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)

Orders and Decisions (continued)

Marginal note:Transfer of certificates and licences

  •  (1) A transfer of a certificate or a licence is not effective until authorized by the Board.

  • Marginal note:Idem

    (2) In authorizing the transfer of a certificate or licence, the Board may, with the approval of the Governor in Council, impose, in addition to or in lieu of any terms and conditions to which the certificate or licence was previously subject, any further or other terms and conditions that the Board considers necessary or desirable in order to give effect to the purposes and provisions of this Act.

  • 1990, c. 7, s. 10
  • 2015, c. 21, s. 7

Marginal note:Transfer of permits

  •  (1) A transfer of a permit is not effective until authorized by the Board.

  • Marginal note:Idem

    (2) The Board may, in authorizing the transfer of a permit, impose, in addition to or in lieu of any terms and conditions to which the permit was previously subject, such further or other terms and conditions respecting the matters prescribed by the regulations as the Board considers necessary or desirable in order to give effect to the purposes and provisions of this Act.

  • 1990, c. 7, s. 10

Marginal note:Appeal to Federal Court of Appeal

  •  (1) An appeal lies from a decision or order of the Board to the Federal Court of Appeal on a question of law or of jurisdiction, after leave to appeal is obtained from that Court.

  • Marginal note:Application for leave to appeal

    (1.1) An application for leave to appeal must be made within thirty days after the release of the decision or order sought to be appealed from or within such further time as a judge of that Court under special circumstances allows.

  • Marginal note:Entry of appeal

    (2) No appeal lies after leave has been obtained under subsection (1) unless it is entered in the Federal Court of Appeal within sixty days from the making of the order granting leave to appeal.

  • Marginal note:Board may be heard

    (3) The Board is entitled to be heard by counsel or otherwise on the argument of an appeal.

  • Marginal note:Report not decision or order

    (4) For greater certainty, for the purpose of this section, no report submitted by the Board under section 52 or 53 — or under section 29 or 30 of the Canadian Environmental Assessment Act, 2012 — and no part of any such report, is a decision or order of the Board.

  • R.S., 1985, c. N-7, s. 22
  • 1990, c. 7, s. 11
  • 2012, c. 19, s. 80

Marginal note:Decisions final

  •  (1) Except as provided in this Act, every decision or order of the Board is final and conclusive.

  • Marginal note:Decision or order

    (2) Any minute or other record of the Board or any document issued by the Board, in the form of a decision or order, shall for the purposes of this section be deemed to be a decision or order of the Board.

  • R.S., c. N-6, s. 19
  • R.S., c. 10(2nd Supp.), s. 65

Marginal note:Public hearings

  •  (1) Subject to subsection (2), hearings before the Board with respect to the issuance, revocation or suspension of certificates or for leave to abandon the operation of a pipeline shall be public.

  • Marginal note:Exception

    (2) A public hearing need not be held where the Board, on the application or with the consent of the holder, revokes or suspends

    • (a) a certificate issued in respect of an international or interprovincial power line, regardless of whether the power line has been brought into commercial operation under that certificate; or

    • (b) a certificate issued in respect of a pipeline, if the pipeline has not been brought into commercial operation under that certificate.

  • Marginal note:Other matters

    (3) The Board may hold a public hearing in respect of any other matter if it considers it advisable to do so.

  • R.S., 1985, c. N-7, s. 24
  • 1990, c. 7, s. 12
  • 2012, c. 19, s. 81

Fees, Levies and Charges

Marginal note:Regulations imposing fees, etc.

  •  (1) Subject to the approval of the Treasury Board, the National Energy Board may, for the purposes of recovering all or a portion of such costs as the National Energy Board determines to be attributable to its responsibilities under this or any other Act of Parliament, make regulations

    • (a) imposing fees, levies or charges on any person or company authorized under this Act to

      • (i) construct or operate a pipeline or an international or interprovincial power line,

      • (ii) charge tolls,

      • (iii) export or import oil or gas, or

      • (iv) export electricity; and

    • (b) providing for the manner of calculating the fees, levies and charges in respect of the person or company and their payment to the National Energy Board.

  • Marginal note:Interest on late payments

    (2) A regulation made under subsection (1) may specify the rate of interest or the manner of calculating the rate of interest payable by a person or company on any fee, levy or charge not paid by the person or company on or before the date it is due and the time from which interest is payable.

  • Marginal note:Debt due to Her Majesty

    (3) Fees, levies or charges imposed under this section and any interest payable on them constitute a debt to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

  • 1990, c. 7, s. 13

Proof of Documents

Marginal note:Proof of documents

 In any action or other proceedings

  • (a) any document purporting to be certified by the Secretary, or by any other person authorized by the Board to certify documents for the purposes of this section, and sealed with the seal of the Board to be a true copy of any minute, decision, licence, certificate, permit, order, instruction, book of reference, book entry, plan, drawing or other document or any part thereof, is, without proof of the signature of the Secretary or other person, evidence of the original document of which it purports to be a copy, and that the document was made, given, issued or deposited at the time stated in the certification, if a time is stated therein, and is signed, certified, attested or executed by the persons by whom and in the manner in which the document purports to be signed, certified, attested or executed as shown or appearing from the certified copy; and

  • (b) a document purporting to be certified by the Secretary, or by any other person authorized by the Board to certify documents for the purposes of this section, and sealed with the seal of the Board stating that a valid and subsisting document of authorization has or has not been issued by the Board to a person or persons named in the certified document, is evidence of the facts stated in it, without proof of the signature or official character of the person appearing to have signed the document and without further proof.

  • R.S., 1985, c. N-7, s. 25
  • 2007, c. 35, s. 153

PART IIAdvisory Functions

Marginal note:Study and review

  •  (1) The Board shall study and keep under review matters over which Parliament has jurisdiction relating to

    • (a) the exploration for, and the production, recovery, manufacture, processing, transmission, transportation, distribution, sale, purchase, exchange and disposal of, energy and sources of energy in and outside Canada; and

    • (b) the safety and security of pipelines and international power lines.

  • Marginal note:Report and recommendations to Minister

    (1.1) The Board shall report on the matters referred to in subsection (1) from time to time to the Minister and shall recommend to the Minister such measures within the jurisdiction of Parliament as it considers necessary or advisable in the public interest for

    • (a) the control, supervision, conservation, use, marketing and development of energy and sources of energy; and

    • (b) the safety and security of pipelines and international power lines.

  • Marginal note:Request of Minister

    (2) The Board shall, with respect to energy matters, sources of energy and the safety and security of pipelines and international power lines,

    • (a) provide the Minister with such advice as the Minister may request, including advice relating to the export pricing of oil and gas;

    • (b) prepare such studies and reports as the Minister may request; and

    • (c) recommend to the Minister the making of such arrangements as it considers desirable for cooperation with governmental or other agencies in or outside Canada.

  • Marginal note:Use of government agencies

    (3) In carrying out its duties and functions under this section, the Board shall, wherever appropriate, utilize agencies of the Government of Canada to obtain technical, economic and statistical information and advice.

  • Marginal note:Other advisory functions

    (4) The Board and its officers and employees may, on request, provide advice about energy matters, sources of energy and the safety and security of pipelines and international power lines to

    • (a) ministers, officers and employees of any government department or ministry, whether federal, provincial or territorial; and

    • (b) members, officers and employees of any government agency, whether federal, provincial or territorial.

  • R.S., 1985, c. N-7, s. 26
  • 1994, c. 10, s. 22
  • 2004, c. 15, s. 83
 
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