Pipeline Safety Act (S.C. 2015, c. 21)
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Assented to 2015-06-18
R.S., c. N-7NATIONAL ENERGY BOARD ACT
26. (1) The portion of section 84 of the Act before paragraph (a) is replaced by the following:
Marginal note:Application restricted
84. The provisions of this Part that provide negotiation and arbitration procedures to determine compensation matters apply in respect of all damage caused by the pipeline or abandoned pipeline or anything carried by the pipeline but do not apply to
(2) Subparagraph 84(a)(i) of the Act is replaced by the following:
(i) the acquisition of lands for a pipeline or abandoned pipeline,
(3) Subparagraph 84(a)(ii) of the French version of the Act is replaced by the following:
(ii) construction du pipeline,
(4) Subparagraph 84(a)(iii) of the Act is replaced by the following:
(iii) the inspection, maintenance or repair of the pipeline or abandoned pipeline;
Marginal note:2001, c. 4, s. 104
27. Paragraphs 86(2)(c) and (d) of the Act are replaced by the following:
(c) compensation for damages caused by the company’s operations, pipelines or abandoned pipelines;
(d) indemnification from all liabilities, damages, claims, suits and actions resulting from the company’s operations, pipelines or abandoned pipelines, other than liabilities, damages, claims, suits and actions resulting from
(i) in the Province of Quebec, the gross or intentional fault of the owner of the lands, and
(ii) anywhere else in Canada, the gross negligence or wilful misconduct of the owner of the lands;
28. Subsection 88(1) of the Act is replaced by the following:
Marginal note:Request for negotiations
88. (1) If a company and an owner of lands have not agreed on the amount of compensation payable under this Act for the acquisition of lands or for damages caused by the company’s operations, pipelines or abandoned pipelines, or on any issue related to that compensation, the company or the owner may serve notice of negotiation on the other of them and on the Minister requesting that the matter be negotiated under subsection (3).
29. Subsection 90(2) of the Act is replaced by the following:
Marginal note:If subsequent disputes not settled
(2) If a company and a person who has had an award of compensation made in their favour or has entered into an agreement respecting compensation with the company are unable to settle any claim for damages caused by the company’s operations, pipelines or abandoned pipelines, or any matter respecting the compensation payable if annual or other periodic payments have been selected, the company or the person may serve notice of arbitration on the other of them and on the Minister requesting that the matter be determined by arbitration.
30. (1) The portion of subsection 91(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Duties of Minister
91. (1) Within six months from the day on which the Minister is served with a notice of arbitration under this Part, the Minister shall,
(2) Paragraphs 91(1)(a) and (b) of the English version of the Act are replaced by the following:
(a) if an Arbitration Committee exists to deal with the matter referred to in the notice, serve the notice on that Committee; or
(b) if no Arbitration Committee exists to deal with the matter, appoint an Arbitration Committee and serve the notice on that Committee.
31. The Act is amended by adding the following after section 91:
Marginal note:Replacing member
91.1 (1) If a member of an Arbitration Committee becomes incapacitated, resigns or dies, resulting in the loss of quorum, the Minister may appoint a replacement for that member.
Marginal note:Effects of replacing member
(2) If a replacement is appointed under subsection (1) to replace a member,
(a) evidence and representations received by the Arbitration Committee before the replacement was appointed are considered to have been received after the replacement was appointed; and
(b) the Arbitration Committee is bound by every decision that it made before the replacement was appointed unless it elects to review, vary or rescind a decision.
32. Subsection 93(5) of the Act is replaced by the following:
Marginal note:Written decisions
(5) An Arbitration Committee shall render its decision and the reasons for it in writing within six months from the day on which it concludes a hearing.
Marginal note:Continuation of obligation
(6) A failure by an Arbitration Committee to comply with subsection (5) within the required time limit does not affect its obligation to render the decision, and anything done by it in relation to that decision remains valid.
33. The Act is amended by adding the following after section 95:
Marginal note:Limitation period or prescription
95.1 (1) An Arbitration Committee shall conclude a hearing within 18 months from the day on which it is served with a notice of arbitration that is, in its opinion, complete.
Marginal note:Continuation of jurisdiction
(2) A failure by an Arbitration Committee to comply with subsection (1) within the required time limit does not affect its jurisdiction to deal with the matter referred to in the notice, and anything done by it in relation to that matter remains valid.
Marginal note:1990, c. 7, s. 28
34. (1) Subsections 112(1) to (3) of the Act are replaced by the following:
Marginal note:Prohibition — construction or ground disturbance
112. (1) It is prohibited for any person to construct a facility across, on, along or under a pipeline or engage in an activity that causes a ground disturbance within the prescribed area unless the construction or activity is authorized by the orders or regulations made under subsection (5) and done in accordance with them.
Marginal note:Prohibition — vehicles and mobile equipment
(2) It is prohibited for any person to operate a vehicle or mobile equipment across a pipeline unless
(a) that operation is authorized by the orders or regulations made under subsection (5) and done in accordance with them; or
(b) the vehicle or mobile equipment is operated within the travelled portion of a highway or public road.
Marginal note:1990, c. 7, s. 28; 2012, c. 19, s. 92(1)
(2) Subsection 112(5) of the Act is replaced by the following:
Marginal note:Regulations and orders
(5) The Board may make orders or regulations
(a) governing the design, construction, operation and abandonment of facilities constructed across, on, along or under pipelines;
(a.1) prescribing the area for the purposes of subsection (1);
(a.2) authorizing the construction of facilities across, on, along or under pipelines;
(a.3) authorizing ground disturbances within the prescribed area;
(b) governing the measures to be taken in relation to
(i) the construction of facilities across, on, along or under pipelines,
(ii) the construction of pipelines across, on, along or under facilities, other than railways, and
(iii) ground disturbances within the prescribed area;
(c) authorizing the operation of vehicles or mobile equipment across a pipeline and governing the measures to be taken in relation to that operation; and
(d) specifying activities for the purposes of paragraph (a) of the definition “ground disturbance” in section 2.
Marginal note:1999, c. 31, s. 167
(3) The portion of subsection 112(5.1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Temporary prohibition on ground disturbances
(5.1) Orders or regulations made under subsection (5) may provide for the prohibition of ground disturbances in an area that is situated in the vicinity of a pipeline and that may extend beyond the prescribed area during the period that starts when a request is made to a pipeline company to locate its pipeline and ends
35. The Act is amended by adding the following after section 118:
Marginal note:Limitation period or prescription
118.1 (1) The Board shall decide whether to issue a licence for the exportation of oil or gas within six months from the day on which the applicant has, in the Board’s opinion, provided a complete application. The Board shall make that day public.
Marginal note:Continuation of jurisdiction
(2) A failure by the Board to comply with subsection (1) within the required time limit does not affect its jurisdiction to issue the licence and anything done by it in relation to the issuance of that licence remains valid.
Marginal note:Excluded period
(3) If the Board requires the applicant to provide information or undertake a study with respect to the application and the Board states publicly that this subsection applies, the period that is taken by the applicant to comply with the requirement is not included in the calculation of the time limit.
Marginal note:Public notice of excluded period
(4) The Board shall make public the day on which the period referred to in subsection (3) begins and the day on which it ends as soon as each day is known.
Marginal note:Extension
(5) The Minister may, by order, extend the time limit by a maximum of three months. The Governor in Council may, on the recommendation of the Minister, by order, further extend that time limit by any additional period or periods of time.
Marginal note:Governor in Council approval
118.2 (1) If a regulation made under subsection 119.01(1) requires the approval of the Governor in Council for the issuance of a licence for the exportation of oil or gas, the Board may issue the licence only if the Governor in Council grants its approval within three months from the day on which the Board makes its decision under subsection 118.1(1).
Marginal note:Continuation of jurisdiction.
(2) Despite subsection (1), if the Governor in Council grants its approval after the expiry of the time limit for doing so, the Board’s jurisdiction to issue the licence is not affected and anything done by it in relation to the issuance of that licence remains valid.
Marginal note:Period for issuing licence
(3) The Board shall issue the licence within seven days from the day on which the Governor in Council’s approval is granted.
- Date modified: