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

Act current to 2020-03-05 and last amended on 2018-03-29. Previous Versions

PART VPowers of Pipeline Companies (continued)

Arbitration Proceedings (continued)

Marginal note:Hearings and inspection of property

 An Arbitration Committee may

  • (a) hold hearings at such times and places as it considers expedient; and

  • (b) enter on and inspect, or authorize any person to enter on and inspect, any land, building, works or other property associated with any matter referred to the Committee.

  • 1980-81-82-83, c. 80, s. 5

Marginal note:Commencement of proceedings

 When a notice of arbitration is served on an Arbitration Committee, the Committee shall

  • (a) fix a suitable time and place for a hearing in order to determine all compensation matters referred to in the notice; and

  • (b) serve notice of the hearing on the parties to which the hearing relates.

  • 1980-81-82-83, c. 80, s. 5

Marginal note:Limitation period or prescription

  •  (1) An Arbitration Committee shall conclude a hearing within 18 months from the day on which it is served with a notice of arbitration that is, in its opinion, complete.

  • Marginal note:Continuation of jurisdiction

    (2) A failure by an Arbitration Committee to comply with subsection (1) within the required time limit does not affect its jurisdiction to deal with the matter referred to in the notice, and anything done by it in relation to that matter remains valid.

  • 2015, c. 21, s. 33

Marginal note:Termination of Arbitration Committee

 The Minister may terminate the appointment of the members of an Arbitration Committee if the Minister is satisfied that the Committee has no arbitration work to carry out.

  • 1980-81-82-83, c. 80, s. 5

Marginal note:Determination of compensation

  •  (1) An Arbitration Committee shall determine all compensation matters referred to in a notice of arbitration served on it and in doing so shall consider the following factors where applicable:

    • (a) the market value of the lands taken by the company;

    • (b) where annual or periodic payments are being made pursuant to an agreement or an arbitration decision, changes in the market value referred to in paragraph (a) since the agreement or decision or since the last review and adjustment of those payments, as the case may be;

    • (c) the loss of use to the owner of the lands taken by the company;

    • (d) the adverse effect of the taking of the lands by the company on the remaining lands of an owner;

    • (e) the nuisance, inconvenience and noise that may reasonably be expected to be caused by or arise from or in connection with the operations of the company;

    • (f) the damage to lands in the area of the lands taken by the company that might reasonably be expected to be caused by the operations of the company;

    • (g) loss of or damage to livestock or other personal property or movable affected by the operations of the company;

    • (h) any special difficulties in relocation of an owner or his property; and

    • (i) such other factors as the Committee considers proper in the circumstances.

  • Definition of market value

    (2) For the purpose of paragraph (1)(a), market value is the amount that would have been paid for the lands if, at the time of their taking, they had been sold in the open market by a willing seller to a willing buyer.

  • R.S., 1985, c. N-7, s. 97
  • 2004, c. 25, s. 159

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

 Where an Arbitration Committee is appointed to determine a compensation matter involving land referred to in section 78.1, sections 3, 26 to 31, 36, 54 to 58, 63, 67 and 72 of the Yukon Surface Rights Board Act apply to the Arbitration Committee as if it were the Yukon Surface Rights Board.

  • 1994, c. 43, s. 89

Marginal note:Form of compensation payment where land taken

  •  (1) Where an Arbitration Committee makes an award of compensation in favour of a person whose lands are taken by a company, the Committee shall direct, at the option of that person, that the compensation or such part of it as is specified by that person be made by one lump sum payment or by annual or periodic payments of equal or different amounts over a period of time.

  • Marginal note:Idem, in other cases

    (2) Where an Arbitration Committee makes an award of compensation in favour of any person other than a person referred to in subsection (1), the Committee may direct, at the request of that person, that the compensation or such part of it as is specified by that person be made by annual or periodic payments of equal or different amounts over a period of time and that there be a periodic review of the compensation or part thereof.

  • Marginal note:Terms to be included in award

    (3) Every award of compensation made by an Arbitration Committee in respect of lands acquired by a company shall include provision for those matters referred to in paragraphs 86(2)(b) to (f) that would be required to be included in a land acquisition agreement referred to in section 86.

  • Marginal note:Interest may be payable

    (4) An Arbitration Committee may direct a company to pay interest on the amount of any compensation awarded by the Committee at the lowest rate of interest quoted by banks to the most credit-worthy borrowers for prime business loans, as determined and published by the Bank of Canada for the month in which

    • (a) the company entered the lands in respect of which the compensation is awarded, or

    • (b) the damages suffered as a result of the operations of the company first occurred,

    as the case may be.

  • Marginal note:Idem

    (5) Interest may be awarded under subsection (4) from the date the event referred to in paragraph (4)(a) or (b), as the case may be, occurred or from such later date as the Arbitration Committee may specify in its award.

  • 1980-81-82-83, c. 80, s. 5

Marginal note:Costs

  •  (1) Where the amount of compensation awarded to a person by an Arbitration Committee exceeds eighty-five per cent of the amount of compensation offered by the company, the company shall pay all legal, appraisal and other costs determined by the Committee to have been reasonably incurred by that person in asserting that person’s claim for compensation.

  • Marginal note:Idem

    (2) Where the amount of compensation awarded to a person by an Arbitration Committee does not exceed eighty-five per cent of the amount of compensation offered by the company, the legal, appraisal and other costs incurred by that person in asserting his claim for compensation are in the discretion of the Committee, and the Committee may direct that the whole or any part of those costs be paid by the company or by any other party to the proceedings.

  • R.S., 1985, c. N-7, s. 99
  • 1990, c. 7, s. 25(F)

Marginal note:Decisions

  •  (1) An Arbitration Committee shall, forthwith after rendering its decision in an arbitration proceeding, forward by registered mail to the company and to each other party to the proceeding a certified copy of the decision.

  • Marginal note:Power to amend, etc.

    (2) An Arbitration Committee may review, rescind, amend or substitute a decision of an Arbitration Committee but nothing in this subsection shall be construed as authorizing an Arbitration Committee to rescind, amend or substitute the amount of compensation awarded by an Arbitration Committee unless the amount is, under the award, subject to a review after a period of time specified in the award and the period of time has expired.

  • 1980-81-82-83, c. 80, s. 5

Marginal note:Appeals

 A decision, order or direction of an Arbitration Committee may, on a question of law or a question of jurisdiction, be appealed to the Federal Court within thirty days after the day on which the decision, order or direction is made, given or issued or within such further time as that Court or a judge thereof under special circumstances may allow.

  • R.S., 1985, c. N-7, s. 101
  • 2002, c. 8, s. 183

Marginal note:Enforcement of decisions

 A decision, order or direction of an Arbitration Committee may, for the purpose of enforcement thereof, be made a rule, order or decree of the Federal Court or of a superior court in any province and shall be enforced in the same manner as a rule, order or decree of that court.

  • 1980-81-82-83, c. 80, s. 5
 
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