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

Marginal note:Prohibition

119.02 No person shall export any electricity except under and in accordance with a permit issued under section 119.03 or a licence issued under section 119.08.

Marginal note:Issuance

• 119.03 (1) Except in the case of an application designated by order of the Governor in Council under section 119.07, the Board shall, on application to it and without holding a public hearing, issue a permit authorizing the exportation of electricity.

• Marginal note:Information

  (2) The application must be accompanied by the information that under the regulations is to be furnished in connection with the application.

Marginal note:Publication

• 119.04 (1) The applicant shall publish a notice of the application in the Canada Gazette and such other publications as the Board considers appropriate.

• Marginal note:Waiver

  (2) The Board may waive the requirement to publish a notice referred to in subsection (1) if the Board considers that there is a critical shortage of electricity outside Canada caused by terrorist activity within the meaning of subsection 83.01(1) of the Criminal Code.

Marginal note:Further information

119.05 The Board may, within a reasonable time after the publication of the notice, require the applicant to furnish such information, in addition to that required to accompany the application, as the Board considers necessary to determine whether to make a recommendation pursuant to section 119.06.

Marginal note:Delay of issuance

• 119.06 (1) The Board may make a recommendation to the Minister, which it shall make public, that an application for exportation of electricity be designated by order of the Governor in Council under section 119.07, and may delay issuing a permit during such period as is necessary for the purpose of making such an order.

• Marginal note:Criteria

  (2) In determining whether to make a recommendation, the Board shall seek to avoid the duplication of measures taken in respect of the exportation by the applicant and the government of the province from which the electricity is exported, and shall have regard to

  • (a) the effect of the exportation of the electricity on provinces other than that from which the electricity is to be exported;

  • (b) [Repealed, 2012, c. 19, s. 94]

  • (c) whether the applicant has

    • (i) informed those who have declared an interest in buying electricity for consumption in Canada of the quantities and classes of service available for sale, and

    • (ii) given an opportunity to purchase electricity on terms and conditions as favourable as the terms and conditions specified in the application to those who, within a reasonable time after being so informed, demonstrate an intention to buy electricity for consumption in Canada; and

  • (d) such considerations as may be specified in the regulations.