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

Act current to 2019-06-20 and last amended on 2018-03-29. Previous Versions

PART IIIConstruction, Operation and Abandonment of Pipelines (continued)

Certificates (continued)

Marginal note:Order regarding issuance or non-issuance

  •  (1) After the Board has submitted its report under section 52 or 53, the Governor in Council may, by order,

    • (a) direct the Board to issue a certificate in respect of the pipeline or any part of it and to make the certificate subject to the terms and conditions set out in the report; or

    • (b) direct the Board to dismiss the application for a certificate.

  • Marginal note:Reasons

    (2) The order must set out the reasons for making the order.

  • Marginal note:Time limit

    (3) The order must be made within three months after the Board’s report under section 52 is submitted to the Minister. The Governor in Council may, on the recommendation of the Minister, by order, extend that time limit by any additional period or periods of time. If the Governor in Council makes an order under subsection 53(1) or (9), the period that is taken by the Board to complete its reconsideration and to report to the Minister is not to be included in the calculation of the time limit.

  • Marginal note:Order is final and conclusive

    (4) Every order made under subsection (1) or (3) is final and conclusive and is binding on the Board.

  • Marginal note:Obligation of Board

    (5) The Board shall comply with the order made under subsection (1) within seven days after the day on which it is made.

  • Marginal note:Publication

    (6) A copy of the order made under subsection (1) must be published in the Canada Gazette within 15 days after it is made.

  • R.S., 1985, c. N-7, s. 54
  • 1990, c. 7, s. 19
  • 2012, c. 19, s. 83

Marginal note:Application for judicial review

  •  (1) Judicial review by the Federal Court of Appeal with respect to any order made under subsection 54(1) is commenced by making an application for leave to the Court.

  • Marginal note:Application

    (2) The following rules govern an application under subsection (1):

    • (a) the application must be filed in the Registry of the Federal Court of Appeal (“the Court”) within 15 days after the day on which the order is published in the Canada Gazette;

    • (b) a judge of the Court may, for special reasons, allow an extended time for filing and serving the application or notice; and

    • (c) a judge of the Court shall dispose of the application without delay and in a summary way and, unless a judge of the Court directs otherwise, without personal appearance.

  • R.S., 1985, c. N-7, s. 55
  • 1990, c. 7, s. 20
  • 2012, c. 19, s. 83

Marginal note:Continuation of jurisdiction and obligation

  •  (1) A failure by the Board to comply with subsection 52(1) or 53(5) within the required time limit does not affect its jurisdiction to deal with the application or its obligation to submit the report, and anything done by it in relation to the application remains valid.

  • Marginal note:Governor in Council’s powers

    (2) Despite subsection 54(3), the Governor in Council may make an order under subsection 54(1) after the expiry of the time limit for doing so.

  • 2012, c. 19, s. 83

Marginal note:Representations

 On an application for a certificate, the Board shall consider the representations of any person who, in the Board’s opinion, is directly affected by the granting or refusing of the application, and it may consider the representations of any person who, in its opinion, has relevant information or expertise. A decision of the Board as to whether it will consider the representations of any person is conclusive.

  • 2012, c. 19, s. 83

Revocation and Suspension

Marginal note:Revocation or suspension of certificate

  •  (1) Subject to subsection (2), the Board may, by order, with the approval of the Governor in Council, revoke or suspend a certificate if any term or condition thereof has not been complied with or has been contravened.

  • Marginal note:Notice and hearing

    (2) No order shall be made under subsection (1) unless notice of the alleged non-compliance or contravention has been given to the holder of the certificate and the Board has afforded the holder an opportunity of being heard.

  • Marginal note:Revocation or suspension on application, etc., of holder

    (3) Notwithstanding subsections (1) and (2), the Board may, by order, revoke or suspend a certificate on the application or with the consent of the holder thereof.

  • R.S., c. N-6, s. 47
  • R.S., c. 27(1st Supp.), s. 13

Conditions to Certificate

Marginal note:Compliance

 Every certificate is subject to the condition that the provisions of this Act and the regulations in force at the date of issue of the certificate and as subsequently enacted, made or amended, as well as every order made under the authority of this Act, will be complied with.

  • R.S., 1985, c. N-7, s. 57
  • 1990, c. 7, s. 21(F)

Exemptions

Marginal note:Exempting orders respecting pipelines, etc.

  •  (1) The Board may make orders exempting

    • (a) pipelines or branches of or extensions to pipelines, not exceeding in any case forty kilometres in length, and

    • (b) any tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, telegraph or radio, and real and personal property, or immovable and movable, and works connected to them, that the Board considers proper,

    from any or all of the provisions of sections 29 to 33 and 47.

  • (2) [Repealed, 1990, c. 7, s. 22]

  • Marginal note:Terms

    (3) In any order made under this section the Board may impose such terms and conditions as it considers proper.

  • Marginal note:Time limit

    (4) If an application for an order under subsection (1) is made, the Board shall, within the time limit specified by the Chairperson, either make an order under that subsection or dismiss the application.

  • Marginal note:Maximum time limit and obligation to make it public

    (5) The time limit specified by the Chairperson must be no longer than 15 months after the day on which the applicant has, in the opinion of the Board, provided a complete application. The Board shall make the time limit public.

  • Marginal note:Environmental assessment

    (6) If the application relates to a designated project within the meaning of section 2 of the Canadian Environmental Assessment Act, 2012, the Board shall also, within the time limit,

    • (a) prepare a report, as required by paragraph 22(b) of that Act, with respect to its environmental assessment of the designated project; and

    • (b) comply with subsections 27(1) and 54(1) of that Act with respect to that assessment.

  • Marginal note:Excluded period — applicant

    (7) If the Board requires the applicant to provide information or undertake a study with respect to the pipeline or anything referred to in paragraph (1)(b) to which the application relates and the Board, with the Chairperson’s approval, states publicly that this subsection applies, the period that is taken by the applicant to comply with the requirement is not included in the calculation of the time limit.

  • Marginal note:Public notice of excluded period

    (8) The Board shall make public the dates of the beginning and ending of the period referred to in subsection (7) as soon as each of them is known.

  • Marginal note:Excluded period — Governor in Council

    (9) If the Board has referred a matter to the Governor in Council under subsection 52(2) of the Canadian Environmental Assessment Act, 2012, the period that begins on the day on which the reference is made and ends on the day on which the Governor in Council makes a decision in relation to the matter is not included in the calculation of the time limit.

  • Marginal note:Extension

    (10) The Minister may, by order, extend the time limit by a maximum of three months. The Governor in Council may, on the recommendation of the Minister, by order, further extend the time limit by any additional period or periods of time.

  • Marginal note:Continuation of jurisdiction and obligation

    (11) A failure by the Board to comply with subsection (4) within the required time limit does not affect its jurisdiction to deal with the application or its obligation to make the order or to dismiss the application, and anything done by it in relation to the application remains valid.

  • R.S., 1985, c. N-7, s. 58
  • 1990, c. 7, s. 22
  • 2004, c. 25, s. 151
  • 2012, c. 19, s. 84
 
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