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National Energy Board Act (R.S.C., 1985, c. N-7)

Act current to 2020-01-27 and last amended on 2018-03-29. Previous Versions

PART IIIConstruction, Operation and Abandonment of Pipelines (continued)

Pipeline Claims Tribunal (continued)

Establishment (continued)

Marginal note:Tenure

  •  (1) Each member of a Tribunal shall hold office during good behaviour, but may be removed by the Governor in Council for cause.

  • Marginal note:Termination of Tribunal

    (2) The Governor in Council may terminate the appointment of the members of the Tribunal if the Governor in Council is satisfied that the Tribunal has no work to carry out.

  • 2015, c. 21, s. 16

Marginal note:Immunity

 No action lies against any member of a Tribunal for anything done or omitted to be done by the member in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function of the Tribunal.

  • 2015, c. 21, s. 16

Chairperson and Staff

Marginal note:Chairperson

  •  (1) The Governor in Council shall, on the Minister’s recommendation, designate one of the members of a Tribunal to be the Chairperson of the Tribunal.

  • Marginal note:Chairperson’s powers, duties and functions

    (2) The Chairperson apportions work among the members of the Tribunal and, if he or she establishes a panel, assigns members to the panel and designates a member to preside over it. The Chairperson also has supervision over and direction of the work of the Tribunal’s staff.

  • 2015, c. 21, s. 16

Marginal note:Tribunal staff

 A Tribunal may employ the staff that it considers necessary for the proper exercise of its powers and performance of its duties and functions, prescribe their duties and, subject to any regulations, their terms and conditions of employment and, with the Treasury Board’s approval, fix their remuneration.

  • 2015, c. 21, s. 16

Marginal note:Technical or specialized knowledge

 A Tribunal may engage, on a temporary basis, the services of counsel or notaries and other persons having technical or special­ized knowledge to assist it in its work, prescribe their duties and the terms and conditions of their employment and, with the Treasury Board’s approval, fix their remuneration and expenses.

  • 2015, c. 21, s. 16

Marginal note:Payment by Board

 The Board shall pay the remuneration and expenses referred to in sections 48.25 and 48.26.

  • 2015, c. 21, s. 16

Marginal note:Staff and facilities

 The Board shall provide a Tribunal with any professional, technical, secretarial, clerical and other assistance and any facilities and supplies that, in the Board’s opinion, are necessary to enable the Tribunal to exercise its powers and perform its duties and functions.

  • 2015, c. 21, s. 16

Tribunal’s Powers, Duties and Functions

Marginal note:Hearings

 A Tribunal shall conduct its hearings in Canada at the times and locations that it considers appropriate.

  • 2015, c. 21, s. 16

Marginal note:Powers — witnesses and documents

  •  (1) A Tribunal has, with respect to the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its orders and other matters that are necessary or proper for the exercise of its jurisdiction, all of the powers, rights and privileges that are vested in a superior court.

  • Marginal note:Evidence at hearings

    (2) The Tribunal is not, in the hearing of any matter, bound by the legal rules of evidence; however, it shall not receive as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence.

  • 2015, c. 21, s. 16

Marginal note:Examinations

 For the purposes of adjudicating a claim for compensation or an application for reconsideration, a Tribunal may require a claimant or applicant to undergo medical or other examinations that are, in the Tribunal’s opinion, reasonably necessary.

  • 2015, c. 21, s. 16

Marginal note:Frivolous or vexatious claims

 A Tribunal may refuse to hear any claim for compensation or application for reconsideration that it considers to be frivolous or vexatious.

  • 2015, c. 21, s. 16

Marginal note:Written submissions

 A Tribunal may examine and adjudicate claims for compensation or application for reconsideration based only on written submissions.

  • 2015, c. 21, s. 16

Marginal note:Rules

 A Tribunal may make the rules that it considers necessary for the exercise of its powers and the performance of its duties and functions, including rules respecting

  • (a) procedures for making a claim for compensation and those for making an application for reconsideration;

  • (b) the information that shall be included with a claim for compensation or an application for reconsideration;

  • (c) the conduct of its examination of claims for compensation and applications for reconsideration, including the conduct of its hearings;

  • (d) the form and manner in which evidence shall be submitted; and

  • (e) a quorum.

  • 2015, c. 21, s. 16

Claims for Compensation

Marginal note:Application

  •  (1) Any person, partnership or unincorporated organization or federal, provincial or municipal government or any Aboriginal governing body may, within the prescribed period, make to a Tribunal a claim for compensation for compensable damage caused by the release that occurred from a designated company’s pipeline.

  • Marginal note:Panel

    (2) As soon as feasible after the day on which the claim is made, the Chairperson shall

    • (a) assign the claim to the Tribunal;

    • (b) establish a panel of the Tribunal and assign the claim to that panel; or

    • (c) assign the claim to an existing panel.

  • Marginal note:Notice

    (3) The Chairperson shall notify the claimant, the designated company and the Board that the claim has been assigned.

  • Marginal note:Powers and duties

    (4) A panel has the powers, other than the power described in section 48.34, and the duties and functions of the Tribunal with respect to any claim for compensation that is before that panel.

  • 2015, c. 21, s. 16

Marginal note:Public hearings

 Tribunal hearings are to be held in public. However, a Tribunal may hold all or part of a hearing in private if, in its opinion,

  • (a) a public hearing would not be in the public interest;

  • (b) a person’s privacy interest outweighs the principle that hearings be open to the public; or

  • (c) confidential business information may be disclosed.

  • 2015, c. 21, s. 16

Marginal note:Interim award of compensation

 If it is authorized to do so by the regulations, a Tribunal may award interim compensation in respect of a claim for compensation. If the Tribunal awards interim compensation, it shall advise the Board, by notice, of the amount awarded.

  • 2015, c. 21, s. 16

Marginal note:Determining compensation

  •  (1) A Tribunal shall decide whether to award a claimant compensation for the compensable damage that is referred to in their claim for compensation. If it decides to award compensation, it shall, having regard to any other amount of compensation that the claimant has been paid for that damage, determine the amount of compensation in accordance with the regulations and, if it is authorized by the regulations to award costs with respect to a claimant’s claim for compensation and it decides to do so, it shall determine the amount of those costs.

  • Marginal note:Notice — decision

    (2) The Tribunal shall advise the claimant and the designated company, by notice, of its decision with respect to the claim for compensation, and if compensation or costs are awarded, it shall also advise the Board by that notice.

  • Marginal note:Content of notice

    (3) The notice shall indicate

    • (a) the amount of any compensation or costs determined under subsection (1);

    • (b) any reduction in the amount of compensation provided for by the regulations; and

    • (c) any amounts that have already been paid to the claimant for the compensable damage that is referred to in their claim.

  • 2015, c. 21, s. 16
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