National Energy Board Act - Part III - Construction and operation of pipelines

WARNING NOTE: Users of this office consolidation are reminded that it is prepared for convenience of reference only and that, as such, it has no official sanction.

PART III - CONSTRUCTION AND OPERATION OF PIPELINES

(2) Nothing in this section shall be construed to prohibit or prevent any person from operating or improving a pipeline constructed before October 1, 1953, but every such pipeline shall be operated in accordance with this Act.

(a) a liquidator, receiver or manager of the property of a company, appointed by a court of competent jurisdiction to carry on the business of the company,

(b) a trustee for the holders of bonds, debentures, debenture stock or other evidence of indebtedness of the company, issued under a trust deed or other instrument and secured on or against the property of the company, if the trustee is authorized by the trust deed or other instrument to carry on the business of the company, and

(i) operating a pipeline constructed before October 1, 1953, or

(ii) constructing or operating a pipeline exempted from subsection (1) by an order of the Board made under subsection 58(1),

R.S., 1985, c. N-6, s. 25; 1974-75-76, c. 33, s. 265; 1980-81-82-83, c. 116, s. 8.

(a) there is a certificate in force with respect to that pipeline; and

(b) leave has been given under this Part to the company to open the pipeline

(2) No company shall operate a pipeline otherwise than in accordance with the terms and conditions of the certificate issued with respect thereto.

31. Except as otherwise provided in this Act, no company shall begin the construction of a section or part of a pipeline unless

(a) the Board has by the issue of a certificate granted the company leave to construct the line;

(b) the company has complied with all applicable terms and conditions to which the certificate is subject;

(c) the plan, profile and book of reference of the section or part of the proposed line have been approved by the Board; and

(d) copies of the plan, profile and book of reference so approved, duly certified as such by the Secretary, have been deposited in the offices of the registrars of deeds for the districts or counties through which the section or part of the pipeline is to pass.

32. (1) On an application for a certificate, the company shall file with the Board a map in such detail as the Board may require showing the general location of the proposed line and such plans, specifications and information as the Board may require.

(2) The company shall file a copy of the application and of the map referred to in subsection (1) with the attorney general of each province to which the application relates in whole or in part, and the Board shall require notice of the application to be given by publication in newspapers or otherwise.

33. (1) When the Board has issued a certificate, the company shall prepare and submit to the Board a plan, profile and book of reference of the pipeline.

(2) The plan and profile shall be drawn with such detail as the Board may require.

(3) The book of reference shall describe the portion of land proposed to be taken in each parcel of land to be traversed, giving the numbers of the parcels, and the area, length and width of the portion of each parcel to be taken, and the names of the owners and occupiers in so far as they can be ascertained.

(4) The plan, profile and book of reference shall be prepared to the satisfaction of the Board, and the Board may require the company to furnish any further or other information that the Board considers necessary.

34. (1) Where a company has prepared and submitted to the Board a plan, profile and book of reference pursuant to subsection 33(1), the company shall, in a manner and in a form to be determined by the Board,

(a) serve a notice on all owners of lands proposed to be acquired, in so far as they can be ascertained; and

(b) publish a notice in at least one issue of a publication, if any, in general circulation within the area in which the lands are situated

(2) The notices mentioned in subsection (1) shall describe the proposed detailed route of the pipeline, the location of the offices of the Board and the right of the owner and of persons referred to in subsection (4) to make, within the time referred to in subsection (3) or (4), as the case may be, representations to the Board respecting the detailed route of the pipeline.

(3) Where an owner of lands who has been served with a notice pursuant to subsection (1) wishes to oppose the proposed detailed route of a pipeline, the owner may, within thirty days of being served, file with the Board a written statement setting out the nature of the owner's interest in the proposed detailed route and the grounds for his opposition to that route.

(4) A person who anticipates that their lands may be adversely affected by the proposed detailed route of a pipeline, other than an owner of lands referred to in subsection (3), may oppose the proposed detailed route by filing with the Board within thirty days following the last publication of the notice referred to in subsection (1) a written statement setting out the nature of that person's interest and the grounds for the opposition to the proposed detailed route of the pipeline.

