Northern Pipeline Act (R.S.C., 1985, c. N-26)

Act current to 2013-05-20 and last amended on 2012-07-06. Previous Versions

Marginal note:Debt due Her Majesty

28. A penalty payable under this Act is a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction.

  • 1977-78, c. 20, s. 28.

Cost Recovery

Marginal note:Costs of Agency to be recovered

  • 29. (1) Every certificate of public convenience and necessity declared to be issued by this Act to a company is subject to the condition that the company shall pay to the Receiver General an amount, determined in accordance with any regulations made under section 24.1 of the National Energy Board Act in respect of the costs incurred by the Agency and the Board

    • (a) during the period commencing on April 13, 1978 and ending one year after the day on which leave to open the last section or part of the pipeline is given by the Board; and

    • (b) in overseeing and surveying the planning and construction of, and procurement for, the pipeline and in ensuring compliance with the terms and other conditions to which the certificate is subject.

  • Marginal note:Modifications of cost recovery regulations under National Energy Board Act

    (2) For the purposes of subsection (1), in applying any regulations made under section 24.1 of the National Energy Board Act, the term “Agency” or “Agency and the Board” or “Agency or the Board” shall be substituted for the term “Board” as the circumstances require and a reference to a certificate issued under the National Energy Board Act shall be read as a reference to a certificate of public convenience and necessity declared to be issued by this Act.

  • R.S., 1985, c. N-26, s. 29;
  • 1993, c. 34, s. 98.
Marginal note:Where Minister may perform terms and conditions

  • 30. (1) Where a company fails or refuses to comply with a term or condition to which the certificate of public convenience and necessity declared to be issued to it is subject or with an order or direction issued to it pursuant to subsection 22(1), the Minister may, after thirty days notice of his intention to do so, take all reasonable measures, or direct any person he considers qualified to do so to take such measures, as are required to perform the term or condition or carry out the order or direction, unless within the thirty days the company has complied with the term or condition or order or direction, as the case may be, or has made arrangements that are satisfactory to the Minister to comply with the term or condition or order or direction.

  • Marginal note:Access to property

    (2) Where, pursuant to subsection (1), the Minister or another person undertakes the performance of a term or condition or the carrying out of an order or direction, the Minister or that other person may enter and have access through any place or property and may do all reasonable things in order to perform the term or condition or carry out the order or direction.

  • Marginal note:Personal liability

    (3) The Minister or any person he directs, pursuant to subsection (1), to perform a term or condition or carry out an order or direction is not personally liable civilly or criminally in respect of any act or omission in the course of performing the relevant term or condition or carrying out the order or direction under that subsection unless it is shown that he did not act reasonably.

  • Marginal note:Liability to Her Majesty

    (4) Where, pursuant to subsection (1), the Minister or any person he directs to perform a term or condition or carry out an order or direction takes such reasonable measures as are required to perform the term or condition or carry out the order or direction that a company has failed or refused to comply with, the company is liable for all costs and expenses connected therewith incurred by Her Majesty in right of Canada to the extent that those costs and expenses can be established to have been reasonably incurred in the circumstances.

  • Marginal note:Procedure

    (5) A claim under this section against a company may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken therefor in the name of Her Majesty in that right in any court of competent jurisdiction.

  • Marginal note:Limitation

    (6) No proceedings in respect of a claim under this section may be commenced after two years from the time the Minister or any person he directed, pursuant to subsection (1), to perform a term or condition or carry out an order or direction completed such reasonable measures as were required to perform the term or condition or carry out the order or direction that the company failed or refused to comply with.

  • 1977-78, c. 20, s. 30.