Marginal note:Advance of compensation
105. Where a company has been granted an immediate right to enter any lands under subsection 104(1), the owner of the lands is entitled to receive from the company an amount as an advance of the compensation referred to in subsection 88(1) and where the owner has not received an advance or is not agreeable to the amount of the advance offered by the company, the owner may serve a notice of arbitration on the company and on the Minister requesting that the matter be determined by arbitration.
- 1980-81-82-83, c. 80, s. 5.
Marginal note:Vesting and registration
106. An order under subsection 104(1) granting to a company an immediate right to enter any lands
(a) shall be deemed to vest in the company any title, interest or right in the lands in respect of which the order is granted that is specified in the order; and
(b) shall be deposited in, and shall be registered, recorded or filed, as the case requires, by the registrar of deeds of, the land registry or land titles office in which land transactions affecting those lands may be deposited, registered, recorded or filed.
- R.S., 1985, c. N-7, s. 106;
- 2004, c. 25, s. 160.
107. The Minister may, with the approval of the Governor in Council, make regulations
(a) prescribing, in addition to the matters specified in paragraphs 86(2)(a) to (e), other matters that shall be included in a land acquisition agreement between a company and an owner of lands;
(b) providing for substituted service of any notice required to be served under section 34 or under this Part;
(c) prescribing the form of notices under this Part;
(d) governing the conduct of proceedings at public hearings held by an Arbitration Committee; and
(e) generally for carrying out the purposes and provisions of this Part.
- 1980-81-82-83, c. 80, s. 5.
Construction over other Utility Lines, etc.
Marginal note:Construction — utility
108. (1) Subject to subsection (4), no company shall construct a pipeline that passes on, over, along or under a utility unless a certificate has been issued, or an order has been made under section 58, in respect of the pipeline, and
(a) the certificate or order contains a term or condition relating to that utility;
(b) the company has been granted leave under subsection (2); or
(c) the company is constructing the pipeline in circumstances specified in an order or regulation made under subsection (4).
Marginal note:Authority to grant leave
(2) The Board may, by order, on application, grant a company leave to construct a pipeline that passes on, over, along or under a utility. It may require from the applicant any plans, profiles and other information that it considers necessary to deal with the application.
Marginal note:Terms and conditions
(3) The leave may be granted in whole or in part and be subject to terms and conditions.
(4) The Board may make orders or regulations specifying circumstances for the purposes of paragraph (1)(c).
Marginal note:Leave in emergency cases
(5) The Board may grant leave under subsection (2) after construction of the proposed work has commenced if is satisfied that the work was urgently required and, before the commencement of construction, it was notified of the company’s intention to proceed with the proposed work.
Definition of “utility”
(6) In this section, “utility” means a highway, an irrigation ditch, a publicly owned or operated drainage system, sewer or dike, an underground telegraph or telephone line or a line for the transmission of hydrocarbons, electricity or any other substance.
- R.S., 1985, c. N-7, s. 108;
- R.S., 1985, c. 28 (3rd Supp.), s. 359;
- 1990, c. 7, s. 26;
- 1996, c. 10, s. 244;
- 2012, c. 19, s. 91.
- Date modified: