National Energy Board Act - Part VIII

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 VIII - GENERAL

129. (1) The Board may, with the approval of the Governor in Council, make regulations

(a) respecting the manner in which the accounts of a company shall be kept;

(b) respecting the classes of property for which depreciation charges may properly be included under operating expenses in the accounts and the accounting method or methods that may be used in computing and charging depreciation in respect of each of the classes of property;

(d) requiring

(i) companies that have been authorized under Part III to construct or operate a pipeline,

(ii) persons exporting oil, gas or electricity or importing oil or gas, and

(iii) persons holding a licence under Part VI or VII,

to keep and make available to the Board for inspection by the Board or a person authorized by the Board at a place of business in Canada such records, books of account and other documents in such form as may be prescribed by the regulations and submit to the Board, at such times and in such form as may be so prescribed, returns and information respecting capital, traffic, revenues, expenses and other matters so prescribed and deemed by the Board to be matters that should be considered by it in carrying out its powers and duties under this Act in relation to those companies and persons.

(1.1) The Board may, by order made on such terms and conditions as it considers appropriate, exempt a company or person from the application of a regulation made under subsection (1).

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

130. (1) The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect and may, by those regulations, designate as an oil product or as a gas product any substance resulting from the processing or refining of hydrocarbons or coal if that substance

(a) is asphalt or a lubricant; or

(b) is a suitable source of energy by itself or when it is combined or used in association with something else

(2) The Governor in Council may by regulation exempt any oil or gas or any kind, quality or class thereof or any area or transaction from the operation of all or any of the provisions of this Act.

131. (1) The Board may, with the approval of the Governor in Council, make regulations respecting the security of pipelines and international power lines, including, without limiting the generality of the foregoing, regulations respecting standards, plans and audits relating to the security of pipelines and international power lines.

(2) Every person who contravenes any of the regulations made under subsection (1) 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 five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both.

133. The Board shall within three months after December 31 in each year submit to the Minister a report on the activities of the Board under this Act for that year, and the Minister shall cause the report to be laid before Parliament within fifteen days after the receipt thereof or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting.

RELATED PROVISIONS

"44. A certificate issued under the National Energy Board Act in respect of an international power line before the coming into force of this section shall be deemed to have been issued under section 58.16 of that Act even though no order is made under section 58.15 of that Act in relation to the line.

45. An order made under subsection 58(2) of the National Energy Board Act before the coming into force of section 22 of this Act shall be deemed to be a permit issued under Part III.1 of that Act that is subject to the terms and conditions specified in the order regardless of whether they are in respect of matters prescribed by the regulations made under that Act.

46. Sections 32 to 45 and 48 and Part V, except sections 74, 76 to 78, 114 and 115, of the National Energy Board Act continue to apply in respect of an international power line in respect of which a certificate was issued under that Act or an order made under subsection 58(2) of that Act before the coming into force of section 22 of this Act.

47. A licence issued under the National Energy Board Act in respect of the exportation of electricity before the coming into force of Division II of Part VI of that Act, as enacted by section 34 of this Act, shall be deemed to have been issued under section 119.08 of that Act even though no order is made under section 119.07 of that Act in respect of the exportation of electricity.

48. An order made under section 7 of the National Energy Board Part VI Regulations shall be deemed to be a permit issued under Part VI of the National Energy Board Act that is subject to the terms and conditions specified in the order regardless of whether they are in respect of matters prescribed by the regulations made under that Act."

"3. Notwithstanding subsections 3(5) and 7(1) of the National Energy Board Act, as they read on the day on which this Act is assented to, a member may change residence, and the Board may move its head office, for the purpose of being in compliance with those subsections on the coming into force of sections 1 and 2 of this Act."

AMENDMENT NOT IN FORCE

8. Subsections .1(2) and (3) are repealed and the following substituted therefor:

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