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

Marginal note:Criteria

118. On an application for a licence to export oil or gas, the Board shall satisfy itself that the quantity of oil or gas to be exported does not exceed the surplus remaining after due allowance has been made for the reasonably foreseeable requirements for use in Canada, having regard to the trends in the discovery of oil or gas in Canada.

Marginal note:Revocation and suspension of licences

• 119. (1) Subject to subsection (2) and the regulations, the Board may, by order, with the approval of the Governor in Council, revoke or suspend a licence if

  • (a) any term or condition of the licence has not been complied with or has been contravened; or

  • (b) the Board is of the opinion that the public convenience and necessity so require.

• Marginal note:Notice to licence holder

  (2) No order shall be made under subsection (1) unless the Board has, in a notice sent to the holder of the licence, advised the holder of the term or condition of the licence that it is alleged has not been complied with or has been contravened, or of the reasons on which the opinion of the Board referred to in paragraph (1)(b) is based, as the case may be, and the Board has afforded the holder a reasonable opportunity to be heard.

• Marginal note:Revocation or suspension on application, etc., of holder

  (3) Notwithstanding subsections (1) and (2), the Board may, by order, revoke or suspend a licence on the application or with the consent of the holder thereof.

Marginal note:Regulations

• 119.01 (1) The Governor in Council may make regulations for carrying into effect the purposes and provisions of this Division, including regulations respecting

  • (a) the information to be furnished by applicants for licences and the procedure to be followed in applying for licences and in issuing licences;

  • (b) the duration of licences, not exceeding twenty-five years, from a date to be fixed in the licence, the approval required in respect of the issue of licences, the quantities that may be exported or imported under licences and any other terms and conditions to which licences may be subject;

  • (c) units of measurement and measuring instruments or devices to be used in connection with the exportation or importation of oil or gas;

  • (d) the inspection of any instruments, devices, plant, equipment, books, records or accounts or any other thing used for or in connection with the exportation or importation of oil or gas;

  • (e) the immediate disposition of oil or gas seized by an officer referred to in section 122; and

  • (f) the circumstances in which the Board may make orders authorizing the exportation or importation of oil or gas and the terms and conditions that may be included in those orders.

• Marginal note:Regulations respecting export prices

  (2) The Governor in Council may make regulations

  • (a) prescribing, in respect of oil or gas the export of which is authorized under this Part, or any quality, kind or class of that oil or gas or type of service in relation thereto, the price at which or the range of prices within which that oil or gas shall be sold; and

  • (b) exempting oil or gas that is exported to a NAFTA country, as defined in subsection 2(1) of the North American Free Trade Agreement Implementation Act, to Chile or to Costa Rica, or any quality, kind or class of that oil or gas or type of service in relation thereto, from the application of regulations made under paragraph (a).

  • (c) [Repealed, 1997, c. 14, s. 82]

• Marginal note:Idem

  (3) Regulations made under subsection (2) may prescribe different prices or ranges of prices in respect of different countries.