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)

Marginal note:Leave

35 Any leave granted by the National Energy Board is considered to have been granted under the Canadian Energy Regulator Act.

Marginal note:Pending applications

36 Applications pending before the National Energy Board immediately before the commencement day are to be taken up before the Commission of the Regulator and continued in accordance with the National Energy Board Act as it read immediately before the commencement day.

Marginal note:For greater certainty

36.1 For greater certainty, section 182.1 of the Impact Assessment Act applies in relation to a pending application referred to in section 36.

Marginal note:Excluded periods if no regulations — Part 3

• 37 (1) Before the coming into force of the first regulation made for the purposes of subsection 183(5) or 214(5) of the Canadian Energy Regulator Act, the Lead Commissioner may, in the circumstances that he or she considers appropriate, exercise the powers set out in those subsections.

• Marginal note:Excluded periods if no regulations — Part 4

  (2) Before the coming into force of the first regulation made for the purposes of subsection 262(6) of the Canadian Energy Regulator Act, the Lead Commissioner may, in the circumstances that he or she considers appropriate, exercise the power set out in that subsection.

• Marginal note:Excluded periods if no regulations — Part 5

  (3) Before the coming into force of the first regulation made for the purposes of subsection 298(6) of the Canadian Energy Regulator Act, the Lead Commissioner may, in the circumstances that he or she considers appropriate, exercise the power set out in that subsection.

Marginal note:Certified copies

38 For the purposes of sections 198, 208 and 265 of the Canadian Energy Regulator Act, a copy of a document that is certified by the Secretary of the National Energy Board is considered to have been certified by the Regulator under that Act.

Marginal note:Lands — consent not required

39 A person or company is not required to obtain the consent referred to in subsection 317(1) of the Canadian Energy Regulator Act in relation to lands if, before the commencement day,

• (a) the person or company had taken possession of, used or occupied those lands; or

• (b) the person or company had obtained the authorization under the National Energy Board Act, as it read immediately before the commencement day, to construct or operate a pipeline or power line on those lands.

Marginal note:Section 112 of National Energy Board Act

40 Section 112 of the National Energy Board Act, as it read immediately before the commencement day, continues to apply in relation to compensation matters in respect of a pipeline for which

• (a) an application for a certificate under subsection 52(1) of that Act was received by the National Energy Board before that day; or

• (b) an application for an order under subsection 58(1) of that Act was received by the National Energy Board before that day.

Marginal note:Pending requests

41 Any request for which a notice was served on the Minister under subsections 88(1) and 90(1) of the National Energy Board Act, as those sections read immediately before the commencement day, is continued in accordance with those subsections.

Marginal note:Importation of oil or gas

• 42 (1) Division I of Part VI of the National Energy Board Act, as it read immediately before the commencement day, continues to apply to the importation of oil or gas until the earlier of the third anniversary of the commencement day and the day on which regulations are made for the purposes of section 352 of the Canadian Energy Regulator Act.

• Marginal note:Interpretation

  (2) For the purposes of subsection (1), every reference to the National Energy Board in Division I of Part VI of the National Energy Board Act is to be read as a reference to the Regulator or the Commission of the Regulator, as the case may be.

Marginal note:References

42.1 Every reference to the National Energy Board in any deed, contract, agreement or other document executed, or in Quebec, signed, by the National Energy Board in its own name is, unless the context otherwise requires, to be read as a reference to the Regulator.

Marginal note:Appropriations

42.2 Any amount that is appropriated by an Act of Parliament for the fiscal year in which the commencement day falls to defray the expenditures of the National Energy Board and that is unexpended on that day is considered to be an amount appropriated to defray the expenditures of the Regulator.

Marginal note:Regulations

43 The Governor in Council may make any regulations that the Governor in Council considers necessary to provide for any other transitional matter arising from the coming into force of the Canadian Energy Regulator Act.

Repeal

Marginal note:Repeal

44 The National Energy Board Act, chapter N-7 of the Revised Statutes of Canada, is repealed.

PART 3R.S., c. N-22; 2012, c. 31, s. 316Navigation Protection Act

Amendments to the Act

45 The long title of the Navigation Protection Act is replaced by the following:

Marginal note:2012, c. 31, s. 316

46 Section 1 of the Act is replaced by the following:

Marginal note:2012, c. 31, s. 317(5)

• 47 (1) The definitions designated work and minor water in section 2 of the Act are repealed.

• Marginal note:2012, c. 31, s. 317(5)

  (2) The definition ouvrage secondaire in section 2 of the French version of the Act is repealed.

• Marginal note:2012, c. 31, ss. 317(4) and (5)

  (3) The definitions navigable water, obstruction, owner, vessel and work in section 2 of the Act are replaced by the following:

  navigable water

  navigable water means a body of water, including a canal or any other body of water created or altered as a result of the construction of any work, that is used or where there is a reasonable likelihood that it will be used by vessels, in full or in part, for any part of the year as a means of transport or travel for commercial or recreational purposes, or as a means of transport or travel for Indigenous peoples of Canada exercising rights recognized and affirmed by section 35 of the Constitution Act, 1982, and

  • (a) there is public access, by land or by water;

  • (b) there is no such public access but there are two or more riparian owners; or

  • (c) Her Majesty in right of Canada or a province is the only riparian owner. (eaux navigables)

  obstruction

  obstruction means any thing, including a vessel that is left anchored, moored or adrift or a wreck, that obstructs or impedes navigation or renders it more difficult or dangerous, but does not include a thing of natural origin unless a person causes the thing of natural origin to obstruct or impede navigation or to render it more difficult or dangerous. (obstacle)

  owner

  owner, in relation to a work, means the actual or reputed owner of the work or that owner’s agent or mandatary. It includes a person who is in possession or claiming ownership of the work and a person who is authorizing or otherwise responsible for the construction, placement, alteration, rebuilding, removal, decommissioning, repair, maintenance, operation, use or safety of the work. It also includes a person who proposes to construct or place a work. (propriétaire)

  vessel

  vessel includes any description of ship, boat or floating craft designed, used or capable of being used for navigation, without regard to method or lack of propulsion, including everything forming part of its machinery, tackle, equipment, cargo, stores or ballast. (bâtiment)

  work

  work includes

  • (a) any structure, device or other thing, whether temporary or permanent, that is made by humans, including a structure, device or other thing used for the repair or maintenance of another work; and

  • (b) any dumping of fill in any navigable water, or any excavation or dredging of materials from the bed of any navigable water. (ouvrage)

• (4) Section 2 of the Act is amended by adding the following in alphabetical order:

  Indigenous knowledge

  Indigenous knowledge means the Indigenous knowledge of the Indigenous peoples of Canada. (connaissances autochtones)

  Indigenous peoples of Canada

  Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada)

• (5) Section 2 of the Act is amended by adding the following in alphabetical order:

  major work

  major work means any work designated under paragraph 28(2)(b). (ouvrage majeur)

• (6) Section 2 of the French version of the Act is amended by adding the following in alphabetical order:

  minor work

  ouvrage mineur Ouvrage désigné en vertu de l’alinéa 28(2)a). (minor work)