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

Act current to 2014-10-27 and last amended on 2014-04-01. Previous Versions

Marginal note:Report of negotiator

 A negotiator shall, within sixty days after the commencement of the negotiation proceedings, report to the Minister the success or failure of the negotiations and shall thereupon send a copy of the report to both parties.

  • 1980-81-82-83, c. 80, s. 5.

Arbitration Proceedings

Marginal note:Request for arbitration
  •  (1) Where a company or an owner of lands wishes to dispense with negotiation proceedings under this Part or where negotiation proceedings conducted under this Part do not result in settlement of any compensation matter referred to in subsection 88(1), the company or the owner may serve notice of arbitration on the other of them and on the Minister requesting that the matter be determined by arbitration.

  • Marginal note:Where subsequent disputes not settled

    (2) Where a company and a person who has had an award of compensation made in his favour or has entered into an agreement respecting compensation with the company are unable to settle any claim for damages arising out of the operations of the company or any matter respecting the compensation payable where annual or other periodic payments have been selected, the company or the person may serve notice of arbitration on the other of them and on the Minister requesting that the matter be determined by arbitration.

  • 1980-81-82-83, c. 80, s. 5.
Marginal note:Duties of Minister
  •  (1) Where the Minister is served with a notice of arbitration under this Part, the Minister shall,

    • (a) if an Arbitration Committee exists to deal with the matter referred to in the notice, forthwith serve the notice on that Committee; or

    • (b) if no Arbitration Committee exists to deal with the matter, forthwith appoint an Arbitration Committee and serve the notice on that Committee.

  • Marginal note:Exception

    (2) The Minister shall not take any action under subsection (1) where the Minister is satisfied that the matter referred to in a notice of arbitration served on the Minister is a matter

    • (a) solely related to the amount of compensation that has been previously awarded by an Arbitration Committee and that, under the award, the amount is not subject to a review at the time the notice is served; or

    • (b) to which the arbitration procedures set out in this Part do not apply.

  • Marginal note:Appointment of Committee without notice

    (3) The Minister may, of his own motion and without having been served with a notice of arbitration referred to in subsection (1), appoint an Arbitration Committee.

  • 1980-81-82-83, c. 80, s. 5.
Marginal note:Membership
  •  (1) An Arbitration Committee shall consist of not less than three members appointed by the Minister each of whom shall receive such remuneration as is fixed by the Minister with the approval of the Governor in Council.

  • Marginal note:Settlement land or Tetlit Gwich’in Yukon land

    (1.1) One member of an Arbitration Committee appointed to determine a compensation matter involving land referred to in section 78.1 must be a member nominated by the Yukon first nation concerned or the Gwich’in Tribal Council, as the case may be.

  • Marginal note:Exclusion of certain persons as members

    (2) No member of the Board or officer or employee of the Board shall be appointed a member of an Arbitration Committee.

  • Marginal note:Designation of Chairperson

    (3) The Minister shall designate one member of an Arbitration Committee to be its Chairperson.

  • Marginal note:Appointment of persons to assist

    (4) The Minister may appoint such persons as the Minister deems necessary to assist an Arbitration Committee in carrying out its duties under this Part.

  • Marginal note:Acting Chairperson

    (5) If the Chairperson of an Arbitration Committee is absent or unable to act or if the office is vacant, the other members of the Committee may authorize one of its members to act as Chairperson during the absence or incapacity of the Chairperson or vacancy in the office.

  • Marginal note:Expenses

    (6) Each member of an Arbitration Committee is entitled to be paid reasonable travel and other expenses incurred in the performance of his duties while away from his ordinary place of residence.

  • R.S., 1985, c. N-7, s. 92;
  • 1994, c. 43, s. 88;
  • 2012, c. 19, s. 99(E).