Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Canadian Energy Regulator Act (S.C. 2019, c. 28, s. 10)

Act current to 2021-09-11 and last amended on 2020-07-01. Previous Versions

PART 6Lands (continued)

General Powers (continued)

Marginal note:Damages and compensation

 A company must, in the exercise of the powers granted by this Act or a Special Act, do as little damage as possible, and must make full compensation in the manner provided in this Act and in a Special Act to all persons interested, for all damage sustained by them by reason of the exercise of those powers.

Marginal note:Exercise of powers outside Canada

 A company operating a pipeline from a place in Canada to a place on the international boundary line may exercise, beyond that boundary, to the extent permitted by the laws there in force, the powers that it may exercise in Canada.

Taking and Using Crown Lands

Marginal note:Crown lands

  •  (1) A company must not take possession of, use or occupy lands vested in Her Majesty without the consent of the Governor in Council.

  • Marginal note:Consent

    (2) A company may, with the consent of the Governor in Council and on any terms that the Governor in Council may prescribe, take and appropriate, for the use of its pipeline and works, the portion of the lands of Her Majesty lying on the route of the line that have not been granted, conceded or sold, and that is necessary for the pipeline, and also the portion of the public beach, or bed of a lake, river or stream, or of the lands so vested covered with the waters of a lake, river or stream that is necessary for making, completing and using its pipeline and works.

  • Marginal note:Compensation where lands held in trust

    (3) If lands are vested in Her Majesty for a special purpose, or subject to a trust, the compensation money that a company pays for the lands must be held and applied by the Governor in Council for that purpose or trust.

  • Marginal note:Exceptions

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

    • (a) anything done under leave obtained under subsection 217(2) or (5) in respect of the pipeline;

    • (b) any section or part of the pipeline that passes on, over, along or under a utility, as defined in subsection 217(6), if a certificate has been issued, or an order has been made under section 214, in respect of the pipeline and the certificate or order contains a condition relating to that utility;

    • (c) 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 214, in respect of the pipeline; and

    • (d) anything done under any leave obtained under section 108 of the National Energy Board Act at any time before July 3, 2013, as that section read from time to time before that day.

Certain Lands for Which Consent Required

Marginal note:Consent of council of the band

  •  (1) Despite section 35 of the Indian Act, a company must not, for the purpose of constructing a pipeline or engaging in the activities referred to in paragraph 313(a), take possession of, use or occupy lands in a reserve, within the meaning of subsection 2(1) of the Indian Act, without the consent of the council of the band, within the meaning of that subsection.

  • Marginal note:For greater certainty

    (2) For greater certainty, nothing in subsection (1) is to be construed as modifying the application of the other provisions of this Act.

  • Marginal note:Consent of Governor in Council

    (3) A company must not take possession of, use or occupy the following lands without the consent of the Governor in Council:

  • Marginal note:Compensation

    (4) If the lands referred to in subsection (1) or (3) are taken possession of, used or occupied by a company, or if they are injuriously affected by the construction of a pipeline, compensation must be made by that company.

Marginal note:Consent of Yukon first nation or Governor in Council

  •  (1) A company must not, if the Yukon first nation concerned does not consent to it, take possession of, use or occupy settlement land as defined in section 2 of the Yukon Surface Rights Board Act without the consent of the Governor in Council.

  • Marginal note:Consent of Gwich’in Tribal Council or Governor in Council

    (2) A company must not, if the Gwich’in Tribal Council does not consent to it, take possession of, use or occupy Tetlit Gwich’in Yukon land without the consent of the Governor in Council.

  • Marginal note:Public hearing

    (3) If land referred to in subsection (1) or (2) is to be taken possession of, used or occupied without the consent of the Yukon first nation or Gwich’in Tribal Council, as the case may be,

    • (a) a public hearing in respect of the location and extent of the land to be taken possession of, used or occupied must be held in accordance with the following procedure:

      • (i) notice of the date, time and place for the public hearing must be given to the Yukon first nation or Gwich’in Tribal Council and the public,

      • (ii) on the date and at the time and place fixed for the public hearing, an opportunity must be provided for the Yukon first nation or Gwich’in Tribal Council and the public to be heard,

      • (iii) costs incurred by any party in relation to the hearing are at the discretion of the person or body holding the hearing and may be awarded on or before the final disposition of the issue, and

      • (iv) a report on the hearing must be prepared and submitted to the Minister; and

    • (b) notice of intention to obtain the consent of the Governor in Council must be given to the Yukon first nation or Gwich’in Tribal Council on completion of the public hearing and submission of a report on the hearing to the Minister.

  • Marginal note:Compensation

    (4) If the lands referred to in subsection (1) or (2) are taken possession of, used or occupied by a company, or if they are injuriously affected by the construction of a pipeline, compensation must be made by that company.

  • Marginal note:Definition of Tetlit Gwich’in Yukon land

    (5) In this section, Tetlit Gwich’in Yukon land means land as described in Annex B, as amended from time to time, to Appendix C of the Comprehensive Land Claim Agreement between Her Majesty in right of Canada and the Gwich’in, as represented by the Gwich’in Tribal Council, that was approved, given effect and declared valid by the Gwich’in Land Claim Settlement Act.

Application

Marginal note:Application restricted

 The provisions of this Part to determine compensation matters apply in respect of all damage, including the loss of value of the lands, caused by the operation of section 335 or by the pipeline or abandoned pipeline or anything transmitted by the pipeline but do not apply to

  • (a) claims against a company arising out of activities of the company unless those activities are directly related to

    • (i) the acquisition or lease of lands for a pipeline or abandoned pipeline,

    • (ii) the construction of the pipeline, or

    • (iii) the inspection, maintenance or repair of the pipeline or abandoned pipeline;

  • (b) claims against a company for loss of life or injury to the person; or

  • (c) awards of compensation or agreements respecting compensation made or entered into prior to March 1, 1983.

Acquisition or Lease of Lands

Marginal note:Definition of owner

 In sections 321 to 334, owner means any person who is entitled to compensation under section 314.

Marginal note:Methods of acquisition or lease

  •  (1) Subject to subsection (2), a company may acquire or lease lands for a pipeline under a land acquisition or lease agreement entered into between the company and the owner of the lands or, in the absence of such an agreement, in accordance with this Part.

  • Marginal note:Form of agreement

    (2) A company must not acquire or lease lands for a pipeline under an agreement referred to in subsection (1) unless the agreement includes provision for

    • (a) compensation for the acquisition or lease of lands to be made, at the option of the owner of the lands, by one lump sum payment or by periodic payments of equal or different amounts over a specified period of time;

    • (b) review every five years of the amount of any compensation payable in respect of which periodic payments have been selected;

    • (c) compensation for damages caused by the company’s operations, pipelines or abandoned pipelines;

    • (d) indemnification from all liabilities, damages, claims, suits and actions resulting from the company’s operations, pipelines or abandoned pipelines, other than liabilities, damages, claims, suits and actions resulting from

      • (i) in Quebec, the gross or intentional fault of the owner of the lands, and

      • (ii) elsewhere in Canada, the gross negligence or wilful misconduct of the owner of the lands;

    • (e) restriction of the use of the lands to the line of pipe or other facility for which the lands are, by the agreement, specified to be required unless the owner of the lands consents to any proposed additional use at the time of the proposed additional use;

    • (f) compensation to the owner of the lands if the use of those lands is restricted by the operation of section 335;

    • (g) compensation to the owner of the lands for any adverse effect on the remaining lands of the owner, including the restriction of their use by the operation of section 335; and

    • (h) any additional terms that are, at the time the agreement is entered into, required to be included in it by any regulations made under paragraph 333(d).

 
Date modified: