Marginal note:Terminology — Chairman

99. The English version of the Act is amended by replacing “Chairman” with “Chairperson” in the following provisions:

• (a) subsection 4(1);

• (b) subsection 15(1);

• (c) subsections 92(3) and (5); and

• (d) subsection 93(2).

Transitional Provisions

Marginal note:Definitions

100. The following definitions apply in this section and sections 101 to 109.

“Board”

« Office »

“Board” means the National Energy Board established by section 3 of the other Act.

“Chairperson”

Version anglaise seulement

“Chairperson” means the Chairperson of the National Energy Board.

“commencement day”

« entrée en vigueur »

“commencement day” means the day on which this section and sections 68 to 85, 89, 90, 92 to 97, 99 and 101 to 114 come into force.

“designated project”

« projet désigné »

“designated project” means a project that is considered to be a designated project under subsection 126(1) of the Canadian Environmental Assessment Act, 2012.

“Minister responsible for the other Act”

« ministre responsable de l’autre loi »

“Minister responsible for the other Act” means the member of the Queen’s Privy Council for Canada that is designated by the Governor in Council as the Minister for the purposes of the other Act.

“other Act”

« autre loi »

“other Act” means the National Energy Board Act.

Marginal note:Application of subsections 6(2) and (2.1) and 11(4) and section 16

101. Subsections 6(2) and (2.1) of the other Act, as enacted by subsection 71(2), subsection 11(4) of the other Act, as enacted by section 74, and section 16 of the other Act, as amended by section 77, also apply in respect of proceedings that were before the Board immediately before the commencement day and that continue after that day.

Marginal note:Section 52 application — no agreement

102. If an application for a certificate under section 52 of the other Act was before the Board immediately before the commencement day and no final decision in respect of the application had been made before that day and no agreement had been entered into with the Board under section 40 of the Canadian Environmental Assessment Act before that day in respect of the pipeline to which the application relates, sections 52 to 55.2 of the other Act, as enacted by section 83, apply in respect of the application, as though the application had been made on that day.

Marginal note:Section 52 application — substitution

103. If an application for a certificate under section 52 of the other Act was before the Board immediately before the commencement day and no final decision in respect of the application had been made before that day and, before that day, the Board’s process for assessing environmental effects had been approved as a substitute under subsection 43(1) of the Canadian Environmental Assessment Act, sections 52 to 55.2 of the other Act, as enacted by section 83, apply in respect of the application, as though the application had been made on that day.

Marginal note:Section 52 application — review panel

• 104. (1) Subsections (2) to (9) apply in respect of an application for a certificate under section 52 of the other Act if

  • (a) the application was made before the commencement day;

  • (b) a review panel had been jointly established before that day under an agreement entered into under subsection 40(2) of the Canadian Environmental Assessment Act in relation to the pipeline to which the application relates; and

  • (c) no final decision in respect of the application had been made before that day.

• Marginal note:Sections 52 to 55.2

  (2) Subject to subsection (3) and (5) to (9), sections 52 to 55.2 of the other Act, as enacted by section 83, apply in respect of the application, as though it had been made on the commencement day.

• Marginal note:Subsection 52(3)

  (3) Unless subsection (8) or (9) applies, the reference in subsection 52(3) of the other Act, as enacted by section 83, to the Board is to be read as a reference to the review panel.

• Marginal note:Canadian Environmental Assessment Act, 2012

  (4) For the purposes of the environmental assessment under the Canadian Environmental Assessment Act, 2012 of the designated project to which the application relates,

  • (a) sections 47 and 48 of that Act are to be read as follows:

    Marginal note:Governor in Council’s decision

    • 47. (1) The Governor in Council, after taking into account the review panel’s report with respect to the environmental assessment, must make decisions under subsection 52(1).

    • Marginal note:Studies and collection of information

      (2) Before making decisions referred to in subsection 52(1), the Governor in Council may, by order, direct the National Energy Board to require the proponent of the designated project to collect any information or undertake any studies that, in the Governor in Council’s opinion, are necessary for the Governor in Council to make decisions.

    • Marginal note:Publication

      (3) A copy of the order must be published in the Canada Gazette within 15 days after it is made.

