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)

Determination of Detailed Route and Approval (continued)

Marginal note:Costs of making representations

 The Board may fix such amount as it deems reasonable in respect of the actual costs reasonably incurred by any person who made representations to the Board at a public hearing under subsection 35(3) and the amount so fixed shall be payable forthwith to that person by the company whose pipeline route is affected by the public hearing.

  • 1980-81-82-83, c. 80, s. 2

Marginal note:Effect of approval

 The Board shall not, by the issue of a certificate or by approving a plan, profile and book of reference, be deemed to have relieved the company from otherwise complying with this Act.

  • R.S., c. N-6, s. 30

Errors

Marginal note:Application for correction of errors

  •  (1) Where any omission, misstatement or error is made in a registered plan, profile or book of reference, the company shall apply to the Board for a permit to correct the omission, misstatement or error.

  • Marginal note:How corrected

    (2) The Board may in its discretion issue a permit setting out the nature of the omission, misstatement or error referred to in subsection (1) and the correction allowed.

  • Marginal note:Registration

    (3) On the deposit of copies of the permit issued under subsection (2), certified as such by the Secretary, in the offices of the registrars of deeds of the districts or counties in which the lands affected are situated, the plan, profile or book of reference shall be taken to be corrected in accordance therewith, and the company may, thereupon, subject to this Act, construct its pipeline in accordance with the correction.

  • R.S., 1985, c. N-7, s. 41
  • 1990, c. 7, s. 16

Marginal note:Error as to names

 A pipeline may be made, carried or placed across, on or under the lands of a person on the located line, although, through error or any other cause, the name of that person has not been entered in the book of reference, or although some other person is erroneously mentioned as the owner or holder of an interest or right in the lands.

  • R.S., 1985, c. N-7, s. 42
  • 2004, c. 25, s. 149

Duties of Registrars of Deeds

Marginal note:Registration of plans, etc.

  •  (1) Every registrar of deeds shall receive and preserve in his office all plans, profiles, books of reference, certified copies thereof and other documents, required by this Act to be deposited with the registrar, and shall endorse thereon the day, hour and minute when they were so deposited.

  • Marginal note:Copies

    (2) Any person may inspect the plans, profiles, books of reference, copies and documents deposited under subsection (1) and may make extracts therefrom and copies thereof as occasion requires.

  • Marginal note:Certified copies

    (3) A registrar of deeds shall, at the request of any person, certify copies of any plan, profile, book of reference, certified copy thereof or other document deposited in the registrar’s office under this Act, or of such portions thereof as may be required, on being paid therefor at the rate of twenty cents for each hundred words copied, and such additional sum for any copy of plan or profile furnished by the registrar as is reasonable and customary in like cases, together with one dollar for each certification given by the registrar.

  • Marginal note:Certification of registrar

    (4) The certification of the registrar of deeds shall set out that the plan, profile or document referred to in subsection (3), a copy of which, or any portion of which, is certified by the registrar, is deposited in the registrar’s office, and shall state the time when it was deposited, that the registrar has carefully compared the copy certified with the document on file and that it is a true copy of the original.

  • Marginal note:Evidence

    (5) A certified copy referred to in subsection (4) is evidence of the original deposited and is evidence that the original was deposited at the time stated and certified, and that it was signed, certified, attested or otherwise executed by the persons by whom and in the manner in which the original purports to be signed, certified, attested or executed, as shown or appearing by the certified copy, and, in the case of a plan, that the plan is prepared according to a scale and in a manner and form sanctioned by the Board.

  • R.S., c. N-6, s. 34

Further Plans

Marginal note:Further plans

 In addition to the plans, profiles and books of reference elsewhere provided for in this Act, a company shall, with all reasonable expedition, prepare and deposit with the Board such further or other material, including plans, specifications and drawings with respect to any portion of its pipeline or works, as the Board may from time to time order or require.

  • R.S., c. N-6, s. 35

Deviations

Marginal note:Approval of deviations

  •  (1) When a deviation, change or alteration is required by a company to be made in its pipeline, or any portion of that pipeline, as already constructed or as merely located and approved, a plan, profile and book of reference of the portion of the pipeline proposed to be changed, showing the deviation, change or alteration proposed to be made, shall be submitted for the approval of the Board.

  • Marginal note:Construction of works after approval

    (2) When the plan, profile and book of reference, submitted pursuant to subsection (1), of the portion of the pipeline proposed to be changed have been approved by the Board, and copies thereof have been deposited as provided in this Act with respect to the original plan, profile and book of reference, the company may make the deviation, change or alteration, and all the provisions of this Act are applicable to the portion of the pipeline, at any time so changed or proposed to be changed, in the same manner as they are applicable to the original pipeline.

  • Marginal note:Exemptions

    (3) The Board may exempt a company from all or any of the provisions of this section where the deviation, change or alteration was made or is to be made for the purpose of benefiting a pipeline, or for any other purpose of public advantage, as may seem to the Board expedient, but the deviation, change or alteration shall not exceed such distance as the Board requires from the centre line of the pipeline, located or constructed in accordance with the plans, profiles and books of reference approved by the Board under this Act.

