GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Energy Regulator Act — C-15.1 306
Application of provisions in Part 6 306 (1) Part 6, except sections 315 to 318 , 335 and 342 , applies in respect of any part of an offshore power line that is in a province as if each reference in any of those provisions to (a) a company were a reference to the applicant for or holder of the authorization issued in respect of the power line; (b) a pipeline or line were a reference to that part of the power line; and (c) hydrocarbons or any other commodity were a reference to electricity. Application of subsection 224 (1) (2) Subsection 224 (1) applies in respect of any part of an offshore power line that is in a province as if the reference to “any of the circumstances referred to in subsection (2)” were a reference to any of the following circumstances: (a) leave has been obtained under subsection 272 (2) or (5) in respect of that part; (b) the authorization in respect of the power line contains a condition relating to the utility referred to in subsection 224 (1); (c) the power line has been constructed in circumstances specified in an order or regulation made under subsection 272 (4). Application of subsections 316 (1) to (3) (3) Subsections 316 (1) to (3) apply in respect of any part of an offshore power line that is in a province as if each reference in any of those provisions to (a) a company were a reference to the holder of the authorization issued in respect of the power line; and (b) a pipeline or line were a reference to that part of the power line. Non-application of subsections 316 (1) to (3) (4) Despite subsection (3), subsections 316 (1) to (3) do not apply in respect of (a) anything done under leave obtained under subsection 272 (2) or (5) in respect of any part of an offshore power line that is in a province; and (b) any such part that passes on, over, along or under a facility if an authorization has been issued in respect of the power line and the authorization contains a condition relating to that facility.
Canadian Energy Regulator Act — C-15.1 307
Application of sections 317 and 318 307 Sections 317 and 318 apply in respect of an offshore renewable energy project or an offshore power line as if each reference in that section to (a) a company were a reference to a person; and (b) a pipeline were a reference to an offshore renewable energy project or offshore power line.
Canadian Energy Regulator Act — C-15.1 308
Limitations 308 The holder of an authorization must not, unless the Commission has granted leave by order, (a) sell or otherwise transfer to any person its offshore renewable energy project or offshore power line, in whole or in part; (b) purchase or otherwise acquire an offshore renewable energy project or offshore power line from any person, in whole or in part; (c) lease to any person its offshore power line or any facility, equipment or system related to its offshore renewable energy project, in whole or in part; (d) lease from any person an offshore power line — or any facility, equipment or system related to an offshore renewable energy project — other than the one in respect of which the authorization is issued, in whole or in part; or (e) if the holder is a company, amalgamate with another company.
Canadian Energy Regulator Act — C-15.1 309
Right of entry 309 (1) Any person may enter on and use any portion of the offshore area in order to carry on a work or activity (a) authorized under subsection 298 (1); or (b) authorized under section 101 in respect of an abandoned offshore power line or an abandoned facility, equipment or system that is in respect of an offshore renewable energy project. Restriction (2) If a person occupies a portion of the offshore area under lawful authority, other than through an authorization, no other person is permitted to enter on and use that portion as set out in subsection (1) without the consent of the occupier or, if consent has been refused, except in accordance with the conditions imposed in an arbitration.
Canadian Energy Regulator Act — C-15.1 310
Study and report 310 The Regulator may, by order, direct the holder of an authorization to study any safety or environmental protection issue that relates to their offshore renewable energy project or offshore power line and to report to the Regulator on the results within the period specified in the order.
Canadian Energy Regulator Act — C-15.1 311
Offence and punishment 311 (1) Every person who contravenes section 297 , a condition of an authorization imposed under subsection 298 (9), an order made under section 310 or a provision of a regulation made under section 312 commits an offence and is liable (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both; or (b) on summary conviction, to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both. Application of subsections 379 (2) to (6) (2) Subsections 379 (2) to (6) apply, with any modifications that the circumstances require, in respect of an offence under this section.
Canadian Energy Regulator Act — C-15.1 312
Regulations 312 The Governor in Council may make regulations (a) respecting works and activities related to offshore renewable energy projects and to offshore power lines, for the purposes of safety, security and environmental protection; (b) respecting the conditions referred to in subsection 298 (9); (c) prohibiting the introduction into the environment of substances, classes of substances and forms of energy in specified circumstances; (d) respecting the creation, updating, conservation and disclosure of records; (e) respecting arbitrations for the purposes of subsection 309 (2), including the costs of or incurred in relation to such arbitrations; and (f) prescribing anything that is to be prescribed under this Part, other than the circumstances referred to in subsection 298(6).
Canadian Energy Regulator Act — C-15.1 312.1
Regulations — excluded periods 312.1 The Regulator may make regulations prescribing, for the purposes of subsection 298(6), the circumstances in which periods may be excluded from the calculation of the time limit.
