Marginal note:Application of subsections 6(2) and (2.1) and 11(4) and section 16

101. Subsections 6(2) and (2.1) of the other Act, as enacted by subsection 71(2), subsection 11(4) of the other Act, as enacted by section 74, and section 16 of the other Act, as amended by section 77, also apply in respect of proceedings that were before the Board immediately before the commencement day and that continue after that day.

Marginal note:Section 52 application — no agreement

102. If an application for a certificate under section 52 of the other Act was before the Board immediately before the commencement day and no final decision in respect of the application had been made before that day and no agreement had been entered into with the Board under section 40 of the Canadian Environmental Assessment Act before that day in respect of the pipeline to which the application relates, sections 52 to 55.2 of the other Act, as enacted by section 83, apply in respect of the application, as though the application had been made on that day.

Marginal note:Section 52 application — substitution

103. If an application for a certificate under section 52 of the other Act was before the Board immediately before the commencement day and no final decision in respect of the application had been made before that day and, before that day, the Board’s process for assessing environmental effects had been approved as a substitute under subsection 43(1) of the Canadian Environmental Assessment Act, sections 52 to 55.2 of the other Act, as enacted by section 83, apply in respect of the application, as though the application had been made on that day.

Marginal note:Section 52 application — review panel

• 104. (1) Subsections (2) to (9) apply in respect of an application for a certificate under section 52 of the other Act if

  • (a) the application was made before the commencement day;

  • (b) a review panel had been jointly established before that day under an agreement entered into under subsection 40(2) of the Canadian Environmental Assessment Act in relation to the pipeline to which the application relates; and

  • (c) no final decision in respect of the application had been made before that day.

• Marginal note:Sections 52 to 55.2

  (2) Subject to subsection (3) and (5) to (9), sections 52 to 55.2 of the other Act, as enacted by section 83, apply in respect of the application, as though it had been made on the commencement day.

• Marginal note:Subsection 52(3)

  (3) Unless subsection (8) or (9) applies, the reference in subsection 52(3) of the other Act, as enacted by section 83, to the Board is to be read as a reference to the review panel.

• Marginal note:Canadian Environmental Assessment Act, 2012

  (4) For the purposes of the environmental assessment under the Canadian Environmental Assessment Act, 2012 of the designated project to which the application relates,

  • (a) sections 47 and 48 of that Act are to be read as follows:

    Marginal note:Governor in Council’s decision

    • 47. (1) The Governor in Council, after taking into account the review panel’s report with respect to the environmental assessment, must make decisions under subsection 52(1).

    • Marginal note:Studies and collection of information

      (2) Before making decisions referred to in subsection 52(1), the Governor in Council may, by order, direct the National Energy Board to require the proponent of the designated project to collect any information or undertake any studies that, in the Governor in Council’s opinion, are necessary for the Governor in Council to make decisions.

    • Marginal note:Publication

      (3) A copy of the order must be published in the Canada Gazette within 15 days after it is made.

    Marginal note:Excluded periods

    • 48. (1) If the review panel under subsection 44(2) requires the proponent of the designated project to collect information or undertake a study with respect to the designated project and the review panel, with the approval of the Chairperson of the National Energy Board, states publicly that this subsection applies, the period that is taken by the proponent, in the opinion of the review panel, to comply with the requirement under subsection 44(2) is not included in the calculation of the period referred to in paragraph 38(3)(b) that is established under subsection 126(4).

    • Marginal note:Excluded periods

      (2) If the National Energy Board, acting under an order made under subsection 47(2), requires a proponent of the designated project to collect information or undertake a study with respect to the designated project, the period that is taken by the proponent, in the opinion of the National Energy Board, to comply with the requirement is not included in the calculation of the period referred to in paragraph 38(3)(c) that is established under subsection 126(4).

  • (b) section 54 of that Act is to be read as follows:

    Marginal note:Decision statement

    • 54. (1) The National Energy Board must issue a decision statement to the proponent of a designated project that

      • (a) informs the proponent of the designated project of the decisions made under paragraphs 52(1)(a) and (b), and under subsection 52(4), if that subsection applies, in relation to the designated project; and

      • (b) includes any conditions that are established under section 53 in relation to the designated project and that must be complied with by the proponent.

    • Marginal note:Extension of time limit

      (2) The Governor in Council may extend the time limits established under subsection 126(4) by any further period.

    • Marginal note:Public notice of extension

      (3) The National Energy Board must make public any extension granted under subsection (2).

    • Marginal note:Excluded period

      (4) If the National Energy Board, acting under an order made under subsection 47(2), requires a proponent of the designated project to collect information or undertake a study with respect to the designated project, the period that is taken by the proponent, in the opinion of the National Energy Board, to comply with the requirement is not included in the calculation of the period referred to in subsection 126(2) that is established under subsection 126(4).

• Marginal note:Time limit

  (5) The time limit established under subsection 126(4) of the Canadian Environmental Assessment Act, 2012 for the submission of the review panel’s report with respect to the environmental assessment of the designated project to which the application relates is to be considered, despite the period of 15 months referred to in subsection 52(4) of the other Act, as enacted by section 83, to be the time limit specified by the Chairperson under that subsection 52(4).

• Marginal note:Extension

  (6) If a time limit is extended under subsection 52(7) of the other Act, as enacted by section 83, the same extension is considered to have been made under subsection 54(2) of the Canadian Environmental Assessment Act, 2012, as that subsection reads by reason of paragraph (4)(b).

