GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Northumberland Strait Crossing Act — N-26.5 7
Appropriation 7 (1) Subject to subsection (2), there shall be paid out of the Consolidated Revenue Fund, for the purpose of paying an annual subsidy in respect of the crossing, and the operation thereof in accordance with an agreement, in each of the thirty-five fiscal years beginning with the fiscal year determined for that purpose in accordance with the agreement, on the dates set out in the agreement, an amount not exceeding an aggregate sum of forty-two million in 1992 dollars, adjusted, in accordance with the agreement, using the consumer price index. Number of fiscal years (2) Where the date fixed by the agreement referred to in subsection (1) as the date on which the first payment on account of the annual subsidy is to be made falls in a month other than April in a fiscal year, there shall be paid out of the Consolidated Revenue Fund, for the purpose referred to in that subsection, in each of the thirty-six fiscal years beginning with the fiscal year determined for that purpose in accordance with the agreement, on the dates set out in the agreement, an amount not exceeding (a) in respect of both the first fiscal year and the thirty-sixth fiscal year, an aggregate sum of forty-two million, and (b) in respect of each of the remaining fiscal years, an aggregate sum of forty-two million, in 1992 dollars, adjusted, in accordance with the agreement, using the consumer price index.
Northumberland Strait Crossing Act — N-26.5 8
No set-off of subsidy 8 Notwithstanding any other Act of Parliament, where the person to whom the annual subsidy is payable under an agreement, or any assignee of that person under the agreement or any other agreement entered into pursuant to the agreement, is indebted to Her Majesty in right of Canada, the amount of the indebtedness may not be retained by way of deduction from or set-off against any sum of money that may be due or payable by Her Majesty to that person or assignee on account of the annual subsidy.
Northumberland Strait Crossing Act — N-26.5 9
Tolls 9 The Minister of Transport may, with the approval of the Governor in Council, make regulations prescribing, or prescribing the manner of calculating, the tolls, fees or other charges in respect of the use of the crossing that may be imposed on or after the lease of land and other property referred to in section 6 terminates in accordance with the terms and conditions of the lease.
Northumberland Strait Crossing Act — N-26.5 Coming into force
Coming into force * 10 This Act shall come into force on a day to be fixed by order of the Governor in Council. * [Note: Act in force September 2, 1993, see SI/93-185.]
Northern Pipeline Act — N-26 1
Short title 1 This Act may be cited as the Northern Pipeline Act . 1977-78, c. 20, s. 1
Northern Pipeline Act — N-26 2
Definitions 2 (1) In this Act, Administrator means the Administrator of the Agency appointed or designated pursuant to subsection 6(2); ( Directeur ) Agency means the Northern Pipeline Agency established by subsection 5(1); ( Administration ) Agreement means the Agreement between Canada and the United States dated September 20, 1977, set out in Schedule I, and includes any exchange of notes between Canada and the United States amending Annex III of the Agreement to give effect to a report of the National Energy Board, dated February 17, 1978, in which the National Energy Board indicated it would include in its decision approving, under this Act, pipeline specifications, a requirement for a 56 inch diameter pipe with a maximum allowable operating pressure of 1,080 psi for that portion of the pipeline between Whitehorse, Yukon and Caroline, Alberta; ( Accord ) Board [Repealed, 2019, c. 28, s. 116] Commissioner means the Commissioner of the Agency appointed pursuant to subsection 6(1); ( Directeur général ) company means a company to which a certificate of public convenience and necessity is declared to be issued by subsection 21(1) in respect of the pipeline; ( compagnie ) designated officer means the commissioner of the Regulator who is designated under subsection 6(2) as Administrator or under subsection 6(4) as a deputy to the Administrator; ( fonctionnaire désigné ) Hearing means the hearings before the National Energy Board in respect of applications for certificates of public convenience and necessity for the construction and operation of certain natural gas pipelines that resulted in a publication of the National Energy Board under date of June, 1977 in three volumes entitled “Reasons for Decision, Northern Pipelines”; ( Audience ) Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; ( ministre ) pipeline means the pipeline for the transmission of natural gas from Alaska across Canada along the route set out in Annex I to the Agreement and includes all