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Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)

Assented to 2012-06-29

PART 3RESPONSIBLE RESOURCE DEVELOPMENT

Division 2R.S., c. N-7National Energy Board Act

Transitional Provisions

Marginal note:Application before Board — section 58

105. Subsections 58(4) to (11) of the other Act, as enacted by section 84, apply in respect of each application for an order under section 58 of the other Act that was before the Board immediately before the commencement day and in respect of which no final decision had been made before that day, as though the application had been made on that day.

Marginal note:Application before Board — section 58.16

106. Subsections 58.16(4) to (13) of the other Act, as enacted by subsection 85(2), apply in respect of each application to which subsection 58.16(1) of the other Act applies that was before the Board immediately before the commencement day and in respect of which no final decision had been made before that day, as though the application had been made on that day.

Marginal note:Time limit

  • 107. (1) Within 14 days after the commencement day, in respect of each application to which any of sections 102, 103, 105 and 106 applies that the Chairperson considers to have been complete before that day, specify a time limit for the Board to comply with subsection 52(1), 58(4) or 58.16(4) of the other Act, as the case may be, as enacted, respectively, by sections 83 and 84 and subsection 85(2). The Board shall also make that time limit public.

  • Marginal note:Clarification

    (2) The time limit specified under subsection (1) may be longer than the 15-month period referred to in subsection 52(4), 58(5) or 58.16(4) of the other Act, as the case may be, as enacted, respectively, by sections 83 and 84 and subsection 85(2), if the Chairperson considers it appropriate in the circumstances, but it must be no longer than 15 months after the commencement day.

  • Marginal note:Chairperson’s powers

    (3) To ensure that a time limit specified under subsection (1) is met, the Chairperson may exercise any of the Chairperson’s powers under subsection 6(2.2) of the other Act, as enacted by subsection 71(2). For greater certainty, subsections 6(2.3) to (2.5) of the other Act, as enacted by that subsection 71(2), apply if any of those powers are exercised.

Marginal note:Chairman

108. The person who holds the office of Chairman of the Board immediately before the commencement day continues in office as the Chairperson of the Board until the earlier of the expiry of the person’s term as a member of the Board and the designation of another member of the Board as its Chairperson.

Marginal note:Vice-Chairman

109. The person who holds the office of Vice-Chairman of the Board immediately before the commencement day continues in office as the Vice-chairperson of the Board until the earlier of the expiry of the person’s term as a member of the Board and the designation of another member of the Board as its Vice-chairperson.

Related and Consequential Amendments

R.S., c. F-7; 2002, c. 8, s. 14Federal Courts Act

110. Subsection 28(1) of the Federal Courts Act is amended by adding the following after paragraph (f):

  • (g) the Governor in Council, when the Governor in Council makes an order under subsection 54(1) of the National Energy Board Act;

R.S., c. F-11Financial Administration Act

Marginal note:2006, c. 9, s. 270

111. Part III of Schedule VI to the English version of the Financial Administration Act in column II is amended by replacing the reference to “Chairman” opposite the reference to the “National Energy Board” in Column I with a reference to “Chairperson”.

R.S., c. N-26Northern Pipeline Act

112. Subsection 7(1) of the Northern Pipeline Act is replaced by the following:

Marginal note:Designated officer‘s powers

  • 7. (1) The designated officer may, in respect of the pipeline, exercise and perform any of the powers, duties and functions of the Board under the National Energy Board Act, except those under Part II, sections 47 to 54, 56 and 58, Part IV, section 74, and Parts VI, VIII and IX of that Act, that may be delegated to him or her by order of the Board.

113. Subsection 21(2) of the Act is replaced by the following:

  • Marginal note:Certificate considered to be issued by Board

    (2) A certificate of public convenience and necessity declared to be issued by subsection (1) is considered to be a certificate issued under section 52 of the National Energy Board Act on April 13, 1978.

1990, c. 7An Act to amend the National Energy Board Act and to repeal certain enactments in consequence thereof

114. Section 46 of the An Act to amend the National Energy Board Act and to repeal certain enactments in consequence thereof is repealed.