35. (1) Where a written statement is filed with the Board pursuant to subsection 34(3) or (4) within the time limited for doing so under that subsection, the Board shall forthwith order that a public hearing be conducted within the area in which the lands to which the statement relates are situated with respect to any grounds of opposition set out in any such statement.

(2) The Board shall fix a suitable time and place for the public hearing referred to in subsection (1) and cause notice of the time and place so fixed to be given by publishing it in at least one issue of a publication, if any, in general circulation within the area in which the lands proposed to be acquired are situated and by sending it to each person who filed a written statement with the Board pursuant to subsection 34(3) or (4).

(3) At the time and place fixed for the public hearing pursuant to subsection (2), the Board shall hold a public hearing and shall permit each person who filed a written statement with the Board pursuant to subsection 34(3) or (4) to make representations and may allow any other interested person to make such representations before it as the Board deems proper.

(4) The Board or a person authorized by the Board may make such inspection of lands proposed to be acquired for or affected by the pipeline construction as the Board deems necessary.

(5) The Board is not required to give any notice, hold any hearing or take any other action pursuant to this section with respect to any written statement filed with the Board pursuant to subsection 34(3) or (4) and may at any time disregard any such written statement, if

(a) the person who filed the statement files a notice of withdrawal thereof with the Board; or

(b) it appears to the Board that the statement is frivolous or vexatious or is not made in good faith.

36. (1) Subject to subsections (2) and 35(5), the Board shall not give approval to a plan, profile and book of reference unless the Board has taken into account all written statements filed with it pursuant to subsection 34(3) or (4) and all representations made to it at a public hearing in order to determine the best possible detailed route of the pipeline and the most appropriate methods and timing of constructing the pipeline.

(2) The Board may approve a plan, profile and book of reference in respect of any section or part of a pipeline where no written statement under subsection 34(3) or (4) has been filed with the Board in respect of that section or part.

37. In any approval referred to in section 36, the Board may impose such terms and conditions as it considers proper.

38. Where the Board has held a public hearing under subsection 35(3) in respect of any section or part of a pipeline and approved or refused to approve a plan, profile and book of reference respecting that section or part, it shall forthwith forward a copy of its decision and the reasons therefor to the Minister and to each person who made representations to the Board at the public hearing.

39. The Board may fix such amount as it deems reasonable in respect of the actual costs reasonably incurred by any person who made representations to the Board at a public hearing under subsection 35(3) and the amount so fixed shall be payable forthwith to that person by the company whose pipeline route is affected by the public hearing.

40. The Board shall not, by the issue of a certificate or by approving a plan, profile and book of reference, be deemed to have relieved the company from otherwise complying with this Act.

41. (1) Where any omission, misstatement or error is made in a registered plan, profile or book of reference, the company shall apply to the Board for a permit to correct the omission, misstatement or error.

(2) The Board may in its discretion issue a permit setting out the nature of the omission, mis-statement or error referred to in subsection (1) and the correction allowed.

(3) On the deposit of copies of the permit issued under subsection (2), certified as such by the Secretary, in the offices of the registrars of deeds of the districts or counties in which the lands affected are situated, the plan, profile or book of reference shall be taken to be corrected in accordance therewith, and the company may, thereupon, subject to this Act, construct its pipeline in accordance with the correction.

42. A pipeline may be made, carried or placed across, on or under the lands of a person on the located line, although, through error or any other cause, the name of that person has not been entered in the book of reference, or although some other person is erroneously mentioned as the owner or holder of an interest or right in the lands.

43. (1) Every registrar of deeds shall receive and preserve in his office all plans, profiles, books of reference, certified copies thereof and other documents, required by this Act to be deposited with the registrar, and shall endorse thereon the day, hour and minute when they were so deposited.

(2) Any person may inspect the plans, profiles, books of reference, copies and documents deposited under subsection (1) and may make extracts therefrom and copies thereof as occasion requires.

(3) A registrar of deeds shall, at the request of any person, certify copies of any plan, profile, book of reference, certified copy thereof or other document deposited in the registrar's office under this Act, or of such portions thereof as may be required, on being paid therefor at the rate of twenty cents for each hundred words copied, and such additional sum for any copy of plan or profile furnished by the registrar as is reasonable and customary in like cases, together with one dollar for each certification given by the registrar.

