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

Act current to 2014-06-12 and last amended on 2014-04-01. Previous Versions

Marginal note:Diversions and relocations
  •  (1) The Board may, on such terms and conditions as it considers proper, direct the holder of a permit or certificate issued in respect of an international or interprovincial power line to divert or relocate the power line if the Board is of the opinion that the diversion or relocation is necessary to facilitate the construction, reconstruction or relocation of a facility.

  • Marginal note:Costs of diversion or relocation

    (2) The Board may direct by whom and to whom the costs of the diversion or relocation shall be paid.

  • Marginal note:Procedures

    (3) The Board shall not make a direction under subsection (1) unless the procedures set out in sections 34 to 38 have been complied with in respect of the section or part to be diverted or relocated.

  • Marginal note:Idem

    (4) The Board may order the holder of a permit or certificate issued in respect of an international or interprovincial power line to carry out such of the procedures set out in sections 34 to 38 as the holder would be required to carry out if the holder had prepared and submitted to the Board a plan, profile and book of reference pursuant to subsection 33(1).

  • Marginal note:Application of certain provisions

    (5) Sections 34 to 38 apply in respect of any matter related to the carrying out of the procedures set out in those sections as if each reference in those sections to

    • (a) a “company” were a reference to the holder of the permit or certificate issued in respect of the international or interprovincial power line; and

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

  • Marginal note:Costs of representations to Board

    (6) The Board may fix such amount as it considers reasonable in respect of the actual costs reasonably incurred by any person who made representations to the Board under this section and may direct by whom and to whom the amount so fixed shall be paid.

  • 1990, c. 7, s. 23.
Marginal note:Orders and regulations

 The Board may make orders or regulations governing

  • (a) the design, construction, operation and abandonment of facilities constructed across, on, along or under power lines;

  • (b) the measures to be taken by any person in relation to

    • (i) the construction of facilities across, on, along or under power lines,

    • (ii) the construction of power lines across, on, along or under facilities, other than railways, and

    • (iii) excavations within thirty metres of power lines; and

  • (c) the circumstances in which or conditions under which leave from the Board under section 58.31 is not necessary.

  • 1990, c. 7, s. 23;
  • 2012, c. 19, s. 88.