, c. 7, s. 23.
 
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