Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

National Energy Board Act

Version of section 86 from 2002-12-31 to 2016-06-18:


Marginal note:Methods of acquisition

  •  (1) Subject to subsection (2), a company may acquire lands for a pipeline under a land acquisition agreement entered into between the company and the owner of the lands or, in the absence of such an agreement, in accordance with this Part.

  • Marginal note:Form of agreement

    (2) A company may not acquire lands for a pipeline under a land acquisition agreement unless the agreement includes provision for

    • (a) compensation for the acquisition of lands to be made, at the option of the owner of the lands, by one lump sum payment or by annual or periodic payments of equal or different amounts over a period of time;

    • (b) review every five years of the amount of any compensation payable in respect of which annual or other periodic payments have been selected;

    • (c) compensation for all damages suffered as a result of the operations of the company;

    • (d) indemnification from all liabilities, damages, claims, suits and actions arising out of the operations of the company other than liabilities, damages, claims, suits and actions resulting from

      • (i) in the Province of Quebec, the gross or intentional fault of the owner of the lands, and

      • (ii) in any other province, the gross negligence or wilful misconduct of the owner of the lands;

    • (e) restricting the use of the lands to the line of pipe or other facility for which the lands are, by the agreement, specified to be required unless the owner of the lands consents to any proposed additional use at the time of the proposed additional use; and

    • (f) such additional matters as are, at the time the agreement is entered into, required to be included in a land acquisition agreement by any regulations made under paragraph 107(a).

  • R.S., 1985, c. N-7, s. 86
  • 2001, c. 4, s. 104
Date modified: