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

Marginal note:Advance of compensation

105. Where a company has been granted an immediate right to enter any lands under subsection 104(1), the owner of the lands is entitled to receive from the company an amount as an advance of the compensation referred to in subsection 88(1) and where the owner has not received an advance or is not agreeable to the amount of the advance offered by the company, the owner may serve a notice of arbitration on the company and on the Minister requesting that the matter be determined by arbitration.

Marginal note:Vesting and registration

106. An order under subsection 104(1) granting to a company an immediate right to enter any lands

• (a) shall be deemed to vest in the company any title, interest or right in the lands in respect of which the order is granted that is specified in the order; and

• (b) shall be deposited in, and shall be registered, recorded or filed, as the case requires, by the registrar of deeds of, the land registry or land titles office in which land transactions affecting those lands may be deposited, registered, recorded or filed.

Marginal note:Regulations

107. The Minister may, with the approval of the Governor in Council, make regulations

• (a) prescribing, in addition to the matters specified in paragraphs 86(2)(a) to (e), other matters that shall be included in a land acquisition agreement between a company and an owner of lands;

• (b) providing for substituted service of any notice required to be served under section 34 or under this Part;

• (c) prescribing the form of notices under this Part;

• (d) governing the conduct of proceedings at public hearings held by an Arbitration Committee; and

• (e) generally for carrying out the purposes and provisions of this Part.

Marginal note:Definitions

• 108. (1) In this section and sections 110 and 111,

  “appropriate authority”

  « autorité compétente »

  “appropriate authority” means

  • (a) with respect to a navigable water, the Minister of Transport, and

  • (b) [Repealed, 1996, c. 10, s. 244]

  • (c) with respect to any other utility, the Board;

  “utility”

  « installation de service public »

  “utility” means a navigable water, a highway, an irrigation ditch, a publicly owned or operated drainage system, sewer or dike, an underground telegraph or telephone line or a line for the transmission of hydrocarbons, electricity or any other substance.

• Marginal note:Construction of pipeline over other utilities

  (2) The pipeline of a company may, if leave is first obtained from the appropriate authority, be carried across any utility and for that purpose may be constructed on, along or under any such utility.

• Marginal note:Application for leave

  (3) On an application for leave under this section, a company shall submit to the appropriate authority such plans and profiles and other information as the appropriate authority may require.

• Marginal note:Terms

  (4) The appropriate authority may, by order, grant the application in whole or in part and on such terms and conditions as the appropriate authority considers proper.

• Marginal note:Construction without leave

  (5) The appropriate authority may provide that leave under this section is not necessary if the pipeline is constructed in accordance with the orders, regulations, plans and specifications made, adopted or approved by the appropriate authority for those purposes.

• Marginal note:Exception

  (5.1) The Board may make orders or regulations prescribing the circumstances in which or conditions under which leave under this section is not necessary to carry a pipeline across a utility other than a navigable water or a railway.

• Marginal note:Leave in emergency cases

  (6) The appropriate authority may grant leave under this section after construction of the proposed work has commenced if the appropriate authority is satisfied that the work was urgently required and, prior to the commencement of construction, the appropriate authority was notified of the company’s intention to proceed with the proposed work.