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

Marginal note:Compliance

57. Every certificate is subject to the condition that the provisions of this Act and the regulations in force at the date of issue of the certificate and as subsequently enacted, made or amended, as well as every order made under the authority of this Act, will be complied with.

Marginal note:Exempting orders respecting pipelines, etc.

• 58. (1) The Board may make orders exempting

  • (a) pipelines or branches of or extensions to pipelines, not exceeding in any case forty kilometres in length, and

  • (b) any tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, telegraph or radio, and real and personal property, or immovable and movable, and works connected to them, that the Board considers proper,

  from any or all of the provisions of sections 29 to 33 and 47.

• (2) [Repealed, 1990, c. 7, s. 22]

• Marginal note:Terms

  (3) In any order made under this section the Board may impose such terms and conditions as it considers proper.

• Marginal note:Time limit

  (4) If an application for an order under subsection (1) is made, the Board shall, within the time limit specified by the Chairperson, either make an order under that subsection or dismiss the application.

• Marginal note:Maximum time limit and obligation to make it public

  (5) The time limit specified by the Chairperson must be no longer than 15 months after the day on which the applicant has, in the opinion of the Board, provided a complete application. The Board shall make the time limit public.

• Marginal note:Environmental assessment

  (6) If the application relates to a designated project within the meaning of section 2 of the Canadian Environmental Assessment Act, 2012, the Board shall also, within the time limit,

  • (a) prepare a report, as required by paragraph 22(b) of that Act, with respect to its environmental assessment of the designated project; and

  • (b) comply with subsections 27(1) and 54(1) of that Act with respect to that assessment.

• Marginal note:Excluded period — applicant

  (7) If the Board requires the applicant to provide information or undertake a study with respect to the pipeline or anything referred to in paragraph (1)(b) to which the application relates and the Board, with the Chairperson’s approval, states publicly that this subsection applies, the period that is taken by the applicant to comply with the requirement is not included in the calculation of the time limit.

• Marginal note:Public notice of excluded period

  (8) The Board shall make public the dates of the beginning and ending of the period referred to in subsection (7) as soon as each of them is known.

• Marginal note:Excluded period — Governor in Council

  (9) If the Board has referred a matter to the Governor in Council under subsection 52(2) of the Canadian Environmental Assessment Act, 2012, the period that begins on the day on which the reference is made and ends on the day on which the Governor in Council makes a decision in relation to the matter is not included in the calculation of the time limit.

• Marginal note:Extension

  (10) The Minister may, by order, extend the time limit by a maximum of three months. The Governor in Council may, on the recommendation of the Minister, by order, further extend the time limit by any additional period or periods of time.

• Marginal note:Continuation of jurisdiction and obligation

  (11) A failure by the Board to comply with subsection (4) within the required time limit does not affect its jurisdiction to deal with the application or its obligation to make the order or to dismiss the application, and anything done by it in relation to the application remains valid.