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

DIVISION IIElectricity

Prohibition

Marginal note:Prohibition

 No person shall export any electricity except under and in accordance with a permit issued under section 119.03 or a licence issued under section 119.08.

  • 1990, c. 7, s. 34.

Issuance of Permits

Marginal note:Issuance
  •  (1) Except in the case of an application designated by order of the Governor in Council under section 119.07, the Board shall, on application to it and without holding a public hearing, issue a permit authorizing the exportation of electricity.

  • Marginal note:Information

    (2) The application must be accompanied by the information that under the regulations is to be furnished in connection with the application.

  • 1990, c. 7, s. 34.
Marginal note:Publication
  •  (1) The applicant shall publish a notice of the application in the Canada Gazette and such other publications as the Board considers appropriate.

  • Marginal note:Waiver

    (2) The Board may waive the requirement to publish a notice referred to in subsection (1) if the Board considers that there is a critical shortage of electricity outside Canada caused by terrorist activity within the meaning of subsection 83.01(1) of the Criminal Code.

  • 1990, c. 7, s. 34;
  • 2004, c. 15, s. 92.
Marginal note:Further information

 The Board may, within a reasonable time after the publication of the notice, require the applicant to furnish such information, in addition to that required to accompany the application, as the Board considers necessary to determine whether to make a recommendation pursuant to section 119.06.

  • 1990, c. 7, s. 34.
Marginal note:Delay of issuance
  •  (1) The Board may make a recommendation to the Minister, which it shall make public, that an application for exportation of electricity be designated by order of the Governor in Council under section 119.07, and may delay issuing a permit during such period as is necessary for the purpose of making such an order.

  • Marginal note:Criteria

    (2) In determining whether to make a recommendation, the Board shall seek to avoid the duplication of measures taken in respect of the exportation by the applicant and the government of the province from which the electricity is exported, and shall have regard to

    • (a) the effect of the exportation of the electricity on provinces other than that from which the electricity is to be exported;

    • (b) [Repealed, 2012, c. 19, s. 94]

    • (c) whether the applicant has

      • (i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale, and

      • (ii) given an opportunity to purchase electricity on terms and conditions as favourable as the terms and conditions specified in the application to those who, within a reasonable time after being so informed, demonstrate an intention to buy electricity for consumption in Canada; and

    • (d) such considerations as may be specified in the regulations.

  • 1990, c. 7, s. 34;
  • 2012, c. 19, s. 94.

Orders

Marginal note:Where licence required
  •  (1) The Governor in Council may make orders

    • (a) designating an application for exportation of electricity as an application in respect of which section 119.08 applies; and

    • (b) revoking any permit issued in respect of the exportation.

  • Marginal note:Exception

    (2) No order may be made under subsection (1) more than forty-five days after the issuance of a permit in respect of the application.

  • Marginal note:Effect of order

    (3) Where an order is made under subsection (1),

    • (a) no permit shall be issued in respect of the application; and

    • (b) any application in respect of the exportation shall be dealt with as an application for a licence.

  • 1990, c. 7, s. 34.

Issuance of Licences

Marginal note:Issuance
  •  (1) The Board may, subject to the approval of the Governor in Council, issue a licence for the exportation of electricity in relation to which an order made under section 119.07 is in force.

  • Marginal note:Criteria

    (2) In deciding whether to issue a licence, the Board shall have regard to

    • (a) the effect of the exportation of the electricity on provinces other than from which the electricity is to be exported;

    • (b) whether the applicant has

      • (i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale, and

      • (ii) given an opportunity to purchase electricity on terms and conditions as favourable as the terms and conditions specified in the application to those who, within a reasonable time after being so informed, demonstrate an intention to buy electricity for consumption in Canada; and

    • (c) any considerations that may be specified in the regulations.

  • Marginal note:Revocation of permit

    (3) Any permit issued in respect of an application for a permit for the exportation of electricity in relation to which an order made under section 119.07 is in force and that is not revoked by the order is revoked on the Board’s deciding not to issue a licence for that exportation.

  • 1990, c. 7, s. 34;
  • 2012, c. 19, s. 95.

Conditions of Permits and Licences

Marginal note:Terms and conditions
  •  (1) The Board may, on the issuance of a permit, make the permit subject to such terms and conditions respecting the matters prescribed by the regulations as the Board considers necessary or desirable in the public interest.

  • Marginal note:Idem

    (2) The Board may, on the issuance of a licence, make the licence subject to such terms and conditions as the Board may impose.

  • 1990, c. 7, s. 34.
Marginal note:Compliance

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

  • 1990, c. 7, s. 34.
Marginal note:Duration

 The term of a permit or licence is thirty years or such lesser term as is specified in the permit or licence.

  • 1990, c. 7, s. 34.
Marginal note:Revocation and suspension
  •  (1) The Board may revoke or suspend a permit or licence issued in respect of the exportation of electricity

    • (a) on the application or with the consent of the holder of the permit or licence; or

    • (b) where a holder of the permit or licence has contravened or failed to comply with a term or condition of the permit or licence.

  • Marginal note:Notice

    (2) The Board shall not revoke or suspend a permit or licence under paragraph (1)(b) unless the Board has

    • (a) sent a notice to the holder of the permit or licence specifying the term or condition that is alleged to have been contravened or not complied with; and

    • (b) given the holder of the permit or licence a reasonable opportunity to be heard.

  • 1990, c. 7, s. 34.

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations for carrying into effect the purposes and provisions of this Division, including regulations

  • (a) prescribing matters in respect of which terms and conditions of permits may be imposed;

  • (b) respecting

    • (i) the information to be furnished in connection with applications for permits,

    • (ii) units of measurement and measuring instruments or devices to be used in connection with the exportation of electricity, and

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

  • (c) specifying considerations to which the Board shall have regard in deciding whether to recommend to the Minister that an application for a permit for the exportation of electricity be designated by order of the Governor in Council under section 119.07; and

  • (d) specifying considerations to which the Board shall have regard in deciding whether to issue a licence for the exportation of electricity in relation to which an order made under section 119.07 is in force.

  • 1990, c. 7, s. 34;
  • 2012, c. 19, s. 96.
 
Date modified: