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

Act current to 2016-05-12 and last amended on 2015-06-23. Previous Versions

Marginal note:Construction or operation — navigable water

 No person shall construct or operate a pipeline that passes in, on, over, under through or across a navigable water unless a certificate has been issued, or an order has been made under section 58, in respect of the pipeline.

  • R.S., 1985, c. N-7, s. 109;
  • 1990, c. 7, s. 27;
  • 2012, c. 19, s. 91.
Marginal note:Effects of recommendation on navigation
  •  (1) In addition to any other factor that it considers appropriate, the Board shall take into account the effects that the issuance of a certificate in respect of a pipeline that passes in, on, over, under, through or across a navigable water might have on navigation, including safety of navigation, when making its recommendation in a report prepared under subsection 52(1).

  • Marginal note:Effects of decision on navigation

    (2) In addition to any other factor that it considers appropriate, the Board shall take into account the effects that its decision might have on navigation, including safety of navigation, when deciding whether to make an order, give a direction or grant a leave, approval or exemption in respect of a pipeline that passes in, on, over, under, through or across a navigable water.

  • R.S., 1985, c. N-7, s. 110;
  • 2012, c. 19, s. 91.
Marginal note:Pipeline not work

 Despite the definition work in section 2 of the Navigation Protection Act, a pipeline is not a work to which that Act applies.

  • R.S., 1985, c. N-7, s. 111;
  • 2001, c. 4, s. 105;
  • 2004, c. 25, s. 161;
  • 2012, c. 19, s. 91, c. 31, s. 349.
Marginal note:Regulations
  •  (1) The Governor in Council may, for purposes related to navigation, on the joint recommendation of the Minister and the Minister of Transport, make regulations respecting sections or parts of pipelines that pass in, on, over, under, through or across a navigable water, including regulations respecting

    • (a) their design, construction or operation;

    • (b) the making of deviations, changes or alterations to them;

    • (c) their diversion or relocation;

    • (d) the safety and security of their operation; and

    • (e) the abandonment of their operation.

  • Marginal note:Offence

    (2) Every person who contravenes a regulation made under subsection (1) is guilty of an offence punishable on summary conviction.

  • 2012, c. 19, s. 91.
Marginal note:Existing terms and conditions
  •  (1) Terms and conditions in respect of a pipeline that were, at any time before the coming into force of this section, imposed under section 108, as that section read from time to time before the coming into force of this section, are considered to be terms and conditions set out in the certificate issued, or order made under section 58, as the case may be, in respect of the pipeline.

  • Marginal note:Construction without leave

    (2) If, at any time before the coming into force of this section, the Minister of Transport or the Board had provided, under section 108, as that section read from time to time before the coming into force of this section, that leave under that section was not necessary because the pipeline was to be constructed in accordance with certain orders, regulations, plans and specifications, no company shall construct the pipeline otherwise than in accordance with those orders, regulations, plans and specifications or as specified by the Board.

  • 2012, c. 19, s. 91.
Marginal note:Offence and punishment
  •  (1) Every person who contravenes subsection 108(1), section 109 or subsection 111.2(2) is guilty of an offence and is liable

    • (a) on summary conviction, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding one year or to both; or

    • (b) on conviction on indictment, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years or to both.

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

    (2) Subsections 121(2) to (5) apply, with any modifications that the circumstances require, in respect of an offence under this section.

  • 2012, c. 19, s. 91.
Marginal note:If pipeline affixed to any real property or immovables
  •  (1) Despite this Act or any other general or Special Act or law to the contrary, if any section or part of a pipeline passes on, over, along or under a utility, as defined in subsection 108(6) — or passes in, on, over or under a navigable water — and that section or part of the pipeline has been affixed to any real property or immovable in any of the circumstances referred to in subsection (2),

    • (a) that section or part of the pipeline remains subject to the rights of the company and remains the property of the company as fully as it was before being so affixed and does not become part of the real property or immovable of any person other than the company unless otherwise agreed by the company in writing and unless notice of the agreement in writing has been filed with the Secretary; and

    • (b) subject to the provisions of this Act, the company may create a lien, mortgage, charge or other security, or the company may constitute a hypothec, on that section or part of the pipeline.