branches, extensions, tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, telegraph or radio, and real and personal property and works connected therewith; ( pipe-line ) Regulator means the Canadian Energy Regulator established under the Canadian Energy Regulator Act . ( Régie ) References (2) For the purposes of this Act, a reference in this Act or in any schedule to this Act to the Foreign Investment Review Act , chapter 46 of the Statutes of Canada, 1973-74, or any provision of that Act shall be construed as a reference to that Act or provision as it read immediately before the coming into force of section 46 of the Investment Canada Act , chapter 20 of the Statutes of Canada, 1985. Deeming (3) For the purposes of the Agreement set out in Schedule I to this Act, the Regulator is deemed to be the National Energy Board. R.S., 1985, c. N-26, s. 2; R.S., 1985, c. 28 (1st Supp.), s. 50; 2002, c. 7, s. 212(E) 2019, c. 28, s. 116
Northern Pipeline Act — N-26
Administrator means the Administrator of the Agency appointed or designated pursuant to subsection 6(2); ( Directeur )
Northern Pipeline Act — N-26
Agency means the Northern Pipeline Agency established by subsection 5(1); ( Administration )
Northern Pipeline Act — N-26
Agreement means the Agreement between Canada and the United States dated September 20, 1977, set out in Schedule I, and includes any exchange of notes between Canada and the United States amending Annex III of the Agreement to give effect to a report of the National Energy Board, dated February 17, 1978, in which the National Energy Board indicated it would include in its decision approving, under this Act, pipeline specifications, a requirement for a 56 inch diameter pipe with a maximum allowable operating pressure of 1,080 psi for that portion of the pipeline between Whitehorse, Yukon and Caroline, Alberta; ( Accord )
Northern Pipeline Act — N-26
Commissioner means the Commissioner of the Agency appointed pursuant to subsection 6(1); ( Directeur général )
Northern Pipeline Act — N-26
company means a company to which a certificate of public convenience and necessity is declared to be issued by subsection 21(1) in respect of the pipeline; ( compagnie )
Northern Pipeline Act — N-26
designated officer means the commissioner of the Regulator who is designated under subsection 6(2) as Administrator or under subsection 6(4) as a deputy to the Administrator; ( fonctionnaire désigné )
Northern Pipeline Act — N-26
Hearing means the hearings before the National Energy Board in respect of applications for certificates of public convenience and necessity for the construction and operation of certain natural gas pipelines that resulted in a publication of the National Energy Board under date of June, 1977 in three volumes entitled “Reasons for Decision, Northern Pipelines”; ( Audience )
Northern Pipeline Act — N-26
Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; ( ministre )
Northern Pipeline Act — N-26
pipeline means the pipeline for the transmission of natural gas from Alaska across Canada along the route set out in Annex I to the Agreement and includes all branches, extensions, tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, telegraph or radio, and real and personal property and works connected therewith; ( pipe-line )
Northern Pipeline Act — N-26
Regulator means the Canadian Energy Regulator established under the Canadian Energy Regulator Act . ( Régie )
Northern Pipeline Act — N-26 3
Binding on Her Majesty 3 This Act is binding on Her Majesty. 1977-78, c. 20, s. 2
Northern Pipeline Act — N-26 4
Objects 4 The objects of this Act are (a) to carry out and give effect to the Agreement; (b) to carry out, through the Agency, federal responsibilities in relation to the pipeline; (c) to facilitate the efficient and expeditious planning and construction of the pipeline taking into account local and regional interests, the interests of the residents, particularly the native people, and recognizing the responsibilities of the Government of Canada and other governments, as appropriate, to ensure that any native claim related to the land on which the pipeline is to be situated is dealt with in a just and equitable manner; (d) to facilitate, in relation to the pipeline, consultation and coordination with the governments of the provinces, Yukon and the Northwest Territories; (e) to maximize the social and economic benefits from the construction and operation of the pipeline including the maximizing of the opportunities for employment of Canadians while at the same time minimizing any adverse effect on the social and environmental conditions of the areas most directly affected by the pipeline; and (f) to advance national economic and energy interests and to maximize related industrial benefits by ensuring the highest possible degree of Canadian participation in all aspects of the planning and construction of, and procurement for, the pipeline while ensuring that the procurement of goods and services for the pipeline will be on generally competitive terms. R.S., 1985, c. N-26, s. 4; 2002, c. 7, s. 213
