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

Marginal note:Orders and regulations

58.33 The Board may make orders or regulations governing

• (a) the design, construction, operation and abandonment of facilities constructed across, on, along or under power lines;

• (b) the measures to be taken by any person in relation to

  • (i) the construction of facilities across, on, along or under power lines,

  • (ii) the construction of power lines across, on, along or under facilities, other than railways, and

  • (iii) excavations within thirty metres of power lines; and

• (c) the circumstances in which or conditions under which leave from the Board under section 58.29 or 58.31 is not necessary.

Marginal note:Abandonment

• 58.34 (1) No person shall, without the leave of the Board, abandon the operation of an international power line or any interprovincial power line designated by an order under section 58.4.

• Marginal note:Leave to abandon

  (2) The Board may, on the application of the holder of a permit or certificate, grant leave to abandon the operation of the line.

Marginal note:Terms and conditions

• 58.35 (1) The Board may, on the issuance of a permit, make the permit subject to such terms and conditions respecting the matters prescribed by the regulations as the Board considers necessary or desirable in the public interest.

• Marginal note:Idem

  (2) The Board may, on the issuance of a certificate, make the certificate subject to such terms and conditions as the Board considers necessary or desirable in the public interest.

Marginal note:Compliance

58.36 Every permit and certificate is subject to the condition that the provisions of this Act and the regulations in force on the date of the issuance of the permit or certificate and as subsequently enacted, made or amended, as well as every order made under the authority of this Act or of the laws of a province that are applicable under section 58.2, will be complied with.

Marginal note:Revocation and suspension

• 58.37 (1) The Board may revoke or suspend a permit or certificate

  • (a) on the application or with the consent of the holder of the permit or certificate; or

  • (b) where a holder of the permit or certificate has contravened or failed to comply with a term or condition of the permit or certificate.

• Marginal note:Notice

  (2) The Board shall not revoke or suspend a permit or certificate under paragraph (1)(b) unless the Board has

  • (a) sent a notice to the holder of the permit or certificate specifying the term or condition that is alleged to have been contravened or not complied with; and

  • (b) given the holder of the permit or certificate a reasonable opportunity to be heard.