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

 [Repealed, 1990, c. 7, s. 28]

Executions, etc.

Marginal note:Assets of company subject to executions, etc.
  •  (1) It is hereby declared that nothing in this Act restricts or prohibits any of the following transactions:

    • (a) the sale under execution of any property of a company; or

    • (b) the creation of any lien, mortgage, hypothec, charge or other security on the property of the company, or of any prior claim or right of retention within the meaning of the Civil Code of Québec or any other statute of the Province of Quebec with respect to property of the company;

    • (c) the sale, elsewhere than in the Province of Quebec, under an order of a court of any property of the company to enforce or realize on any lien, mortgage, charge or other security on the property of the company;

    • (d) the sale, in the Province of Quebec, under an order of a court or by judicial authority, of any property of the company to enforce or realize on any hypothec, charge or other security on the property of the company; and

    • (e) the exercise of remedies for the enforcement and realization of any prior claim referred to in paragraph (b) or the exercise of any right of retention referred to in that paragraph.

  • Marginal note:Application of provincial law

    (2) It is hereby declared that a transaction mentioned in subsection (1) in respect of any property of a company is subject to the same laws to which it would be subject if the work and undertaking of the company were a local work or undertaking in the province in which that property is situated.

  • R.S., 1985, c. N-7, s. 114;
  • 2001, c. 4, s. 106.

Construing Special Acts

Marginal note:Construing Special Acts

 Except as otherwise provided in this Part,

  • (a) this Act shall be construed as incorporate with a Special Act; and

  • (b) where the provisions of this Part and a Special Act relate to the same subject-matter, the provisions of the Special Act shall, in so far as is necessary to give effect to the Special Act, be taken to override the provisions of this Part.

  • R.S., c. N-6, s. 80;
  • R.S., c. 27(1st Supp.), s. 25.

PART VIExports and Imports

DIVISION IOil and Gas

Prohibition

Marginal note:Prohibition

 Except as otherwise authorized by or under the regulations, no person shall export or import any oil or gas except under and in accordance with a licence issued under this Part.

  • R.S., 1985, c. N-7, s. 116;
  • 1990, c. 7, s. 29.

Issuance of Licences

Marginal note:Issuance of licences
  •  (1) Subject to the regulations, the Board may, on such terms and conditions as it may impose, issue licences for the exportation or importation of oil or gas.

  • Marginal note:Compliance

    (2) Every licence is subject to the condition that the provisions of this Act and the regulations in force at the date of issue of the licence and as subsequently enacted, made or amended, as well as every order made under the authority of this Act, will be complied with.

  • R.S., 1985, c. N-7, s. 117;
  • 1990, c. 7, s. 31.
Marginal note:Criteria

 On an application for a licence to export oil or gas, the Board shall satisfy itself that the quantity of oil or gas to be exported does not exceed the surplus remaining after due allowance has been made for the reasonably foreseeable requirements for use in Canada, having regard to the trends in the discovery of oil or gas in Canada.

  • R.S., 1985, c. N-7, s. 118;
  • 1990, c. 7, s. 32;
  • 2012, c. 19, s. 93.
Marginal note:Limitation period or prescription
  •  (1) The Board shall decide whether to issue a licence for the exportation of oil or gas within six months from the day on which the applicant has, in the Board’s opinion, provided a complete application. The Board shall make that day public.

  • Marginal note:Continuation of jurisdiction

    (2) A failure by the Board to comply with subsection (1) within the required time limit does not affect its jurisdiction to issue the licence and anything done by it in relation to the issuance of that licence remains valid.

  • Marginal note:Excluded period

    (3) If the Board requires the applicant to provide information or undertake a study with respect to the application and the Board states publicly that this subsection applies, the period that is taken by the applicant to comply with the requirement is not included in the calculation of the time limit.

  • Marginal note:Public notice of excluded period

    (4) The Board shall make public the day on which the period referred to in subsection (3) begins and the day on which it ends as soon as each day is known.

  • Marginal note:Extension

    (5) The Minister may, by order, extend the time limit by a maximum of three months. The Governor in Council may, on the recommendation of the Minister, by order, further extend that time limit by any additional period or periods of time.

