Marginal note:Limitations on pipelines

• 4.01 (1) A holder of an authorization under paragraph 5(1)(b) to construct or operate a pipeline shall not, without the leave of the National Energy Board,

  • (a) sell, transfer or lease to any person its pipeline, in whole or in part;

  • (b) purchase or lease any pipeline from any person;

  • (c) enter into an agreement for amalgamation with any person; or

  • (d) abandon the operation of a pipeline.

• Definition of “pipeline”

  (2) For the purposes of paragraph (1)(b), “pipeline” includes a pipeline as defined in section 2 or any other pipeline.

• Marginal note:Exception

  (3) Despite paragraph (1)(a), leave shall only be required if the holder sells, transfers or leases any part of its pipeline that is capable of being operated for the transmission of oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas.

Marginal note:Delegation

4.1 The National Energy Board may delegate any of its powers under section 5, 5.02, 5.03, 5.11, 5.12 or 27 to any person, and the person shall exercise those powers in accordance with the terms of the delegation.

Marginal note:Licences and authorizations

• 5. (1) The National Energy Board may, on application made in the form and containing the information fixed by the National Energy Board, and made in the prescribed manner, issue

  • (a) an operating licence; and

  • (b) an authorization with respect to each work or activity proposed to be carried on.

• Marginal note:Term and renewals

  (2) An operating licence expires on the thirty-first day of March immediately after the day on which it is issued and may be renewed for successive periods not exceeding one year each.

• Marginal note:Requirements for operating licence

  (3) An operating licence shall be subject to such requirements as the National Energy Board determines or as may be prescribed and to such fees and deposits as are prescribed.

• Marginal note:Requirements for authorization

  (4) An authorization shall be subject to such approvals as the National Energy Board determines or as may be granted in accordance with the regulations and such requirements and deposits as the National Energy Board determines or as may be prescribed, including

  • (a) requirements relating to liability for loss, damage, costs or expenses;

  • (b) requirements for the carrying out of environmental programs or studies; and

  • (c) requirements for the payment of expenses incurred by the National Energy Board in approving the design, construction and operation of production facilities and production platforms as those terms are defined in the regulations.

• Marginal note:Suspension or revocation

  (5) The National Energy Board may suspend or revoke an operating licence or an authorization for failure to comply with, contravention of or default in respect of

  • (a) a requirement, approval, fee or deposit subject to which the licence or authorization was issued;

  • (b) a requirement undertaken in a declaration referred to in subsection 5.11(1) or (2);

  • (c) subsection 5.11(3), 5.12(2) or 27(1.1); or

  • (d) any applicable regulation.

• Marginal note:Variation

  (6) The terms of an operating licence or authorization may be varied under section 28.3 of the National Energy Board Act.