Energy Supplies Emergency Act

Marginal note:Approval required

• 39 (1) Where a direction under section 35, 36 or 37 would require the construction of works pursuant to an order of the Canadian Transportation Agency or the Commission of the Canadian Energy Regulator under any of those sections, the direction shall not be made by the Board unless it is satisfied that sufficient financing is available for the construction of the work to be directed and the Governor in Council has approved the making of the direction.

• Marginal note:Idem

  (2) Where compliance with any regulation under this Act would require the construction of any work, the regulation shall not be enforced unless the Board is satisfied that the costs involved are not excessive in all the circumstances of the case, that sufficient financing is available for the construction of the work and that the Minister of Natural Resources has been informed of the costs involved and approves the enforcement of the regulation.