National Energy Board
Marginal note:Directions to the Board
20. (1) The Governor in Council may, by order, in respect of the pipeline, give directions to the Board respecting the exercise of the powers of the Board under, or the performance of the duties and functions imposed on the Board by, the National Energy Board Act and this Act and the Board shall comply with those directions.
Marginal note:Directions to designated officer
(2) The Governor in Council may, by order, in respect of the pipeline, give directions to the designated officer respecting the exercise of the powers and the performance of the duties and functions of the Board delegated to him by the Board under section 7 or imposed on him by this Act and the designated officer shall comply with those directions.
- 1977-78, c. 20, s. 19.
Marginal note:Certificate issued
21. (1) A certificate of public convenience and necessity in respect of the pipeline is hereby declared to be issued to each company listed in Schedule II for that portion of the route indicated in the Agreement in respect of that company.
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.
Marginal note:Terms and conditions
(3) Every certificate declared to be issued by subsection (1) is subject to the terms and conditions set out in Schedule III.
Marginal note:Amendments of terms and conditions
(4) The Board or the designated officer may rescind, amend or add to the terms and conditions set out in Schedule III or deemed to be set out therein but no rescission of or amendment to such a term or condition or addition of a term or condition is effective without the approval of the Governor in Council.
Marginal note:Application of Foreign Investment Review Act
(5) Where any question arises under Schedule III whether a person is or is not a non-eligible person within the meaning of the Foreign Investment Review Act, chapter 46 of the Statutes of Canada, 1973-74, that person shall apply under subsection 4(1) of that Act for a statement in writing from the Minister referred to in that subsection to the effect that the person is not a non-eligible person within the meaning of that Act and that Minister shall deal with the application in the same manner as if it were an application for an opinion pursuant to a question arising under that Act, and any statement in writing furnished by that Minister is binding in accordance with that subsection but only for the purposes of this Act.
Marginal note:Shareholder agreement not to be amended
(6) Every certificate of public convenience and necessity declared to be issued by this Act is subject to the condition that Westcoast Transmission Company Limited, Alberta Gas Trunk Line Company Limited and Foothills Pipe Lines (Yukon) Ltd. shall not, without the prior approval of the Governor in Council and the Board, terminate, alter or amend the shareholders agreement entered into by those companies dated August 4, 1977 as amended prior to February 3, 1978.
- R.S., 1985, c. N-26, s. 21;
- 2012, c. 19, s. 113.
- Date modified: