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

Act current to 2017-12-11 and last amended on 2016-06-19. Previous Versions

Marginal note:Report
  •  (1) If the Board is of the opinion that an application for a certificate in respect of a pipeline is complete, it shall prepare and submit to the Minister, and make public, a report setting out

    • (a) its recommendation as to whether or not the certificate should be issued for all or any portion of the pipeline, taking into account whether the pipeline is and will be required by the present and future public convenience and necessity, and the reasons for that recommendation; and

    • (b) regardless of the recommendation that the Board makes, all the terms and conditions that it considers necessary or desirable in the public interest to which the certificate will be subject if the Governor in Council were to direct the Board to issue the certificate, including terms or conditions relating to when the certificate or portions or provisions of it are to come into force.

  • Marginal note:Factors to consider

    (2) In making its recommendation, the Board shall have regard to all considerations that appear to it to be directly related to the pipeline and to be relevant, and may have regard to the following:

    • (a) the availability of oil, gas or any other commodity to the pipeline;

    • (b) the existence of markets, actual or potential;

    • (c) the economic feasibility of the pipeline;

    • (d) the financial responsibility and financial structure of the applicant, the methods of financing the pipeline and the extent to which Canadians will have an opportunity to participate in the financing, engineering and construction of the pipeline; and

    • (e) any public interest that in the Board’s opinion may be affected by the issuance of the certificate or the dismissal of the application.

  • Marginal note:Environmental assessment

    (3) If the application relates to a designated project within the meaning of section 2 of the Canadian Environmental Assessment Act, 2012, the report must also set out the Board’s environmental assessment prepared under that Act in respect of that project.

  • Marginal note:Time limit

    (4) The report must be submitted to the Minister within the time limit specified by the Chairperson. The specified time limit must be no longer than 15 months after the day on which the applicant has, in the Board’s opinion, provided a complete application. The Board shall make the time limit public.

  • Marginal note:Excluded period

    (5) If the Board requires the applicant to provide information or undertake a study with respect to the pipeline and the Board, with the Chairperson’s approval, states publicly that this subsection applies, the period that is taken by the applicant to comply with the requirement is not included in the calculation of the time limit.

  • Marginal note:Public notice of excluded period

    (6) The Board shall make public the dates of the beginning and ending of the period referred to in subsection (5) as soon as each of them is known.

  • Marginal note:Extension

    (7) The Minister may, by order, extend the time limit by a maximum of three months. The Governor in Council may, on the recommendation of the Minister, by order, further extend the time limit by any additional period or periods of time.

  • Marginal note:Minister’s directives

    (8) To ensure that the report is prepared and submitted in a timely manner, the Minister may, by order, issue a directive to the Chairperson that requires the Chairperson to

    • (a) specify under subsection (4) a time limit that is the same as the one specified by the Minister in the order;

    • (b) issue a directive under subsection 6(2.1), or take any measure under subsection 6(2.2), that is set out in the order; or

    • (c) issue a directive under subsection 6(2.1) that addresses a matter set out in the order.

  • Marginal note:Order binding

    (9) Orders made under subsection (7) are binding on the Board and those made under subsection (8) are binding on the Chairperson.

  • Marginal note:Publication

    (10) A copy of each order made under subsection (8) must be published in the Canada Gazette within 15 days after it is made.

  • Marginal note:Report is final and conclusive

    (11) Subject to sections 53 and 54, the Board’s report is final and conclusive.

  • R.S., 1985, c. N-7, s. 52;
  • 1990, c. 7, s. 18;
  • 1996, c. 10, s. 238;
  • 2012, c. 19, s. 83.
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