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

Act current to 2020-09-09 and last amended on 2018-03-29. Previous Versions

PART INational Energy Board (continued)


Marginal note:Secretary and other officers and employees

  •  (1) The Secretary and the other officers and employees necessary for the proper conduct of the business of the Board shall be appointed in the manner authorized by law.

  • Marginal note:Superannuation

    (2) For the purposes of the Public Service Superannuation Act, the members and Secretary of the Board and the officers and employees appointed as provided in subsection (1) shall be deemed to be persons employed in the public service.

  • Marginal note:Exception

    (3) Subsection (2) does not apply to a member of the Board appointed under subsection 4(1) unless the member was, immediately before being appointed, a person employed or deemed to be employed in the Public Service.

  • (4) [Repealed, 2013, c. 40, s. 200]

  • Marginal note:Deemed appointment

    (5) Where a position in the federal public administration is transferred to the Board within ninety days after this subsection comes into force, the incumbent of the position continues in the position in the Board and any person so continuing is deemed to have been appointed in accordance with subsection (1).

  • Marginal note:Probation

    (6) Notwithstanding subsection (5) and section 28 of the Public Service Employment Act, no person deemed by that subsection to have been appointed is subject to probation, unless that person was subject to probation immediately before the appointment, in which case that person continues to be subject to probation as if the position had not been transferred.

  • R.S., 1985, c. N-7, s. 9
  • 1994, c. 10, s. 19
  • 2000, c. 20, s. 27
  • 2003, c. 22, ss. 224(E), 225(E)
  • 2013, c. 40, s. 200

Marginal note:Experts

 The Governor in Council may appoint and fix the remuneration of experts or persons having technical or special knowledge to assist the Board in any matter in an advisory capacity.

  • R.S., c. N-6, s. 9

Powers of the Board

Marginal note:Board a court

  •  (1) The Board is a court of record.

  • Marginal note:Official Seal

    (2) The Board shall have an official seal, which shall be judicially noticed.

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

    (3) The Board has, with respect to the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its orders, the entry on and inspection of property 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:Expeditious proceedings

    (4) Subject to subsections 6(2.1) and (2.2), all applications and proceedings before the Board are to be dealt with as expeditiously as the circumstances and considerations of fairness permit, but, in any case, within the time limit provided for under this Act, if there is one.

  • R.S., 1985, c. N-7, s. 11
  • 2012, c. 19, s. 74

Marginal note:Jurisdiction

  •  (1) The Board has full and exclusive jurisdiction to inquire into, hear and determine any matter

    • (a) where it appears to the Board that any person has failed to do any act, matter or thing required to be done by this Act or by any regulation, certificate, licence or permit, or any order or direction made by the Board, or that any person has done or is doing any act, matter or thing contrary to or in contravention of this Act, or any such regulation, certificate, licence, permit, order or direction; or

    • (b) where it appears to the Board that the circumstances may require the Board, in the public interest, to make any order or give any direction, leave, sanction or approval that by law it is authorized to make or give, or with respect to any matter, act or thing that by this Act or any such regulation, certificate, licence, permit, order or direction is prohibited, sanctioned or required to be done.

  • Marginal note:Inquiry

    (1.1) The Board may inquire into any accident involving a pipeline, abandoned pipeline, international power line or other facility the construction or operation of which is regulated by the Board and may, at the conclusion of the inquiry, make

    • (a) findings as to the cause of the accident or factors contributing to it;

    • (b) recommendations relating to the prevention of future similar accidents; or

    • (c) any decision or order that the Board can make.

  • Marginal note:Matters of law and fact

    (2) For the purposes of this Act, the Board has full jurisdiction to hear and determine all matters, whether of law or of fact.

  • R.S., 1985, c. N-7, s. 12
  • 1990, c. 7, s. 5
  • 2015, c. 21, s. 5

Marginal note:Jurisdiction — Inuvialuit Settlement Region

  •  (1) The Board shall, for a period of 20 years beginning on the day on which this section comes into force, be the regulator — under any law of the Legislature of the Northwest Territories that is made under paragraph 19(1)(a), (b) or (c) of the Northwest Territories Act — in respect of that portion of the Inuvialuit Settlement Region, as defined in section 2 of the Canada Oil and Gas Operations Act, that is situated in the onshore as defined in section 2 of the Northwest Territories Act.

  • Marginal note:Successive periods and termination

    (2) The Government of Canada and the Government of the Northwest Territories may agree that the Board shall be the regulator for successive periods of 20 years each; they may also, before the expiry of each successive period, agree to its earlier termination.

  • 2014, c. 2, s. 18

Marginal note:Mandatory orders

 The Board may

  • (a) order and require any person to do, forthwith, or within or at any specified time and in any manner prescribed by the Board, any act, matter or thing that such person is or may be required to do under this Act, or any regulation, certificate, licence or permit, or any order or direction made or given under this Act; and

  • (b) forbid the doing or continuing of any act, matter or thing that is contrary to this Act or any such regulation, certificate, licence, permit, order or direction.

  • R.S., c. N-6, s. 12

Marginal note:Authorization regarding Board’s powers, duties and functions

  •  (1) The Chairperson may authorize one or more members, either jointly or severally, to exercise any of the Board’s powers or to perform any of the Board’s duties and functions under this Act, except those under subsection 45(3), sections 46, 47, 48, 52 to 54, 56, 58, 58.11, 58.14, 58.16, 58.32, 58.35, 58.37 and 129 and under Parts IV, VI, VII and IX.

  • Marginal note:Presumption

    (2) Any power exercised or any duty or function performed by a member or members under the authorization is considered to have been exercised or performed by the Board.

  • R.S., 1985, c. N-7, s. 14
  • 1990, c. 7, s. 6
  • 2012, c. 19, s. 75

Marginal note:Powers of members authorized to report

  •  (1) The Chairperson may authorize one or more of the members to report to the Board on any question or matter arising in connection with the business of or any application or proceeding before the Board, and the member or members so authorized have all the powers of the Board for the purpose of taking evidence or acquiring the necessary information for the purpose of making the report and the recommendations contained in it as to the decision or order of the Board to be made on the question or matter.

  • Marginal note:Not a quorum

    (1.1) Notwithstanding subsection 7(2) of this Act and paragraph 22(2)(a) of the Interpretation Act, three or more members authorized to report to the Board pursuant to subsection (1) do not constitute a quorum of the Board.

  • Marginal note:Board to deal with report

    (2) When a report is made to the Board under subsection (1), it may be adopted as the decision or order of the Board or otherwise dealt with as the Board considers advisable.

  • Marginal note:Board may act on own motion

    (3) The Board may of its own motion inquire into, hear and determine any matter or thing that under this Act it may inquire into, hear and determine.

  • R.S., 1985, c. N-7, s. 15
  • 1990, c. 7, s. 7
  • 2012, c. 19, ss. 76, 99(E)
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