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

Marginal note:Crown lands

• 316 (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.