Energy Safety and Security Act (S.C. 2015, c. 4)
Full Document:
Assented to 2015-02-26
35. The Act is amended by adding the following after section 101:
Marginal note:Notice — subsection 101(10)
101.1 (1) If the National Energy Board intends to disclose any information or documentation under subsection 101(10), the Board shall make every reasonable effort to give the person who provided it written notice of the Board’s intention to disclose it.
Marginal note:Waiver of notice
(2) Any person to whom a notice is required to be given under subsection (1) may waive the requirement, and if they have consented to the disclosure they are deemed to have waived the requirement.
Marginal note:Contents of notice
(3) A notice given under subsection (1) shall include
(a) a statement that the National Energy Board intends to disclose information or documentation under subsection 101(10);
(b) a description of the information or documentation that was provided by the person to whom the notice is given; and
(c) a statement that the person may, within 20 days after the day on which the notice is given, make written representations to the Board as to why the information or documentation, or a portion of it, should not be disclosed.
Marginal note:Representations
(4) If a notice is given to a person under subsection (1), the National Energy Board shall
(a) give the person the opportunity to make, within 20 days after the day on which the notice is given, written representations to the Board as to why the information or documentation, or a portion of it, should not be disclosed; and
(b) after the person has had the opportunity to make representations, but no later than 30 days after the day on which the notice is given, make a decision as to whether or not to disclose the information or documentation and give written notice of the decision to the person.
Marginal note:Contents of notice of decision to disclose
(5) A notice given under paragraph (4)(b) of a decision to disclose information or documentation shall include
(a) a statement that the person to whom the notice is given may request a review of the decision under subsection (7) within 20 days after the notice is given; and
(b) a statement that if no review is requested under subsection (7) within 20 days after the notice is given, the National Energy Board shall disclose the information or documentation.
Marginal note:Disclosure of information or documentation
(6) If, under paragraph (4)(b), the National Energy Board decides to disclose the information or documentation, the Board shall disclose it on the expiry of 20 days after a notice is given under that paragraph, unless a review of the decision is requested under subsection (7).
Marginal note:Review
(7) Any person to whom the National Energy Board is required under paragraph (4)(b) to give a notice of a decision to disclose information or documentation may, within 20 days after day on which the notice is given, apply to the Federal Court for a review of the decision.
Marginal note:Hearing in summary way
(8) An application made in accordance with subsection (7) shall be heard and determined in a summary way in accordance with any special rules made in respect of such applications under section 46 of the Federal Courts Act.
Marginal note:Court to take precautions against disclosing
(9) In any proceedings before the Federal Court arising from an application made in accordance with subsection (7), the Court shall take every reasonable precaution, including, when appropriate, conducting hearings in camera, to avoid the disclosure by the Court or any person of any information or documentation that, under this Act, is privileged or is not to be disclosed.
36. (1) Subsection 107(1) of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after that paragraph:
(c.1) respecting the fees or charges, or the method of calculating the fees or charges, to be paid for the provision, by the National Energy Board or the Minister, of a service or a product under this Act;
(c.2) respecting the fees or charges, or the method of calculating the fees or charges, to be paid by a holder of an interest or a share in an interest in respect of any of the National Energy Board’s or the Minister’s activities under or related to this Act;
(c.3) respecting the refund of all or part of any fee or charge referred to in paragraph (c.1) or (c.2), or the method of calculating that refund; and
(2) Section 107 of the Act is amended by adding the following after subsection (1):
Marginal note:Amounts not to exceed cost
(1.1) The amounts of the fees or charges referred to in paragraph (1)(c.1) shall not exceed the cost of providing the services or products.
Marginal note:Amounts not to exceed cost
(1.2) The amounts of the fees or charges referred to in paragraph (1)(c.2) shall not exceed the cost of performing the activities under or related to this Act.
1987, c. 3Canada-Newfoundland Atlantic Accord Implementation Act
37. Section 2 of the Canada-Newfoundland Atlantic Accord Implementation Act is amended by adding the following in alphabetical order:
“spill-treating agent”
« agent de traitement »
“spill-treating agent”, except in section 161.5, means a spill-treating agent that is on the list established under section 14.2 of the Canada Oil and Gas Operations Act.
