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An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (S.C. 2019, c. 28)

Assented to 2019-06-21

PART 4Consequential and Coordinating Amendments and Coming into Force (continued)

Consequential Amendments (continued)

R.S., c. E-9Energy Supplies Emergency Act (continued)

Marginal note:1996, c. 10, s. 220

 Section 40 of the Act is replaced by the following:

Marginal note:Enforcement of orders

40 Without limiting the application of sections 41 and 42 of this Act, an order made by the Canadian Transportation Agency or the Commission of the Canadian Energy Regulator under any directions issued by the Energy Supplies Allocation Board under sections 35 to 37 of this Act may be enforced in the same manner as any order made by the Canadian Transportation Agency or the Commission of the Canadian Energy Regulator under the Canada Transportation Act or the Canadian Energy Regulator Act, as the case may be.

  •  (1) The Act is amended by replacing “National Energy Board” with “Canadian Energy Regulator” in the following provisions:

    • (a) subsection 26(3);

    • (b) subsection 27(3); and

    • (c) section 28.

  • (2) The Act is amended by replacing “National Energy Board” with “Commission of the Canadian Energy Regulator” in the following provisions:

    • (a) the portion of subsection 36(2) before paragraph (a) and subsection 36(4);

    • (b) subsection 39(1);

    • (c) the portion of subsection 41(2) before paragraph (a); and

    • (d) section 42.

R.S., c. E-15Excise Tax Act

 Paragraphs 15.3(b) and 15.4(b) of Part V of Schedule VI to the Excise Tax Act are amended by replacing “National Energy Board Act” with “Canadian Energy Regulator Act”.

R.S., c. E-20; 2001, c. 33, s. 2(F)Export Development Act

Marginal note:2012, c. 19, s. 57

 Section 24.1 of the Export Development Act is replaced by the following:

Marginal note:Impact Assessment Act

24.1 Section 83 of the Impact Assessment Act does not apply when the Minister or the Minister of Finance exercises a power or performs a duty or function under this Act or any regulation made under it, or exercises a power of authorization or approval with respect to the Corporation under any other Act of Parliament or any regulation made under it.

R.S., c. F-7Federal Courts Act

Marginal note:1990, c. 8, s. 8; 2012, c. 19, s. 110

 Paragraphs 28(1)(f) and (g) of the Federal Courts Act are replaced by the following:

R.S., c. F-11Financial Administration Act

Marginal note:SOR/95-594, s. 1

 Schedule I.1 to the Financial Administration Act is amended by striking out, in column I, the reference to

  • Canadian Environmental Assessment Agency

    Agence canadienne d’évaluation environnementale

and the corresponding reference in column II to ‘‘Minister of the Environment’’.

Marginal note:1992, c. 1, s. 72

 Schedule I.1 to the Act is amended by striking out, in column I, the reference to

  • National Energy Board

    Office national de l’énergie

and the corresponding reference in column II to the “Minister of Natural Resources”.

 Schedule I.1 to the Act is amended by adding, in alphabetical order in column I, a reference to

  • Impact Assessment Agency of Canada

    Agence canadienne d’évaluation d’impact

and a corresponding reference in column II to ‘‘Minister of the Environment’’.

 Schedule II to the Act is amended by adding the following, in alphabetical order:

  • Canadian Energy Regulator

    Régie canadienne de l’énergie

Marginal note:2003, c. 22, s. 11

 Schedule IV to the Act is amended by striking out the following:

  • Canadian Environmental Assessment Agency

    Agence canadienne d’évaluation environnementale

 Schedule IV to the Act is amended by adding the following in alphabetical order:

  • Impact Assessment Agency of Canada

    Agence canadienne d’évaluation d’impact

Marginal note:2003, c. 22, s. 11

 Schedule V to the Act is amended by striking out the following:

  • National Energy Board

    Office national de l’énergie

 Schedule V to the Act is amended by adding the following, in alphabetical order:

  • Canadian Energy Regulator

    Régie canadienne de l’énergie

Marginal note:2006, c. 9, s. 270

 Part II of Schedule VI to the Act is amended by striking out, in column I, the reference to

  • Canadian Environmental Assessment Agency

    Agence canadienne d’évaluation environnementale

and the corresponding reference in column II to ‘‘President’’.

 Part II of Schedule VI to the Act is amended by adding, in alphabetical order in column I, a reference to

  • Impact Assessment Agency of Canada

    Agence canadienne d’évaluation d’impact

and a corresponding reference in column II to “President”.

Marginal note:2006, c. 9, s. 270

 Part III of Schedule VI to the Act is amended by striking out, in column I, the reference to

  • National Energy Board

    Office national de l’énergie

and the corresponding reference in column II to “Chairperson”.

 Part III of Schedule VI to the Act is amended by adding the following, in alphabetical order, in column I:

  • Canadian Energy Regulator

    Régie canadienne de l’énergie

and a corresponding reference in column II to the “Chief Executive Officer”.

R.S., c. L-2Canada Labour Code

 Subparagraph 157(3)(b)(ii) of the Canada Labour Code is amended by replacing “National Energy Board” with “Canadian Energy Regulator”.

R.S., c. N-26Northern Pipeline Act

  •  (1) The definition Board in subsection 2(1) of the Northern Pipeline Act is repealed.

  • Marginal note:2002, c.7, s. 212(E)

    (2) The definitions Agreement, designated officer and Hearing in subsection 2(1) of the Act are replaced by the following:

    Agreement

    Agreement means the Agreement between Canada and the United States dated September 20, 1977, set out in Schedule I, and includes any exchange of notes between Canada and the United States amending Annex III of the Agreement to give effect to a report of the National Energy Board, dated February 17, 1978, in which the National Energy Board indicated it would include in its decision approving, under this Act, pipeline specifications, a requirement for a 56 inch diameter pipe with a maximum allowable operating pressure of 1,080 psi for that portion of the pipeline between Whitehorse, Yukon and Caroline, Alberta; (Accord)

    designated officer

    designated officer means the commissioner of the Regulator who is designated under subsection 6(2) as Administrator or under subsection 6(4) as a deputy to the Administrator; (fonctionnaire désigné)

    Hearing

    Hearing means the hearings before the National Energy Board in respect of applications for certificates of public convenience and necessity for the construction and operation of certain natural gas pipelines that resulted in a publication of the National Energy Board under date of June, 1977 in three volumes entitled “Reasons for Decision, Northern Pipelines”; (Audience)

  • (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order:

    Regulator

    Regulator means the Canadian Energy Regulator established under the Canadian Energy Regulator Act. (Régie)

  • (4) Section 2 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Deeming

      (3) For the purposes of the Agreement set out in Schedule I to this Act, the Regulator is deemed to be the National Energy Board.

 

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