    Marginal note:Excluded periods

    • 48. (1) If the review panel under subsection 44(2) requires the proponent of the designated project to collect information or undertake a study with respect to the designated project and the review panel, with the approval of the Chairperson of the National Energy Board, states publicly that this subsection applies, the period that is taken by the proponent, in the opinion of the review panel, to comply with the requirement under subsection 44(2) is not included in the calculation of the period referred to in paragraph 38(3)(b) that is established under subsection 126(4).

    • Marginal note:Excluded periods

      (2) If the National Energy Board, acting under an order made under subsection 47(2), requires a proponent of the designated project to collect information or undertake a study with respect to the designated project, the period that is taken by the proponent, in the opinion of the National Energy Board, to comply with the requirement is not included in the calculation of the period referred to in paragraph 38(3)(c) that is established under subsection 126(4).

  • (b) section 54 of that Act is to be read as follows:

    Marginal note:Decision statement

    • 54. (1) The National Energy Board must issue a decision statement to the proponent of a designated project that

      • (a) informs the proponent of the designated project of the decisions made under paragraphs 52(1)(a) and (b), and under subsection 52(4), if that subsection applies, in relation to the designated project; and

      • (b) includes any conditions that are established under section 53 in relation to the designated project and that must be complied with by the proponent.

    • Marginal note:Extension of time limit

      (2) The Governor in Council may extend the time limits established under subsection 126(4) by any further period.

    • Marginal note:Public notice of extension

      (3) The National Energy Board must make public any extension granted under subsection (2).

    • Marginal note:Excluded period

      (4) If the National Energy Board, acting under an order made under subsection 47(2), requires a proponent of the designated project to collect information or undertake a study with respect to the designated project, the period that is taken by the proponent, in the opinion of the National Energy Board, to comply with the requirement is not included in the calculation of the period referred to in subsection 126(2) that is established under subsection 126(4).

• Marginal note:Time limit

  (5) The time limit established under subsection 126(4) of the Canadian Environmental Assessment Act, 2012 for the submission of the review panel’s report with respect to the environmental assessment of the designated project to which the application relates is to be considered, despite the period of 15 months referred to in subsection 52(4) of the other Act, as enacted by section 83, to be the time limit specified by the Chairperson under that subsection 52(4).

• Marginal note:Extension

  (6) If a time limit is extended under subsection 52(7) of the other Act, as enacted by section 83, the same extension is considered to have been made under subsection 54(2) of the Canadian Environmental Assessment Act, 2012, as that subsection reads by reason of paragraph (4)(b).

• Marginal note:Extension

  (7) If a time limit is extended under subsection 54(4) of the Canadian Environmental Assessment Act, 2012, as that subsection reads by reason of paragraph (4)(b), the same extension is considered to have been made under subsection 52(7) of the other Act, as enacted by section 83.

• Marginal note:Exercise of Chairperson’s powers

  (8) If a time limit is considered by virtue of subsection (5) to have been specified by the Chairperson under subsection 52(4) of the other Act, as enacted by section 83, and the Minister of the Environment and the Chairperson are of the opinion that the time limit is not likely to be met, the Chairperson may exercise any of the Chairperson’s powers under subsection 6(2.2) of the other Act, as enacted by subsection 71(2). If any of those powers are exercised,

  • (a) for greater certainty, subsections 6(2.3) to (2.5), as enacted by that subsection 71(2), apply; and

  • (b) the Minister of the Environment is considered to have terminated, under subsection 49(2) of the Canadian Environmental Assessment Act, 2012, the review panel’s environmental assessment of the designated project to which the application relates.

• Marginal note:Exercise of Minister’s powers

  (9) If the review panel’s environmental assessment of the designated project to which the application relates is terminated by the Minister of the Environment under subsection 49(1) or (2) of the Canadian Environmental Assessment Act, 2012, or is considered to have been terminated under subsection (8),

  • (a) despite section 50 of that Act, the Board shall complete the environmental assessment of the designated project and prepare a report with respect to the environmental assessment; and

  • (b) section 51 of that Act is to be read as follows in respect of that designated project:

    Marginal note:Governor in Council’s decision

    51. The Governor in Council, after taking into account the report with respect to the environmental assessment of the designated project, must make decisions under subsection 52(1).