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

Act current to 2014-09-15 and last amended on 2014-04-01. Previous Versions

Marginal note:Quorum and functions
  •  (1) Three members of an Arbitration Committee constitute a quorum and may perform any function of the Committee and, when performing such a function, have all the powers and jurisdiction of the Committee.

  • Marginal note:Signature on decisions, etc.

    (2) All decisions, orders, notices, directions and other documents made, given or issued by an Arbitration Committee shall be signed by its Chairperson.

  • Marginal note:Powers with respect to witnesses, etc.

    (3) An Arbitration Committee has, with respect to the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its decisions or orders and other matters necessary or proper for the due exercise of its jurisdiction, all such powers, rights and privileges as are vested in a superior court of record.

  • Marginal note:Records to be kept

    (4) An Arbitration Committee shall cause records to be kept of its hearings and proceedings and shall deposit its records with the Minister when the activities of the Committee to which the records relate have ceased.

  • Marginal note:Written decisions

    (5) The decisions of an Arbitration Committee shall be in writing and shall contain reasons therefor.

  • R.S., 1985, c. N-7, s. 93;
  • 2012, c. 19, s. 99(E).
Marginal note:Hearings and inspection of property

 An Arbitration Committee may

  • (a) hold hearings at such times and places as it considers expedient; and

  • (b) enter on and inspect, or authorize any person to enter on and inspect, any land, building, works or other property associated with any matter referred to the Committee.

  • 1980-81-82-83, c. 80, s. 5.
Marginal note:Commencement of proceedings

 When a notice of arbitration is served on an Arbitration Committee, the Committee shall

  • (a) fix a suitable time and place for a hearing in order to determine all compensation matters referred to in the notice; and

  • (b) serve notice of the hearing on the parties to which the hearing relates.

  • 1980-81-82-83, c. 80, s. 5.
Marginal note:Termination of Arbitration Committee

 The Minister may terminate the appointment of the members of an Arbitration Committee if the Minister is satisfied that the Committee has no arbitration work to carry out.

  • 1980-81-82-83, c. 80, s. 5.
Marginal note:Determination of compensation
  •  (1) An Arbitration Committee shall determine all compensation matters referred to in a notice of arbitration served on it and in doing so shall consider the following factors where applicable:

    • (a) the market value of the lands taken by the company;

    • (b) where annual or periodic payments are being made pursuant to an agreement or an arbitration decision, changes in the market value referred to in paragraph (a) since the agreement or decision or since the last review and adjustment of those payments, as the case may be;

    • (c) the loss of use to the owner of the lands taken by the company;

    • (d) the adverse effect of the taking of the lands by the company on the remaining lands of an owner;

    • (e) the nuisance, inconvenience and noise that may reasonably be expected to be caused by or arise from or in connection with the operations of the company;

    • (f) the damage to lands in the area of the lands taken by the company that might reasonably be expected to be caused by the operations of the company;

    • (g) loss of or damage to livestock or other personal property or movable affected by the operations of the company;

    • (h) any special difficulties in relocation of an owner or his property; and

    • (i) such other factors as the Committee considers proper in the circumstances.

  • Definition of “market value”

    (2) For the purpose of paragraph (1)(a), “market value” is the amount that would have been paid for the lands if, at the time of their taking, they had been sold in the open market by a willing seller to a willing buyer.

  • R.S., 1985, c. N-7, s. 97;
  • 2004, c. 25, s. 159.