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

Act current to 2016-01-25 and last amended on 2015-06-23. Previous Versions

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.

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.
 
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