• Marginal note:Extension

  (7) If a time limit is extended under subsection 54(4) of the Canadian Environmental Assessment Act, 2012, as that subsection reads by reason of paragraph (4)(b), the same extension is considered to have been made under subsection 52(7) of the other Act, as enacted by section 83.

• Marginal note:Exercise of Chairperson’s powers

  (8) If a time limit is considered by virtue of subsection (5) to have been specified by the Chairperson under subsection 52(4) of the other Act, as enacted by section 83, and the Minister of the Environment and the Chairperson are of the opinion that the time limit is not likely to be met, the Chairperson may exercise any of the Chairperson’s powers under subsection 6(2.2) of the other Act, as enacted by subsection 71(2). If any of those powers are exercised,

  • (a) for greater certainty, subsections 6(2.3) to (2.5), as enacted by that subsection 71(2), apply; and

  • (b) the Minister of the Environment is considered to have terminated, under subsection 49(2) of the Canadian Environmental Assessment Act, 2012, the review panel’s environmental assessment of the designated project to which the application relates.

• Marginal note:Exercise of Minister’s powers

  (9) If the review panel’s environmental assessment of the designated project to which the application relates is terminated by the Minister of the Environment under subsection 49(1) or (2) of the Canadian Environmental Assessment Act, 2012, or is considered to have been terminated under subsection (8),

  • (a) despite section 50 of that Act, the Board shall complete the environmental assessment of the designated project and prepare a report with respect to the environmental assessment; and

  • (b) section 51 of that Act is to be read as follows in respect of that designated project:

    Marginal note:Governor in Council’s decision

    51. The Governor in Council, after taking into account the report with respect to the environmental assessment of the designated project, must make decisions under subsection 52(1).

Marginal note:Application before Board — section 58

105. Subsections 58(4) to (11) of the other Act, as enacted by section 84, apply in respect of each application for an order under section 58 of the other Act that was before the Board immediately before the commencement day and in respect of which no final decision had been made before that day, as though the application had been made on that day.

Marginal note:Application before Board — section 58.16

106. Subsections 58.16(4) to (13) of the other Act, as enacted by subsection 85(2), apply in respect of each application to which subsection 58.16(1) of the other Act applies that was before the Board immediately before the commencement day and in respect of which no final decision had been made before that day, as though the application had been made on that day.

Marginal note:Time limit

• 107. (1) Within 14 days after the commencement day, in respect of each application to which any of sections 102, 103, 105 and 106 applies that the Chairperson considers to have been complete before that day, specify a time limit for the Board to comply with subsection 52(1), 58(4) or 58.16(4) of the other Act, as the case may be, as enacted, respectively, by sections 83 and 84 and subsection 85(2). The Board shall also make that time limit public.

• Marginal note:Clarification

  (2) The time limit specified under subsection (1) may be longer than the 15-month period referred to in subsection 52(4), 58(5) or 58.16(4) of the other Act, as the case may be, as enacted, respectively, by sections 83 and 84 and subsection 85(2), if the Chairperson considers it appropriate in the circumstances, but it must be no longer than 15 months after the commencement day.

• Marginal note:Chairperson’s powers

  (3) To ensure that a time limit specified under subsection (1) is met, the Chairperson may exercise any of the Chairperson’s powers under subsection 6(2.2) of the other Act, as enacted by subsection 71(2). For greater certainty, subsections 6(2.3) to (2.5) of the other Act, as enacted by that subsection 71(2), apply if any of those powers are exercised.

Marginal note:Chairman

108. The person who holds the office of Chairman of the Board immediately before the commencement day continues in office as the Chairperson of the Board until the earlier of the expiry of the person’s term as a member of the Board and the designation of another member of the Board as its Chairperson.

Marginal note:Vice-Chairman

109. The person who holds the office of Vice-Chairman of the Board immediately before the commencement day continues in office as the Vice-chairperson of the Board until the earlier of the expiry of the person’s term as a member of the Board and the designation of another member of the Board as its Vice-chairperson.

Related and Consequential Amendments

R.S., c. F-7; 2002, c. 8, s. 14Federal Courts Act

110. Subsection 28(1) of the Federal Courts Act is amended by adding the following after paragraph (f):

R.S., c. F-11Financial Administration Act

Marginal note:2006, c. 9, s. 270

111. Part III of Schedule VI to the English version of the Financial Administration Act in column II is amended by replacing the reference to “Chairman” opposite the reference to the “National Energy Board” in Column I with a reference to “Chairperson”.

R.S., c. N-26Northern Pipeline Act

112. Subsection 7(1) of the Northern Pipeline Act is replaced by the following:

113. Subsection 21(2) of the Act is replaced by the following:

1990, c. 7An Act to amend the National Energy Board Act and to repeal certain enactments in consequence thereof

114. Section 46 of the An Act to amend the National Energy Board Act and to repeal certain enactments in consequence thereof is repealed.

Coming into Force

Marginal note:Order in council

• 115. (1) Sections 68 to 85, 89, 90, 92 to 97 and 99 to 114 come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Order in council

  (2) Sections 86 to 88, 91 and 98 come into force on a day or days to be fixed by order of the Governor in Council.

Division 3R.S., c. O-7; 1992, c. 35, s. 2Canada Oil and Gas Operations Act

Amendments to the Act

116. Section 2 of the Canada Oil and Gas Operations Act is amended by adding the following in alphabetical order:

117. Section 2.1 of the Act is amended by adding the following after paragraph (b):

118. Section 4.1 of the Act is renumbered as subsection 4.1(1) and is amended by adding the following:

119. The Act is amended by adding the following after section 5.01: