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

Application

Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada or a province.

  • 1990, c. 7, s. 2.

PART INational Energy Board

Establishment of the Board

Marginal note:Board established
  •  (1) There is hereby established a Board, to be called the National Energy Board, consisting of not more than nine members to be appointed by the Governor in Council.

  • Marginal note:Tenure of members

    (2) Subject to subsection (3), each member of the Board shall be appointed to hold office during good behaviour for a period of seven years, but may be removed at any time by the Governor in Council on address of the Senate and House of Commons.

  • Marginal note:Reappointment

    (3) A member appointed under subsection (2) is eligible to be reappointed to hold office during good behaviour for any term of seven years or less.

  • Marginal note:Eligibility

    (4) A person is not eligible to be appointed or to continue as a member of the Board if that person is not a Canadian citizen or permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act or is, as owner, shareholder, director, officer, partner or otherwise, engaged in the business of producing, selling, buying, transmitting, exporting, importing or otherwise dealing in hydrocarbons or electricity or holds any bond, debenture or other security of a corporation engaged in any such business.

  • Marginal note:Residence and other employment

    (5) Each member, other than a member appointed under subsection 4(1), shall, during his term of office,

    • (a) reside in, or within a reasonable commuting distance of, Calgary, Alberta or at such other place in Canada as the Governor in Council may approve; and

    • (b) devote the whole of his time to the performance of his duties under this Act, and shall not accept or hold any office or employment inconsistent with his duties and functions under this Act.

  • R.S., 1985, c. N-7, s. 3;
  • 1990, c. 7, s. 3;
  • 1991, c. 27, s. 1;
  • 2001, c. 27, s. 262;
  • 2015, c. 21, s. 3.
Marginal note:Temporary members
  •  (1) In addition to the number of members that may be appointed under subsection 3(1), the Governor in Council may, notwithstanding subsection 3(2), appoint temporary members of the Board on such terms and conditions as the Governor in Council may prescribe and any temporary member so appointed shall carry out such duties as may be assigned to that member by the Chairperson of the Board.

  • (2) [Repealed, 2012, c. 19, s. 70]

  • Marginal note:Temporary members, other employment

    (3) A member appointed under subsection (1) shall not, during his term of office, accept or hold any office or employment inconsistent with the member’s duties under this Act.

  • R.S., 1985, c. N-7, s. 4;
  • 2012, c. 19, ss. 70, 99(E).
Marginal note:Remuneration
  •  (1) Each member, other than a member appointed under subsection 4(1), shall be paid such remuneration for the services of that member as the Governor in Council may from time to time determine.

  • Marginal note:Idem

    (2) Each member appointed under subsection 4(1) shall be paid such remuneration for the services of that member as the Governor in Council may from time to time determine.

  • Marginal note:Expenses

    (3) Each member is entitled to be paid reasonable travel and other expenses incurred in the performance of his duties while away from his ordinary place of residence.

  • R.S., c. N-6, s. 4;
  • R.S., c. 27(1st Supp.), s. 3;
  • 1980-81-82-83, c. 84, s. 2.

Executive Officers

Marginal note:Chairman and Vice-Chairman
  •  (1) The Governor in Council shall designate one of the members to be Chairperson of the Board and another of the members to be Vice-chairperson of the Board.

  • Marginal note:Chairperson’s duties

    (2) The Chairperson is the chief executive officer of the Board. The Chairperson apportions work among the members, decides whether the Board sits in a panel, and assigns members to panels and a member to preside over each panel. The Chairperson also has supervision over and direction of the work of the Board’s staff.

  • Marginal note:Directives regarding timeliness

    (2.1) To ensure that an application before the Board is dealt with in a timely manner, the Chairperson may issue directives to the members authorized to deal with the application regarding the manner in which they are to do so.

  • Marginal note:Measures to meet time limit

    (2.2) If the Chairperson is of the opinion that a time limit imposed under any of sections 52, 58 and 58.16 is not likely to be met in respect of an application, the Chairperson may take any measure that the Chairperson considers appropriate to ensure that the time limit is met, including

    • (a) removing any or all members of the panel authorized to deal with the application;

    • (b) authorizing one or more members to deal with the application;

    • (c) increasing or decreasing the number of members dealing with the application; and

    • (d) specifying the manner in which section 55.2 is to be applied in respect of the application.

  • Marginal note:Clarification

    (2.3) For greater certainty, the power referred to in subsection (2.2) includes the power to designate a single member, including the Chairperson, as the sole member who is authorized to deal with the application.

  • Marginal note:Effects of measure

    (2.4) If the composition of the panel dealing with an application is changed as a result of any measure taken under subsection (2.2),

    • (a) evidence and representations received by the Board in relation to the application before the taking of the measure are considered to have been received after the taking of the measure; and

    • (b) the Board is bound by every decision made by the Board in relation to the application before the taking of the measure unless the Board elects to review, vary or rescind it.

  • Marginal note:Inconsistencies

    (2.5) In the event of any inconsistency between any directive issued under subsection (2.1) or measure taken under subsection (2.2) and any rule made under section 8, the directive or measure prevails to the extent of the inconsistency.

  • Marginal note:Vice-chairperson’s duties

    (3) If the Chairperson is absent or unable to act or if the office is vacant, the Vice-chairperson has all the Chairperson’s powers and functions.

  • Marginal note:Acting Chairperson

    (4) The Board may authorize one or more of its members to act as Chairperson for the time being in the event that the Chairperson and Vice-chairperson are absent or unable to act or if the offices are vacant.

  • (5) [Repealed, 1990, c. 7, s. 4]

  • R.S., 1985, c. N-7, s. 6;
  • 1990, c. 7, s. 4;
  • 2012, c. 19, s. 71;
  • 2015, c. 21, s. 4.

Head Office and Meetings

Marginal note:Head office
  •  (1) The head office of the Board shall be at Calgary, Alberta.

  • Marginal note:Quorum

    (2) Three members constitute a quorum of the Board.

  • Marginal note:Exception

    (2.1) Despite subsection (2), if the number of members authorized to deal with an application as a result of any measure taken by the Chairperson under subsection 6(2.2) is less than three, the number of members authorized by the Chairperson to deal with the application constitutes a quorum of the Board.

  • Marginal note:Vacancy

    (3) A vacancy in the membership of the Board does not impair the right of the remaining members to act.

  • Marginal note:Time and place of sittings

    (4) The Board may sit at such times and places as it considers necessary or desirable for the proper conduct of its business.

  • R.S., 1985, c. N-7, s. 7;
  • 1991, c. 27, s. 2;
  • 2012, c. 19, s. 72.

Rules

Marginal note:Rules

 The Board may make rules respecting

  • (a) the sittings of the Board;

  • (b) the procedure for making applications, representations and complaints to the Board and the conduct of hearings before the Board, and generally the manner of conducting any business before the Board; and

  • (c) [Repealed, 2012, c. 19, s. 73]

  • (d) generally, the carrying on of the work of the Board, the management of its internal affairs and the duties of its officers and employees.

  • R.S., 1985, c. N-7, s. 8;
  • 2012, c. 19, s. 73.
 
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