(4) The certification of the registrar of deeds shall set out that the plan, profile or document referred to in subsection (3), a copy of which, or any portion of which, is certified by the registrar, is deposited in the registrar's office, and shall state the time when it was deposited, that the registrar has carefully compared the copy certified with the document on file and that it is a true copy of the original.

(5) A certified copy referred to in subsection (4) is evidence of the original deposited and is evidence that the original was deposited at the time stated and certified, and that it was signed, certified, attested or otherwise executed by the persons by whom and in the manner in which the original purports to be signed, certified, attested or executed, as shown or appearing by the certified copy, and, in the case of a plan, that the plan is prepared according to a scale and in a manner and form sanctioned by the Board.

44. In addition to the plans, profiles and books of reference elsewhere provided for in this Act, a company shall, with all reasonable expedition, prepare and deposit with the Board such further or other material, including plans, specifications and drawings with respect to any portion of its pipeline or works, as the Board may from time to time order or require.

45. (1) When a deviation, change or alteration is required by a company to be made in its pipeline, or any portion of that pipeline, as already constructed or as merely located and approved, a plan, profile and book of reference of the portion of the pipeline proposed to be changed, showing the deviation, change or alteration proposed to be made, shall be submitted for the approval of the Board.

(2) When the plan, profile and book of reference, submitted pursuant to subsection (1), of the portion of the pipeline proposed to be changed have been approved by the Board, and copies thereof have been deposited as provided in this Act with respect to the original plan, profile and book of reference, the company may make the deviation, change or alteration, and all the provisions of this Act are applicable to the portion of the pipeline, at any time so changed or proposed to be changed, in the same manner as they are applicable to the original pipeline.

(3) The Board may exempt a company from all or any of the provisions of this section where the deviation, change or alteration was made or is to be made for the purpose of benefiting a pipeline, or for any other purpose of public advantage, as may seem to the Board expedient, but the deviation, change or alteration shall not exceed such distance as the Board requires from the centre line of the pipeline, located or constructed in accordance with the plans, profiles and books of reference approved by the Board under this Act.

46. (1) The Board may, on such terms and conditions as it considers proper, direct a company to divert or relocate its pipeline if the Board is of the opinion that the diversion or relocation is necessary

(a) to facilitate the construction, reconstruction or relocation of a highway or a railway or any other work affecting a public interest; or

(b) to prevent or remove an interference with a drainage system

(2) The Board may direct by whom and to whom the costs of the diversion or relocation referred to in subsection (1) shall be paid.

(3) The Board shall not direct a company to divert or relocate any section or part of its pipeline 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.

(4) For the purposes of ensuring that the procedures set out in sections 34 to 38 are complied with, the Board may order the company to carry out such of those procedures as the company would be required to carry out if the company had prepared and submitted to the Board a plan, profile and book of reference pursuant to subsection 33(1) and those sections shall apply, with such modifications as the circumstances require, in respect of any matter related to the carrying out of those procedures.

(5) The Board may fix such amount as it deems 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.

R.S., 1985, c. N-6, s. 37; R.S., c. 27(1^st Supp.), s. 10; 1980-81-82-83, c. 80, s. 4.

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.

(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.

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.

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

(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.

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

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

(3) Every person who contravenes a regulation made under subsection (2) is guilty of an offence punishable on summary conviction.

R.S., 1985, c. N-7, s. 48; 1990, c. 7, s. 17; 1994, c. 10, s. 24; 2005, c. 15, s. 84.

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

(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.

R.S., 1985, c. N-7, s. 49; 1990, c. 7, s. 18; 1994, c. 10, s. 25; 2005, c. 15, s. 85.

50. The Board shall provide every inspection officer with a certificate of authority and, when carrying out duties under this Part, the inspection officer shall show the certificate to any person who asks to see it.

51. Any officer or employee, or agent or mandatary, of a company and any person conducting an excavation activity or constructing a facility described in paragraph 49(2)(a) shall give an inspection officer all reasonable assistance to enable the officer to carry out duties under this Part.

R.S., 1985, c. N-7, s. 51; 1990, c. 7, s. 18; 1994, c. 10, s. 25; 2005, c. 15, s. 86.

51.1 (1) An inspection officer who is expressly authorized by the Board to make orders under this section may make an order if the inspection officer has reasonable grounds to believe that a hazard to the safety or security of the public or of employees of a company or a detriment to property or the environment is being or will be caused by

(a) the construction, operation, maintenance or abandonment of a pipeline, or any part of a pipeline; or

(b) an excavation activity or the construction of a facility described in paragraph 49(2)(a)

(a) work associated with the pipeline, excavation activity or facility to be suspended until

(i) the hazardous or detrimental situation has been remedied to the satisfaction of an inspection officer, or

(ii) the order is stayed or rescinded under section 51.2; and

(b) the company or any person involved in the pipeline, the excavation activity or the construction of the facility to take any measure specified in the order to ensure the safety or security of the public or of employees of the company or to protect property or the environment.

(3) An inspection officer who makes an order under this section shall, as soon as possible,

(a) give written notice of the order to the persons to whom it is directed, including the terms of the order and a statement of the reasons for the order; and

(b) report the circumstances and terms of the order to the Board.

51.2 (1) A person to whom an order under section 51.1 is directed may request in writing that the Board review the order.

(2) A request for review does not operate as a stay of the order, but the Board may grant a stay pending the review.

(a) review the circumstances and terms of an order that it is requested to review;

(b) confirm, vary or rescind the order; and

51.3 No inspection officer shall disclose to any person any information regarding any secret process or trade secret obtained while performing duties under this Part, except for the purposes of this Part or as required by law.

51.4 (1) Every person who contravenes section 51 or fails to comply with an order under section 51.1 is guilty of an offence and is 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

(2) No person shall be found guilty of an offence for failing to comply with an order under section 51.1 unless the person was given written notice of the order in accordance with paragraph 51.1(3)(a).

(3) Subsections 121(2) to (5) apply, with such modifications as the circumstances require, in respect of an offence under this section.

52. The Board may, subject to the approval of the Governor in Council, issue a certificate in respect of a pipeline if the Board is satisfied that the pipeline is and will be required by the present and future public convenience and necessity and, in considering an application for a certificate, the Board shall have regard to all considerations that appear to it to be relevant, and may have regard to the following:

(a) the availability of oil, gas or any other commodity to the pipeline;

(b) the existence of markets, actual or potential;

(d) the financial responsibility and financial structure of the applicant, the methods of financing the pipeline and the extent to which Canadians will have an opportunity of participating in the financing, engineering and construction of the pipeline; and

(e) any public interest that in the Board's opinion may be affected by the granting or the refusing of the application.

53. On an application for a certificate, the Board shall consider the objections of any interested person, and the decision of the Board as to whether a person is or is not an interested person for the purpose of this section is conclusive.

54. (1) The Board may issue a certificate subject to such terms and conditions as the Board considers necessary or desirable in the public interest.

56. (1) Subject to subsection (2), the Board may, by order, with the approval of the Governor in Council, revoke or suspend a certificate if any term or condition thereof has not been complied with or has been contravened.

(2) No order shall be made under subsection (1) unless notice of the alleged non-compliance or contravention has been given to the holder of the certificate and the Board has afforded the holder an opportunity of being heard.

(3) Notwithstanding subsections (1) and (2), the Board may, by order, revoke or suspend a certificate on the application or with the consent of the holder thereof.

57. Every certificate is subject to the condition that the provisions of this Act and the regulations in force at the date of issue of the certificate and as subsequently enacted, made or amended, as well as every order made under the authority of this Act, will be complied with.

(a) pipelines or branches of or extensions to pipelines, not exceeding in any case forty kilometres in length, and

(b)any tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, telegraph or radio, and real and personal property, or immovable and movable, and works connected to them, that the Board considers proper,

(3) In any order made under this section the Board may impose such terms and conditions as it considers proper.

PART III.1 - CONSTRUCTION AND OPERATION OF POWER LINES

58.1 No person shall construct or operate a section or part of an international power line except under and in accordance with a permit issued under section 58.11 or a certificate issued under section 58.16.

58.11 (1) Except in the case of an international power line designated by order of the Governor in Council under section 58.15 or in respect of which an election is made under section 58.23, the Board shall, on application to it and without holding a public hearing, issue a permit authorizing the construction and operation of an international power line.

(2) The application must be accompanied by the information that under the regulations is to be furnished in connection with the application.

58.12 (1) The applicant shall publish a notice of the application in the Canada Gazette and such other publications as the Board considers appropriate.

(2) The Board may waive the requirement to publish a notice referred to in subsection (1) if the Board considers that there is a critical shortage of electricity caused by terrorist activity within the meaning of subsection 83.01(1) of the Criminal Code.

58.13 The Board may, within a reasonable time after the publication of the notice, require the applicant to furnish such information, in addition to that required to accompany the application, as the Board considers necessary to determine whether to make a recommendation pursuant to section 58.14.

58.14 (1) The Board may make a recommendation to the Minister, which it shall make public, that an international power line be designated by order of the Governor in Council under section 58.15, and may delay issuing a permit during such period as is necessary for the purpose of making such an order.

(2) In determining whether to make a recommendation, the Board shall seek to avoid the duplication of measures taken in respect of the international power line by the applicant and the government of any province through which the line is to pass, and shall have regard to all considerations that appear to it to be relevant, including

(a) the effect of the power line on provinces other than those through which the line is to pass;

(b) the impact of the construction or operation of the power line on the environment; and

(a) designating an international power line as an international power line that is to be constructed and operated under and in accordance with a certificate issued under section 58.16; and

(b) revoking any permit issued in respect of the line

(2) No order may be made under subsection (1) in respect of a line more than forty-five days after the issuance of a permit in respect of the line.

(a) no permit shall be issued in respect of the line; and

(b) any application in respect of the line shall be dealt with as an application for a certificate.

58.16 (1) The Board may, subject to section 24 and to the approval of the Governor in Council, issue a certificate in respect of

(a) an international power line in relation to which an order made under section 58.15 is in force,

(b) an international power line in relation to which an election is filed under section 58.23, or

if the Board is satisfied that the line is and will be required by the present and future public convenience and necessity.

(2) In deciding whether to issue a certificate, the Board shall have regard to all considerations that appear to it to be relevant.

(3) Any permit issued in respect of an international power line in relation to which an order made under section 58.15 is in force and that is not revoked by the order is revoked on the Board's deciding not to issue a certificate in respect of the line.

58.17 The lieutenant governor in council of a province may designate as the provincial regulatory agency the lieutenant governor in council of the province, a provincial minister of the Crown or any other person or a board, commission or other tribunal.

58.18 Sections 58.2 and 58.21 apply only in respect of those portions of international power lines that are within a province in which a provincial regulatory agency is designated under section 58.17 but do not apply in the case of international power lines in respect of which an election is filed under section 58.23.

58.19 For the purposes of sections 58.2, 58.21 and 58.22, a law of a province is in relation to lines for the transmission of electricity from a place in the province to another place in the province if the law is in relation to any of the following matters:

(a) the determination of their location or detailed route;

(b) the acquisition of land required for the purposes of those lines, including its acquisition by expropriation, the power to so acquire land and the procedure for so acquiring it;

(d) the protection of the environment against, and the mitigation of the effects on the environment of, those lines; or

(e) their construction and operation and the procedure to be followed in abandoning their operation.

58.2 The laws from time to time in force in a province in relation to lines for the transmission of electricity from a place in the province to another place in that province apply in respect of those portions of international power lines that are within that province.

58.21 A provincial regulatory agency designated under section 58.17 has, in respect of those portions of international power lines that are within that province, the powers and duties that it has under the laws of the province in respect of lines for the transmission of electricity from a place in the province to another place in that province, including a power or duty to refuse to approve any matter or thing for which the approval of the agency is required, even though the result of the refusal is that the line cannot be constructed or operated.

58.22 Terms and conditions of permits and certificates and Acts of Parliament of general application are, for the purpose of applying the laws of a province under section 58.2 or 58.21, paramount to those laws.

58.23 The applicant for or holder of a permit or certificate may file with the Board in the form prescribed by the regulations an election that the provisions of this Act referred to in section 58.27 and not the laws of a province described in section 58.19 apply in respect of the existing or proposed international power line.

(a) international power lines in respect of which an election is filed under section 58.23;

(b) those portions of international power lines that are within a province in which no provincial regulatory agency is designated under section 58.17; and

(a) no permit shall be issued in respect of the line;

(b) any application in respect of the line shall be dealt with as an application for a certificate; and

(2) An applicant for or holder of a permit or certificate who files an election under section 58.23 and who, at the time of the election, is proceeding under the laws of a province to acquire land for the purpose of constructing or operating the international power line is liable to each person who has an interest in the land or, in the Province of Quebec, a right in the land, for all damages suffered and reasonable costs incurred in consequence of the abandonment of the acquisition.

(3) An action for damages and costs referred to in subsection (2) may be brought in any court of competent jurisdiction in the province in which the land is situated.

58.26 No person shall begin the construction of a section or part of an international or interprovincial power line until

(a) the plan, profile and book of reference of the section or part are approved by the Board; and

(b) copies of the plan, profile and book of reference so approved, duly certified as such by the Secretary, are deposited in the offices of the registrars of deeds for the districts or counties through which the section or part is to pass.

58.27 Sections 32 to 45 and 48 and Part V, except sections 74, 76 to 78, 114 and 115, apply in respect of international and interprovincial power lines as if each reference in any of these provisions to

(a) a "company" were a reference to the applicant for or holder of the certificate issued in respect of the line;

(b) a "pipeline" or "line" were a reference to the international or interprovincial power line; and

(a) international power lines in respect of which an election is filed under section 58.23;

(b) those portions of international power lines that are within a province in which no provincial regulatory agency is designated under section 58.17;

(d) in the case of section 58.29, an international power line that is to be constructed across, on, along or under a navigable water; and

(e) interprovincial power lines in respect of which an order made under section 58.4 is in force.

58.29 (1) Subject to section 58.33, no person shall, unless leave is first obtained from the appropriate authority, construct an international or interprovincial power line across, on, along or under a navigable water or a facility.

(2) On an application for leave under this section, the holder of the permit or certificate issued in respect of the line shall submit to the appropriate authority such plans and profiles and other information as the appropriate authority may require.

(3) The appropriate authority may, by order, grant the application in whole or in part and on such terms and conditions as the appropriate authority considers proper.

(4) The appropriate authority may grant leave under this section after construction of the proposed work has commenced if the appropriate authority is satisfied that the work was urgently required and, prior to the commencement of construction, the appropriate authority was notified of the intention of the holder of the permit or certificate issued in respect of the line to proceed with the proposed work.

(a) with respect to a navigable water, the Minister of Transport, and;

(b) [Repealed, 1996, c. 10, s. 239]

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.

(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 or Agency for those purposes.

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.

(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.

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

(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.

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.

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

(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.

(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).

(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

(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.

(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.

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.

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

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.

(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.

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.

(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

(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.

58.38 (1) Sections 76 to 78 and 114 apply in respect of international power lines and of interprovincial power lines in respect of which an order made under section 58.4 is in force as they apply in respect of pipelines.

(2) The provisions of this Act referred to in subsection (1) apply in respect of an international power line as if each reference in those provisions to

(a) a "company" were a reference to the holder of the permit or certificate issued in respect of the line; and

(b) a "pipeline" were a reference to the international or interprovincial power line.

58.39 The Governor in Council may make regulations for carrying into effect the purposes and provisions of this Part, including regulations

(a) prescribing matters in respect of which terms and conditions of permits may be imposed;

(b) respecting the information to be furnished in connection with applications for permits;

(c) specifying considerations to which the Board shall have regard in deciding whether to recommend to the Minister that an international power line be designated by order of the Governor in Council under section 58.15; and

(d) prescribing the form of elections filed under section 58.23.

(a) designating an interprovincial power line as an interprovincial power line that is to be constructed and operated under and in accordance with a certificate issued under section 58.16; or

(b) specifying considerations to which the Board shall have regard in deciding whether to issue such a certificate

(2) No person shall construct or operate any section or part of an interprovincial power line in respect of which an order made under subsection (1) is in force except under and in accordance with a certificate issued under section 58.16.