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

Marginal note:Application of federal Act

58.27 Sections 32 to 45 and 48 and Part V, except sections 74, 76 to 78, 114 and 115, apply in respect of international and interprovincial power lines as if each reference in any of these provisions to

• (a) a “company” were a reference to the applicant for or holder of the certificate issued in respect of the line;

• (b) a “pipeline” or “line” were a reference to the international or interprovincial power line; and

• (c) “hydrocarbons” were a reference to electricity.

Marginal note:Application

58.28 Sections 58.29, 58.31 and 58.32 apply only in respect of

• (a) international power lines in respect of which an election is filed under section 58.23;

• (b) those portions of international power lines that are within a province in which no provincial regulatory agency is designated under section 58.17;

• (c) an international power line where the facility in question is within the legislative authority of Parliament;

• (d) in the case of section 58.29, an international power line that is to be constructed across, on, along or under a navigable water; and

• (e) interprovincial power lines in respect of which an order made under section 58.4 is in force.

Marginal note:Crossing other facilities

• 58.29 (1) Subject to section 58.33, no person shall, unless leave is first obtained from the appropriate authority, construct an international or interprovincial power line across, on, along or under a navigable water or a facility.

• Marginal note:Application for leave

  (2) On an application for leave under this section, the holder of the permit or certificate issued in respect of the line shall submit to the appropriate authority such plans and profiles and other information as the appropriate authority may require.

• Marginal note:Terms and conditions

  (3) The appropriate authority may, by order, grant the application in whole or in part and on such terms and conditions as the appropriate authority considers proper.

• Marginal note:Leave in emergency cases

  (4) The appropriate authority may grant leave under this section after construction of the proposed work has commenced if the appropriate authority is satisfied that the work was urgently required and, prior to the commencement of construction, the appropriate authority was notified of the intention of the holder of the permit or certificate issued in respect of the line to proceed with the proposed work.

• Definition of “appropriate authority”

  (5) In this section, “appropriate authority” means

  • (a) with respect to a navigable water, the Minister of Transport; and

  • (b) [Repealed, 1996, c. 10, s. 239]

  • (c) with respect to any other facility, the Board.