Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)

• Marginal note:Time limit

  (4) If an application for an order under subsection (1) is made, the Board shall, within the time limit specified by the Chairperson, either make an order under that subsection or dismiss the application.

• Marginal note:Maximum time limit and obligation to make it public

  (5) The time limit specified by the Chairperson must be no longer than 15 months after the day on which the applicant has, in the opinion of the Board, provided a complete application. The Board shall make the time limit public.

• Marginal note:Environmental assessment

  (6) If the application relates to a designated project within the meaning of section 2 of the Canadian Environmental Assessment Act, 2012, the Board shall also, within the time limit,

  • (a) prepare a report, as required by paragraph 22(b) of that Act, with respect to its environmental assessment of the designated project; and

  • (b) comply with subsections 27(1) and 54(1) of that Act with respect to that assessment.

• Marginal note:Excluded period — applicant

  (7) If the Board requires the applicant to provide information or undertake a study with respect to the pipeline or anything referred to in paragraph (1)(b) to which the application relates 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

  (8) The Board shall make public the dates of the beginning and ending of the period referred to in subsection (7) as soon as each of them is known.

• Marginal note:Excluded period — Governor in Council

  (9) If the Board has referred a matter to the Governor in Council under subsection 52(2) of the Canadian Environmental Assessment Act, 2012, the period that begins on the day on which the reference is made and ends on the day on which the Governor in Council makes a decision in relation to the matter is not included in the calculation of the time limit.

• Marginal note:Extension

  (10) 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:Continuation of jurisdiction and obligation

  (11) A failure by the Board to comply with subsection (4) within the required time limit does not affect its jurisdiction to deal with the application or its obligation to make the order or to dismiss the application, and anything done by it in relation to the application remains valid.

Marginal note:Application of certain provisions

• 58.27 (1) Sections 32 to 45 and 48 and Part V, except sections 74, 76 to 78, 108 to 111.3, 114 and 115, apply in respect of international and interprovincial power lines referred to in section 58.24 as if each reference in any of those provisions to

  • (a) a “company” were a reference to the applicant for or holder of the certificate issued in respect of the line;

  • (b) a “pipeline” or “line” were a reference to the international or interprovincial power line; and

  • (c) “hydrocarbons” were a reference to electricity.

• Marginal note:Application of section 45 — navigable waters

  (2) If a deviation, change or alteration is required to be made to a portion of an international power line by the holder of a permit or certificate issued in respect of the power line and the deviation, change or alteration passes in, on, over, under, through or across a navigable water, section 45 also applies to that portion of the power line as if each reference in that section to

  • (a) a “company” were a reference to the holder of the permit or certificate; and

  • (b) a “pipeline” were a reference to the international power line.

Marginal note:Application of certain provisions

58.271 Sections 32 to 45 and 48 and Part V, except sections 74, 76 to 78, 108 to 111.3, 114 and 115, apply in respect of international power lines in respect of which a certificate was issued, or an order made under subsection 58(2), before June 1, 1990 as if each reference in any of those provisions to

• (a) a “company” were a reference to the applicant for or holder of the certificate issued in respect of the line;

• (b) a “pipeline” or “line” were a reference to the international power line; and

• (c) “hydrocarbons” were a reference to electricity.

Marginal note:Construction — facility

• 58.28 (1) Subject to subsection (4), no person shall construct an international or interprovincial power line that passes on, over, along or under a facility unless a permit referred to in section 58.11, or a certificate, has been issued in respect of the power line and

  • (a) the permit or certificate contains a term or condition relating to that facility;

  • (b) the person has been granted leave under subsection (2); or

  • (c) the person is constructing the power line in circumstances specified in an order or regulation made under subsection (4).

• Marginal note:Authority to grant leave

  (2) The Board may, by order, on application, grant a person leave to construct an international or interprovincial power line that passes on, over, along or under a facility. It may require from the applicant any plans, profiles and other information that it considers necessary to consider the application.

• Marginal note:Terms and conditions

  (3) The leave may be granted in whole or in part and be subject to terms and conditions.

• Marginal note:Circumstances

  (4) The Board may make orders or regulations specifying circumstances for the purposes of paragraph (1)(c).

• Marginal note:Leave in emergency cases

  (5) The Board may grant leave under subsection (2) after construction of the proposed work has commenced if it is satisfied that the work was urgently required and, before the commencement of construction, it was notified of the person’s intention to proceed with the proposed work.

