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

Act current to 2014-11-11 and last amended on 2014-10-31. Previous Versions

RELATED PROVISIONS

  • — 1990, c. 7, s. 44

    •  

      • Part III certificates

        44. A certificate issued under the National Energy Board Act in respect of an international power line before the coming into force of this section shall be deemed to have been issued under section 58.16 of that Act even though no order is made under section 58.15 of that Act in relation to the line.

  • — 1990, c. 7, s. 45

    •  

      • Part III orders

        45. An order made under subsection 58(2) of the National Energy Board Act before the coming into force of section 22 of this Act shall be deemed to be a permit issued under Part III.1 of that Act that is subject to the terms and conditions specified in the order regardless of whether they are in respect of matters prescribed by the regulations made under that Act.

  • — 1990, c. 7, s. 47

    •  

      • Previously issued licences

        47. A licence issued under the National Energy Board Act in respect of the exportation of electricity before the coming into force of Division II of Part VI of that Act, as enacted by section 34 of this Act, shall be deemed to have been issued under section 119.08 of that Act even though no order is made under section 119.07 of that Act in respect of the exportation of electricity.

  • — 1990, c. 7, s. 48

    •  

      • Previously made orders

        48. An order made under section 7 of the National Energy Board Part VI Regulations shall be deemed to be a permit issued under Part VI of the National Energy Board Act that is subject to the terms and conditions specified in the order regardless of whether they are in respect of matters prescribed by the regulations made under that Act.

  • — 1991, c. 27, s. 3

    •  

      • Transitional

        3. Notwithstanding subsections 3(5) and 7(1) of the National Energy Board Act, as they read on the day on which this Act is assented to, a member may change residence, and the Board may move its head office, for the purpose of being in compliance with those subsections on the coming into force of sections 1 and 2 of this Act.

  • — 1996, c. 10, s. 245

    • Continuation of certificates
      • 245. (1) Where, immediately before the coming into force of section 183, there is in force in respect of a major pipeline a permit, within the meaning of Part VI of the National Transportation Act, 1987, as that Act read at that time, subject to the National Energy Board Act, the permit continues in force in respect of the pipeline and is deemed to be a leave to open the pipeline granted under section 47 of the National Energy Board Act and a certificate issued under section 52 of that Act.

      • (2) Where, immediately before the coming into force of section 183, there is in force in respect of a minor pipeline a permit, within the meaning of Part VI of the National Transportation Act, 1987, as that Act read at that time, subject to the National Energy Board Act, the permit continues in force and is deemed to be an order under subsection 58(1) of the National Energy Board Act exempting the pipeline from the provisions of sections 29 to 33 and 47 of that Act.

  • — 2012, c. 19, s. 100

    • Definitions

      100. The following definitions apply in this section and sections 101 to 109.

      “Board”

      « Office »

      “Board” means the National Energy Board established by section 3 of the other Act.

      “Chairperson”

      Version anglaise seulement

      “Chairperson” means the Chairperson of the National Energy Board.

      “commencement day”

      « entrée en vigueur »

      “commencement day” means the day on which this section and sections 68 to 85, 89, 90, 92 to 97, 99 and 101 to 114 come into force.

      “designated project”

      « projet désigné »

      “designated project” means a project that is considered to be a designated project under subsection 126(1) of the Canadian Environmental Assessment Act, 2012.

      “Minister responsible for the other Act”

      « ministre responsable de l’autre loi »

      “Minister responsible for the other Act” means the member of the Queen’s Privy Council for Canada that is designated by the Governor in Council as the Minister for the purposes of the other Act.

      “other Act”

      « autre loi »

      “other Act” means the National Energy Board Act.

  • — 2012, c. 19, s. 101

    • Application of subsections 6(2) and (2.1) and 11(4) and section 16

      101. Subsections 6(2) and (2.1) of the other Act, as enacted by subsection 71(2), subsection 11(4) of the other Act, as enacted by section 74, and section 16 of the other Act, as amended by section 77, also apply in respect of proceedings that were before the Board immediately before the commencement day and that continue after that day.

  • — 2012, c. 19, s. 102

    • Section 52 application — no agreement

      102. If an application for a certificate under section 52 of the other Act was before the Board immediately before the commencement day and no final decision in respect of the application had been made before that day and no agreement had been entered into with the Board under section 40 of the Canadian Environmental Assessment Act before that day in respect of the pipeline to which the application relates, sections 52 to 55.2 of the other Act, as enacted by section 83, apply in respect of the application, as though the application had been made on that day.

