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

Act current to 2014-04-02 and last amended on 2014-04-01. Previous Versions

Marginal note:Construction or operation — navigable water

 No person shall construct or operate a pipeline that passes in, on, over, under through or across a navigable water unless a certificate has been issued, or an order has been made under section 58, in respect of the pipeline.

  • R.S., 1985, c. N-7, s. 109;
  • 1990, c. 7, s. 27;
  • 2012, c. 19, s. 91.
Marginal note:Effects of recommendation on navigation
  •  (1) In addition to any other factor that it considers appropriate, the Board shall take into account the effects that the issuance of a certificate in respect of a pipeline that passes in, on, over, under, through or across a navigable water might have on navigation, including safety of navigation, when making its recommendation in a report prepared under subsection 52(1).

  • Marginal note:Effects of decision on navigation

    (2) In addition to any other factor that it considers appropriate, the Board shall take into account the effects that its decision might have on navigation, including safety of navigation, when deciding whether to make an order, give a direction or grant a leave, approval or exemption in respect of a pipeline that passes in, on, over, under, through or across a navigable water.

  • R.S., 1985, c. N-7, s. 110;
  • 2012, c. 19, s. 91.
Marginal note:Pipeline not work

 Despite the definition “work” in section 2 of the Navigation Protection Act, a pipeline is not a work to which that Act applies.

  • R.S., 1985, c. N-7, s. 111;
  • 2001, c. 4, s. 105;
  • 2004, c. 25, s. 161;
  • 2012, c. 19, s. 91, c. 31, s. 349.
Marginal note:Regulations
  •  (1) The Governor in Council may, for purposes related to navigation, on the joint recommendation of the Minister and the Minister of Transport, make regulations respecting sections or parts of pipelines that pass in, on, over, under, through or across a navigable water, including regulations respecting

    • (a) their design, construction or operation;

    • (b) the making of deviations, changes or alterations to them;

    • (c) their diversion or relocation;

    • (d) the safety and security of their operation; and

    • (e) the abandonment of their operation.

  • Marginal note:Offence

    (2) Every person who contravenes a regulation made under subsection (1) is guilty of an offence punishable on summary conviction.

  • 2012, c. 19, s. 91.