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 IIIImplementation of Free Trade Agreements

 [Repealed, 1997, c. 14, s. 83]

Marginal note:Definitions

 The definitions in this section apply in this Division.

CCFTA

ALÉCC

CCFTA has the same meaning as “Agreement” in the Canada-Chile Free Trade Agreement Implementation Act. (ALÉCC)

CCRFTA

ALÉCCR

CCRFTA has the same meaning as “Agreement” in the Canada—Costa Rica Free Trade Agreement Implementation Act. (ALÉCCR)

energy goods

produits énergétiques

energy goods means any goods for the exportation of which a licence or permit issued under this Part or an order made under the regulations is required. (produits énergétiques)

NAFTA

ALÉNA

NAFTA has the same meaning as “Agreement” in the North American Free Trade Agreement Implementation Act. (ALÉNA)

  • R.S., 1985, c. N-7, s. 120;
  • 1988, c. 65, s. 143;
  • 1990, c. 7, s. 38;
  • 1993, c. 44, s. 188;
  • 1997, c. 14, s. 83;
  • 2001, c. 28, s. 55.
Marginal note:Giving effect to NAFTA, CCFTA and CCRFTA
  •  (1) In exercising its powers and performing its duties, the Board shall give effect to NAFTA, CCFTA and CCRFTA.

  • Marginal note:Orders

    (2) The Governor in Council may, either on the recommendation of the Minister made at the request of the Board or on the Governor in Council’s own motion, make orders of general application respecting the manner in which the Board shall perform the duty imposed on it by subsection (1) or the interpretation to be given to NAFTA, CCFTA or CCRFTA by the Board for the purposes of this Act.

  • Marginal note:Effect of orders

    (3) An order made under subsection (2) is binding on the Board from the time it comes into force and, unless otherwise provided therein, applies in respect of matters pending before the Board at that time.

  • Marginal note:Request of Board

    (4) The Board may, in order to request the making of an order under subsection (2), suspend the determination of any matter of which it is seized.

  • 1993, c. 44, s. 188;
  • 1997, c. 14, s. 84;
  • 2001, c. 28, s. 56.
Marginal note:Declaration of Governor in Council

 The Governor in Council may, by order, declare that the maintenance or introduction of a restriction on the exportation to the United States, Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods is justified under Article 605 of NAFTA, Article C-13 of CCFTA or Article III.11 of CCRFTA, as the case may be.

  • 1993, c. 44, s. 188;
  • 1997, c. 14, s. 85;
  • 2001, c. 28, s. 57.
Marginal note:Board may request declaration

 If, in the course of determining an application for a licence or permit, or determining whether to make an order, for the exportation to the United States, Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods, the Board considers that the maintenance or introduction of a restriction on that exportation is in the public interest and that subparagraph (a), (b) or (c) of Article 605 of NAFTA, subparagraph 1(a), (b) or (c) of Article C-13 of CCFTA or subparagraph 1(a), (b) or (c) of Article III.11 of CCRFTA, as the case may be, would apply as a consequence of the restriction, the Board may, in order to request that the Minister recommend to the Governor in Council that an order be made under section 120.2 in respect of the relevant energy goods, suspend the determination until not later than one hundred and twenty days after the request is made.

  • 1993, c. 44, s. 188;
  • 1997, c. 14, s. 85;
  • 2001, c. 28, s. 57.
Marginal note:Exportation to United States, Chile or Costa Rica
  •  (1) The Board may neither refuse to issue a licence or permit or make an order nor revoke, suspend or vary a licence, permit or order for the exportation to the United States, Chile or Costa Rica of energy goods or of any quality, kind or class of energy goods if that refusal, revocation, suspension or variation would constitute the maintenance or introduction of a restriction on that exportation as a consequence of which subparagraph (a), (b) or (c) of Article 605 of NAFTA, subparagraph 1(a), (b) or (c) of Article C-13 of CCFTA or subparagraph 1(a), (b) or (c) of Article III.11 of CCRFTA, as the case may be, would apply.

  • Marginal note:Effect of orders

    (2) Subsection (1) does not apply in respect of the exportation to the United States, Chile or Costa Rica of such energy goods as are, or of such quality, kind or class of energy goods as is, referred to in an order made under section 120.2 during the time that the order is in force.

  • Marginal note:Revocation, etc. on consent

    (3) Notwithstanding subsection (1), the Board may revoke, suspend or vary a licence, permit or order on the application or with the consent of its holder.

  • 1993, c. 44, s. 188;
  • 1997, c. 14, s. 86;
  • 2001, c. 28, s. 58.
Marginal note:Where no declaration made

 The Board may, despite its not being satisfied in accordance with section 118, issue a licence for the exportation to the United States, Chile or Costa Rica of such energy goods as were, or of such quality, kind or class of energy goods as was, referred to in a request made under section 120.3 if

  • (a) the Minister declines to recommend to the Governor in Council that an order be made under section 120.2;

  • (b) the Governor in Council declines to make the order; or

  • (c) no order is made within one hundred and twenty days after the making of the request.

  • 1993, c. 44, s. 188;
  • 1997, c. 14, s. 87;
  • 2001, c. 28, s. 59;
  • 2012, c. 19, s. 97.

DIVISION IVOffences, Punishment and Enforcement

Marginal note:Offence and punishment
  •  (1) Every person who contravenes any of the provisions of this Part or the regulations made under this Part 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:Officers, etc., of corporation

    (2) If a corporation commits an offence under this Part, any officer or director, or agent or mandatary, of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

  • Marginal note:Proof of offence

    (3) In any prosecution for an offence under this Part, it is sufficient proof of the offence to show that it was committed by an employee, or an agent or a mandatary, of the accused, whether or not the employee, or agent or mandatary, is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

  • Marginal note:Continuing offence

    (4) Where an offence under this Part is committed on more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.

  • Marginal note:Limitation

    (5) Proceedings by way of summary conviction in respect of an offence under this Part may be instituted at any time within but not later than one year after the time when the subject-matter of the proceedings arose.

  • R.S., 1985, c. N-7, s. 121;
  • 2004, c. 25, s. 162.
Marginal note:Powers of certain officers

 An officer as defined in the Customs Act has, in respect of the exportation or importation of oil or gas, all the powers of an officer under the Customs Act and, except to the extent that they are inconsistent with any regulations made under this Part relating to the immediate disposition of oil or gas seized, the provisions of that Act and any regulations made under that Act respecting search, detention, seizure, forfeiture, condemnation and disposition apply, with such modifications as the circumstances require, to oil or gas tendered for export or import or exported or imported or otherwise dealt with contrary to this Part.

  • R.S., 1985, c. N-7, s. 122;
  • R.S., 1985, c. 1 (2nd Supp.), s. 213.

PART VIIInterprovincial Oil and Gas Trade

Interpretation

Marginal note:Definitions

 In this Part,

designated oil or gas

pétrole ou gaz désigné

designated oil or gas means oil or gas, or both, or any quality or kind thereof, that is the subject of an order made pursuant to subsection 124(1); (pétrole ou gaz désigné)

designated province or area

région désignée

designated province or area means a province or the offshore area or both, as referred to in an order made pursuant to subsection 124(1); (région désignée)

movement

acheminement

movement, in respect of oil or gas, excludes an export thereof; (acheminement)

offshore area

zone extracôtière

offshore area means Sable Island or any area of land not within a province that belongs to Her Majesty in right of Canada or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources and that is situated in submarine areas in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada. (zone extracôtière)

  • R.S., 1985, c. N-7, s. 123;
  • 1996, c. 31, s. 91;
  • 2004, c. 25, s. 163(F).
 
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