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National Energy Board Act

Version of section 77 from 2012-07-06 to 2019-08-27:


Marginal note:Crown lands

  •  (1) No company shall take possession of, use or occupy lands vested in Her Majesty without the consent of the Governor in Council.

  • Marginal note:Consent

    (2) A company may, with the consent of the Governor in Council and on such terms as the Governor in Council may prescribe, take and appropriate, for the use of its pipeline and works, so much of the lands of Her Majesty lying on the route of the line that have not been granted, conceded or sold, as is necessary for the pipeline, and also so much of the public beach, or bed of a lake, river or stream, or of the lands so vested covered with the waters of a lake, river or stream as is necessary for making, completing and using its pipeline and works.

  • Marginal note:Compensation where lands held in trust

    (3) Where lands are vested in Her Majesty for a special purpose, or subject to a trust, the compensation money that a company pays therefor shall be held and applied by the Governor in Council for the like purpose or trust.

  • Marginal note:Exceptions

    (4) Subsections (1) to (3) do not apply to any of the following:

    • (a) in the case of a pipeline:

      • (i) anything done under leave obtained under subsection 108(2) or (5) in respect of the pipeline,

      • (ii) any section or part of the pipeline that passes on, over, along or under a utility, as defined in subsection 108(6), if a certificate has been issued, or an order has been made under section 58, in respect of the pipeline and the certificate or order contains a term or condition relating to that utility,

      • (iii) any section or part of the pipeline that passes in, on, over, under, through or across a navigable water if a certificate has been issued, or an order has been made under section 58, in respect of the pipeline, and

      • (iv) anything done under any leave obtained under section 108 at any time before the coming into force of this subsection, as that section read from time to time before the coming into force of this subsection; and

    • (b) in the case of a power line to which this section applies by reason of section 58.38:

      • (i) anything done under leave obtained under subsection 58.28(2) or (5) in respect of the power line,

      • (ii) in the case of a power line that is an interprovincial power line in respect of which an order made under section 58.4 is in force,

        • (A) any section or part of the power line that passes on, over, along or under a facility if a certificate has been issued in respect of the power line and the certificate contains a term or condition relating to that facility, or

        • (B) any section or part of the power line that passes in, on, over, under, through or across a navigable water if a certificate has been issued in respect of the power line,

      • (iii) in the case of a power line that is an international power line,

        • (A) any section or part of the power line that passes on, over, along or under a facility if a permit referred to in section 58.11, or a certificate, has been issued in respect of the power line and the permit or certificate contains a term or condition relating to that facility, or

        • (B) any section or part of the power line that passes in, on, over, under, through or across a navigable water if a permit referred to in section 58.11, or a certificate, has been issued in respect of the power line, and

      • (iv) anything done under any leave obtained under section 108 at any time before the coming into force of this subsection, as that section read from time to time before the coming into force of this subsection.

  • R.S., 1985, c. N-7, s. 77
  • 2004, c. 25, s. 156(E)
  • 2012, c. 19, s. 90
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