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

Marginal note:Order to reconsider

• 53. (1) After the Board has submitted its report under section 52, the Governor in Council may, by order, refer the recommendation, or any of the terms and conditions, set out in the report back to the Board for reconsideration.

• Marginal note:Factors and time limit

  (2) The order may direct the Board to conduct the reconsideration taking into account any factor specified in the order and it may specify a time limit within which the Board shall complete its reconsideration.

• Marginal note:Order binding

  (3) The order is binding on the Board.

• Marginal note:Publication

  (4) A copy of the order must be published in the Canada Gazette within 15 days after it is made.

• Marginal note:Obligation of Board

  (5) The Board shall, before the expiry of the time limit specified in the order, if one was specified, reconsider its recommendation or any term or condition referred back to it, as the case may be, and prepare and submit to the Minister a report on its reconsideration.

• Marginal note:Contents of report

  (6) In the reconsideration report, the Board shall

  • (a) if its recommendation was referred back, either confirm the recommendation or set out a different recommendation; and

  • (b) if a term or condition was referred back, confirm the term or condition, state that it no longer supports it or replace it with another one.

• Marginal note:Terms and conditions

  (7) Regardless of what the Board sets out in the reconsideration report, the Board shall also set out in the report all the terms and conditions, that it considers necessary or desirable in the public interest, to which the certificate would be subject if the Governor in Council were to direct the Board to issue the certificate.

• Marginal note:Report is final and conclusive

  (8) Subject to section 54, the Board’s reconsideration report is final and conclusive.

• Marginal note:Reconsideration of report under this section

  (9) After the Board has submitted its report under subsection (5), the Governor in Council may, by order, refer the Board’s recommendation, or any of the terms or conditions, set out in the report, back to the Board for reconsideration. If it does so, subsections (2) to (8) apply.

Marginal note:Order regarding issuance or non-issuance

• 54. (1) After the Board has submitted its report under section 52 or 53, the Governor in Council may, by order,

  • (a) direct the Board to issue a certificate in respect of the pipeline or any part of it and to make the certificate subject to the terms and conditions set out in the report; or

  • (b) direct the Board to dismiss the application for a certificate.

• Marginal note:Reasons

  (2) The order must set out the reasons for making the order.

• Marginal note:Time limit

  (3) The order must be made within three months after the Board’s report under section 52 is submitted to the Minister. The Governor in Council may, on the recommendation of the Minister, by order, extend that time limit by any additional period or periods of time. If the Governor in Council makes an order under subsection 53(1) or (9), the period that is taken by the Board to complete its reconsideration and to report to the Minister is not to be included in the calculation of the time limit.

• Marginal note:Order is final and conclusive

  (4) Every order made under subsection (1) or (3) is final and conclusive and is binding on the Board.

• Marginal note:Obligation of Board

  (5) The Board shall comply with the order made under subsection (1) within seven days after the day on which it is made.

• Marginal note:Publication

  (6) A copy of the order made under subsection (1) must be published in the Canada Gazette within 15 days after it is made.