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 VPowers of Pipeline Companies (continued)

Taking and Using Lands (continued)

Marginal note:Settlement land

  •  (1) No company shall, if the Yukon first nation concerned does not consent thereto, take possession of or occupy settlement land as defined in section 2 of the Yukon Surface Rights Board Act without the consent of the Governor in Council.

  • Marginal note:Tetlit Gwich’in Yukon land

    (2) No company shall, if the Gwich’in Tribal Council does not consent thereto, take possession of or occupy Tetlit Gwich’in Yukon land without the consent of the Governor in Council.

  • Marginal note:Public hearing

    (3) Where an interest in land referred to in subsection (1) or (2) is to be taken possession of or occupied without the consent of the Yukon first nation or Gwich’in Tribal Council, as the case may be,

    • (a) a public hearing in respect of the location and extent of the land to be taken possession of or occupied shall be held in accordance with the following procedure:

      • (i) notice of the time and place for the public hearing shall be given to the Yukon first nation or Gwich’in Tribal Council and the public,

      • (ii) at the time and place fixed for the public hearing, an opportunity shall be provided for the Yukon first nation or Gwich’in Tribal Council and the public to be heard,

      • (iii) costs incurred by any party in relation to the hearing are in the discretion of the person or body holding the hearing and may be awarded on or before the final disposition of the issue, and

      • (iv) a report on the hearing shall be prepared and submitted to the Minister; and

    • (b) notice of intention to obtain the consent of the Governor in Council shall be given to the Yukon first nation or Gwich’in Tribal Council on completion of the public hearing and submission of a report thereon to the Minister.

  • Definition of Tetlit Gwich’in Yukon land

    (4) In this section, Tetlit Gwich’in Yukon land means land as described in Annex B, as amended from time to time, to Appendix C of the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Gwich’in, as represented by the Gwich’in Tribal Council, that was approved, given effect and declared valid by the Gwich’in Land Claim Settlement Act.

  • 1994, c. 43, s. 87

Mines and Minerals

Marginal note:Protection of mines

 No company shall, without the authority of the Board, locate the line of its proposed pipeline, or construct the pipeline or portion thereof, so as to obstruct or interfere with or injuriously affect the working of or the access or adit to a mine then open, or for the opening of which preparations are, at the time of the location, being lawfully and openly made.

  • R.S., c. N-6, s. 68

Marginal note:Right to minerals

 A company is not, unless they have been expressly purchased, entitled to mines, ores, metals, coal, slate, oil, gas or other minerals in or under lands purchased by it, or taken by it under compulsory powers given to it by this Act, except only the parts of them that are necessary to be dug, carried away or used in the construction of the works, and, except as provided in this section, all those mines and minerals shall be deemed to be excepted from the transfer of the lands, unless they have been expressly included in the transfer documents.

  • R.S., 1985, c. N-7, s. 80
  • 2004, c. 25, s. 157

Marginal note:Protection of pipeline from mining operations

  •  (1) No person shall work or prospect for mines or minerals lying under a pipeline or any of the works connected therewith, or within forty metres therefrom, until leave therefor has been obtained from the Board.

  • Marginal note:Use of oil and gas

    (2) Notwithstanding subsection (1), leave from the Board is not required in the case of a well taking oil or gas from lands lying under a pipeline or any of the works connected therewith if the well is not drilled within forty metres of the pipeline.

  • Marginal note:Application for leave

    (3) On an application to the Board for leave to work or prospect for mines or minerals, the applicant shall submit a plan and profile of the portion of the pipeline to be affected thereby, giving all reasonable and necessary information and details respecting the proposed operations.

  • Marginal note:Terms of leave

    (4) The Board may grant the application referred to in subsection (3) on such terms and conditions for the protection, safety or security of the public as seem expedient to the Board, and may order that such things be done as under the circumstances appear to the Board to be best adapted to remove or diminish the danger arising or likely to arise from the proposed operations.

  • R.S., 1985, c. N-7, s. 81
  • 2004, c. 15, s. 89(E)

Marginal note:Examination of site of mining operations

 If necessary in order to ascertain whether any mining or prospecting operations have been carried on so as to injure or be detrimental to a pipeline or its safety or security or the safety or security of the public, a company may, with the written permission of the Board and after giving twenty-four hours notice in writing, enter on any lands through or near which its pipeline passes where any mining or prospecting operations are being carried on, and enter into and return from the site of the operations, and for those purposes the company may make use of any apparatus used in connection with the operations and use all necessary means for discovering the distance from its pipeline to the place where the operations are being carried on.

  • R.S., 1985, c. N-7, s. 82
  • 2004, c. 15, s. 90

Marginal note:Compensation for severance, etc., of mining property

 A company shall, from time to time, pay to the owner, lessee or occupier of any mines such compensation as the Board fixes and orders to be paid for or by reason of any severance by a pipeline of the land lying over the mines, the working of the mines being prevented, stopped or interrupted, or the mines having to be worked in such manner and under such restrictions as not to injure or be detrimental to the pipeline, and also for any minerals not purchased by the company that cannot be obtained by reason of the construction and operation of its line.

  • R.S., c. N-6, s. 72

Application

Marginal note:Application restricted

 The provisions of this Part that provide negotiation and arbitration procedures to determine compensation matters apply in respect of all damage caused by the pipeline or abandoned pipeline or anything carried by the pipeline but do not apply to

  • (a) claims against a company arising out of activities of the company unless those activities are directly related to

    • (i) the acquisition of lands for a pipeline or abandoned pipeline,

    • (ii) the construction of the pipeline, or

    • (iii) the inspection, maintenance or repair of the pipeline or abandoned pipeline;

  • (b) claims against a company for loss of life or injury to the person; or

  • (c) awards of compensation or agreements respecting compensation made or entered into prior to March 1, 1983.

  • R.S., 1985, c. N-7, s. 84
  • 2001, c. 4, s. 103(E)
  • 2015, c. 21, s. 26

Acquisition of Lands

Definition of owner

 In sections 86 to 107, owner means any person who is entitled to compensation under section 75.

  • R.S., c. N-6, s. 73
  • 1980-81-82-83, c. 80, s. 5

Marginal note:Methods of acquisition

  •  (1) Subject to subsection (2), a company may acquire lands for a pipeline under a land acquisition agreement entered into between the company and the owner of the lands or, in the absence of such an agreement, in accordance with this Part.

  • Marginal note:Form of agreement

    (2) A company may not acquire lands for a pipeline under a land acquisition agreement unless the agreement includes provision for

    • (a) compensation for the acquisition of lands to be made, at the option of the owner of the lands, by one lump sum payment or by annual or periodic payments of equal or different amounts over a period of time;

    • (b) review every five years of the amount of any compensation payable in respect of which annual or other periodic payments have been selected;

    • (c) compensation for damages caused by the company’s operations, pipelines or abandoned pipelines;

    • (d) indemnification from all liabilities, damages, claims, suits and actions resulting from the company’s operations, pipelines or abandoned pipelines, other than liabilities, damages, claims, suits and actions resulting from

      • (i) in the Province of Quebec, the gross or intentional fault of the owner of the lands, and

      • (ii) anywhere else in Canada, the gross negligence or wilful misconduct of the owner of the lands;

    • (e) restricting the use of the lands to the line of pipe or other facility for which the lands are, by the agreement, specified to be required unless the owner of the lands consents to any proposed additional use at the time of the proposed additional use; and

    • (f) such additional matters as are, at the time the agreement is entered into, required to be included in a land acquisition agreement by any regulations made under paragraph 107(a).

  • R.S., 1985, c. N-7, s. 86
  • 2001, c. 4, s. 104
  • 2015, c. 21, s. 27
 
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