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 VPowers of Pipeline Companies

General Powers

Marginal note:Powers of company

 A company may, for the purposes of its undertaking, subject to this Act and to any Special Act applicable to it,

  • (a) enter into and on any Crown land without previous licence therefor, or into or on the land of any person, lying in the intended route of its pipeline, and make surveys, examinations or other necessary arrangements on the land for fixing the site of the pipeline, and set out and ascertain such parts of the land as are necessary and proper for the pipeline;

  • (b) purchase, take and hold of and from any person any land or other property necessary for the construction, maintenance, operation and abandonment of its pipeline, or the maintenance of its abandoned pipeline, and sell or otherwise dispose of any of its land or property that has become unnecessary for the purpose of the pipeline or the abandoned pipeline;

  • (c) construct, lay, carry or place its pipeline across, on or under the land of any person on the located line of the pipeline;

  • (d) join its pipeline with the transmission facilities of any other person at any point on its route;

  • (e) construct, erect and maintain all necessary and convenient roads, buildings, houses, stations, depots, wharves, docks and other structures, and construct, purchase and acquire machinery and other apparatus necessary for the construction, maintenance, operation and abandonment of its pipeline or the maintenance of its abandoned pipeline;

  • (f) construct, maintain and operate branch lines, and for that purpose exercise all the powers, privileges and authority necessary therefor, in as full and ample a manner as for a pipeline;

  • (g) alter, repair or discontinue the works mentioned in this section, or any of them, and substitute others in their stead;

  • (h) transmit hydrocarbons by pipeline and regulate the time and manner in which hydrocarbons shall be transmitted, and the tolls to be charged therefor; and

  • (i) do all other acts necessary for the construction, maintenance, operation and abandonment of its pipeline or the maintenance of its abandoned pipeline.

  • R.S., 1985, c. N-7, s. 73;
  • 2004, c. 25, s. 154;
  • 2015, c. 21, s. 24.
Marginal note:Limitations on purchase and sale, etc.
  •  (1) A company shall not, without the leave of the Board,

    • (a) sell, transfer or lease to any person its pipeline, in whole or in part;

    • (b) purchase or lease any pipeline from any person;

    • (c) enter into an agreement for amalgamation with any other company; or

    • (d) abandon the operation of a pipeline.

  • Definition of pipeline and company

    (2) For the purposes of paragraph (1)(b), pipeline includes a pipeline as defined in section 2 or any other pipeline, and, for the purposes of paragraph (1)(c), company includes a company as defined in section 2 or any other company.

  • Marginal note:Terms and conditions — abandonment

    (2.1) The Board may, on granting leave to abandon the operation of a pipeline, impose any terms and conditions that it considers proper.

  • Marginal note:Exception

    (3) Despite paragraph (1)(a), leave shall only be required if a company sells, transfers or leases any part or parts of its pipeline that are capable of being operated as a line for the transmission of gas or oil.

  • R.S., 1985, c. N-7, s. 74;
  • 2004, c. 25, s. 155;
  • 2015, c. 21, s. 25.
Marginal note:Damages and compensation

 A company shall, in the exercise of the powers granted by this Act or a Special Act, do as little damage as possible, and shall make full compensation in the manner provided in this Act and in a Special Act, to all persons interested, for all damage sustained by them by reason of the exercise of those powers.

  • R.S., c. N-6, s. 64.
Marginal note:Exercise of powers outside Canada

 A company operating a pipeline from a place in Canada to a place on the international boundary line may exercise, beyond that boundary, in so far as permitted by the laws there in force, the powers that it may exercise in Canada.

  • R.S., c. N-6, s. 65.

Taking and Using Lands

Marginal note:Crown lands
  •  (1) No company shall take possession of, use or occupy lands vested in Her Majesty without the consent of the Governor in Council.

  • Marginal note:Consent

    (2) A company may, with the consent of the Governor in Council and on such terms as the Governor in Council may prescribe, take and appropriate, for the use of its pipeline and works, so much of the lands of Her Majesty lying on the route of the line that have not been granted, conceded or sold, as is necessary for the pipeline, and also so much of the public beach, or bed of a lake, river or stream, or of the lands so vested covered with the waters of a lake, river or stream as is necessary for making, completing and using its pipeline and works.

  • Marginal note:Compensation where lands held in trust

    (3) Where lands are vested in Her Majesty for a special purpose, or subject to a trust, the compensation money that a company pays therefor shall be held and applied by the Governor in Council for the like purpose or trust.

  • Marginal note:Exceptions

    (4) Subsections (1) to (3) do not apply to any of the following:

    • (a) in the case of a pipeline:

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

      • (ii) any section or part of the pipeline that passes on, over, along or under a utility, as defined in subsection 108(6), if a certificate has been issued, or an order has been made under section 58, in respect of the pipeline and the certificate or order contains a term or condition relating to that utility,

      • (iii) any section or part of the pipeline that passes in, on, over, under, through or across a navigable water if a certificate has been issued, or an order has been made under section 58, in respect of the pipeline, and

      • (iv) anything done under any leave obtained under section 108 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 a power line to which this section applies by reason of section 58.38:

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

      • (ii) in the case of a power line that is an interprovincial power line in respect of which an order made under section 58.4 is in force,

        • (A) any section or part of the power line that passes on, over, along or under a facility if a certificate has been issued in respect of the power line and the certificate contains a term or condition relating to that facility, or

        • (B) any section or part of the power line that passes in, on, over, under, through or across a navigable water if a certificate has been issued in respect of the power line,

      • (iii) in the case of a power line that is an international power line,

        • (A) any section or part of the power line that passes on, over, along or under a facility if a permit referred to in section 58.11, or a certificate, has been issued in respect of the power line and the permit or certificate contains a term or condition relating to that facility, or

        • (B) any section or part of the power line that passes in, on, over, under, through or across a navigable water if a permit referred to in section 58.11, or a certificate, has been issued in respect of the power line, and

      • (iv) anything done under any leave obtained under section 108 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.

  • R.S., 1985, c. N-7, s. 77;
  • 2004, c. 25, s. 156(E);
  • 2012, c. 19, s. 90.
Marginal note:Indian lands
  •  (1) No company shall take possession of or occupy lands in an Indian reserve without the consent of the Governor in Council.

  • Marginal note:Compensation

    (2) Where, with the consent of the Governor in Council, lands in an Indian reserve are taken possession of, used or occupied by a company, or where they are injuriously affected by the construction of a pipeline, compensation shall be made therefor as in the case of lands taken without the consent of the owner.

  • Definition of Indian reserve

    (3) In this section, Indian reserve means

  • R.S., 1985, c. N-7, s. 78;
  • R.S., 1985, c. 20 (2nd Supp.), s. 6.
 
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