• (c) the circumstances in which or conditions under which leave from the Board under section 58.31 is not necessary.

• Marginal note:Exceptions

  (4) Subsections (1) to (3) do not apply to any of the following:

  • (a) in the case of a pipeline:

    • (i) anything done under leave obtained under subsection 108(2) or (5) in respect of the pipeline,

    • (ii) any section or part of the pipeline that passes on, over, along or under a utility, as defined in subsection 108(6), if a certificate has been issued, or an order has been made under section 58, in respect of the pipeline and the certificate or order contains a term or condition relating to that utility,

    • (iii) any section or part of the pipeline that passes in, on, over, under, through or across a navigable water if a certificate has been issued, or an order has been made under section 58, in respect of the pipeline, and

    • (iv) anything done under any leave obtained under section 108 at any time before the coming into force of this subsection, as that section read from time to time before the coming into force of this subsection; and

  • (b) in the case of a power line to which this section applies by reason of section 58.38:

    • (i) anything done under leave obtained under subsection 58.28(2) or (5) in respect of the power line,

    • (ii) in the case of a power line that is an interprovincial power line in respect of which an order made under section 58.4 is in force,

      • (A) any section or part of the power line that passes on, over, along or under a facility if a certificate has been issued in respect of the power line and the certificate contains a term or condition relating to that facility, or

      • (B) any section or part of the power line that passes in, on, over, under, through or across a navigable water if a certificate has been issued in respect of the power line,

    • (iii) in the case of a power line that is an international power line,

      • (A) any section or part of the power line that passes on, over, along or under a facility if a permit referred to in section 58.11, or a certificate, has been issued in respect of the power line and the permit or certificate contains a term or condition relating to that facility, or

      • (B) any section or part of the power line that passes in, on, over, under, through or across a navigable water if a permit referred to in section 58.11, or a certificate, has been issued in respect of the power line, and

    • (iv) anything done under any leave obtained under section 108 at any time before the coming into force of this subsection, as that section read from time to time before the coming into force of this subsection.

Marginal note:Construction — utility

• 108. (1) Subject to subsection (4), no company shall construct a pipeline that passes on, over, along or under a utility unless a certificate has been issued, or an order has been made under section 58, in respect of the pipeline, and

  • (a) the certificate or order contains a term or condition relating to that utility;

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

  • (c) the company is constructing the pipeline 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 company leave to construct a pipeline that passes on, over, along or under a utility. It may require from the applicant any plans, profiles and other information that it considers necessary to deal with 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 is satisfied that the work was urgently required and, before the commencement of construction, it was notified of the company’s intention to proceed with the proposed work.

• Definition of “utility”

  (6) In this section, “utility” means 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.

Marginal note:Construction or operation — navigable water

109. No person shall construct or operate a pipeline that passes in, on, over, under through or across a navigable water unless a certificate has been issued, or an order has been made under section 58, in respect of the pipeline.

Marginal note:Effects of recommendation on navigation

• 110. (1) In addition to any other factor that it considers appropriate, the Board shall take into account the effects that the issuance of a certificate in respect of a pipeline that passes in, on, over, under, through or across a navigable water might have on navigation, including safety of navigation, when making its recommendation in a report prepared under subsection 52(1).

• Marginal note:Effects of decision on navigation

  (2) 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 make an order, give a direction or grant a leave, approval or exemption in respect of a pipeline that passes in, on, over, under, through or across a navigable water.

Marginal note:Pipeline not work

111. Despite the definition “work” in section 2 of the Navigable Waters Protection Act, a pipeline is not a work to which that Act applies.

Marginal note:Regulations

• 111.1 (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 pipelines 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:Existing terms and conditions

• 111.2 (1) Terms and conditions in respect of a pipeline that were, at any time before the coming into force of this section, imposed under section 108, as that section read from time to time before the coming into force of this section, are considered to be terms and conditions set out in the certificate issued, or order made under section 58, as the case may be, in respect of the pipeline.

• Marginal note:Construction without leave

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

Marginal note:Offence and punishment

• 111.3 (1) Every person who contravenes subsection 108(1), section 109 or subsection 111.2(2) 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.

Marginal note:If pipeline affixed to any real property or immovables

• 111.4 (1) Despite this Act or any other general or Special Act or law to the contrary, if any section or part of a pipeline passes on, over, along or under a utility, as defined in subsection 108(6) — or passes in, on, over or under a navigable water — and that section or part of the pipeline has been affixed to any real property or immovable in any of the circumstances referred to in subsection (2),

  • (a) that section or part of the pipeline remains subject to the rights of the company and remains the property of the company as fully as it was before being so affixed and does not become part of the real property or immovable of any person other than the company unless otherwise agreed by the company in writing and unless notice of the agreement in writing has been filed with the Secretary; and

  • (b) subject to the provisions of this Act, the company may create a lien, mortgage, charge or other security, or the company may constitute a hypothec, on that section or part of the pipeline.

• Marginal note:Circumstances

  (2) The following are the circumstances for the purposes of subsection (1):

  • (a) in the case of the pipeline:

    • (i) leave has been obtained under subsection 108(2) or (5) in respect of the pipeline,

    • (ii) the certificate issued, or the order made under section 58, in respect of the pipeline contains a term or condition relating to the utility,

    • (iii) the pipeline has been constructed in circumstances specified in an order or regulation made under subsection 108(4),

    • (iv) a certificate has been issued, or an order has been made under section 58, in respect of the pipeline and the pipeline passes in, on, over or under a navigable water, and

    • (v) leave has been obtained under section 108 in respect of the pipeline at any time before the coming into force of this subsection, as that section read from time to time before the coming into force of this subsection; and

  • (b) in the case of the power line to which this section applies by reason of section 58.27,

    • (i) leave has been obtained under subsection 58.28(2) or (5) in respect of the power line,

    • (ii) the permit referred to in section 58.11, or the certificate, issued in respect of the power line contains a term or condition relating to that utility,

    • (iii) the power line has been constructed in circumstances specified in an order or regulation made under subsection 58.28(4),

    • (iv) a permit referred to in section 58.11, or a certificate, has been issued in respect of the power line and the power line passes in, on, over or under a navigable water, and

    • (v) leave has been obtained under section 108 in respect of the power line at any time before the coming into force of this subsection, as that section read from time to time before the coming into force of this subsection.