Marginal note:Construction or operation — navigable water

58.29 No person shall construct or operate an interprovincial power line in respect of which an order made under section 58.4 is in force — or an international power line — that passes in, on, over, under, through or across a navigable water unless a permit referred to in section 58.11 or a certificate has been issued in respect of the power line.

Marginal note:Effects on navigation

58.3 In addition to any other factor that it considers appropriate, the Board shall take into account the effects that its decision might have on navigation, including safety of navigation, when deciding whether to issue a certificate or permit, make an order, give a direction or grant a leave, approval or exemption in respect of an interprovincial power line in respect of which an order made under section 58.4 is in force — or an international power line — that passes in, on, over, under, through or across a navigable water.

Marginal note:Power lines not works

58.301 Despite the definition “work” in section 2 of the Navigable Waters Protection Act, neither an interprovincial power line in respect of which an order made under section 58.4 is in force nor an international power line is a work to which that Act applies.

Marginal note:Regulations

• 58.302 (1) The Governor in Council may, for purposes related to navigation, on the joint recommendation of the Minister and the Minister of Transport, make regulations respecting sections or parts of interprovincial power lines in respect of which orders made under section 58.4 are in force — or sections or parts of international power lines — that pass in, on, over, under, through or across a navigable water, including regulations respecting

  • (a) their design, construction or operation;

  • (b) the making of deviations, changes or alterations to them;

  • (c) their diversion or relocation;

  • (d) the safety and security of their operation; and

  • (e) the abandonment of their operation.

• Marginal note:Offence

  (2) Every person who contravenes a regulation made under subsection (1) is guilty of an offence punishable on summary conviction.

Marginal note:Application

• 58.303 (1) Sections 58.28, 58.31 and 58.32 apply only in respect of

  • (a) international power lines in respect of which an election is filed under section 58.23;

  • (b) those portions of international power lines that are within a province in which no provincial regulatory agency is designated under section 58.17;

  • (c) international power lines where the facility in question is within the legislative authority of Parliament; and

  • (d) interprovincial power lines in respect of which an order made under section 58.4 is in force.

• Marginal note:Application of section 58.31 — navigable waters

  (2) Section 58.31 also applies in respect of the portion of an international power line for which a permit or certificate is in force that passes in, on, over, under, through or across a navigable water.

• Marginal note:Application of section 58.32 — navigable waters

  (3) Section 58.32 also applies in respect of an international power line for which a permit or certificate is in force if the Board is of the opinion that the diversion or relocation of the power line in, on, over, under, through or across a navigable water is necessary to facilitate the construction, reconstruction or relocation of a facility.

Marginal note:Existing terms and conditions

• 58.304 (1) Terms and conditions in respect of any international or interprovincial power line that were, at any time before the coming into force of this section, imposed under section 58.29 or 108, as that section read from time to time before the coming into force of this section — or imposed by the Minister of Transport under the Navigable Waters Protection Act — apply as if they were terms and conditions set out in the certificate or permit, as the case may be, issued in respect of the power line.

• Marginal note:Construction without leave

  (2) If, at any time before the coming into force of this section, the Minister of Transport had provided, under section 58.3 or 108, as that section read from time to time before the coming into force of this section, that leave under that section 58.3 or 108, as the case may be, was not necessary because the power line was to be constructed in accordance with certain orders, regulations, plans and specifications, no person shall construct the power line otherwise than in accordance with those orders, regulations, plans and specifications or as specified by the Board.

• Marginal note:Construction without leave

  (3) If, at any time before the coming into force of this section, the Board had provided, under section 58.33 or 108, as that section read from time to time before the coming into force of this section, that leave under section 58.29 or 108, as the case may be, as that section read from time to time before the coming into force of this section, was not necessary because the power line was to be constructed in accordance with certain orders or regulations, no person shall construct the power line otherwise than in accordance with those orders or regulations or as specified by the Board.

Marginal note:Offence and punishment

• 58.305 (1) Every person who contravenes subsection 58.28(1), section 58.29 or subsection 58.304(2) or (3) is guilty of an offence and is liable

  • (a) on summary conviction, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding one year or to both; or

  • (b) on conviction on indictment, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years or to both.

• Marginal note:Application of subsections 121(2) to (5)

  (2) Subsections 121(2) to (5) apply, with any modifications that the circumstances require, in respect of an offence under this section.