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

Act current to 2014-12-08 and last amended on 2014-10-31. Previous Versions

Marginal note:Decisions
  •  (1) An Arbitration Committee shall, forthwith after rendering its decision in an arbitration proceeding, forward by registered mail to the company and to each other party to the proceeding a certified copy of the decision.

  • Marginal note:Power to amend, etc.

    (2) An Arbitration Committee may review, rescind, amend or substitute a decision of an Arbitration Committee but nothing in this subsection shall be construed as authorizing an Arbitration Committee to rescind, amend or substitute the amount of compensation awarded by an Arbitration Committee unless the amount is, under the award, subject to a review after a period of time specified in the award and the period of time has expired.

  • 1980-81-82-83, c. 80, s. 5.
Marginal note:Appeals

 A decision, order or direction of an Arbitration Committee may, on a question of law or a question of jurisdiction, be appealed to the Federal Court within thirty days after the day on which the decision, order or direction is made, given or issued or within such further time as that Court or a judge thereof under special circumstances may allow.

  • R.S., 1985, c. N-7, s. 101;
  • 2002, c. 8, s. 183.
Marginal note:Enforcement of decisions

 A decision, order or direction of an Arbitration Committee may, for the purpose of enforcement thereof, be made a rule, order or decree of the Federal Court or of a superior court in any province and shall be enforced in the same manner as a rule, order or decree of that court.

  • 1980-81-82-83, c. 80, s. 5.
Marginal note:Agreements supersede Committee decisions

 Where, at any time after a decision of an Arbitration Committee has been made in respect of lands acquired by a company, the parties affected thereby enter into a land acquisition agreement referred to in subsection 86(2), the agreement supersedes the decision of the Committee.

  • 1980-81-82-83, c. 80, s. 5.

Right of Entry

Marginal note:Immediate right of entry
  •  (1) Subject to subsection (2), the Board may, on application in writing by a company, if the Board considers it proper to do so, issue an order to the company granting it an immediate right to enter any lands on such terms and conditions, if any, as the Board may specify in the order.

  • Marginal note:Where immediate right of entry prohibited

    (2) An order under subsection (1) shall not be issued in respect of any lands unless the company making the application for the order satisfies the Board that the owner of the lands has, not less than thirty days and not more than sixty days prior to the date of the application, been served with a notice setting out

    • (a) the date the company intends to make its application to the Board under subsection (1);

    • (b) the date the company wishes to enter the lands;

    • (c) the address of the Board to which any objection in writing that the owner might wish to make concerning the issuance of the order may be sent; and

    • (d) a description of the right of the owner to an advance of compensation under section 105 if the order is issued and the amount of the advance that the company is prepared to make.

  • 1980-81-82-83, c. 80, s. 5.