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 IIAdvisory Functions (continued)

Marginal note:Publication of studies and reports

 Studies and reports of the Board made under this Part may be made public with the approval of the Minister.

  • R.S., c. N-6, s. 23

Marginal note:Powers of Board

 For the purposes of this Part, the Board has all the powers of commissioners under Part I of the Inquiries Act.

  • R.S., c. N-6, s. 24

PART II.1Oil and Gas Interests, Production and Conservation

Interpretation

Definitions of oil and gas

 For the purposes of this Part, oil and gas have the same meaning as in the Canada Oil and Gas Operations Act.

  • 1994, c. 10, s. 23

Declarations of Significant Discovery and Commercial Discovery

Marginal note:Application

  •  (1) This section applies to any decision of the Board to make, amend or revoke a declaration of significant discovery under section 28 of the Canada Petroleum Resources Act or a declaration of commercial discovery under section 35 of that Act.

  • Marginal note:Notice

    (2) At least thirty days before making a decision to which this section applies, the Board shall give written notice of its intention to make the decision to any person the Board considers to be directly affected by the decision.

  • Marginal note:Request for hearing

    (3) A person to whom notice is given may, in writing, request a hearing in respect of the decision, but the request must be received by the Board within thirty days after the notice is given.

  • Marginal note:Decision if no request received

    (4) If no request is received in accordance with subsection (3), the Board may make the decision.

  • Marginal note:Hearing if request received

    (5) If a request is received in accordance with subsection (3), the Board shall fix a suitable time and place for the hearing and notify each person who requested the hearing.

  • Marginal note:Representations

    (6) Each person who requests a hearing may make representations and introduce witnesses and documents at the hearing.

  • Marginal note:Decision

    (7) At or after the conclusion of the hearing, the Board shall make the decision, give notice of it to each person who requested the hearing and, if the person requests reasons, publish or make available the reasons for the decision.

  • 1994, c. 10, s. 23

Operating Licences and Authorizations

Marginal note:Variation of licences, etc.

 The Board may vary the terms of any operating licence or authorization issued under section 5 of the Canada Oil and Gas Operations Act.

  • 1994, c. 10, s. 23

Chief Conservation Officer and Chief Safety Officer

Marginal note:Application to appeals

  •  (1) This section applies to appeals brought under section 21 or subsection 25(8) of the Canada Oil and Gas Operations Act by a person aggrieved by an order of the Chief Conservation Officer or by any action or measure taken or authorized or directed to be taken by that Officer, other than the referral of an order to the Board under subsection 58(5) of that Act.

  • Marginal note:Powers on appeal

    (2) After hearing an appeal to which this section applies, the Board may

    • (a) set aside, confirm or vary the order, action or measure that is the subject of the appeal;

    • (b) order any works to be undertaken that the Board considers necessary to prevent waste, the escape of oil or gas or any other contravention of the Canada Oil and Gas Operations Act or the regulations made under that Act; or

    • (c) make any other order that the Board considers appropriate.

  • 1994, c. 10, s. 23
  • 2015, c. 21, s. 9

Marginal note:Applications for show cause hearing relating to waste

  •  (1) This section applies to applications by the Chief Conservation Officer to the Board under section 22 of the Canada Oil and Gas Operations Act for a show cause hearing relating to waste, as defined in paragraph 18(2)(f) or (g) of that Act, in the recovery of oil or gas from a pool.

  • Marginal note:Order

    (2) On receiving an application, the Board shall make an order requiring the operators within the pool to show cause at a hearing, to be held on a day specified in the order, why the Board should not make a direction in respect of the waste.

  • Marginal note:Hearing

    (3) On the day specified in the order, the Board shall hold a hearing at which the Chief Conservation Officer, the operators and other interested persons shall be given an opportunity to be heard.

  • Marginal note:Direction

    (4) If, after the hearing, the Board is of the opinion that waste is occurring in the recovery of oil or gas from a pool, the Board may, by order,

    • (a) direct the introduction of a scheme for the collection, processing, disposition or reinjection of any gas produced from the pool; or

    • (b) direct repressurizing, recycling or pressure maintenance for the pool or any part of the pool and for or incidental to that purpose, direct the introduction or injection of gas, water or any other substance into the pool or any part of the pool.

  • Marginal note:Additional direction

    (5) In addition to making a direction under subsection (4), the Board may, by order, direct that the pool or any part of the pool specified in the order be shut in if the requirements of the order are not met or unless a scheme is approved by the Board and in operation by a date fixed in the order.

  • Marginal note:Continuation pending approval of scheme

    (6) Notwithstanding subsections (4) and (5), the Board may, by order, permit the continued operation of a pool or any part of a pool after the date fixed by a direction under this section if, in the opinion of the Board, a scheme or other action described in paragraph (4)(a) or (b) is in the course of preparation, but the continued operation is subject to any conditions imposed by the Board.

  • 1994, c. 10, s. 23

Marginal note:Application

  •  (1) This section applies to an order referred by the Chief Safety Officer or the Chief Conservation Officer to the Board under subsection 58(5) of the Canada Oil and Gas Operations Act.

  • Marginal note:Review and decision

    (2) The Board shall review the need for the order and may confirm it or set it aside.

  • Marginal note:Burden of proof

    (3) The burden of establishing that the order is not needed is on the person who requested that the order be referred to the Board.

  • 1994, c. 10, s. 23
  • 2015, c. 21, s. 11

Orders

Marginal note:Offence

  •  (1) Every person who fails to comply with an order of the Board under section 28.4 or 28.5 is guilty of an offence and is liable

    • (a) on summary conviction, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding one year or to both; or

    • (b) on conviction on indictment, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years or to both.

  • Marginal note:Applicable provisions

    (2) Sections 65 to 71 of the Canada Oil and Gas Operations Act apply, with such modifications as the circumstances require, in respect of an offence under subsection (1).

  • 1994, c. 10, s. 23

Marginal note:Orders not statutory instruments

 For greater certainty, an order of the Board made under this Part is not a statutory instrument as defined in the Statutory Instruments Act.

  • 1994, c. 10, s. 23

PART IIIConstruction, Operation and Abandonment of Pipelines

General

Marginal note:Companies only

  •  (1) No person, other than a company, shall construct or operate a pipeline.

  • Marginal note:Exception

    (2) Nothing in this section shall be construed to prohibit or prevent any person from operating or improving a pipeline constructed before October 1, 1953, but every such pipeline shall be operated in accordance with this Act.

  • Marginal note:Powers of liquidators, trustees, etc.

    (3) For the purposes of this Act,

    • (a) a liquidator, receiver or manager of the property of a company, appointed by a court of competent jurisdiction to carry on the business of the company,

    • (b) a trustee — or the holder of a power of attorney within the meaning of the Civil Code of Québec — for the holders of bonds, debentures, debenture stock or other evidence of indebtedness of the company, secured under a trust deed, an act constituting a hypothec or other instrument or act, on or against the property of the company, if the trustee or holder is authorized by the instrument or act to carry on the business of the company, and

    • (c) a person, other than a company,

      • (i) operating a pipeline constructed before October 1, 1953, or

      • (ii) constructing or operating a pipeline exempted from subsection (1) by an order of the Board made under subsection 58(1),

    is deemed to be a company.

  • Marginal note:Administrator in Province of Quebec

    (3.1) In the Province of Quebec the administrator of the property of the company appointed by a court of competent jurisdiction to carry on the business of the company is also deemed to be the company.

  • Marginal note:Successor or assign — abandoned pipeline

    (4) For the purposes of this Act, a successor or assign of a company is deemed to be a company for any matter relating to an abandoned pipeline.

  • R.S., 1985, c. N-7, s. 29
  • 2001, c. 4, s. 102
  • 2015, c. 21, s. 13
 
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