38. Section 7 of the Act is replaced by the following:
Marginal note:Provincial Minister’s approval
7. Before a regulation is made under subsection 5(1), section 29.1, subsection 41(7), section 64, subsection 67(2), section 118, subsection 122(1), 125(1), 149(1), 152(5), 162(2.3), 163(1.02) or 202.01(1) or section 203, the Federal Minister shall consult the Provincial Minister with respect to the proposed regulation and the regulation shall not be made without the Provincial Minister’s approval.
39. The Act is amended by adding the following after section 29:
Cost Recovery
Marginal note:Regulations respecting fees, etc.
29.1 (1) Subject to section 7, the Governor in Council may make regulations
(a) respecting the fees or charges, or the method of calculating the fees or charges, to be paid for the provision, by the Board, of a service or product under this Act;
(b) respecting the fees or charges, or the method of calculating the fees or charges, in respect of any of the Board’s activities under this Act or under the Canadian Environmental Assessment Act, 2012, that are to be paid by
(i) a person who makes an application for an authorization under paragraph 138(1)(b) or an application under subsection 139(2), or
(ii) the holder of an operating licence issued under paragraph 138(1)(a) or an authorization issued under paragraph 138(1)(b); and
(c) respecting the refund of all or part of any fee or charge referred to in paragraph (a) or (b), or the method of calculating that refund.
Marginal note:Amounts not to exceed cost
(2) The amounts of the fees or charges referred to in paragraph (1)(a) shall not exceed the cost of providing the services or products.
Marginal note:Amounts not to exceed cost
(3) The amounts of the fees or charges referred to in paragraph (1)(b) shall not exceed the cost of the Board’s activities under this Act or under the Canadian Environmental Assessment Act, 2012.
Marginal note:Non-application of User Fees Act
29.2 The User Fees Act does not apply to any fees or charges payable in accordance with regulations made under section 29.1.
Marginal note:Remittance of fees and charges
29.3 One half of the amounts of the fees and charges obtained in accordance with regulations made under section 29.1 shall be paid to the credit of the Receiver General and the other half shall be paid to the credit of Her Majesty in right of the Province, in the time and manner prescribed under those regulations.
40. Subsection 44(1) of the English version of the Act is replaced by the following:
Marginal note:Public review
44. (1) Subject to any directives issued under subsection 42(1), the Board shall conduct a public review in relation to any potential development of a pool or field unless the Board is of the opinion that it is not required on any ground the Board considers to be in the public interest.
41. The Act is amended by adding the following after section 44:
Public Hearings
Marginal note:Public hearings
44.1 The Board may conduct a public hearing in relation to the exercise of any of its powers or the performance of any of its duties and functions as a responsible authority as defined in subsection 2(1) of the Canadian Environmental Assessment Act, 2012.
Marginal note:Confidentiality
44.2 At any public hearing conducted under section 44.1, the Board may take any measures and make any order that it considers necessary to ensure the confidentiality of any information likely to be disclosed at the hearing if the Board is satisfied that
(a) disclosure of the information could reasonably be expected to result in a material loss or gain to a person directly affected by the hearing, or to prejudice the person’s competitive position, and the potential harm resulting from the disclosure outweighs the public interest in making the disclosure; or
(b) the information is financial, commercial, scientific or technical information that is confidential information supplied to the Board and
(i) the information has been consistently treated as confidential information by a person directly affected by the hearing, and
(ii) the person’s interest in confidentiality outweighs the public interest in its disclosure.
Marginal note:Confidentiality — security
44.3 At any public hearing conducted under section 44.1, the Board may take any measures and make any order that it considers necessary to ensure the confidentiality of information that is likely to be disclosed at the hearing if the Board is satisfied that
(a) there is a real and substantial risk that disclosure of the information will impair the security of pipelines, as defined in section 135, installations, vessels, aircraft or systems, including computer or communication systems, or methods employed to protect them; and
(b) the need to prevent disclosure of the information outweighs the public interest in its disclosure.
Marginal note:Exception
44.4 The Board shall not take any measures or make any order under section 44.2 or 44.3 in respect of information or documentation referred to in paragraphs 119(5)(a) to (e) and (i).
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