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

Marginal note:Public hearings

• 24. (1) Subject to subsection (2), hearings before the Board with respect to the issuance, revocation or suspension of certificates or for leave to abandon the operation of a pipeline shall be public.

• Marginal note:Exception

  (2) A public hearing need not be held where the Board, on the application or with the consent of the holder, revokes or suspends

  • (a) a certificate issued in respect of an international or interprovincial power line, regardless of whether the power line has been brought into commercial operation under that certificate; or

  • (b) a certificate issued in respect of a pipeline, if the pipeline has not been brought into commercial operation under that certificate.

• Marginal note:Other matters

  (3) The Board may hold a public hearing in respect of any other matter if it considers it advisable to do so.

Marginal note:Regulations imposing fees, etc.

• 24.1 (1) Subject to the approval of the Treasury Board, the National Energy Board may, for the purposes of recovering all or a portion of such costs as the National Energy Board determines to be attributable to its responsibilities under this or any other Act of Parliament, make regulations

  • (a) imposing fees, levies or charges on any person or company authorized under this Act to

    • (i) construct or operate a pipeline or an international or interprovincial power line,

    • (ii) charge tolls,

    • (iii) export or import oil or gas, or

    • (iv) export electricity; and

  • (b) providing for the manner of calculating the fees, levies and charges in respect of the person or company and their payment to the National Energy Board.

• Marginal note:Interest on late payments

  (2) A regulation made under subsection (1) may specify the rate of interest or the manner of calculating the rate of interest payable by a person or company on any fee, levy or charge not paid by the person or company on or before the date it is due and the time from which interest is payable.

• Marginal note:Debt due to Her Majesty

  (3) Fees, levies or charges imposed under this section and any interest payable on them constitute a debt to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction.

Marginal note:Proof of documents

25. In any action or other proceedings

• (a) any document purporting to be certified by the Secretary, or by any other person authorized by the Board to certify documents for the purposes of this section, and sealed with the seal of the Board to be a true copy of any minute, decision, licence, certificate, permit, order, instruction, book of reference, book entry, plan, drawing or other document or any part thereof, is, without proof of the signature of the Secretary or other person, evidence of the original document of which it purports to be a copy, and that the document was made, given, issued or deposited at the time stated in the certification, if a time is stated therein, and is signed, certified, attested or executed by the persons by whom and in the manner in which the document purports to be signed, certified, attested or executed as shown or appearing from the certified copy; and

• (b) a document purporting to be certified by the Secretary, or by any other person authorized by the Board to certify documents for the purposes of this section, and sealed with the seal of the Board stating that a valid and subsisting document of authorization has or has not been issued by the Board to a person or persons named in the certified document, is evidence of the facts stated in it, without proof of the signature or official character of the person appearing to have signed the document and without further proof.