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

Marginal note:Exceptions

• 58.3 (1) No approval under the Navigable Waters Protection Act is required for the construction of any work if leave for its construction is first obtained under section 58.29.

• Marginal note:Exemptions

  (2) The Minister of Transport may provide that leave under section 58.29 is not necessary if the power line is constructed across, on, along or under a navigable water or a railway, as the case may be, in accordance with the orders, regulations, plans and specifications made, adopted or approved by the Minister for those purposes.

Marginal note:Other facilities crossing power lines

• 58.31 (1) Subject to section 58.33, no person shall, unless leave is first obtained from the Board, construct a facility across, on, along or under an international or interprovincial power line or excavate using power-operated equipment or explosives within thirty metres of such a line.

• Marginal note:Use of vehicles and mobile equipment

  (2) Subject to section 58.33, no person shall operate a vehicle or mobile equipment across an international or interprovincial power line unless leave is first obtained from the holder of the permit or certificate issued in respect of the line or the vehicle or mobile equipment is operated within the travelled portion of a highway or public road.

• Marginal note:Terms and conditions

  (3) The Board may, on granting an application for leave under this section, impose such terms and conditions as it considers proper.

• Marginal note:Directions

  (4) The Board may direct the owner of a facility constructed across, on, along or under a power line in contravention of this Act or the Board’s orders or regulations to do such things as the Board considers necessary for the safety or security of the power line and may, if the Board considers that the facility may impair the safety or security of the operation of the power line, direct the owner to reconstruct, alter or remove the facility.

Marginal note:Diversions and relocations

• 58.32 (1) The Board may, on such terms and conditions as it considers proper, direct the holder of a permit or certificate issued in respect of an international or interprovincial power line to divert or relocate the power line if the Board is of the opinion that the diversion or relocation is necessary to facilitate the construction, reconstruction or relocation of a facility.

• Marginal note:Costs of diversion or relocation

  (2) The Board may direct by whom and to whom the costs of the diversion or relocation shall be paid.

• Marginal note:Procedures

  (3) The Board shall not make a direction under subsection (1) unless the procedures set out in sections 34 to 38 have been complied with in respect of the section or part to be diverted or relocated.

• Marginal note:Idem

  (4) The Board may order the holder of a permit or certificate issued in respect of an international or interprovincial power line to carry out such of the procedures set out in sections 34 to 38 as the holder would be required to carry out if the holder had prepared and submitted to the Board a plan, profile and book of reference pursuant to subsection 33(1).

• Marginal note:Application of certain provisions

  (5) Sections 34 to 38 apply in respect of any matter related to the carrying out of the procedures set out in those sections as if each reference in those sections to

  • (a) a “company” were a reference to the holder of the permit or certificate issued in respect of the international or interprovincial power line; and

  • (b) a “pipeline” were a reference to the international or interprovincial power line.

• Marginal note:Costs of representations to Board

  (6) The Board may fix such amount as it considers reasonable in respect of the actual costs reasonably incurred by any person who made representations to the Board under this section and may direct by whom and to whom the amount so fixed shall be paid.