Canadian Energy Regulator Act — C-15.1 313
Powers of company 313 A company may, for the purposes of its undertaking, subject to this Act and to any Special Act applicable to it, (a) enter into and on any Crown land without previous licence, or into and on the land of any person, lying in the intended route of its pipeline, and make surveys, examinations or other necessary arrangements on the land for fixing the site of the pipeline and set out and ascertain the parts of the land that are necessary and appropriate for the pipeline; (b) acquire, lease and take from any person any land or other property necessary for the construction, maintenance, operation and abandonment of its pipeline or the maintenance of its abandoned pipeline and sell or otherwise dispose of, or lease, any of its land or property that has become unnecessary for the purpose of the pipeline or the abandoned pipeline; (c) construct its pipeline across, on or under the land of any person on the located line of the pipeline; (d) join its pipeline with the transmission facilities of any other person at any point on its route; (e) construct, erect and maintain all necessary and convenient roads, buildings, houses, stations, depots, wharves, docks and other structures and construct, acquire and lease machinery and other apparatus necessary for the construction, maintenance, operation and abandonment of its pipeline or the maintenance of its abandoned pipeline; (f) construct, maintain and operate branch lines and for that purpose exercise all the powers, privileges and authority necessary for that purpose in as full and ample a manner as for a pipeline; (g) alter, repair or discontinue the works mentioned in this section, or any of them, and substitute others in their stead; (h) transmit hydrocarbons or any other commodity by pipeline and regulate the time and manner in which hydrocarbons or any other commodity are to be transmitted and the tolls to be charged; and (i) do all other acts necessary for the construction, maintenance, operation and abandonment of its pipeline or the maintenance of its abandoned pipeline.
Canadian Energy Regulator Act — C-15.1 314
Damages and compensation 314 A company must, in the exercise of the powers granted by this Act or a Special Act, do as little damage as possible, and must make full compensation in the manner provided in this Act and in a Special Act to all persons interested, for all damage sustained by them by reason of the exercise of those powers.
Canadian Energy Regulator Act — C-15.1 315
Exercise of powers outside Canada 315 A company operating a pipeline from a place in Canada to a place on the international boundary line may exercise, beyond that boundary, to the extent permitted by the laws there in force, the powers that it may exercise in Canada.
Canadian Energy Regulator Act — C-15.1 316
Crown lands 316 (1) A company must not take possession of, use or occupy lands vested in Her Majesty without the consent of the Governor in Council. Consent (2) A company may, with the consent of the Governor in Council and on any terms that the Governor in Council may prescribe, take and appropriate, for the use of its pipeline and works, the portion of the lands of Her Majesty lying on the route of the line that have not been granted, conceded or sold, and that is necessary for the pipeline, and also the portion of the public beach, or bed of a lake, river or stream, or of the lands so vested covered with the waters of a lake, river or stream that is necessary for making, completing and using its pipeline and works. Compensation where lands held in trust (3) If lands are vested in Her Majesty for a special purpose, or subject to a trust, the compensation money that a company pays for the lands must be held and applied by the Governor in Council for that purpose or trust. Exceptions (4) Subsections (1) to (3) do not apply to any of the following: (a) anything done under leave obtained under subsection 217 (2) or (5) in respect of the pipeline; (b) any section or part of the pipeline that passes on, over, along or under a utility , as defined in subsection 217 (6), if a certificate has been issued, or an order has been made under section 214 , in respect of the pipeline and the certificate or order contains a condition relating to that utility; (c) any section or part of the pipeline that passes in, on, over, under, through or across a navigable water if a certificate has been issued, or an order has been made under section 214 , in respect of the pipeline; and (d) anything done under any leave obtained under section 108 of the National Energy Board Act at any time before July 3, 2013, as that section read from time to time before that day.
