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

Marginal note:Transfer of certificates and licences

• 21.1 (1) A transfer of a certificate or licence is not effective until authorized by the Board, with the approval of the Governor in Council.

• Marginal note:Idem

  (2) The Board may, in authorizing the transfer of a certificate or licence, impose, in addition to or in lieu of any terms and conditions to which the certificate or licence was previously subject, such further or other terms and conditions as the Board considers necessary or desirable in order to give effect to the purposes and provisions of this Act.

Marginal note:Transfer of permits

• 21.2 (1) A transfer of a permit is not effective until authorized by the Board.

• Marginal note:Idem

  (2) The Board may, in authorizing the transfer of a permit, impose, in addition to or in lieu of any terms and conditions to which the permit was previously subject, such further or other terms and conditions respecting the matters prescribed by the regulations as the Board considers necessary or desirable in order to give effect to the purposes and provisions of this Act.

Marginal note:Appeal to Federal Court of Appeal

• 22. (1) An appeal lies from a decision or order of the Board to the Federal Court of Appeal on a question of law or of jurisdiction, after leave to appeal is obtained from that Court.

• Marginal note:Application for leave to appeal

  (1.1) An application for leave to appeal must be made within thirty days after the release of the decision or order sought to be appealed from or within such further time as a judge of that Court under special circumstances allows.

• Marginal note:Entry of appeal

  (2) No appeal lies after leave has been obtained under subsection (1) unless it is entered in the Federal Court of Appeal within sixty days from the making of the order granting leave to appeal.

• Marginal note:Board may be heard

  (3) The Board is entitled to be heard by counsel or otherwise on the argument of an appeal.

• Marginal note:Report not decision or order

  (4) For greater certainty, for the purpose of this section, no report submitted by the Board under section 52 or 53 — or under section 29 or 30 of the Canadian Environmental Assessment Act, 2012 — and no part of any such report, is a decision or order of the Board.

Marginal note:Decisions final

• 23. (1) Except as provided in this Act, every decision or order of the Board is final and conclusive.

• Marginal note:Decision or order

  (2) Any minute or other record of the Board or any document issued by the Board, in the form of a decision or order, shall for the purposes of this section be deemed to be a decision or order of the Board.