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 IIIConstruction, Operation and Abandonment of Pipelines (continued)

General (continued)

Marginal note:Operation of pipeline

  •  (1) No company shall operate a pipeline unless

    • (a) there is a certificate in force with respect to that pipeline; and

    • (b) leave has been given under this Part to the company to open the pipeline.

  • Marginal note:Compliance with conditions

    (2) No company shall operate a pipeline otherwise than in accordance with the terms and conditions of the certificate issued with respect thereto.

  • R.S., c. N-6, s. 26

Location of Pipelines

Marginal note:Approval of Board

 Except as otherwise provided in this Act, no company shall begin the construction of a section or part of a pipeline unless

  • (a) the Board has by the issue of a certificate granted the company leave to construct the line;

  • (b) the company has complied with all applicable terms and conditions to which the certificate is subject;

  • (c) the plan, profile and book of reference of the section or part of the proposed line have been approved by the Board; and

  • (d) copies of the plan, profile and book of reference so approved, duly certified as such by the Secretary, have been deposited in the offices of the registrars of deeds for the districts or counties through which the section or part of the pipeline is to pass.

  • R.S., c. N-6, s. 27
  • 1980-81-82-83, c. 116, s. 9

Marginal note:Application for certificate

  •  (1) On an application for a certificate, the company shall file with the Board a map in such detail as the Board may require showing the general location of the proposed line and such plans, specifications and information as the Board may require.

  • Marginal note:Notice to provincial attorney general

    (2) The company shall file a copy of the application and of the map referred to in subsection (1) with the attorney general of each province to which the application relates in whole or in part, and the Board shall require notice of the application to be given by publication in newspapers or otherwise.

  • R.S., 1985, c. N-7, s. 32
  • 1990, c. 7, s. 15

Plan, Profile and Book of Reference

Marginal note:Plan, etc., of pipeline

  •  (1) When the Board has issued a certificate, the company shall prepare and submit to the Board a plan, profile and book of reference of the pipeline.

  • Marginal note:Details

    (2) The plan and profile shall be drawn with such detail as the Board may require.

  • Marginal note:Description of lands

    (3) The book of reference shall describe the portion of land proposed to be taken in each parcel of land to be traversed, giving the numbers of the parcels, and the area, length and width of the portion of each parcel to be taken, and the names of the owners and occupiers in so far as they can be ascertained.

  • Marginal note:Further information

    (4) The plan, profile and book of reference shall be prepared to the satisfaction of the Board, and the Board may require the company to furnish any further or other information that the Board considers necessary.

  • R.S., c. N-6, s. 29
  • R.S., c. 27(1st Supp.), s. 9

Determination of Detailed Route and Approval

Marginal note:Notice to owners

  •  (1) Where a company has prepared and submitted to the Board a plan, profile and book of reference pursuant to subsection 33(1), the company shall, in a manner and in a form to be determined by the Board,

    • (a) serve a notice on all owners of lands proposed to be acquired, in so far as they can be ascertained; and

    • (b) publish a notice in at least one issue of a publication, if any, in general circulation within the area in which the lands are situated.

  • Marginal note:Contents of notices

    (2) The notices mentioned in subsection (1) shall describe the proposed detailed route of the pipeline, the location of the offices of the Board and the right of the owner and of persons referred to in subsection (4) to make, within the time referred to in subsection (3) or (4), as the case may be, representations to the Board respecting the detailed route of the pipeline.

  • Marginal note:Written statement of interest and grounds for opposition

    (3) Where an owner of lands who has been served with a notice pursuant to subsection (1) wishes to oppose the proposed detailed route of a pipeline, the owner may, within thirty days of being served, file with the Board a written statement setting out the nature of the owner’s interest in the proposed detailed route and the grounds for his opposition to that route.

  • Marginal note:Opposition by persons adversely affected

    (4) A person who anticipates that their lands may be adversely affected by the proposed detailed route of a pipeline, other than an owner of lands referred to in subsection (3), may oppose the proposed detailed route by filing with the Board within thirty days following the last publication of the notice referred to in subsection (1) a written statement setting out the nature of that person’s interest and the grounds for the opposition to the proposed detailed route of the pipeline.

  • R.S., 1985, c. N-7, s. 34
  • 2004, c. 25, s. 148(E)

Marginal note:Public hearing

  •  (1) Where a written statement is filed with the Board pursuant to subsection 34(3) or (4) within the time limited for doing so under that subsection, the Board shall forthwith order that a public hearing be conducted within the area in which the lands to which the statement relates are situated with respect to any grounds of opposition set out in any such statement.

  • Marginal note:Notice of public hearing

    (2) The Board shall fix a suitable time and place for the public hearing referred to in subsection (1) and cause notice of the time and place so fixed to be given by publishing it in at least one issue of a publication, if any, in general circulation within the area in which the lands proposed to be acquired are situated and by sending it to each person who filed a written statement with the Board pursuant to subsection 34(3) or (4).

  • Marginal note:Opportunity to be heard

    (3) At the time and place fixed for the public hearing pursuant to subsection (2), the Board shall hold a public hearing and shall permit each person who filed a written statement with the Board pursuant to subsection 34(3) or (4) to make representations and may allow any other interested person to make such representations before it as the Board deems proper.

  • Marginal note:Inspection of lands

    (4) The Board or a person authorized by the Board may make such inspection of lands proposed to be acquired for or affected by the pipeline construction as the Board deems necessary.

  • Marginal note:Where written statements disregarded

    (5) The Board is not required to give any notice, hold any hearing or take any other action pursuant to this section with respect to any written statement filed with the Board pursuant to subsection 34(3) or (4) and may at any time disregard any such written statement, if

    • (a) the person who filed the statement files a notice of withdrawal thereof with the Board; or

    • (b) it appears to the Board that the statement is frivolous or vexatious or is not made in good faith.

  • 1980-81-82-83, c. 80, s. 2

Marginal note:Matters to be taken into account

  •  (1) Subject to subsections (2) and 35(5), the Board shall not give approval to a plan, profile and book of reference unless the Board has taken into account all written statements filed with it pursuant to subsection 34(3) or (4) and all representations made to it at a public hearing in order to determine the best possible detailed route of the pipeline and the most appropriate methods and timing of constructing the pipeline.

  • Marginal note:Exception

    (2) The Board may approve a plan, profile and book of reference in respect of any section or part of a pipeline where no written statement under subsection 34(3) or (4) has been filed with the Board in respect of that section or part.

  • 1980-81-82-83, c. 80, s. 2

Marginal note:Terms and conditions

 In any approval referred to in section 36, the Board may impose such terms and conditions as it considers proper.

  • 1980-81-82-83, c. 80, s. 2

Marginal note:Notice of decision

 Where the Board has held a public hearing under subsection 35(3) in respect of any section or part of a pipeline and approved or refused to approve a plan, profile and book of reference respecting that section or part, it shall forthwith forward a copy of its decision and the reasons therefor to the Minister and to each person who made representations to the Board at the public hearing.

  • 1980-81-82-83, c. 80, s. 2
 
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