Canadian Energy Regulator Act — C-15.1 317
Consent of council of the band 317 (1) Despite section 35 of the Indian Act , a company must not, for the purpose of constructing a pipeline or engaging in the activities referred to in paragraph 313 (a), take possession of, use or occupy lands in a reserve , within the meaning of subsection 2(1) of the Indian Act , without the consent of the council of the band , within the meaning of that subsection. For greater certainty (2) For greater certainty, nothing in subsection (1) is to be construed as modifying the application of the other provisions of this Act. Consent of Governor in Council (3) A company must not take possession of, use or occupy the following lands without the consent of the Governor in Council: (a) Category IA-N land , as defined in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act ; (a.1) Category IA land , as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act ; or (b) shíshálh lands , as defined in subsection 2(1) of the shíshálh Nation Self-Government Act . Compensation (4) If the lands referred to in subsection (1) or (3) are taken possession of, used or occupied by a company, or if they are injuriously affected by the construction of a pipeline, compensation must be made by that company. 2019, c. 28, s. 10 “317” 2018, c. 4, s. 135 2022, c. 9, s. 47
Canadian Energy Regulator Act — C-15.1 318
Consent of Yukon first nation or Governor in Council 318 (1) A company must not, if the Yukon first nation concerned does not consent to it, take possession of, use or occupy settlement land as defined in section 2 of the Yukon Surface Rights Board Act without the consent of the Governor in Council. Consent of Gwich’in Tribal Council or Governor in Council (2) A company must not, if the Gwich’in Tribal Council does not consent to it, take possession of, use or occupy Tetlit Gwich’in Yukon land without the consent of the Governor in Council. Public hearing (3) If land referred to in subsection (1) or (2) is to be taken possession of, used or occupied without the consent of the Yukon first nation or Gwich’in Tribal Council, as the case may be, (a) a public hearing in respect of the location and extent of the land to be taken possession of, used or occupied must be held in accordance with the following procedure: (i) notice of the date, time and place for the public hearing must be given to the Yukon first nation or Gwich’in Tribal Council and the public, (ii) on the date and at the time and place fixed for the public hearing, an opportunity must be provided for the Yukon first nation or Gwich’in Tribal Council and the public to be heard, (iii) costs incurred by any party in relation to the hearing are at the discretion of the person or body holding the hearing and may be awarded on or before the final disposition of the issue, and (iv) a report on the hearing must be prepared and submitted to the Minister; and (b) notice of intention to obtain the consent of the Governor in Council must be given to the Yukon first nation or Gwich’in Tribal Council on completion of the public hearing and submission of a report on the hearing to the Minister. Compensation (4) If the lands referred to in subsection (1) or (2) are taken possession of, used or occupied by a company, or if they are injuriously affected by the construction of a pipeline, compensation must be made by that company. Definition of Tetlit Gwich’in Yukon land (5) In this section, Tetlit Gwich’in Yukon land means land as described in Annex B, as amended from time to time, to Appendix C of the Comprehensive Land Claim Agreement between Her Majesty in right of Canada and the Gwich’in, as represented by the Gwich’in Tribal Council, that was approved, given effect and declared valid by the Gwich’in Land Claim Settlement Act .
Canadian Energy Regulator Act — C-15.1 319
Application restricted 319 The provisions of this Part to determine compensation matters apply in respect of all damage, including the loss of value of the lands, caused by the operation of section 335 or by the pipeline or abandoned pipeline or anything transmitted by the pipeline but do not apply to (a) claims against a company arising out of activities of the company unless those activities are directly related to (i) the acquisition or lease of lands for a pipeline or abandoned pipeline, (ii) the construction of the pipeline, or (iii) the inspection, maintenance or repair of the pipeline or abandoned pipeline; (b) claims against a company for loss of life or injury to the person; or (c) awards of compensation or agreements respecting compensation made or entered into prior to March 1, 1983.
Canadian Energy Regulator Act — C-15.1 320
Definition of owner 320 In sections 321 to 334 , owner means any person who is entitled to compensation under section 314 .
Canadian Energy Regulator Act — C-15.1 321
Methods of acquisition or lease 321 (1) Subject to subsection (2), a company may acquire or lease lands for a pipeline under a land acquisition or lease agreement entered into between the company and the owner of the lands or, in the absence of such an agreement, in accordance with this Part. Form of agreement (2) A company must not acquire or lease lands for a pipeline under an agreement referred to in subsection (1) unless the agreement includes provision for (a) compensation for the acquisition or lease of lands to be made, at the option of the owner of the lands, by one lump sum payment or by periodic payments of equal or different amounts over a specified period of time; (b) review every five years of the amount of any compensation payable in respect of which periodic payments have been selected; (c) compensation for damages caused by the company’s operations, pipelines or abandoned pipelines; (d) indemnification from all liabilities, damages, claims, suits and actions resulting from the company’s operations, pipelines or abandoned pipelines, other than liabilities, damages, claims, suits and actions resulting from (i) in Quebec, the gross or intentional fault of the owner of the lands, and (ii) elsewhere in Canada, the gross negligence or wilful misconduct of the owner of the lands; (e) restriction of the use of the lands to the line of pipe or other facility for which the lands are, by the agreement, specified to be required unless the owner of the lands consents to any proposed additional use at the time of the proposed additional use; (f) compensation to the owner of the lands if the use of those lands is restricted by the operation of section 335 ; (g) compensation to the owner of the lands for any adverse effect on the remaining lands of the owner, including the restriction of their use by the operation of section 335 ; and (h) any additional terms that are, at the time the agreement is entered into, required to be included in it by any regulations made under paragraph 333 (d).
