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National Energy Board Act (R.S.C., 1985, c. N-7)

Act current to 2020-12-28 and last amended on 2018-03-29. Previous Versions

Marginal note:Definitions

 In this Act,

abandoned pipeline

abandoned pipeline means a pipeline the operation of which has been abandoned with the leave of the Board as required by paragraph 74(1)(d) and that remains in place; (pipeline abandonné)

Aboriginal governing body

Aboriginal governing body means a council, government or other entity authorized to act on behalf of

  • (a) a band as defined in subsection 2(1) of the Indian Act, or

  • (b) a First Nation, an Aboriginal people or any Aboriginal organization that is a party to a land claims agreement or any other treaty, a self-government agreement or a settlement agreement; (corps dirigeant autochtone)

Arbitration Committee

Arbitration Committee means an Arbitration Committee appointed pursuant to section 91; (comité d’arbitrage)


Board means the National Energy Board established by section 3; (Office)


certificate means a certificate of public convenience and necessity issued under Part III or III.1 except that certificate means

  • (a) in Part III, a certificate issued in respect of a pipeline, and

  • (b) in Part III.1, a certificate issued in respect of an international or interprovincial power line; (certificat)


company includes

  • (a) a person having authority under a Special Act to construct or operate a pipeline, and

  • (b) a body corporate incorporated or continued under the Canada Business Corporations Act and not discontinued under that Act; (compagnie)

compensable damage

compensable damage means the costs, losses and damages for which the Tribunal may award compensation; (dommages indemnisables)


export means, with reference to

  • (a) electricity, to send from Canada by a line of wire or other conductor electricity produced in Canada,

  • (b) oil,

    • (i) to export within the meaning of any provision of the Energy Administration Act that defines export for the purposes of any charge imposed under that Act in relation to fuel for use by an aircraft or a vessel, or

    • (ii) to send or take by any means

      • (A) from Canada, or

      • (B) to a place outside Canada from any area of land not within a province that belongs to Her Majesty in right of Canada or in respect of which Her Majesty in right of Canada has the right to dispose of or exploit the natural resources and that is situated in submarine areas in the internal waters of Canada, the territorial sea of Canada or the continental shelf of Canada, or

  • (c) gas, to effect any one of the operations referred to in subparagraph (b)(ii); (exportation)


gas means

  • (a) any hydrocarbon or mixture of hydrocarbons that, at a temperature of 15°C and a pressure of 101.325 kPa, is in a gaseous state, or

  • (b) any substance designated as a gas product by regulations made under section 130; (gaz)

ground disturbance

ground disturbance does not include a ground disturbance caused by

  • (a) any activity that is specified in the orders or regulations made under subsection 112(5),

  • (b) cultivation to a depth of less than 45 cm below the surface of the ground, or

  • (c) any other activity to a depth of less than 30 cm and that does not result in a reduction of the earth cover over the pipeline to a depth that is less than the cover provided when the pipeline was constructed; (remuement du sol)


hydrocarbon does not include coal; (hydrocarbure)


import means, with reference to gas or oil, to bring into Canada through pipelines, by railway tank car, by tank truck or by tanker; (importation)

international power line

international power line means facilities constructed or operated for the purpose of transmitting electricity from or to a place in Canada to or from a place outside Canada; (ligne internationale de transport d’électricité ou ligne internationale)

interprovincial power line

interprovincial power line means facilities constructed or operated for the purpose of transmitting electricity from a place in a province to a place in Canada outside that province; (ligne interprovinciale de transport d’électricité ou ligne interprovinciale)


lands means lands the acquiring, taking or using of which is authorized by this Act or a Special Act, and includes real property and any interest or right in real property or land and, in the Province of Quebec, any immovable, any right in an immovable and the right of a lessee in respect of any immovable. Those interests and rights may be in, to, on, under, over or in respect of those lands; (terrains)


licence means a licence issued under Part VI or VII except that licence means

  • (a) in Division I of Part VI, a licence for the exportation or importation of oil or gas,

  • (b) in Division II of Part VI, a licence for the exportation of electricity, and

  • (c) in Part VII, a licence permitting the movement of designated oil or gas out of a designated province or area; (licence)


member means a member of the Board; (membre)


Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)

navigable water

navigable water has the same meaning as in section 2 of the Navigation Protection Act; (eaux navigables)


negotiator means a negotiator appointed pursuant to subsection 88(2); (négociateur)


oil means

  • (a) any hydrocarbon or mixture of hydrocarbons other than gas, or

  • (b) any substance designated as an oil product by regulations made under section 130; (pétrole)


penalty means an administrative monetary penalty imposed under this Act for a violation; (pénalité)


permit means a permit issued under section 41 or Part III.1 or VI; (permis)


pipeline means a line that is used or to be used for the transmission of oil, gas or any other commodity and that connects a province with any other province or provinces or extends beyond the limits of a province or the offshore area as defined in section 123, and includes all branches, extensions, tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, telegraph or radio and real and personal property, or immovable and movable, and works connected to them, but does not include a sewer or water pipeline that is used or proposed to be used solely for municipal purposes; (pipeline)


power[Repealed, 1990, c. 7, s. 1]

registrar of deeds

registrar of deeds includes the registrar of land titles or other officer with whom title to land is registered; (directeur de l’Enregistrement)


Secretary means the Secretary of the Board; (secrétaire)

Special Act

Special Act means

  • (a) an Act of Parliament that authorizes a person named in the Act to construct or operate a pipeline or that is enacted with special reference to a pipeline that a person is by such an Act authorized to construct or operate, and

  • (b) letters patent issued under section 5.1 or 5.4 of the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, except for the purpose of paragraph 115(b) of this Act; (loi spéciale)


toll includes any toll, rate, charge or allowance charged or made

  • (a) for the shipment, transportation, transmission, care, handling or delivery of hydrocarbons or of another commodity that is transmitted through a pipeline, or for storage or demurrage or the like,

  • (b) for the provision of a pipeline when the pipeline is available and ready to provide for the transmission of oil or gas, and

  • (c) in respect of the purchase and sale of gas that is the property of a company and that is transmitted by the company through its pipeline, excluding the cost to the company of the gas at the point where it enters the pipeline; (droit)


Tribunal means a pipeline claims tribunal established under subsection 48.18(1). (Tribunal)

  • R.S., 1985, c. N-7, s. 2
  • R.S., 1985, c. 28 (3rd Supp.), s. 299
  • 1990, c. 7, s. 1
  • 1994, c. 24, s. 34(F)
  • 1996, c. 10, s. 237, c. 31, s. 90
  • 2004, c. 25, s. 147
  • 2012, c. 19, s. 69, c. 31, s. 337
  • 2015, c. 21, s. 2
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