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 INational Energy Board (continued)

Powers of the Board (continued)

Marginal note:Incapacity of single member

  •  (1) If a member who is conducting a hearing under an authorization under section 14 or 15 becomes incapacitated, resigns or dies during the hearing or after the conclusion of the hearing but before making a decision or report, the Chairperson may authorize another member

    • (a) to continue the hearing and to make a decision or report to the Board, if the incapacity, resignation or death occurs during the hearing; or

    • (b) to examine all the evidence presented at the hearing and to make a decision, or report to the Board, based on the evidence, if the incapacity, resignation or death occurs after the conclusion of the hearing but before a decision is given or a report to the Board is made.

  • Marginal note:Incapacity of member of quorum

    (2) If a hearing is being conducted by three members and one member becomes incapacitated, resigns or dies during the hearing or after the conclusion of it but before a decision is given,

    • (a) the Chairperson may authorize another member to replace the incapacitated or deceased member, or the member who resigned, for the rest of the hearing and to participate in the decision, if the incapacity, resignation or death occurs during the hearing; or

    • (b) if the incapacity, resignation or death occurs after the conclusion of the hearing but before a decision is given, the remaining members may, if unanimous, give a decision as if the incapacitated or deceased member, or the member who resigned, were present and participating in the decision.

  • Marginal note:Incapacity of member — Part III certificate

    (3) If a hearing in relation to an application for a certificate under Part III is being conducted by three members and one member becomes incapacitated, resigns or dies during the hearing or after its conclusion but before the report that is required to be prepared under subsection 52(1) is finalized,

    • (a) the Chairperson may authorize another member to replace the incapacitated or deceased member, or the member who resigned, for the rest of the hearing and to participate in the finalizing of the report, if the incapacity, resignation or death occurs during the hearing; or

    • (b) if the incapacity, resignation or death occurs after the conclusion of the hearing but before the report is finalized, the remaining members may, if unanimous, finalize the report as if the incapacitated or deceased member, or the member who resigned, were present and participating in its finalization.

  • Marginal note:Effects of authorization

    (4) If a member is authorized under paragraph (2)(a) or (3)(a) to replace a member,

    • (a) evidence and representations received by the Board in the course of the hearing before the replacement are considered to have been received after the replacement; and

    • (b) the Board is bound by every decision made by the Board in the course of the hearing before the replacement unless the Board elects to review, vary or rescind a decision.

  • Marginal note:Chairperson’s powers

    (5) Nothing in subsections (1) to (3) precludes the Chairperson from taking a measure under subsection 6(2.2).

  • Marginal note:Member ceasing to hold office

    (6) A person who resigns or otherwise ceases to hold office as a member may, if authorized to do so by the Chairperson and on any terms and conditions that the Chairperson prescribes, continue to inquire into, hear and conclude any proceeding to which that person was assigned while that person was a member and the person shall for that purpose be considered to continue to be a member.

  • R.S., 1985, c. N-7, s. 16
  • 1990, c. 7, s. 8
  • 2012, c. 19, s. 77

Marginal note:Confidentiality

 In any proceedings under this Act, the Board may take any measures and make any order that it considers necessary to ensure the confidentiality of any information likely to be disclosed in the proceedings if the Board is satisfied that

  • (a) disclosure of the information could reasonably be expected to result in a material loss or gain to a person directly affected by the proceedings, or could reasonably be expected to prejudice the person’s competitive position; or

  • (b) the information is financial, commercial, scientific or technical information that is confidential information supplied to the Board and

    • (i) the information has been consistently treated as confidential information by a person directly affected by the proceedings, and

    • (ii) the Board considers that the person’s interest in confidentiality outweighs the public interest in disclosure of the proceedings.

  • 1994, c. 10, s. 20

Marginal note:Confidentiality

 In respect of any order, or in any proceedings, of the Board under this Act, the Board may take any measures and make any order that the Board considers necessary to ensure the confidentiality of information that is contained in the order or is likely to be disclosed in the proceedings if the Board is satisfied that

  • (a) there is a real and substantial risk that disclosure of the information will impair the security of pipelines, international power lines, buildings, structures or systems, including computer or communication systems, or methods employed to protect them; and

  • (b) the need to prevent disclosure of the information outweighs the public interest in disclosure of orders and proceedings of the Board.

  • 2004, c. 15, s. 82

Marginal note:Participant funding program

 For the purposes of this Act, the Board may establish a participant funding program to facilitate the participation of the public in hearings that are held under section 24.

  • 2010, c. 12, s. 2149

Orders and Decisions

Marginal note:Enforcement of Board orders

  •  (1) Any decision or order made by the Board may, for the purpose of enforcement thereof, be made a rule, order or decree of the Federal Court or of a superior court of a province and shall be enforced in like manner as a rule, order or decree of that court.

  • Marginal note:Procedure for enforcement

    (2) To make a decision or order of the Board a rule, order or decree of the Federal Court or a superior court, the usual practice and procedure of the court in such matters may be followed, or in lieu thereof the Secretary may produce to the court a certified copy of the decision or order under the seal of the Board and thereupon the decision or order becomes a rule, order or decree of the court.

  • R.S., c. N-6, s. 15
  • R.S., c. 10(2nd Supp.), s. 64

Marginal note:General or particular orders

 Where the Board may make or issue any order or direction or prescribe any terms or conditions or do any other thing in relation to any person, the Board may do so, either generally or in any particular case or class of cases.

  • R.S., 1985, c. N-7, s. 18
  • 2007, c. 35, s. 152(E)

Marginal note:Conditional orders, etc.

  •  (1) Without limiting the generality of any provision of this Act that authorizes the Board to impose terms and conditions in respect of a certificate, licence or order issued by the Board, the Board may direct in any certificate, licence or order that it or any portion or provision thereof shall come into force at a future time or on the happening of any contingency, event or condition specified in the certificate, licence or order or on the performance to the satisfaction of the Board of any conditions that the Board may impose in the certificate, licence or order, and the Board may direct that the whole or any portion of the certificate, licence or order shall have force for a limited time or until the happening of a specified event.

  • Marginal note:Non-application

    (1.1) Subsection (1) does not apply in respect of an application for a certificate under Part III.

  • Marginal note:Interim orders

    (2) The Board may, instead of making an order final in the first instance, make an interim order, and may reserve its decision pending further proceedings in connection with any matter.

  • R.S., 1985, c. N-7, s. 19
  • 2012, c. 19, s. 78

Marginal note:Granting of relief may be partial

  •  (1) On any application made to the Board, the Board may make a decision or order granting the whole or part only of the application, or may grant such further or other related relief, in addition to or in lieu of that applied for, as to the Board may seem just and proper, to the same extent as if the application had been for such partial or related relief.

  • Marginal note:Non-application

    (2) Subsection (1) does not apply in respect of an application for a certificate under Part III.

  • R.S., 1985, c. N-7, s. 20
  • 1990, c. 7, s. 9(E)
  • 2012, c. 19, s. 79

Marginal note:Review, etc., of decisions and orders

  •  (1) Subject to subsection (2), the Board may review, vary or rescind any decision or order made by it or rehear any application before deciding it.

  • Marginal note:Variation of certificates, licences and permits

    (2) The Board may vary a certificate, licence or permit but the variation of a certificate or licence, other than a variation changing the name of the holder of a certificate in respect of a pipeline or the name of the holder of a licence, is not effective until it is approved by the Governor in Council.

  • Marginal note:Exception

    (3) This section does not apply to

  • R.S., 1985, c. N-7, s. 21
  • 1990, c. 7, s. 10
  • 1994, c. 10, s. 21
  • 2015, c. 21, s. 6
 
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