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

Marginal note:Where licence required

• 119.07 (1) The Governor in Council may make orders

  • (a) designating an application for exportation of electricity as an application in respect of which section 119.08 applies; and

  • (b) revoking any permit issued in respect of the exportation.

• Marginal note:Exception

  (2) No order may be made under subsection (1) more than forty-five days after the issuance of a permit in respect of the application.

• Marginal note:Effect of order

  (3) Where an order is made under subsection (1),

  • (a) no permit shall be issued in respect of the application; and

  • (b) any application in respect of the exportation shall be dealt with as an application for a licence.

Marginal note:Issuance

• 119.08 (1) The Board may, subject to the approval of the Governor in Council, issue a licence for the exportation of electricity in relation to which an order made under section 119.07 is in force.

• Marginal note:Criteria

  (2) In deciding whether to issue a licence, the Board shall have regard to

  • (a) the effect of the exportation of the electricity on provinces other than from which the electricity is to be exported;

  • (b) whether the applicant has

    • (i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale, and

    • (ii) given an opportunity to purchase electricity on terms and conditions as favourable as the terms and conditions specified in the application to those who, within a reasonable time after being so informed, demonstrate an intention to buy electricity for consumption in Canada; and

  • (c) any considerations that may be specified in the regulations.

• Marginal note:Revocation of permit

  (3) Any permit issued in respect of an application for a permit for the exportation of electricity in relation to which an order made under section 119.07 is in force and that is not revoked by the order is revoked on the Board’s deciding not to issue a licence for that exportation.

Marginal note:Terms and conditions

• 119.09 (1) The Board may, on the issuance of a permit, make the permit subject to such terms and conditions respecting the matters prescribed by the regulations as the Board considers necessary or desirable in the public interest.

• Marginal note:Idem

  (2) The Board may, on the issuance of a licence, make the licence subject to such terms and conditions as the Board may impose.