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National Energy Board Act

Version of section 6 from 2012-07-06 to 2016-06-18:


Marginal note:Chairman and Vice-Chairman

  •  (1) The Governor in Council shall designate one of the members to be Chairperson of the Board and another of the members to be Vice-chairperson of the Board.

  • Marginal note:Chairperson’s duties

    (2) The Chairperson is the chief executive officer of the Board. The Chairperson apportions work among the members and, if the Board sits in a panel, assigns members to the panel and a member to preside over it. The Chairperson also has supervision over and direction of the work of the Board’s staff.

  • Marginal note:Directives regarding timeliness

    (2.1) To ensure that an application before the Board is dealt with in a timely manner, the Chairperson may issue directives to the members authorized to deal with the application regarding the manner in which they are to do so.

  • Marginal note:Measures to meet time limit

    (2.2) If the Chairperson is of the opinion that a time limit imposed under any of sections 52, 58 and 58.16 is not likely to be met in respect of an application, the Chairperson may take any measure that the Chairperson considers appropriate to ensure that the time limit is met, including

    • (a) removing any or all members of the panel authorized to deal with the application;

    • (b) authorizing one or more members to deal with the application;

    • (c) increasing or decreasing the number of members dealing with the application; and

    • (d) specifying the manner in which section 55.2 is to be applied in respect of the application.

  • Marginal note:Clarification

    (2.3) For greater certainty, the power referred to in subsection (2.2) includes the power to designate a single member, including the Chairperson, as the sole member who is authorized to deal with the application.

  • Marginal note:Effects of measure

    (2.4) If the composition of the panel dealing with an application is changed as a result of any measure taken under subsection (2.2),

    • (a) evidence and representations received by the Board in relation to the application before the taking of the measure are considered to have been received after the taking of the measure; and

    • (b) the Board is bound by every decision made by the Board in relation to the application before the taking of the measure unless the Board elects to review, vary or rescind it.

  • Marginal note:Inconsistencies

    (2.5) In the event of any inconsistency between any directive issued under subsection (2.1) or measure taken under subsection (2.2) and any rule made under section 8, the directive or measure prevails to the extent of the inconsistency.

  • Marginal note:Vice-chairperson’s duties

    (3) If the Chairperson is absent or unable to act or if the office is vacant, the Vice-chairperson has all the Chairperson’s powers and functions.

  • Marginal note:Acting Chairperson

    (4) The Board may authorize one or more of its members to act as Chairperson for the time being in the event that the Chairperson and Vice-chairperson are absent or unable to act or if the offices are vacant.

  • (5) [Repealed, 1990, c. 7, s. 4]

  • R.S., 1985, c. N-7, s. 6
  • 1990, c. 7, s. 4
  • 2012, c. 19, s. 71

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