  • — 2012, c. 19, s. 103

    • Section 52 application — substitution

      103. If an application for a certificate under section 52 of the other Act was before the Board immediately before the commencement day and no final decision in respect of the application had been made before that day and, before that day, the Board’s process for assessing environmental effects had been approved as a substitute under subsection 43(1) of the Canadian Environmental Assessment Act, sections 52 to 55.2 of the other Act, as enacted by section 83, apply in respect of the application, as though the application had been made on that day.

  • — 2012, c. 19, s. 104

    • Section 52 application — review panel
      • 104. (1) Subsections (2) to (9) apply in respect of an application for a certificate under section 52 of the other Act if

        • (a) the application was made before the commencement day;

        • (b) a review panel had been jointly established before that day under an agreement entered into under subsection 40(2) of the Canadian Environmental Assessment Act in relation to the pipeline to which the application relates; and

        • (c) no final decision in respect of the application had been made before that day.

      • Sections 52 to 55.2

        (2) Subject to subsection (3) and (5) to (9), sections 52 to 55.2 of the other Act, as enacted by section 83, apply in respect of the application, as though it had been made on the commencement day.

      • Subsection 52(3)

        (3) Unless subsection (8) or (9) applies, the reference in subsection 52(3) of the other Act, as enacted by section 83, to the Board is to be read as a reference to the review panel.

      • Canadian Environmental Assessment Act, 2012

        (4) For the purposes of the environmental assessment under the Canadian Environmental Assessment Act, 2012 of the designated project to which the application relates,

        • (a) sections 47 and 48 of that Act are to be read as follows:

          • Governor in Council’s decision
            • 47. (1) The Governor in Council, after taking into account the review panel’s report with respect to the environmental assessment, must make decisions under subsection 52(1).

            • Studies and collection of information

              (2) Before making decisions referred to in subsection 52(1), the Governor in Council may, by order, direct the National Energy Board to require the proponent of the designated project to collect any information or undertake any studies that, in the Governor in Council’s opinion, are necessary for the Governor in Council to make decisions.

            • Publication

              (3) A copy of the order must be published in the Canada Gazette within 15 days after it is made.

          • Excluded periods
            • 48. (1) If the review panel under subsection 44(2) requires the proponent of the designated project to collect information or undertake a study with respect to the designated project and the review panel, with the approval of the Chairperson of the National Energy Board, states publicly that this subsection applies, the period that is taken by the proponent, in the opinion of the review panel, to comply with the requirement under subsection 44(2) is not included in the calculation of the period referred to in paragraph 38(3)(b) that is established under subsection 126(4).

            • Excluded periods

              (2) If the National Energy Board, acting under an order made under subsection 47(2), requires a proponent of the designated project to collect information or undertake a study with respect to the designated project, the period that is taken by the proponent, in the opinion of the National Energy Board, to comply with the requirement is not included in the calculation of the period referred to in paragraph 38(3)(c) that is established under subsection 126(4).

        • (b) section 54 of that Act is to be read as follows:

          • Decision statement
            • 54. (1) The National Energy Board must issue a decision statement to the proponent of a designated project that

              • (a) informs the proponent of the designated project of the decisions made under paragraphs 52(1)(a) and (b), and under subsection 52(4), if that subsection applies, in relation to the designated project; and

              • (b) includes any conditions that are established under section 53 in relation to the designated project and that must be complied with by the proponent.

            • Extension of time limit

              (2) The Governor in Council may extend the time limits established under subsection 126(4) by any further period.

            • Public notice of extension

              (3) The National Energy Board must make public any extension granted under subsection (2).

            • Excluded period

              (4) If the National Energy Board, acting under an order made under subsection 47(2), requires a proponent of the designated project to collect information or undertake a study with respect to the designated project, the period that is taken by the proponent, in the opinion of the National Energy Board, to comply with the requirement is not included in the calculation of the period referred to in subsection 126(2) that is established under subsection 126(4).

      • Time limit

        (5) The time limit established under subsection 126(4) of the Canadian Environmental Assessment Act, 2012 for the submission of the review panel’s report with respect to the environmental assessment of the designated project to which the application relates is to be considered, despite the period of 15 months referred to in subsection 52(4) of the other Act, as enacted by section 83, to be the time limit specified by the Chairperson under that subsection 52(4).

