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)

Acquisition of Lands (continued)

Marginal note:Notice of proposed acquisition of lands

  •  (1) When a company has determined the lands that may be required for the purposes of a section or part of a pipeline, the company shall serve a notice on all owners of the lands, in so far as they can be ascertained, which notice shall 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; and

    • (e) a description of the procedure available for negotiation and arbitration 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.

  • Marginal note:Agreement void or null

    (2) If a land acquisition agreement referred to in section 86 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 the province of Quebec, null.

  • Marginal note:Abandonment: company’s liability

    (3) Where a company serves a notice on an owner of lands under subsection (1) and subsequently decides not to acquire 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 of the land and the owner may bring an action to recover the amount of the damages and costs in any court of competent jurisdiction in the province in which the land is situated.

  • R.S., 1985, c. N-7, s. 87
  • 2004, c. 25, s. 158(E)

Negotiation Proceedings

Marginal note:Request for negotiations

  •  (1) If a company and an owner of lands have not agreed on the amount of compensation payable under this Act for the acquisition of lands or for damages caused by the company’s operations, pipelines or abandoned pipelines, or on any issue related to that compensation, the company or the owner may serve notice of negotiation on the other of them and on the Minister requesting that the matter be negotiated under subsection (3).

  • Marginal note:Appointment of negotiator

    (2) Forthwith after a notice of negotiation is served on the Minister, the Minister shall appoint a negotiator and provide the negotiator with a copy of the notice of negotiation.

  • Marginal note:Proceedings

    (3) A negotiator shall, on reasonable notice to the parties to the negotiation proceedings, meet with them and, without prejudice to any subsequent proceedings, proceed in a summary and informal manner to negotiate a settlement of the matter referred to in the notice of negotiation.

  • Marginal note:Inspection of lands

    (4) A negotiator may enter on and make such inspection of the lands to which the negotiation proceedings relate as the negotiator deems necessary.

  • R.S., 1985, c. N-7, s. 88
  • 2015, c. 21, s. 28

Marginal note:Report of negotiator

 A negotiator shall, within sixty days after the commencement of the negotiation proceedings, report to the Minister the success or failure of the negotiations and shall thereupon send a copy of the report to both parties.

  • 1980-81-82-83, c. 80, s. 5

Arbitration Proceedings

Marginal note:Request for arbitration

  •  (1) Where a company or an owner of lands wishes to dispense with negotiation proceedings under this Part or where negotiation proceedings conducted under this Part do not result in settlement of any compensation matter referred to in subsection 88(1), the company or the owner may serve notice of arbitration on the other of them and on the Minister requesting that the matter be determined by arbitration.

  • Marginal note:If subsequent disputes not settled

    (2) If a company and a person who has had an award of compensation made in their favour or has entered into an agreement respecting compensation with the company are unable to settle any claim for damages caused by the company’s operations, pipelines or abandoned pipelines, or any matter respecting the compensation payable if annual or other periodic payments have been selected, the company or the person may serve notice of arbitration on the other of them and on the Minister requesting that the matter be determined by arbitration.

  • R.S., 1985, c. N-7, s. 90
  • 2015, c. 21, s. 29

Marginal note:Duties of Minister

  •  (1) Within six months from the day on which the Minister is served with a notice of arbitration under this Part, the Minister shall,

    • (a) if an Arbitration Committee exists to deal with the matter referred to in the notice, serve the notice on that Committee; or

    • (b) if no Arbitration Committee exists to deal with the matter, appoint an Arbitration Committee and serve the notice on that Committee.

  • Marginal note:Exception

    (2) The Minister shall not take any action under subsection (1) where the Minister is satisfied that the matter referred to in a notice of arbitration served on the Minister is a matter

    • (a) solely related to the amount of compensation that has been previously awarded by an Arbitration Committee and that, under the award, the amount is not subject to a review at the time the notice is served; or

    • (b) to which the arbitration procedures set out in this Part do not apply.

  • Marginal note:Appointment of Committee without notice

    (3) The Minister may, of his own motion and without having been served with a notice of arbitration referred to in subsection (1), appoint an Arbitration Committee.

  • R.S., 1985, c. N-7, s. 91
  • 2015, c. 21, s. 30

Marginal note:Replacing member

  •  (1) If a member of an Arbitration Committee becomes incapacitated, resigns or dies, resulting in the loss of quorum, the Minister may appoint a replacement for that member.

  • Marginal note:Effects of replacing member

    (2) If a replacement is appointed under subsection (1) to replace a member,

    • (a) evidence and representations received by the Arbitration Committee before the replacement was appointed are considered to have been received after the replacement was appointed; and

    • (b) the Arbitration Committee is bound by every decision that it made before the replacement was appointed unless it elects to review, vary or rescind a decision.

  • 2015, c. 21, s. 31

Marginal note:Membership

  •  (1) An Arbitration Committee shall consist of not less than three members appointed by the Minister each of whom shall receive such remuneration as is fixed by the Minister with the approval of the Governor in Council.

  • Marginal note:Settlement land or Tetlit Gwich’in Yukon land

    (1.1) One member of an Arbitration Committee appointed to determine a compensation matter involving land referred to in section 78.1 must be a member nominated by the Yukon first nation concerned or the Gwich’in Tribal Council, as the case may be.

  • Marginal note:Exclusion of certain persons as members

    (2) No member of the Board or officer or employee of the Board shall be appointed a member of an Arbitration Committee.

  • Marginal note:Designation of Chairperson

    (3) The Minister shall designate one member of an Arbitration Committee to be its Chairperson.

  • Marginal note:Appointment of persons to assist

    (4) The Minister may appoint such persons as the Minister deems necessary to assist an Arbitration Committee in carrying out its duties under this Part.

  • Marginal note:Acting Chairperson

    (5) If the Chairperson of an Arbitration Committee is absent or unable to act or if the office is vacant, the other members of the Committee may authorize one of its members to act as Chairperson during the absence or incapacity of the Chairperson or vacancy in the office.

  • Marginal note:Expenses

    (6) Each member of an Arbitration Committee is entitled to be paid reasonable travel and other expenses incurred in the performance of his duties while away from his ordinary place of residence.

  • R.S., 1985, c. N-7, s. 92
  • 1994, c. 43, s. 88
  • 2012, c. 19, s. 99(E)

Marginal note:Quorum and functions

  •  (1) Three members of an Arbitration Committee constitute a quorum and may perform any function of the Committee and, when performing such a function, have all the powers and jurisdiction of the Committee.

  • Marginal note:Signature on decisions, etc.

    (2) All decisions, orders, notices, directions and other documents made, given or issued by an Arbitration Committee shall be signed by its Chairperson.

  • Marginal note:Powers with respect to witnesses, etc.

    (3) An Arbitration Committee has, with respect to the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its decisions or orders and other matters necessary or proper for the due exercise of its jurisdiction, all such powers, rights and privileges as are vested in a superior court of record.

  • Marginal note:Records to be kept

    (4) An Arbitration Committee shall cause records to be kept of its hearings and proceedings and shall deposit its records with the Minister when the activities of the Committee to which the records relate have ceased.

  • Marginal note:Written decisions

    (5) An Arbitration Committee shall render its decision and the reasons for it in writing within six months from the day on which it concludes a hearing.

  • Marginal note:Continuation of obligation

    (6) A failure by an Arbitration Committee to comply with subsection (5) within the required time limit does not affect its obligation to render the decision, and anything done by it in relation to that decision remains valid.

  • R.S., 1985, c. N-7, s. 93
  • 2012, c. 19, s. 99(E)
  • 2015, c. 21, s. 32
 
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