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

Act current to 2013-04-29 and last amended on 2012-07-06. Previous Versions

Marginal note:Confidentiality

16.1 In any proceedings under this Act, the Board may take any measures and make any order that it considers necessary to ensure the confidentiality of any information likely to be disclosed in the proceedings if the Board is satisfied that

  • (a) disclosure of the information could reasonably be expected to result in a material loss or gain to a person directly affected by the proceedings, or could reasonably be expected to prejudice the person’s competitive position; or

  • (b) the information is financial, commercial, scientific or technical information that is confidential information supplied to the Board and

    • (i) the information has been consistently treated as confidential information by a person directly affected by the proceedings, and

    • (ii) the Board considers that the person’s interest in confidentiality outweighs the public interest in disclosure of the proceedings.

  • 1994, c. 10, s. 20.
Marginal note:Confidentiality

16.2 In respect of any order, or in any proceedings, of the Board under this Act, the Board may take any measures and make any order that the Board considers necessary to ensure the confidentiality of information that is contained in the order or is likely to be disclosed in the proceedings if the Board is satisfied that

  • (a) there is a real and substantial risk that disclosure of the information will impair the security of pipelines, international power lines, buildings, structures or systems, including computer or communication systems, or methods employed to protect them; and

  • (b) the need to prevent disclosure of the information outweighs the public interest in disclosure of orders and proceedings of the Board.

  • 2004, c. 15, s. 82.
Marginal note:Participant funding program

16.3 For the purposes of this Act, the Board may establish a participant funding program to facilitate the participation of the public in hearings that are held under section 24.

  • 2010, c. 12, s. 2149.

Orders and Decisions

Marginal note:Enforcement of Board orders

  • 17. (1) Any decision or order made by the Board may, for the purpose of enforcement thereof, be made a rule, order or decree of the Federal Court or of a superior court of a province and shall be enforced in like manner as a rule, order or decree of that court.

  • Marginal note:Procedure for enforcement

    (2) To make a decision or order of the Board a rule, order or decree of the Federal Court or a superior court, the usual practice and procedure of the court in such matters may be followed, or in lieu thereof the Secretary may produce to the court a certified copy of the decision or order under the seal of the Board and thereupon the decision or order becomes a rule, order or decree of the court.

  • R.S., c. N-6, s. 15;
  • R.S., c. 10(2nd Supp.), s. 64.