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

Act current to 2014-04-02 and last amended on 2014-04-01. Previous Versions

Marginal note:Application of certain provisions
  •  (1) Sections 32 to 45 and 48 and Part V, except sections 74, 76 to 78, 108 to 111.3, 114 and 115, apply in respect of international and interprovincial power lines referred to in section 58.24 as if each reference in any of those 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 of section 45 — navigable waters

    (2) If a deviation, change or alteration is required to be made to a portion of an international power line by the holder of a permit or certificate issued in respect of the power line and the deviation, change or alteration passes in, on, over, under, through or across a navigable water, section 45 also applies to that portion of the power line as if each reference in that section to

    • (a) a “company” were a reference to the holder of the permit or certificate; and

    • (b) a “pipeline” were a reference to the international power line.

  • 1990, c. 7, s. 23;
  • 2012, c. 19, s. 86.
Marginal note:Application of certain provisions

 Sections 32 to 45 and 48 and Part V, except sections 74, 76 to 78, 108 to 111.3, 114 and 115, apply in respect of international power lines in respect of which a certificate was issued, or an order made under subsection 58(2), before June 1, 1990 as if each reference in any of those 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 power line; and

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

  • 2012, c. 19, s. 86.

Diversions, Relocations, Crossings and Abandonments

Marginal note:Construction — facility
  •  (1) Subject to subsection (4), no person shall construct an international or interprovincial power line that passes on, over, along or under a facility unless a permit referred to in section 58.11, or a certificate, has been issued in respect of the power line and

    • (a) the permit or certificate contains a term or condition relating to that facility;

    • (b) the person has been granted leave under subsection (2); or

    • (c) the person is constructing the power line in circumstances specified in an order or regulation made under subsection (4).

  • Marginal note:Authority to grant leave

    (2) The Board may, by order, on application, grant a person leave to construct an international or interprovincial power line that passes on, over, along or under a facility. It may require from the applicant any plans, profiles and other information that it considers necessary to consider the application.

  • Marginal note:Terms and conditions

    (3) The leave may be granted in whole or in part and be subject to terms and conditions.

  • Marginal note:Circumstances

    (4) The Board may make orders or regulations specifying circumstances for the purposes of paragraph (1)(c).

  • Marginal note:Leave in emergency cases

    (5) The Board may grant leave under subsection (2) after construction of the proposed work has commenced if it is satisfied that the work was urgently required and, before the commencement of construction, it was notified of the person’s intention to proceed with the proposed work.

  • 1990, c. 7, s. 23;
  • 2012, c. 19, s. 87.