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

Marginal note:Notice of proposed acquisition or lease of lands

• 322 (1) If a company has determined the lands that may be required for the purposes of a section or part of a pipeline, the company must serve a notice on all owners of the lands, to the extent that they can be ascertained, which notice must set out or be accompanied by

  • (a) a description of the lands of the owner that are required by the company for that section or part;

  • (b) details of the compensation offered by the company for the lands required;

  • (c) a detailed statement made by the company of the value of the lands required in respect of which compensation is offered;

  • (d) a description of the procedure for approval of the detailed route of the pipeline;

  • (e) a description of the procedure available under this Part in the event that the owner of the lands and the company are unable to agree on any matter respecting the compensation payable; and

  • (f) any prescribed information.

• Marginal note:Agreement void or null

  (2) If an agreement referred to in section 321 is entered into with an owner of lands before a notice is served on the owner under this section, that agreement is void or, in Quebec, null.

• Marginal note:Abandonment: company’s liability

  (3) If a company serves a notice on an owner of lands under subsection (1) and subsequently decides not to acquire or lease all or part of the land described in the notice, it is liable to the owner for all damages suffered and reasonable costs incurred by the owner in consequence of the notice and the abandonment of the acquisition or lease of the land.