Canadian Energy Regulator Act — C-15.1 322
Notice of proposed acquisition or lease of lands 322 (1) If a company has determined the lands that may be required for the purposes of a section or part of a pipeline, the company must serve a notice on all owners of the lands, to the extent that they can be ascertained, which notice must set out or be accompanied by (a) a description of the lands of the owner that are required by the company for that section or part; (b) details of the compensation offered by the company for the lands required; (c) a detailed statement made by the company of the value of the lands required in respect of which compensation is offered; (d) a description of the procedure for approval of the detailed route of the pipeline; (e) a description of the procedure available under this Part in the event that the owner of the lands and the company are unable to agree on any matter respecting the compensation payable; and (f) any prescribed information. Agreement void or null (2) If an agreement referred to in section 321 is entered into with an owner of lands before a notice is served on the owner under this section, that agreement is void or, in Quebec, null. Abandonment: company’s liability (3) If a company serves a notice on an owner of lands under subsection (1) and subsequently decides not to acquire or lease all or part of the land described in the notice, it is liable to the owner for all damages suffered and reasonable costs incurred by the owner in consequence of the notice and the abandonment of the acquisition or lease of the land.
Canadian Energy Regulator Act — C-15.1 323
Agreement of purchase and sale 323 Subsections 321 (2) and 322 (1) do not apply during any period in which an agreement of purchase and sale with respect to the lands referred to in those subsections is in effect between the company and the owner of those lands.
Canadian Energy Regulator Act — C-15.1 324
Immediate right of entry 324 (1) Subject to subsection 317 (1), if the Commission considers it appropriate to do so, the Commission may, by order, on application to the Regulator in writing by a company, grant to the company an immediate right to enter any lands on any conditions specified by the Commission in the order. Notice (2) The Commission is not authorized to make an order under subsection (1) unless the Commission is satisfied that the owner of the lands in question has, not less than 30 days and not more than 60 days before the date of the application, been served with a notice setting out (a) the purpose of the right of entry referred to in subsection (1); (b) the date on which the company intends to make its application to the Regulator under subsection (1); (c) the date on which the company intends to enter the lands and the period during which the company intends to have access to the lands; (d) the address of the Regulator to which any objection in writing that the owner may make concerning the issuance of the order may be sent; and (e) a description of the right of the owner to an advance of compensation under section 325 if the order is issued and the amount of the advance that the company is prepared to make.
Canadian Energy Regulator Act — C-15.1 325
Advance of compensation 325 If a company has been granted an immediate right to enter lands under subsection 324 (1), the owner of the lands is entitled to receive from the company an amount as an advance of the compensation referred to in subsection 327 (1).
Canadian Energy Regulator Act — C-15.1 326
Vesting 326 (1) An order under subsection 324 (1) that grants a company an immediate right to enter lands is deemed to have vested in the company any title, interest or right in the lands that is specified in the order. Registration, recording or filing (2) Within 30 business days after the day on which the order is made, the company must register or deposit the order with the appropriate land registrar and notify the Regulator and the owner of the lands of its deposit.
Canadian Energy Regulator Act — C-15.1 327
Determinations regarding compensation 327 (1) If a company and an owner of lands have not agreed on any matter relating to the compensation payable under this Part, the Commission, on application by a company or any owner, must, by order, determine that matter. Factors to consider (2) In determining any matter under subsection (1) for the acquisition or lease of lands, the Commission must consider the following factors: (a) the market value of the lands taken by the company; (b) if periodic payments are being made under an agreement or an order of the Commission, changes in the market value referred to in paragraph (a) since the agreement or order of the Commission or since the last review and adjustment of those payments, as the case may be; (c) the loss of use to the owner of the lands taken by the company or whose use is otherwise restricted by the operation of section 335 ; (d) the adverse effect of the taking of the lands by the company on the remaining lands of an owner, including by restricting their use by the operation of section 335 ; (e) the nuisance, inconvenience and noise that may reasonably be expected to be caused by or arise from or in connection with the operations of the company; (f) the damage to lands in the area of the lands taken by the company that might reasonably be expected to be caused by the operations of the company; (g) loss of or damage to livestock or other personal property or movable affected by the operations of the company; (h) any special difficulties in relocation of an owner or their property; (i) any other factors that the Commission considers appropriate in the circumstances; and (j) other prescribed factors that are prescribed under paragraph 333 (e). Definition of market value (3) For the purpose of paragraph (2)(a), market value is the amount that would have been paid for the lands if, at the time of their taking, they had been sold in the open market by a willing seller to a willing buyer.
Canadian Energy Regulator Act — C-15.1 328
Settlement land or Tetlit Gwich’in Yukon land 328 If the Commission determines a compensation matter involving land referred to in section 318 , sections 3, 26 to 31, 36, 54 to 58, 63, 67 and 72 of the Yukon Surface Rights Board Act apply to the Commission as if it were the Yukon Surface Rights Board.