      • Extension

        (6) If a time limit is extended under subsection 52(7) of the other Act, as enacted by section 83, the same extension is considered to have been made under subsection 54(2) of the Canadian Environmental Assessment Act, 2012, as that subsection reads by reason of paragraph (4)(b).

      • Extension

        (7) If a time limit is extended under subsection 54(4) of the Canadian Environmental Assessment Act, 2012, as that subsection reads by reason of paragraph (4)(b), the same extension is considered to have been made under subsection 52(7) of the other Act, as enacted by section 83.

      • Exercise of Chairperson’s powers

        (8) If a time limit is considered by virtue of subsection (5) to have been specified by the Chairperson under subsection 52(4) of the other Act, as enacted by section 83, and the Minister of the Environment and the Chairperson are of the opinion that the time limit is not likely to be met, the Chairperson may exercise any of the Chairperson’s powers under subsection 6(2.2) of the other Act, as enacted by subsection 71(2). If any of those powers are exercised,

        • (a) for greater certainty, subsections 6(2.3) to (2.5), as enacted by that subsection 71(2), apply; and

        • (b) the Minister of the Environment is considered to have terminated, under subsection 49(2) of the Canadian Environmental Assessment Act, 2012, the review panel’s environmental assessment of the designated project to which the application relates.

      • Exercise of Minister’s powers

        (9) If the review panel’s environmental assessment of the designated project to which the application relates is terminated by the Minister of the Environment under subsection 49(1) or (2) of the Canadian Environmental Assessment Act, 2012, or is considered to have been terminated under subsection (8),

        • (a) despite section 50 of that Act, the Board shall complete the environmental assessment of the designated project and prepare a report with respect to the environmental assessment; and

        • (b) section 51 of that Act is to be read as follows in respect of that designated project:

          • Governor in Council’s decision

            51. The Governor in Council, after taking into account the report with respect to the environmental assessment of the designated project, must make decisions under subsection 52(1).

  • — 2012, c. 19, s. 105

    • Application before Board — section 58

      105. Subsections 58(4) to (11) of the other Act, as enacted by section 84, apply in respect of each application for an order under section 58 of the other Act that was before the Board immediately before the commencement day and in respect of which no final decision had been made before that day, as though the application had been made on that day.

  • — 2012, c. 19, s. 106

    • Application before Board — section 58.16

      106. Subsections 58.16(4) to (13) of the other Act, as enacted by subsection 85(2), apply in respect of each application to which subsection 58.16(1) of the other Act applies that was before the Board immediately before the commencement day and in respect of which no final decision had been made before that day, as though the application had been made on that day.

  • — 2012, c. 19, s. 107

    • Time limit
      • 107. (1) Within 14 days after the commencement day, in respect of each application to which any of sections 102, 103, 105 and 106 applies that the Chairperson considers to have been complete before that day, specify a time limit for the Board to comply with subsection 52(1), 58(4) or 58.16(4) of the other Act, as the case may be, as enacted, respectively, by sections 83 and 84 and subsection 85(2). The Board shall also make that time limit public.

      • Clarification

        (2) The time limit specified under subsection (1) may be longer than the 15-month period referred to in subsection 52(4), 58(5) or 58.16(4) of the other Act, as the case may be, as enacted, respectively, by sections 83 and 84 and subsection 85(2), if the Chairperson considers it appropriate in the circumstances, but it must be no longer than 15 months after the commencement day.

      • Chairperson’s powers

        (3) To ensure that a time limit specified under subsection (1) is met, the Chairperson may exercise any of the Chairperson’s powers under subsection 6(2.2) of the other Act, as enacted by subsection 71(2). For greater certainty, subsections 6(2.3) to (2.5) of the other Act, as enacted by that subsection 71(2), apply if any of those powers are exercised.

  • — 2012, c. 19, s. 108

    • Chairman

      108. The person who holds the office of Chairman of the Board immediately before the commencement day continues in office as the Chairperson of the Board until the earlier of the expiry of the person’s term as a member of the Board and the designation of another member of the Board as its Chairperson.

  • — 2012, c. 19, s. 109

    • Vice-Chairman

      109. The person who holds the office of Vice-Chairman of the Board immediately before the commencement day continues in office as the Vice-chairperson of the Board until the earlier of the expiry of the person’s term as a member of the Board and the designation of another member of the Board as its Vice-chairperson.