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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

Amendments to the Act

70. Subsection 4(2) of the Act is repealed.

Marginal note:1990, c. 7, s. 4(1)

  • 71. (1) Subsection 6(1) of the English version of the Act is replaced by the following:

    Marginal note:Chairperson and Vice-chairperson

    • 6. (1) The Governor in Council shall designate one of the members to be Chairperson of the Board and another of the members to be Vice-chairperson of the Board.

  • (2) Subsection 6(2) of the Act is replaced by the following:

    • Marginal note:Chairperson’s duties

      (2) The Chairperson is the chief executive officer of the Board. The Chairperson apportions work among the members and, if the Board sits in a panel, assigns members to the panel and a member to preside over it. The Chairperson also has supervision over and direction of the work of the Board’s staff.

    • Marginal note:Directives regarding timeliness

      (2.1) To ensure that an application before the Board is dealt with in a timely manner, the Chairperson may issue directives to the members authorized to deal with the application regarding the manner in which they are to do so.

    • Marginal note:Measures to meet time limit

      (2.2) If the Chairperson is of the opinion that a time limit imposed under any of sections 52, 58 and 58.16 is not likely to be met in respect of an application, the Chairperson may take any measure that the Chairperson considers appropriate to ensure that the time limit is met, including

      • (a) removing any or all members of the panel authorized to deal with the application;

      • (b) authorizing one or more members to deal with the application;

      • (c) increasing or decreasing the number of members dealing with the application; and

      • (d) specifying the manner in which section 55.2 is to be applied in respect of the application.

    • Marginal note:Clarification

      (2.3) For greater certainty, the power referred to in subsection (2.2) includes the power to designate a single member, including the Chairperson, as the sole member who is authorized to deal with the application.

    • Marginal note:Effects of measure

      (2.4) If the composition of the panel dealing with an application is changed as a result of any measure taken under subsection (2.2),

      • (a) evidence and representations received by the Board in relation to the application before the taking of the measure are considered to have been received after the taking of the measure; and

      • (b) the Board is bound by every decision made by the Board in relation to the application before the taking of the measure unless the Board elects to review, vary or rescind it.

    • Marginal note:Inconsistencies

      (2.5) In the event of any inconsistency between any directive issued under subsection (2.1) or measure taken under subsection (2.2) and any rule made under section 8, the directive or measure prevails to the extent of the inconsistency.

  • Marginal note:1990, c. 7, s. 4(2)

    (3) Subsections 6(3) and (4) of the English version of the Act are replaced by the following:

    • Marginal note:Vice-chairperson’s duties

      (3) If the Chairperson is absent or unable to act or if the office is vacant, the Vice-chairperson has all the Chairperson’s powers and functions.

    • Marginal note:Acting Chairperson

      (4) The Board may authorize one or more of its members to act as Chairperson for the time being in the event that the Chairperson and Vice-chairperson are absent or unable to act or if the offices are vacant.

72. Section 7 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Exception

    (2.1) Despite subsection (2), if the number of members authorized to deal with an application as a result of any measure taken by the Chairperson under subsection 6(2.2) is less than three, the number of members authorized by the Chairperson to deal with the application constitutes a quorum of the Board.

73. Section 8 of the Act is amended by adding “and” at the end of paragraph (b) and by repealing paragraph (c).

74. Section 11 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Expeditious proceedings

    (4) Subject to subsections 6(2.1) and (2.2), all applications and proceedings before the Board are to be dealt with as expeditiously as the circumstances and considerations of fairness permit, but, in any case, within the time limit provided for under this Act, if there is one.

Marginal note:1990, c. 7, s. 6

75. Section 14 of the Act is replaced by the following:

Marginal note:Authorization regarding Board’s powers, duties and functions

  • 14. (1) The Chairperson may authorize one or more members, either jointly or severally, to exercise any of the Board’s powers or to perform any of the Board’s duties and functions under this Act, except those under subsection 45(3), sections 46, 47, 48, 52 to 54, 56, 58, 58.11, 58.14, 58.16, 58.32, 58.35, 58.37 and 129 and under Parts IV, VI, VII and IX.