Coming into Force

Marginal note:Order in council

  • 115. (1) Sections 68 to 85, 89, 90, 92 to 97 and 99 to 114 come into force on a day to be fixed by order of the Governor in Council.

  • Marginal note:Order in council

    (2) Sections 86 to 88, 91 and 98 come into force on a day or days to be fixed by order of the Governor in Council.

Division 3R.S., c. O-7; 1992, c. 35, s. 2Canada Oil and Gas Operations Act

Amendments to the Act

116. Section 2 of the Canada Oil and Gas Operations Act is amended by adding the following in alphabetical order:

“navigable water”

« eaux navigables »

“navigable water” has the same meaning as in section 2 of the Navigable Waters Protection Act;

117. Section 2.1 of the Act is amended by adding the following after paragraph (b):

  • (b.1) the safety of navigation in navigable waters;

118. Section 4.1 of the Act is renumbered as subsection 4.1(1) and is amended by adding the following:

  • Marginal note:Navigable waters

    (2) The person to whom the power to issue an authorization under paragraph 5(1)(b) is delegated may exercise that power in relation to a section or part of a pipeline that passes in, on, over, under, through or across a navigable water only after having consulted the National Energy Board.

119. The Act is amended by adding the following after section 5.01:

Navigable Waters

Marginal note:Construction or operation

5.011 No person shall construct or operate a pipeline that passes in, on, over, under, through or across a navigable water unless an authorization to construct or operate, as the case may be, the pipeline has been issued under paragraph 5(1)(b).

Marginal note:Effects on navigation

5.012 In addition to any other factor that it considers appropriate, the National Energy Board shall take into account the effects that its decision might have on navigation, including safety of navigation, when deciding whether to issue an authorization under paragraph 5(1)(b) in respect of a pipeline that passes in, on, over, under, through or across a navigable water.

Marginal note:Pipeline not work

5.013 Despite the definition “work” in section 2 of the Navigable Waters Protection Act, a pipeline in respect of which an authorization has been or may be issued under paragraph 5(1)(b) is not a work to which that Act applies.

Marginal note:Regulations

  • 5.014 (1) The Governor in Council may, for purposes related to navigation, on the joint recommendation of the Minister of Indian Affairs and Northern Development and the Minister of Transport, make regulations respecting sections or parts of pipelines that pass in, on, over, under, through or across any navigable water in any area in respect of which the Minister of Indian Affairs and Northern Development has administrative responsibility for natural resources, including regulations respecting the design, construction, operation and abandonment of those pipelines and the issuance of authorizations under paragraph 5(1)(b) in respect of their construction or operation.

  • Marginal note:Regulations

    (2) The Governor in Council may, for purposes related to navigation, on the joint recommendation of the Minister of Natural Resources and the Minister of Transport, make regulations respecting sections or parts of pipelines that pass in, on, over, under, through or across any navigable waters in any area in respect of which the Minister of Natural Resources has administrative responsibility for natural resources, including regulations respecting the design, construction, operation and abandonment of those pipelines and the issuance of authorizations under paragraph 5(1)(b) in respect of their construction or operation.

Marginal note:Existing terms and conditions

5.015 Terms and conditions imposed at any time before the coming into force of this section in relation to an approval given under the Navigable Waters Protection Act in respect of a pipeline, in respect of which an authorization has been issued under paragraph 5(1)(b), apply as if they were requirements determined by the National Energy Board to be requirements to which the authorization is subject.

120. Subsection 5.4(1) of the English version of the Act is amended by replacing “Chairman of the National Energy Board” with “Chairperson of the National Energy Board”.

Coming into Force

Marginal note:Order in council

121. Sections 116 to 119 come into force on a day or days to be fixed by order of the Governor in Council.

Division 41997, c. 9Nuclear Safety and Control Act

Amendments to the Act

122. Section 2 of the Nuclear Safety and Control Act is amended by adding the following in alphabetical order:

“penalty”

« pénalité »

“penalty” means an administrative monetary penalty imposed under this Act for a violation.

123. Subsection 10(6) of the Act is replaced by the following:

  • Marginal note:Temporary members

    (6) Each temporary member holds office during good behaviour for a term not exceeding three years.

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