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

Marginal note:Leave to open line

• 47. (1) No pipeline and no section of a pipeline shall be opened for the transmission of hydrocarbons or any other commodity by a company until leave to do so has been obtained from the Board.

• Marginal note:Grant of leave

  (2) Leave may be granted by the Board under this section if the Board is satisfied that the pipeline may safely be opened for transmission.

Marginal note:Safety and security

• 48. (1) To promote the safety and security of operation of a pipeline, the Board may order a company to repair, reconstruct or alter part of the pipeline, and may direct that, until the work is done, that part of the pipeline not be used or be used in accordance with such terms and conditions as the Board may specify.

• Marginal note:Other measures

  (1.1) The Board may order a company to take measures that the Board considers necessary for the safety and security of a pipeline.

• Marginal note:Regulations as to safety and security

  (2) The Board may, with the approval of the Governor in Council, make regulations governing the design, construction, operation and abandonment of a pipeline and providing for the protection of property and the environment and the safety and security of the public and of the company’s employees in the construction, operation and abandonment of a pipeline.

• Marginal note:Exempting orders respecting companies

  (2.1) The Board may make orders exempting companies from any or all of the provisions of the regulations made under subsection (2).

• Marginal note:Terms and conditions

  (2.2) In any order made under subsection (2.1), the Board may impose such terms and conditions as it considers proper.

• Marginal note:Offence

  (3) Every person who contravenes an order made under subsection (1) or (1.1) or a regulation made under subsection (2) is guilty of an offence and liable

  • (a) on summary conviction, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding one year or to both; or

  • (b) on conviction on indictment, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years or to both.

• Marginal note:Application of subsections 121(2) to (5)

  (4) Subsections 121(2) to (5) apply, with any modifications that the circumstances require, to an offence referred to in subsection (3).

Marginal note:Designation of inspection officers

• 49. (1) The Board may designate any person as an inspection officer for the purpose of ensuring

  • (a) the safety and security of the public and of a company’s employees;

  • (b) the protection of property and the environment;

  • (b.1) the safety and security of pipelines;

  • (c) compliance with this Part, any regulations made under section 48 and any orders and certificates issued by the Board under this Part; and

  • (d) compliance with section 112 and any orders and regulations made under that section.

• Marginal note:Powers of officers

  (2) For the purpose described in subsection (1), an inspection officer may at any reasonable time

  • (a) have access to and inspect

    • (i) any lands or pipeline, including a pipeline that is under construction or has been abandoned,

    • (ii) any excavation activity extending within thirty metres of the pipeline, and

    • (iii) any facility being constructed across, on, along or under the pipeline;

  • (b) direct a company or person conducting an excavation activity or constructing a facility described in paragraph (a) to perform any tests that the inspection officer considers necessary for an inspection; and

  • (c) examine and make copies of any information contained in any books, records or documents, or in any computer systems, that the inspector believes on reasonable grounds contain any information relating to the design, construction, operation, maintenance or abandonment of a pipeline.