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

• Marginal note:Report not decision or order

  (4) For greater certainty, for the purpose of this section, no report submitted by the Board under section 52 or 53 — or under section 29 or 30 of the Canadian Environmental Assessment Act, 2012 — and no part of any such report, is a decision or order of the Board.

Marginal note:Public hearings

• 24. (1) Subject to subsection (2), hearings before the Board with respect to the issuance, revocation or suspension of certificates or for leave to abandon the operation of a pipeline shall be public.

• Marginal note:Exception

  (2) A public hearing need not be held where the Board, on the application or with the consent of the holder, revokes or suspends

  • (a) a certificate issued in respect of an international or interprovincial power line, regardless of whether the power line has been brought into commercial operation under that certificate; or

  • (b) a certificate issued in respect of a pipeline, if the pipeline has not been brought into commercial operation under that certificate.

• Marginal note:Offence

  (3) Every person who contravenes an order made under subsection (1) or (1.1) or a regulation made under subsection (2) is guilty of an offence and 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)

  (4) Subsections 121(2) to (5) apply, with any modifications that the circumstances require, to an offence referred to in subsection (3).

Marginal note:Report

• 52. (1) If the Board is of the opinion that an application for a certificate in respect of a pipeline is complete, it shall prepare and submit to the Minister, and make public, a report setting out

  • (a) its recommendation as to whether or not the certificate should be issued for all or any portion of the pipeline, taking into account whether the pipeline is and will be required by the present and future public convenience and necessity, and the reasons for that recommendation; and

  • (b) regardless of the recommendation that the Board makes, all the terms and conditions that it considers necessary or desirable in the public interest to which the certificate will be subject if the Governor in Council were to direct the Board to issue the certificate, including terms or conditions relating to when the certificate or portions or provisions of it are to come into force.

• Marginal note:Factors to consider

  (2) In making its recommendation, the Board shall have regard to all considerations that appear to it to be directly related to the pipeline and to be relevant, and may have regard to the following:

  • (a) the availability of oil, gas or any other commodity to the pipeline;

  • (b) the existence of markets, actual or potential;

  • (c) the economic feasibility of the pipeline;

  • (d) the financial responsibility and financial structure of the applicant, the methods of financing the pipeline and the extent to which Canadians will have an opportunity to participate in the financing, engineering and construction of the pipeline; and

  • (e) any public interest that in the Board’s opinion may be affected by the issuance of the certificate or the dismissal of the application.

• Marginal note:Environmental assessment

  (3) If the application relates to a designated project within the meaning of section 2 of the Canadian Environmental Assessment Act, 2012, the report must also set out the Board’s environmental assessment prepared under that Act in respect of that project.

• Marginal note:Time limit

  (4) The report must be submitted to the Minister within the time limit specified by the Chairperson. The specified time limit must be no longer than 15 months after the day on which the applicant has, in the Board’s opinion, provided a complete application. The Board shall make the time limit public.

• Marginal note:Excluded period

  (5) If the Board requires the applicant to provide information or undertake a study with respect to the pipeline 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

  (6) The Board shall make public the dates of the beginning and ending of the period referred to in subsection (5) as soon as each of them is known.

• Marginal note:Extension

  (7) 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:Minister’s directives

  (8) To ensure that the report is prepared and submitted in a timely manner, the Minister may, by order, issue a directive to the Chairperson that requires the Chairperson to

  • (a) specify under subsection (4) a time limit that is the same as the one specified by the Minister in the order;

  • (b) issue a directive under subsection 6(2.1), or take any measure under subsection 6(2.2), that is set out in the order; or

  • (c) issue a directive under subsection 6(2.1) that addresses a matter set out in the order.

• Marginal note:Order binding

  (9) Orders made under subsection (7) are binding on the Board and those made under subsection (8) are binding on the Chairperson.

• Marginal note:Publication

  (10) A copy of each order made under subsection (8) must be published in the Canada Gazette within 15 days after it is made.

• Marginal note:Report is final and conclusive

  (11) Subject to sections 53 and 54, the Board’s report is final and conclusive.

Marginal note:Order to reconsider

• 53. (1) After the Board has submitted its report under section 52, the Governor in Council may, by order, refer the recommendation, or any of the terms and conditions, set out in the report back to the Board for reconsideration.

• Marginal note:Factors and time limit

  (2) The order may direct the Board to conduct the reconsideration taking into account any factor specified in the order and it may specify a time limit within which the Board shall complete its reconsideration.

• Marginal note:Order binding

  (3) The order is binding on the Board.

• Marginal note:Publication

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

• Marginal note:Obligation of Board

  (5) The Board shall, before the expiry of the time limit specified in the order, if one was specified, reconsider its recommendation or any term or condition referred back to it, as the case may be, and prepare and submit to the Minister a report on its reconsideration.

• Marginal note:Contents of report

  (6) In the reconsideration report, the Board shall

  • (a) if its recommendation was referred back, either confirm the recommendation or set out a different recommendation; and

  • (b) if a term or condition was referred back, confirm the term or condition, state that it no longer supports it or replace it with another one.

• Marginal note:Terms and conditions

  (7) Regardless of what the Board sets out in the reconsideration report, the Board shall also set out in the report all the terms and conditions, that it considers necessary or desirable in the public interest, to which the certificate would be subject if the Governor in Council were to direct the Board to issue the certificate.

• Marginal note:Report is final and conclusive

  (8) Subject to section 54, the Board’s reconsideration report is final and conclusive.

• Marginal note:Reconsideration of report under this section

  (9) After the Board has submitted its report under subsection (5), the Governor in Council may, by order, refer the Board’s recommendation, or any of the terms or conditions, set out in the report, back to the Board for reconsideration. If it does so, subsections (2) to (8) apply.

Marginal note:Order regarding issuance or non-issuance

• 54. (1) After the Board has submitted its report under section 52 or 53, the Governor in Council may, by order,

  • (a) direct the Board to issue a certificate in respect of the pipeline or any part of it and to make the certificate subject to the terms and conditions set out in the report; or

  • (b) direct the Board to dismiss the application for a certificate.

• Marginal note:Reasons

  (2) The order must set out the reasons for making the order.

• Marginal note:Time limit

  (3) The order must be made within three months after the Board’s report under section 52 is submitted to the Minister. The Governor in Council may, on the recommendation of the Minister, by order, extend that time limit by any additional period or periods of time. If the Governor in Council makes an order under subsection 53(1) or (9), the period that is taken by the Board to complete its reconsideration and to report to the Minister is not to be included in the calculation of the time limit.

• Marginal note:Order is final and conclusive

  (4) Every order made under subsection (1) or (3) is final and conclusive and is binding on the Board.

• Marginal note:Obligation of Board

  (5) The Board shall comply with the order made under subsection (1) within seven days after the day on which it is made.

• Marginal note:Publication

  (6) A copy of the order made under subsection (1) must be published in the Canada Gazette within 15 days after it is made.

Marginal note:Application for judicial review

• 55. (1) Judicial review by the Federal Court of Appeal with respect to any order made under subsection 54(1) is commenced by making an application for leave to the Court.

• Marginal note:Application

  (2) The following rules govern an application under subsection (1):

  • (a) the application must be filed in the Registry of the Federal Court of Appeal (“the Court”) within 15 days after the day on which the order is published in the Canada Gazette;

  • (b) a judge of the Court may, for special reasons, allow an extended time for filing and serving the application or notice; and

  • (c) a judge of the Court shall dispose of the application without delay and in a summary way and, unless a judge of the Court directs otherwise, without personal appearance.

Marginal note:Continuation of jurisdiction and obligation

• 55.1 (1) A failure by the Board to comply with subsection 52(1) or 53(5) within the required time limit does not affect its jurisdiction to deal with the application or its obligation to submit the report, and anything done by it in relation to the application remains valid.

• Marginal note:Governor in Council’s powers

  (2) Despite subsection 54(3), the Governor in Council may make an order under subsection 54(1) after the expiry of the time limit for doing so.

Marginal note:Representations

55.2 On an application for a certificate, the Board shall consider the representations of any person who, in the Board’s opinion, is directly affected by the granting or refusing of the application, and it may consider the representations of any person who, in its opinion, has relevant information or expertise. A decision of the Board as to whether it will consider the representations of any person is conclusive.