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

Marginal note:Jurisdiction

• 12. (1) The Board has full and exclusive jurisdiction to inquire into, hear and determine any matter

  • (a) where it appears to the Board that any person has failed to do any act, matter or thing required to be done by this Act or by any regulation, certificate, licence or permit, or any order or direction made by the Board, or that any person has done or is doing any act, matter or thing contrary to or in contravention of this Act, or any such regulation, certificate, licence, permit, order or direction; or

  • (b) where it appears to the Board that the circumstances may require the Board, in the public interest, to make any order or give any direction, leave, sanction or approval that by law it is authorized to make or give, or with respect to any matter, act or thing that by this Act or any such regulation, certificate, licence, permit, order or direction is prohibited, sanctioned or required to be done.

• Marginal note:Idem

  (1.1) The Board may inquire into any accident involving a pipeline or international power line or other facility the construction or operation of which is regulated by the Board and may, at the conclusion of the inquiry, make

  • (a) findings as to the cause of the accident or factors contributing to it;

  • (b) recommendations relating to the prevention of future similar accidents; or

  • (c) any decision or order that the Board can make.

• Marginal note:Matters of law and fact

  (2) For the purposes of this Act, the Board has full jurisdiction to hear and determine all matters, whether of law or of fact.

Marginal note:Mandatory orders

13. The Board may

• (a) order and require any person to do, forthwith, or within or at any specified time and in any manner prescribed by the Board, any act, matter or thing that such person is or may be required to do under this Act, or any regulation, certificate, licence or permit, or any order or direction made or given under this Act; and

• (b) forbid the doing or continuing of any act, matter or thing that is contrary to this Act or any such regulation, certificate, licence, permit, order or direction.

Marginal note:Delegation

14. The Board may delegate to one or more of its members, either jointly or severally, all or any of its powers, duties and functions under this Act, except those under subsection 45(3), section 46, 47, 48, 52, 54, 56, 58, 58.11, 58.14, 58.16, 58.32, 58.35, 58.37 or 129 or under Part IV, VI or VII.

Marginal note:Powers of member authorized to report

• 15. (1) The Board or the Chairman may authorize one or more of its members to report to the Board on any question or matter arising in connection with the business of or any application or proceeding before the Board, and the member so authorized has all the powers of the Board for the purpose of taking evidence or acquiring the necessary information for the purpose of making the report and the recommendations contained in it as to the decision or order of the Board to be made on the question or matter.

• Marginal note:Not a quorum

  (1.1) Notwithstanding subsection 7(2) of this Act and paragraph 22(2)(a) of the Interpretation Act, three or more members authorized to report to the Board pursuant to subsection (1) do not constitute a quorum of the Board.

• Marginal note:Board to deal with report

  (2) When a report is made to the Board under subsection (1), it may be adopted as the decision or order of the Board or otherwise dealt with as the Board considers advisable.

• Marginal note:Board may act on own motion

  (3) The Board may of its own motion inquire into, hear and determine any matter or thing that under this Act it may inquire into, hear and determine.