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

Act current to 2014-08-05 and last amended on 2014-04-01. Previous Versions

Deviations

Marginal note:Approval of deviations
  •  (1) When a deviation, change or alteration is required by a company to be made in its pipeline, or any portion of that pipeline, as already constructed or as merely located and approved, a plan, profile and book of reference of the portion of the pipeline proposed to be changed, showing the deviation, change or alteration proposed to be made, shall be submitted for the approval of the Board.

  • Marginal note:Construction of works after approval

    (2) When the plan, profile and book of reference, submitted pursuant to subsection (1), of the portion of the pipeline proposed to be changed have been approved by the Board, and copies thereof have been deposited as provided in this Act with respect to the original plan, profile and book of reference, the company may make the deviation, change or alteration, and all the provisions of this Act are applicable to the portion of the pipeline, at any time so changed or proposed to be changed, in the same manner as they are applicable to the original pipeline.

  • Marginal note:Exemptions

    (3) The Board may exempt a company from all or any of the provisions of this section where the deviation, change or alteration was made or is to be made for the purpose of benefiting a pipeline, or for any other purpose of public advantage, as may seem to the Board expedient, but the deviation, change or alteration shall not exceed such distance as the Board requires from the centre line of the pipeline, located or constructed in accordance with the plans, profiles and books of reference approved by the Board under this Act.

  • R.S., c. N-6, s. 36.

Diversion or Relocation

Marginal note:Diversions and relocation
  •  (1) The Board may, on such terms and conditions as it considers proper, direct a company to divert or relocate its pipeline if the Board is of the opinion that the diversion or relocation is necessary

    • (a) to facilitate the construction, reconstruction or relocation of a highway or a railway or any other work affecting a public interest; or

    • (b) to prevent or remove an interference with a drainage system.

  • Marginal note:Costs of diversion or relocation

    (2) The Board may direct by whom and to whom the costs of the diversion or relocation referred to in subsection (1) shall be paid.

  • Marginal note:Procedures

    (3) The Board shall not direct a company to divert or relocate any section or part of its pipeline unless the procedures set out in sections 34 to 38 have been complied with in respect of the section or part to be diverted or relocated.

  • Marginal note:Idem

    (4) For the purposes of ensuring that the procedures set out in sections 34 to 38 are complied with, the Board may order the company to carry out such of those procedures as the company would be required to carry out if the company had prepared and submitted to the Board a plan, profile and book of reference pursuant to subsection 33(1) and those sections shall apply, with such modifications as the circumstances require, in respect of any matter related to the carrying out of those procedures.

  • Marginal note:Costs of representations to Board

    (5) The Board may fix such amount as it deems reasonable in respect of the actual costs reasonably incurred by any person who made representations to the Board under this section and may direct by whom and to whom the amount so fixed shall be paid.

  • R.S., c. N-6, s. 37;
  • R.S., c. 27(1st Supp.), s. 10;
  • 1980-81-82-83, c. 80, s. 4.