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

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

Location and Construction under Federal Law

Marginal note:Election

58.23 The applicant for or holder of a permit or certificate may file with the Board in the form prescribed by the regulations an election that the provisions of this Act referred to in section 58.27 and not the laws of a province described in section 58.19 apply in respect of the existing or proposed international power line.

  • 1990, c. 7, s. 23.
Marginal note:Application

58.24 Sections 58.26 and 58.27 apply only in respect of

  • (a) international power lines in respect of which an election is filed under section 58.23;

  • (b) those portions of international power lines that are within a province in which no provincial regulatory agency is designated under section 58.17; and

  • (c) interprovincial power lines in respect of which an order made under section 58.4 is in force.

  • 1990, c. 7, s. 23.
Marginal note:Effect of election

  • 58.25 (1) Where an election is filed under section 58.23,

    • (a) no permit shall be issued in respect of the line;

    • (b) any application in respect of the line shall be dealt with as an application for a certificate; and

    • (c) any permit or certificate issued in respect of the line is thereupon revoked.

  • Marginal note:Liability

    (2) An applicant for or holder of a permit or certificate who files an election under section 58.23 and who, at the time of the election, is proceeding under the laws of a province to acquire land for the purpose of constructing or operating the international power line is liable to each person who has an interest in the land or, in the Province of Quebec, a right in the land, for all damages suffered and reasonable costs incurred in consequence of the abandonment of the acquisition.

  • Marginal note:Idem

    (3) An action for damages and costs referred to in subsection (2) may be brought in any court of competent jurisdiction in the province in which the land is situated.

  • 1990, c. 7, s. 23;
  • 2004, c. 25, s. 152.
Previous Version
Marginal note:Prohibition

58.26 No person shall begin the construction of a section or part of an international or interprovincial power line until

  • (a) the plan, profile and book of reference of the section or part are approved by the Board; and

  • (b) copies of the plan, profile and book of reference so approved, duly certified as such by the Secretary, are deposited in the offices of the registrars of deeds for the districts or counties through which the section or part is to pass.

  • 1990, c. 7, s. 23.