Northern Pipeline Act (R.S.C., 1985, c. N-26)

Marginal note:Exercise of powers by departments and other agencies

16 The Minister may, to facilitate the exercise of such of the powers and the carrying out of such of the duties and functions of a member of the Queen’s Privy Council for Canada or any department or agency of the Government of Canada as are transferred to him, enter into an agreement with the member, department or agency whereby the member, department or agency will exercise the powers and carry out the duties and functions so transferred in a manner determined in the agreement.

Marginal note:No taxing authority transferred

17 No transfer of any power, duty or function under section 15 authorizes the Minister to levy a tax or impose a licence fee or other monetary charge greater than the tax, licence fee or other monetary charge set out in the Act or regulations referred to in the transfer.

Federal-Provincial Consultative Council

Marginal note:Council to be established

• 18 (1) For the purpose of carrying out the objects of this Act, the Governor in Council may establish a Federal-Provincial Consultative Council consisting of

  • (a) the Commissioner and a representative of Yukon named by the Governor in Council on the recommendation of the Legislature of Yukon; and

  • (b) one representative of each of the provinces of British Columbia, Saskatchewan and Alberta nominated by the Lieutenant Governor in Council of each of those provinces.

• Marginal note:Meeting and objects

  (2) The Council established under subsection (1) shall meet at least once every three months at such places in Canada as may be determined by the Council to consult on and to facilitate the coordination of the actions of the Agency, the governments of the provinces referred to in paragraph (1)(b), the government of Yukon and other governmental bodies in relation to the pipeline, and in particular with a view to ensuring a consistent approach in so far as is possible relating to the pipeline.

• Marginal note:Committees of Council

  (3) The Council established by subsection (1) may establish committees of the Council to advise it on such matters relating to the objects set out in subsection (2) as the Council refers to those committees.

Advisory Councils

Marginal note:Establishment and composition

• 19 (1) For the purpose of assisting the Minister in carrying out the objects of this Act, the Governor in Council shall establish and set the terms of reference of one or more advisory councils each consisting of not more than ten members to be selected from outside the federal public administration and appointed by the Governor in Council to hold office for such term as the Governor in Council may determine.

• Marginal note:Yukon Advisory Council

  (2) One of the advisory councils established under subsection (1) shall be the Yukon Advisory Council with members representative of areas and interests, including native interests, in Yukon.

• Marginal note:Functions

  (3) The Commissioner shall inform a council established under subsection (1) of the activities of the Agency relating to the terms of reference of the council and any such council may advise and make recommendations to the Commissioner respecting those activities.

• Marginal note:Council members

  (4) Each member of a council established under subsection (1) is entitled to be paid out of the funds appropriated for the Agency such fees as are fixed by the Governor in Council for attendance at meetings of the council.

• Marginal note:Expenses

  (5) Each member of a council established under subsection (1) is entitled to be paid out of the funds appropriated for the Agency reasonable travel and living expenses incurred by him in connection with the performance of his duties under this Act while absent from his ordinary place of residence.

Canadian Energy Regulator

Marginal note:Directions to the Regulator

• 20 (1) The Governor in Council may, by order, in respect of the pipeline, give directions to the Regulator respecting the exercise of the powers of the Regulator under, or the performance of the duties and functions imposed on the Regulator by, the Canadian Energy Regulator Act and this Act and the Regulator must comply with those directions.

• Marginal note:Directions to designated officer

  (2) The Governor in Council may, by order, in respect of the pipeline, give directions to the designated officer respecting the exercise of the powers and the performance of the duties and functions of the Regulator delegated to him or her by the Regulator under section 7 or imposed on him or her by this Act and the designated officer must comply with those directions.

Certificates

Marginal note:Certificate issued

• 21 (1) A certificate of public convenience and necessity in respect of the pipeline is hereby declared to be issued to each company listed in Schedule II for that portion of the route indicated in the Agreement in respect of that company.

• Marginal note:Certificate considered to be issued by Board

  (2) A certificate of public convenience and necessity declared to be issued by subsection (1) is considered to be a certificate issued under section 52 of the National Energy Board Act on April 13, 1978.

• Marginal note:Terms and conditions

  (3) Every certificate declared to be issued by subsection (1) is subject to the terms and conditions set out in Schedule III.

• Marginal note:Amendments of terms and conditions

  (4) The Commission of the Regulator or the designated officer may rescind, amend or add to the terms and conditions set out in Schedule III or deemed to be set out therein but no rescission of or amendment to such a term or condition or addition of a term or condition is effective without the approval of the Governor in Council.

• Marginal note:Application of Foreign Investment Review Act

  (5) Where any question arises under Schedule III whether a person is or is not a non-eligible person within the meaning of the Foreign Investment Review Act, chapter 46 of the Statutes of Canada, 1973-74, that person shall apply under subsection 4(1) of that Act for a statement in writing from the Minister referred to in that subsection to the effect that the person is not a non-eligible person within the meaning of that Act and that Minister shall deal with the application in the same manner as if it were an application for an opinion pursuant to a question arising under that Act, and any statement in writing furnished by that Minister is binding in accordance with that subsection but only for the purposes of this Act.

• Marginal note:Shareholder agreement not to be amended

  (6) Every certificate of public convenience and necessity declared to be issued by this Act is subject to the condition that Westcoast Transmission Company Limited, Alberta Gas Trunk Line Company Limited and Foothills Pipe Lines (Yukon) Ltd. shall not, without the prior approval of the Governor in Council and the Commission of the Regulator, terminate, alter or amend the shareholders agreement entered into by those companies dated August 4, 1977 as amended prior to February 3, 1978.

Marginal note:Powers of designated officer

• 22 (1) The designated officer may, with the concurrence of the Minister, issue such orders and directions to the companies and grant such approvals to them as may be necessary to carry out the terms and conditions set out in Schedule III.

• Marginal note:Deemed undertakings

  (2) Every undertaking given by Foothills Pipe Lines (Yukon) Ltd., the Alberta Gas Trunk Line (Canada) Limited, Westcoast Transmission Company Limited and Alberta Natural Gas Company Ltd. and in the submission of the Alberta Gas Trunk Line Company Limited to the Board, as amended during the Hearing, is deemed to be

  • (a) an undertaking of every company in so far as the undertaking relates to the company and to the portion of the route indicated in the Agreement in respect of that company; and

  • (b) a term or condition set out in Schedule III.

Marginal note:Publication and report

23 A direction issued by the Governor in Council under subsection 20(1) or (2) or an approval under subsection 21(4) shall be published forthwith in the Canada Gazette and the Minister shall cause a copy of the direction or approval to be laid before Parliament on any of the first fifteen days that either House of Parliament is sitting after the direction or approval is given.

Judicial Matters

Marginal note:Decision or order final

• 24 (1) A decision or order of the Commission of the Regulator in relation to the pipeline is valid and effective, final and conclusive and, except as provided in subsection (2), no such decision or order or any proceeding of the Commission of the Regulator resulting in the issue of such a decision or order is subject to any proceeding by way of appeal or review in any court or to be questioned, enjoined, prohibited, removed, restrained, set aside or otherwise affected by any such proceeding.

• Marginal note:Judicial review

  (2) Where a person is directly affected by a decision or order of the Commission of the Regulator in relation to the pipeline, that person may apply for a review of the decision or order under the Federal Courts Act by filing a notice of the application in the Federal Court of Appeal within thirty days after the decision or order is made or within such further time as the Court or a judge thereof may, either before or after the expiration of those thirty days, fix or allow.

Native Claims

Marginal note:Native claims unaffected

25 Notwithstanding this Act, any native claim, right, title or interest that the native people of Canada may have had prior to April 13, 1978 in and to the land on which the pipeline will be situated continues to exist until a settlement in respect of any such claim, right, title or interest is effected.

Penalties

Marginal note:Notice of failure to comply

• 26 (1) Where a company fails to comply with

  • (a) a term or condition of a certificate of public convenience and necessity declared to be issued by subsection 21(1), or

  • (b) an order or direction issued by the Commission of the Regulator or the designated officer in relation to such a certificate,

  the designated officer may

  • (c) give the company written notice of the failure and set, in the notice, a time within which the company shall comply with the term or condition or order or direction, and

  • (d) cause the notice to be served on the company by registered mail or in person.

• Marginal note:Penalty

  (2) Where, pursuant to subsection (1), the designated officer gives the company notice of failure to comply and the company fails, within the time set out in the notice and without lawful excuse, to comply with the term or condition or order or direction, set out in the notice, the Minister may issue an assessment against the company imposing a penalty, not exceeding ten thousand dollars for each day during which the failure continues, on the company.

• Marginal note:Notice of assessment

  (3) Where the Minister issues an assessment under subsection (2) against a company, he shall cause a notice of the assessment to be served forthwith on the company and notice thereof to be published in the Canada Gazette.

• Marginal note:Objection

  (4) A company that objects to an assessment under subsection (2) may, within thirty days from the day of mailing of the notice of assessment, serve on the Minister a notice of objection, in duplicate, in such form as the Governor in Council may prescribe setting out the reason for the objection and the relevant facts.

• Marginal note:Service

  (5) A notice of assessment under subsection (3) and a notice of objection under subsection (4) shall be served by being sent by registered mail.

• Marginal note:Representation

  (6) On receipt of a notice of objection under subsection (4) from a company, the Minister shall, with all due dispatch, reconsider the assessment objected to and vacate, confirm or vary the assessment and he shall thereupon notify the company of his action by registered mail.

Marginal note:Right of appeal

• 27 (1) Where a company receives a notice referred to in subsection 26(6), the company may, within thirty days after receipt of the notice and without serving a notice of objection to the action taken by the Minister under that subsection, appeal the action to the Federal Court.

• Marginal note:Institution of appeal

  (2) An appeal to the Federal Court under subsection (1) shall be instituted in the manner set out in section 48 of the Federal Courts Act.

• Marginal note:Burden of proof

  (3) In an appeal under this section, the burden of establishing the facts justifying the assessment of the penalty is on the Minister.

• Marginal note:Disposal of appeal

  (4) The Federal Court may dispose of an appeal under this section by

  • (a) allowing it;

  • (b) dismissing it; or

  • (c) dismissing it and varying the penalty but, in varying the penalty, the Federal Court shall not increase the penalty beyond the maximum penalty permitted by section 26.

Marginal note:Debt due Her Majesty

28 A penalty payable under this Act is a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction.

Cost Recovery

Marginal note:Costs of Agency to be recovered

• 29 (1) Every certificate of public convenience and necessity declared to be issued by subsection 21(1) to a company is subject to the condition that the company shall annually pay to the Receiver General an amount equal to the costs that are attributable to the Agency’s responsibilities under this Act and that are incurred by the Agency in the previous fiscal year with respect to that company.

• Marginal note:Invoicing

  (2) The Agency shall, no later than November 15 in each year, issue to each company an invoice for the amount payable under subsection (1).

• Marginal note:Payment period

  (3) Any amount that is payable under subsection (1) shall be paid no later than the 30th day after the date of the invoice.

• Marginal note:Interest

  (4) If a company fails to pay any amount invoiced within the required period, the company shall pay interest on the outstanding amount at a rate of 1.5% per month, compounded monthly, beginning on the 31st day after the date of the invoice.