  • R.S., c. N-6, s. 36

Diversion or Relocation

Marginal note:Diversions and relocation

  •  (1) The Board may, on such terms and conditions as it considers proper, direct a company to divert or relocate its pipeline if the Board is of the opinion that the diversion or relocation is necessary

    • (a) to facilitate the construction, reconstruction or relocation of a highway or a railway or any other work affecting a public interest; or

    • (b) to prevent or remove an interference with a drainage system.

  • Marginal note:Costs of diversion or relocation

    (2) The Board may direct by whom and to whom the costs of the diversion or relocation referred to in subsection (1) shall be paid.

  • Marginal note:Procedures

    (3) The Board shall not direct a company to divert or relocate any section or part of its pipeline unless the procedures set out in sections 34 to 38 have been complied with in respect of the section or part to be diverted or relocated.

  • Marginal note:Idem

    (4) For the purposes of ensuring that the procedures set out in sections 34 to 38 are complied with, the Board may order the company to carry out such of those procedures as the company would be required to carry out if the company had prepared and submitted to the Board a plan, profile and book of reference pursuant to subsection 33(1) and those sections shall apply, with such modifications as the circumstances require, in respect of any matter related to the carrying out of those procedures.

  • Marginal note:Costs of representations to Board

    (5) The Board may fix such amount as it deems reasonable in respect of the actual costs reasonably incurred by any person who made representations to the Board under this section and may direct by whom and to whom the amount so fixed shall be paid.

  • R.S., c. N-6, s. 37
  • R.S., c. 27(1st Supp.), s. 10
  • 1980-81-82-83, c. 80, s. 4

Leave to Open Pipelines

Marginal note:Leave to open line

  •  (1) No pipeline and no section of a pipeline shall be opened for the transmission of hydrocarbons or any other commodity by a company until leave to do so has been obtained from the Board.

  • Marginal note:Grant of leave

    (2) Leave may be granted by the Board under this section if the Board is satisfied that the pipeline may safely be opened for transmission.

  • R.S., 1985, c. N-7, s. 47
  • 1996, c. 10, s. 237.1

Regulation of Construction, Operation and Abandonment

Marginal note:Safety and security

  •  (1) To promote the safety and security of operation of a pipeline, the Board may order a company to repair, reconstruct or alter part of the pipeline, and may direct that, until the work is done, that part of the pipeline not be used or be used in accordance with such terms and conditions as the Board may specify.

  • Marginal note:Other measures

    (1.1) The Board may order a company to take measures in respect of a pipeline or an abandoned pipeline that the Board considers necessary for

    • (a) the safety and security of the public, of the company’s employees or of the pipeline or the abandoned pipeline; or

    • (b) the protection of property or the environment.

  • Marginal note:Measures to be taken

    (1.2) If a company does not comply with an order of the Board referred to in subsection (1.1) or an order of an inspection officer made under subsection 51.1(1), the Board or any of its officers or employees — or class of officers and employees — that the Board authorizes may take any action or measure that they consider necessary in relation to the abandonment of a pipeline by the company or in relation to the company’s abandoned pipeline, or they may authorize a third party to take any such action or measure.

  • Marginal note:No liability

    (1.3) No action lies against the Board or an officer or employee of the Board or against Her Majesty in right of Canada or an employee of Her Majesty for anything done or omitted to be done in taking any action or measure referred to in subsection (1.2).

  • Marginal note:Third party liability

    (1.4) A third party that is authorized under subsection (1.2) to take any action or measure referred to in that subsection is not liable in respect of any act or omission committed in taking those actions or measures unless it is shown that the third party did not act reasonably in the circumstances.

  • Marginal note:Regulations as to safety and security

    (2) The Board may, with the Governor in Council’s approval, make regulations

    • (a) governing the design, construction, operation and abandonment of a pipeline;

    • (b) providing for the protection of property and the environment and the safety and security of the public and of the company’s employees in the design, construction, operation and abandonment of a pipeline; and

    • (c) governing abandoned pipelines.

  • Marginal note:Exempting orders respecting companies

    (2.1) The Board may make orders exempting companies from any or all of the provisions of the regulations made under subsection (2).

  • Marginal note:Terms and conditions

    (2.2) In any order made under subsection (2.1), the Board may impose such terms and conditions as it considers proper.

  • Marginal note:Regulations — Governor in Council

    (2.3) Without limiting the scope of the regulations that the Board may make under subsection (2), the Governor in Council may, on the Minister’s recommendation, make regulations

    • (a) specifying requirements with respect to monitoring pipelines; and

    • (b) respecting the actions or measures to be taken in preparation for or in the case of an unintended or uncontrolled release of oil, gas or any other commodity from a pipeline.

  • Marginal note:Offence

    (3) Every person who contravenes an order made under subsection (1) or (1.1) or a regulation made under subsection (2) is guilty of an offence and 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:Application of subsections 121(2) to (5)

    (4) Subsections 121(2) to (5) apply, with any modifications that the circumstances require, to an offence referred to in subsection (3).

  • R.S., 1985, c. N-7, s. 48
  • 1990, c. 7, s. 17
  • 1994, c. 10, s. 24
  • 2004, c. 15, s. 84
  • 2012, c. 19, s. 82
  • 2015, c. 21, s. 15
 
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