  • 2015, c. 21, s. 35.
Marginal note:Governor in Council approval
  •  (1) If a regulation made under subsection 119.01(1) requires the approval of the Governor in Council for the issuance of a licence for the exportation of oil or gas, the Board may issue the licence only if the Governor in Council grants its approval within three months from the day on which the Board makes its decision under subsection 118.1(1).

  • Marginal note:Continuation of jurisdiction.

    (2) Despite subsection (1), if the Governor in Council grants its approval after the expiry of the time limit for doing so, the Board’s jurisdiction to issue the licence is not affected and anything done by it in relation to the issuance of that licence remains valid.

  • Marginal note:Period for issuing licence

    (3) The Board shall issue the licence within seven days from the day on which the Governor in Council’s approval is granted.

  • 2015, c. 21, s. 35.

Revocation and Suspension

Marginal note:Revocation and suspension of licences
  •  (1) Subject to subsection (2) and the regulations, the Board may, by order, with the approval of the Governor in Council, revoke or suspend a licence if

    • (a) any term or condition of the licence has not been complied with or has been contravened; or

    • (b) the Board is of the opinion that the public convenience and necessity so require.

  • Marginal note:Notice to licence holder

    (2) No order shall be made under subsection (1) unless the Board has, in a notice sent to the holder of the licence, advised the holder of the term or condition of the licence that it is alleged has not been complied with or has been contravened, or of the reasons on which the opinion of the Board referred to in paragraph (1)(b) is based, as the case may be, and the Board has afforded the holder a reasonable opportunity to be heard.

  • Marginal note:Revocation or suspension on application, etc., of holder

    (3) Notwithstanding subsections (1) and (2), the Board may, by order, revoke or suspend a licence on the application or with the consent of the holder thereof.

  • R.S., 1985, c. N-7, s. 119;
  • 1990, c. 7, s. 33.

Regulations

Marginal note:Regulations
  •  (1) The Governor in Council may make regulations for carrying into effect the purposes and provisions of this Division, including regulations respecting

    • (a) the information to be furnished by applicants for licences and the procedure to be followed in applying for licences and in issuing licences;

    • (b) the duration of licences, the approval required in respect of the issue of licences, the quantities that may be exported or imported under licences and any other terms and conditions to which licences may be subject;

    • (c) units of measurement and measuring instruments or devices to be used in connection with the exportation or importation of oil or gas;

    • (d) the inspection of any instruments, devices, plant, equipment, books, records or accounts or any other thing used for or in connection with the exportation or importation of oil or gas;

    • (e) the immediate disposition of oil or gas seized by an officer referred to in section 122; and

    • (f) the circumstances in which the Board may make orders authorizing the exportation or importation of oil or gas and the terms and conditions that may be included in those orders.

  • Marginal note:Maximum duration

    (1.1) The duration referred to in paragraph (1)(b) begins on a date to be fixed in the licence and must not exceed

    • (a) 40 years, in the case of a licence for the exportation of natural gas as defined by the regulations; and

    • (b) 25 years, in any other case.

  • Marginal note:Regulations respecting export prices

    (2) The Governor in Council may make regulations

    • (a) prescribing, in respect of oil or gas the export of which is authorized under this Part, or any quality, kind or class of that oil or gas or type of service in relation thereto, the price at which or the range of prices within which that oil or gas shall be sold; and

    • (b) exempting oil or gas that is exported to a NAFTA country, as defined in subsection 2(1) of the North American Free Trade Agreement Implementation Act, to Chile or to Costa Rica, or any quality, kind or class of that oil or gas or type of service in relation thereto, from the application of regulations made under paragraph (a).

    • (c) [Repealed, 1997, c. 14, s. 82]

  • Marginal note:Idem

    (3) Regulations made under subsection (2) may prescribe different prices or ranges of prices in respect of different countries.

  • 1990, c. 7, s. 34;
  • 1993, c. 44, s. 186;
  • 1997, c. 14, s. 82;
  • 2001, c. 28, s. 54;
  • 2015, c. 36, s. 97.
 
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