  • Marginal note:Circumstances

    (2) The following are the circumstances for the purposes of subsection (1):

    • (a) in the case of the pipeline:

      • (i) leave has been obtained under subsection 108(2) or (5) in respect of the pipeline,

      • (ii) the certificate issued, or the order made under section 58, in respect of the pipeline contains a term or condition relating to the utility,

      • (iii) the pipeline has been constructed in circumstances specified in an order or regulation made under subsection 108(4),

      • (iv) a certificate has been issued, or an order has been made under section 58, in respect of the pipeline and the pipeline passes in, on, over or under a navigable water, and

      • (v) leave has been obtained under section 108 in respect of the pipeline at any time before the coming into force of this subsection, as that section read from time to time before the coming into force of this subsection; and

    • (b) in the case of the power line to which this section applies by reason of section 58.27,

      • (i) leave has been obtained under subsection 58.28(2) or (5) in respect of the power line,

      • (ii) the permit referred to in section 58.11, or the certificate, issued in respect of the power line contains a term or condition relating to that utility,

      • (iii) the power line has been constructed in circumstances specified in an order or regulation made under subsection 58.28(4),

      • (iv) a permit referred to in section 58.11, or a certificate, has been issued in respect of the power line and the power line passes in, on, over or under a navigable water, and

      • (v) leave has been obtained under section 108 in respect of the power line at any time before the coming into force of this subsection, as that section read from time to time before the coming into force of this subsection.

  • 2012, c. 19, s. 91.
Marginal note:Construction of facilities across pipelines
  •  (1) Subject to subsection (5), no person shall, unless leave is first obtained from the Board, construct a facility across, on, along or under a pipeline or excavate using power-operated equipment or explosives within thirty metres of a pipeline.

  • Marginal note:Use of vehicles and mobile equipment

    (2) Subject to subsection (5), no person shall operate a vehicle or mobile equipment across a pipeline unless leave is first obtained from the company or the vehicle or mobile equipment is operated within the travelled portion of a highway or public road.

  • Marginal note:Terms and conditions

    (3) The Board may, on granting an application for leave under this section, impose such terms and conditions as it considers proper.

  • Marginal note:Directions

    (4) The Board may direct the owner of a facility constructed across, on, along or under a pipeline in contravention of this Act or the Board’s orders or regulations to do such things as the Board considers necessary for the safety or security of the pipeline and may, if the Board considers that the facility may impair the safety or security of the operation of the pipeline, direct the owner to reconstruct, alter or remove the facility.

  • Marginal note:Exception

    (5) The Board may make orders or regulations governing

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

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

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

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

      • (iii) excavations within thirty metres of a pipeline; and

    • (c) the circumstances in which or conditions under which leave under subsection (1) or (2) is not necessary.

  • Marginal note:Temporary prohibition on excavating

    (5.1) Without limiting the generality of paragraph (5)(c), orders or regulations made under that paragraph may provide for the prohibiting of excavations in an area situated in the vicinity of a pipeline, which area may extend beyond thirty metres of the pipeline, during the period that starts when a request is made to a pipeline company to locate its pipeline 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 pipeline company and the person making the request.

  • Marginal note:Exemptions

    (6) 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 subsection (5).

  • Marginal note:Inspection officers

    (7) The provisions of sections 49 to 51.3 relating to inspection officers apply for the purpose of ensuring compliance with orders and regulations made under subsection (5).

  • Marginal note:Offence

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

    • (a) on summary conviction, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding one year or to both; or

    • (b) on conviction on indictment, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years or to both.

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

    (9) Subsections 121(2) to (5) apply, with any modifications that the circumstances require, to an offence under subsection (8).

  • R.S., 1985, c. N-7, s. 112;
  • 1990, c. 7, s. 28;
  • 1994, c. 10, s. 26;
  • 1999, c. 31, s. 167;
  • 2004, c. 15, s. 91;
  • 2012, c. 19, s. 92.
 
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