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

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

Marginal note:Confidentiality

 In any proceedings under this Act, the Board may take any measures and make any order that it considers necessary to ensure the confidentiality of any information likely to be disclosed in the proceedings if the Board is satisfied that

  • (a) disclosure of the information could reasonably be expected to result in a material loss or gain to a person directly affected by the proceedings, or could reasonably be expected to prejudice the person’s competitive position; or

  • (b) the information is financial, commercial, scientific or technical information that is confidential information supplied to the Board and

    • (i) the information has been consistently treated as confidential information by a person directly affected by the proceedings, and

    • (ii) the Board considers that the person’s interest in confidentiality outweighs the public interest in disclosure of the proceedings.

  • 1994, c. 10, s. 20.
Marginal note:Confidentiality

 In respect of any order, or in any proceedings, of the Board under this Act, the Board may take any measures and make any order that the Board considers necessary to ensure the confidentiality of information that is contained in the order or is likely to be disclosed in the proceedings if the Board is satisfied that

  • (a) there is a real and substantial risk that disclosure of the information will impair the security of pipelines, international power lines, buildings, structures or systems, including computer or communication systems, or methods employed to protect them; and

  • (b) the need to prevent disclosure of the information outweighs the public interest in disclosure of orders and proceedings of the Board.

  • 2004, c. 15, s. 82.
Marginal note:Participant funding program

 For the purposes of this Act, the Board may establish a participant funding program to facilitate the participation of the public in hearings that are held under section 24.

  • 2010, c. 12, s. 2149.

Orders and Decisions

Marginal note:Enforcement of Board orders
  •  (1) Any decision or order made by the Board may, for the purpose of enforcement thereof, be made a rule, order or decree of the Federal Court or of a superior court of a province and shall be enforced in like manner as a rule, order or decree of that court.

  • Marginal note:Procedure for enforcement

    (2) To make a decision or order of the Board a rule, order or decree of the Federal Court or a superior court, the usual practice and procedure of the court in such matters may be followed, or in lieu thereof the Secretary may produce to the court a certified copy of the decision or order under the seal of the Board and thereupon the decision or order becomes a rule, order or decree of the court.

  • R.S., c. N-6, s. 15;
  • R.S., c. 10(2nd Supp.), s. 64.
Marginal note:General or particular orders

 Where the Board may make or issue any order or direction or prescribe any terms or conditions or do any other thing in relation to any person, the Board may do so, either generally or in any particular case or class of cases.

  • R.S., 1985, c. N-7, s. 18;
  • 2007, c. 35, s. 152(E).
Marginal note:Conditional orders, etc.
  •  (1) Without limiting the generality of any provision of this Act that authorizes the Board to impose terms and conditions in respect of a certificate, licence or order issued by the Board, the Board may direct in any certificate, licence or order that it or any portion or provision thereof shall come into force at a future time or on the happening of any contingency, event or condition specified in the certificate, licence or order or on the performance to the satisfaction of the Board of any conditions that the Board may impose in the certificate, licence or order, and the Board may direct that the whole or any portion of the certificate, licence or order shall have force for a limited time or until the happening of a specified event.

  • Marginal note:Non-application

    (1.1) Subsection (1) does not apply in respect of an application for a certificate under Part III.

  • Marginal note:Interim orders

    (2) The Board may, instead of making an order final in the first instance, make an interim order, and may reserve its decision pending further proceedings in connection with any matter.

  • R.S., 1985, c. N-7, s. 19;
  • 2012, c. 19, s. 78.
Marginal note:Granting of relief may be partial
  •  (1) On any application made to the Board, the Board may make a decision or order granting the whole or part only of the application, or may grant such further or other related relief, in addition to or in lieu of that applied for, as to the Board may seem just and proper, to the same extent as if the application had been for such partial or related relief.

  • Marginal note:Non-application

    (2) Subsection (1) does not apply in respect of an application for a certificate under Part III.

  • R.S., 1985, c. N-7, s. 20;
  • 1990, c. 7, s. 9(E);
  • 2012, c. 19, s. 79.
Marginal note:Review, etc., of decisions and orders
  •  (1) Subject to subsection (2), the Board may review, vary or rescind any decision or order made by it or rehear any application before deciding it.

  • Marginal note:Variation of certificates, licences and permits

    (2) The Board may vary a certificate, licence or permit but the variation of a certificate or licence is not effective until approved by the Governor in Council.

  • Marginal note:Exception

    (3) This section does not apply to

  • R.S., 1985, c. N-7, s. 21;
  • 1990, c. 7, s. 10;
  • 1994, c. 10, s. 21.
Marginal note:Transfer of certificates and licences
  •  (1) A transfer of a certificate or licence is not effective until authorized by the Board, with the approval of the Governor in Council.

  • Marginal note:Idem

    (2) The Board may, in authorizing the transfer of a certificate or licence, impose, in addition to or in lieu of any terms and conditions to which the certificate or licence was previously subject, such further or other terms and conditions as the Board considers necessary or desirable in order to give effect to the purposes and provisions of this Act.

  • 1990, c. 7, s. 10.
Marginal note:Transfer of permits
  •  (1) A transfer of a permit is not effective until authorized by the Board.

  • Marginal note:Idem

    (2) The Board may, in authorizing the transfer of a permit, impose, in addition to or in lieu of any terms and conditions to which the permit was previously subject, such further or other terms and conditions respecting the matters prescribed by the regulations as the Board considers necessary or desirable in order to give effect to the purposes and provisions of this Act.

  • 1990, c. 7, s. 10.
Marginal note:Appeal to Federal Court of Appeal
  •  (1) An appeal lies from a decision or order of the Board to the Federal Court of Appeal on a question of law or of jurisdiction, after leave to appeal is obtained from that Court.

  • Marginal note:Application for leave to appeal

    (1.1) An application for leave to appeal must be made within thirty days after the release of the decision or order sought to be appealed from or within such further time as a judge of that Court under special circumstances allows.

  • Marginal note:Entry of appeal

    (2) No appeal lies after leave has been obtained under subsection (1) unless it is entered in the Federal Court of Appeal within sixty days from the making of the order granting leave to appeal.

  • Marginal note:Board may be heard

    (3) The Board is entitled to be heard by counsel or otherwise on the argument of an appeal.

  • Marginal note:Report not decision or order

    (4) For greater certainty, for the purpose of this section, no report submitted by the Board under section 52 or 53 — or under section 29 or 30 of the Canadian Environmental Assessment Act, 2012 — and no part of any such report, is a decision or order of the Board.

  • R.S., 1985, c. N-7, s. 22;
  • 1990, c. 7, s. 11;
  • 2012, c. 19, s. 80.
 
Date modified: