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)

Arbitration Proceedings (continued)

Marginal note:Agreements supersede Committee decisions

 Where, at any time after a decision of an Arbitration Committee has been made in respect of lands acquired by a company, the parties affected thereby enter into a land acquisition agreement referred to in subsection 86(2), the agreement supersedes the decision of the Committee.

  • 1980-81-82-83, c. 80, s. 5

Right of Entry

Marginal note:Immediate right of entry

  •  (1) Subject to subsection (2), the Board may, on application in writing by a company, if the Board considers it proper to do so, issue an order to the company granting it an immediate right to enter any lands on such terms and conditions, if any, as the Board may specify in the order.

  • Marginal note:Where immediate right of entry prohibited

    (2) An order under subsection (1) shall not be issued in respect of any lands unless the company making the application for the order satisfies the Board that the owner of the lands has, not less than thirty days and not more than sixty days prior to the date of the application, been served with a notice setting out

    • (a) the date the company intends to make its application to the Board under subsection (1);

    • (b) the date the company wishes to enter the lands;

    • (c) the address of the Board to which any objection in writing that the owner might wish to make concerning the issuance of the order may be sent; and

    • (d) a description of the right of the owner to an advance of compensation under section 105 if the order is issued and the amount of the advance that the company is prepared to make.

  • 1980-81-82-83, c. 80, s. 5

Marginal note:Advance of compensation

 Where a company has been granted an immediate right to enter any lands under subsection 104(1), the owner of the lands is entitled to receive from the company an amount as an advance of the compensation referred to in subsection 88(1) and where the owner has not received an advance or is not agreeable to the amount of the advance offered by the company, the owner may serve a notice of arbitration on the company and on the Minister requesting that the matter be determined by arbitration.

  • 1980-81-82-83, c. 80, s. 5

Marginal note:Vesting and registration

 An order under subsection 104(1) granting to a company an immediate right to enter any lands

  • (a) shall be deemed to vest in the company any title, interest or right in the lands in respect of which the order is granted that is specified in the order; and

  • (b) shall be deposited in, and shall be registered, recorded or filed, as the case requires, by the registrar of deeds of, the land registry or land titles office in which land transactions affecting those lands may be deposited, registered, recorded or filed.

  • R.S., 1985, c. N-7, s. 106
  • 2004, c. 25, s. 160

Marginal note:Regulations

 The Minister may, with the approval of the Governor in Council, make regulations

  • (a) prescribing, in addition to the matters specified in paragraphs 86(2)(a) to (e), other matters that shall be included in a land acquisition agreement between a company and an owner of lands;

  • (b) providing for substituted service of any notice required to be served under section 34 or under this Part;

  • (c) prescribing the form of notices under this Part;

  • (d) governing the conduct of proceedings at public hearings held by an Arbitration Committee; and

  • (e) generally for carrying out the purposes and provisions of this Part.

  • 1980-81-82-83, c. 80, s. 5

Construction over other Utility Lines, etc.

Marginal note:Construction — utility

  •  (1) Subject to subsection (4), no company shall construct a pipeline that passes on, over, along or under a utility unless a certificate has been issued, or an order has been made under section 58, in respect of the pipeline, and

    • (a) the certificate or order contains a term or condition relating to that utility;

    • (b) the company has been granted leave under subsection (2); or

    • (c) the company is constructing the pipeline in circumstances specified in an order or regulation made under subsection (4).

  • Marginal note:Authority to grant leave

    (2) The Board may, by order, on application, grant a company leave to construct a pipeline that passes on, over, along or under a utility. It may require from the applicant any plans, profiles and other information that it considers necessary to deal with the application.

  • Marginal note:Terms and conditions

    (3) The leave may be granted in whole or in part and be subject to terms and conditions.

  • Marginal note:Circumstances

    (4) The Board may make orders or regulations specifying circumstances for the purposes of paragraph (1)(c).

  • Marginal note:Leave in emergency cases

    (5) The Board may grant leave under subsection (2) after construction of the proposed work has commenced if is satisfied that the work was urgently required and, before the commencement of construction, it was notified of the company’s intention to proceed with the proposed work.

  • Definition of utility

    (6) In this section, utility means a highway, an irrigation ditch, a publicly owned or operated drainage system, sewer or dike, an underground telegraph or telephone line or a line for the transmission of hydrocarbons, electricity or any other substance.

  • R.S., 1985, c. N-7, s. 108
  • R.S., 1985, c. 28 (3rd Supp.), s. 359
  • 1990, c. 7, s. 26
  • 1996, c. 10, s. 244
  • 2012, c. 19, s. 91

Marginal note:Construction or operation — navigable water

 No person shall construct or operate a pipeline that passes in, on, over, under through or across a navigable water unless a certificate has been issued, or an order has been made under section 58, in respect of the pipeline.

  • R.S., 1985, c. N-7, s. 109
  • 1990, c. 7, s. 27
  • 2012, c. 19, s. 91

Marginal note:Effects of recommendation on navigation

  •  (1) In addition to any other factor that it considers appropriate, the Board shall take into account the effects that the issuance of a certificate in respect of a pipeline that passes in, on, over, under, through or across a navigable water might have on navigation, including safety of navigation, when making its recommendation in a report prepared under subsection 52(1).

  • Marginal note:Effects of decision on navigation

    (2) In addition to any other factor that it considers appropriate, the Board shall take into account the effects that its decision might have on navigation, including safety of navigation, when deciding whether to make an order, give a direction or grant a leave, approval or exemption in respect of a pipeline that passes in, on, over, under, through or across a navigable water.

  • R.S., 1985, c. N-7, s. 110
  • 2012, c. 19, s. 91

Marginal note:Pipeline not work

 Despite the definition work in section 2 of the Navigation Protection Act, a pipeline is not a work to which that Act applies.

  • R.S., 1985, c. N-7, s. 111
  • 2001, c. 4, s. 105
  • 2004, c. 25, s. 161
  • 2012, c. 19, s. 91, c. 31, s. 349

Marginal note:Regulations

  •  (1) The Governor in Council may, for purposes related to navigation, on the joint recommendation of the Minister and the Minister of Transport, make regulations respecting sections or parts of pipelines that pass in, on, over, under, through or across a navigable water, including regulations respecting

    • (a) their design, construction or operation;

    • (b) the making of deviations, changes or alterations to them;

    • (c) their diversion or relocation;

    • (d) the safety and security of their operation; and

    • (e) the abandonment of their operation.

  • Marginal note:Offence

    (2) Every person who contravenes a regulation made under subsection (1) is guilty of an offence punishable on summary conviction.

  • 2012, c. 19, s. 91
 
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