  • Marginal note:Presumption

    (2) Any power exercised or any duty or function performed by a member or members under the authorization is considered to have been exercised or performed by the Board.

Marginal note:1990, c. 7, s. 7

76. Subsection 15(1) of the Act is replaced by the following:

Marginal note:Powers of members authorized to report

  • 15. (1) The Chairperson may authorize one or more of the members to report to the Board on any question or matter arising in connection with the business of or any application or proceeding before the Board, and the member or members so authorized have all the powers of the Board for the purpose of taking evidence or acquiring the necessary information for the purpose of making the report and the recommendations contained in it as to the decision or order of the Board to be made on the question or matter.

Marginal note:1990, c. 7, s. 8

77. Section 16 of the Act is replaced by the following:

Marginal note:Incapacity of single member

  • 16. (1) If a member who is conducting a hearing under an authorization under section 14 or 15 becomes incapacitated, resigns or dies during the hearing or after the conclusion of the hearing but before making a decision or report, the Chairperson may authorize another member

    • (a) to continue the hearing and to make a decision or report to the Board, if the incapacity, resignation or death occurs during the hearing; or

    • (b) to examine all the evidence presented at the hearing and to make a decision, or report to the Board, based on the evidence, if the incapacity, resignation or death occurs after the conclusion of the hearing but before a decision is given or a report to the Board is made.

  • Marginal note:Incapacity of member of quorum

    (2) If a hearing is being conducted by three members and one member becomes incapacitated, resigns or dies during the hearing or after the conclusion of it but before a decision is given,

    • (a) the Chairperson may authorize another member to replace the incapacitated or deceased member, or the member who resigned, for the rest of the hearing and to participate in the decision, if the incapacity, resignation or death occurs during the hearing; or

    • (b) if the incapacity, resignation or death occurs after the conclusion of the hearing but before a decision is given, the remaining members may, if unanimous, give a decision as if the incapacitated or deceased member, or the member who resigned, were present and participating in the decision.

  • Marginal note:Incapacity of member — Part III certificate

    (3) If a hearing in relation to an application for a certificate under Part III is being conducted by three members and one member becomes incapacitated, resigns or dies during the hearing or after its conclusion but before the report that is required to be prepared under subsection 52(1) is finalized,

    • (a) the Chairperson may authorize another member to replace the incapacitated or deceased member, or the member who resigned, for the rest of the hearing and to participate in the finalizing of the report, if the incapacity, resignation or death occurs during the hearing; or

    • (b) if the incapacity, resignation or death occurs after the conclusion of the hearing but before the report is finalized, the remaining members may, if unanimous, finalize the report as if the incapacitated or deceased member, or the member who resigned, were present and participating in its finalization.

  • Marginal note:Effects of authorization

    (4) If a member is authorized under paragraph (2)(a) or (3)(a) to replace a member,

    • (a) evidence and representations received by the Board in the course of the hearing before the replacement are considered to have been received after the replacement; and

    • (b) the Board is bound by every decision made by the Board in the course of the hearing before the replacement unless the Board elects to review, vary or rescind a decision.

  • Marginal note:Chairperson’s powers

    (5) Nothing in subsections (1) to (3) precludes the Chairperson from taking a measure under subsection 6(2.2).

  • Marginal note:Member ceasing to hold office

    (6) A person who resigns or otherwise ceases to hold office as a member may, if authorized to do so by the Chairperson and on any terms and conditions that the Chairperson prescribes, continue to inquire into, hear and conclude any proceeding to which that person was assigned while that person was a member and the person shall for that purpose be considered to continue to be a member.

78. Section 19 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Non-application

    (1.1) Subsection (1) does not apply in respect of an application for a certificate under Part III.

79. Section 20 of the Act is renumbered as subsection 20(1) and is amended by adding the following:

  • Marginal note:Non-application

    (2) Subsection (1) does not apply in respect of an application for a certificate under Part III.

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