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National Energy Board Act

Version of section 108 from 2002-12-31 to 2013-07-02:


Marginal note:Definitions

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    • (b) [Repealed, 1996, c. 10, s. 244]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

    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. (installation de service public)

  • 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.

  • R.S., 1985, c. N-7, s. 108
  • R.S., 1985, c. 28 (3rd Supp.), s. 359
  • 1990, c. 7, s. 26
  • 1996, c. 10, s. 244

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