Northern Pipeline Act — N-26 5
Agency established 5 (1) There is hereby established an agency of the Government of Canada called the Northern Pipeline Agency over which the Minister shall preside. Minister (2) The Minister has the management and direction of the Agency. 1977-78, c. 20, s. 4
Northern Pipeline Act — N-26 6
Commissioner 6 (1) The Governor in Council may appoint an officer to be called the Commissioner of the Agency to be the deputy of the Minister and the Commissioner shall rank as and have all the powers of a deputy head of a department. Administrator (2) The Governor in Council may, by order, (a) appoint an officer to be called the Administrator of the Agency; or (b) designate one of the commissioners of the Regulator to be the Administrator of the Agency. Duties of Administrator (3) The Administrator shall, under the Commissioner, exercise and perform such of the powers, duties and functions of the Minister under this Act as the Minister may specify. Deputy to the Administrator (4) If the Governor in Council does not designate a commissioner of the Regulator to be the Administrator, the Governor in Council may, by order, designate one of the commissioners of the Regulator to be a deputy to the Administrator. Non-application (5) Paragraph 29(c) of the Canadian Energy Regulator Act does not apply to the commissioner of the Regulator designated as Administrator or as a deputy to the Administrator. R.S., 1985, c. N-26, s. 6 2019, c. 28, s. 117
Northern Pipeline Act — N-26 7
Designated officer‘s powers 7 (1) The designated officer may, in respect of the pipeline, exercise any of the powers, and perform any of the duties or functions, of the Regulator under the Canadian Energy Regulator Act — except those referred to in sections 80 to 86, 92 and 95 to 98, subsection 99(2), section 100, subsections 101(3), 102(3) and 103(2) to (4), sections 109 to 112, 115 to 173 and 181, subsections 183(1), (2), (4) to (6) and (8) to (11), sections 184, 186, 187, 195 to 197, 213, 214, 225 to 240, subsections 241(1) and (4), section 245 and Parts 7 and 9 of that Act — that may be delegated to him or her by order of the Regulator. Certification of documents (2) The designated officer may, in respect of the pipeline, certify copies of (a) the approved plan, profile and book of reference for the purpose of paragraph 198(d) of the Canadian Energy Regulator Act ; and (b) any permit issued under subsection 208(2) of that Act. R.S., 1985, c. N-26, s. 7; 2012, c. 19, s. 112 2019, c. 28, s. 118
Northern Pipeline Act — N-26 8
Regulator — substitute commissioner 8 If a commissioner of the Regulator is designated to be the Administrator or a deputy to the Administrator, the Governor in Council may appoint, on any terms and conditions that the Governor in Council may prescribe, a temporary substitute commissioner of the Regulator in place of that commissioner of the Regulator. R.S., 1985, c. N-26, s. 8; 1993, c. 34, s. 97 2019, c. 28, s. 118
Northern Pipeline Act — N-26 9
Acting Commissioner or Administrator 9 (1) Subject to subsection (2), in the event of the absence or incapacity of the Commissioner or Administrator or if either office is vacant, the Governor in Council may designate a person to act as Commissioner or Administrator for the time being and the person so designated has all the powers, duties and functions of the Commissioner or Administrator, unless the Governor in Council specifies otherwise. Acting designated officer (2) If the designated officer is absent or incapacitated, the Governor in Council may designate another commissioner of the Regulator to act as the Administrator or as a deputy to the Administrator, as the case may be, and the person so designated has all the powers, duties and functions of the Administrator or that deputy including the powers, duties and functions of the Regulator that were delegated to the Administrator or that deputy, unless the Governor in Council specifies otherwise. Non-application (3) Paragraph 29(c) of the Canadian Energy Regulator Act does not apply to a commissioner of the Regulator designated under subsection (2). R.S., 1985, c. N-26, s. 9 2019, c. 28, s. 119
Northern Pipeline Act — N-26 10
Powers of Minister 10 The Minister may (a) exercise such of the powers and carry out such of the duties and functions, in relation to the pipeline only, of any member of the Queen’s Privy Council for Canada or any department or agency of the Government of Canada as are from time to time transferred to him by order of the Governor in Council; (b) hold consultations with the governments of the provinces, Yukon and the Northwest Territories to coordinate and review the activities of the Agency and those governments in relation to the pipeline; (c) enter into such agreements with the government of a province, or with the government of Yukon or the Northwest Territories after consultation with the Legislature of Yukon or the Northwest Territories, as may be necessary to facilitate the attainment of the objects of this Act and to provide for coordination and review of the activities of the Agency and those governments in relation to the pipeline; (d) oversee and survey all aspects of the planning and construction of, and procurement for, the pipeline; and (e) in order to carry out the obligations of Canada contained in the Agreement, consult with the appropriate authorities of the United States on any matter arising under the Agreement. R.S., 1985, c. N-26, s. 10; 2002, c. 7, s. 214; 2014, c. 2, s. 19
Northern Pipeline Act — N-26 11
Offices 11 Offices of the Agency may be established at such places in Canada as the Minister considers appropriate. 1977-78, c. 20, s. 10
Northern Pipeline Act — N-26 12
Separate employer 12 (1) The Agency may employ such professional, scientific, technical and other officers and employees as it considers necessary for the purposes of this Act, fix their tenure of employment and their duties and, with the approval of the Treasury Board, fix and pay their remuneration. Technical assistance (2) The Agency may engage on a temporary basis the services of persons having technical or specialized knowledge to advise and assist the Agency in the performance of its duties and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons. Public Service Superannuation Act (3) Each person employed under subsection (1) is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act . Application of other Acts (4) Each person employed under subsection (1) is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act . Secondment and advice and assistance (5) The Governor in Council may, on the request of the Minister, direct any department or agency of the Government of Canada to second to the Agency, for specified periods, officers and employees necessary for the proper conduct of the work of the Agency and the Agency may, subject to any provisions relating to privileged information in any other Act, obtain the advice and assistance of any department or agency of the Government of Canada. R.S., 1985, c. N-26, s. 12; 2003, c. 22, ss. 224(E), 225(E)
Northern Pipeline Act — N-26 14
Annual report 14 The Minister shall, on or before December 31 next following the end of each fiscal year, prepare a report on the operations of the Agency for that fiscal year and the Minister shall cause the report to be laid before each House of Parliament on that date or, if a House is not then sitting, on any of the first 15 days that it is sitting after that date. R.S., 1985, c. N-26, s. 14; 2012, c. 19, s. 177
Northern Pipeline Act — N-26 15
Transfer of powers 15 The Governor in Council may, by order, transfer to the Minister, in relation to the pipeline only, such of the powers, duties and functions of any member of the Queen’s Privy Council for Canada or any department or agency of the Government of Canada as are specified in the order. 1977-78, c. 20, s. 14
Northern Pipeline Act — N-26 16
Exercise of powers by departments and other agencies 16 The Minister may, to facilitate the exercise of such of the powers and the carrying out of such of the duties and functions of a member of the Queen’s Privy Council for Canada or any department or agency of the Government of Canada as are transferred to him, enter into an agreement with the member, department or agency whereby the member, department or agency will exercise the powers and carry out the duties and functions so transferred in a manner determined in the agreement. 1977-78, c. 20, s. 15
Northern Pipeline Act — N-26 17
No taxing authority transferred 17 No transfer of any power, duty or function under section 15 authorizes the Minister to levy a tax or impose a licence fee or other monetary charge greater than the tax, licence fee or other monetary charge set out in the Act or regulations referred to in the transfer. 1977-78, c. 20, s. 16
Northern Pipeline Act — N-26 18
Council to be established 18 (1) For the purpose of carrying out the objects of this Act, the Governor in Council may establish a Federal-Provincial Consultative Council consisting of (a) the Commissioner and a representative of Yukon named by the Governor in Council on the recommendation of the Legislature of Yukon; and (b) one representative of each of the provinces of British Columbia, Saskatchewan and Alberta nominated by the Lieutenant Governor in Council of each of those provinces. Meeting and objects (2) The Council established under subsection (1) shall meet at least once every three months at such places in Canada as may be determined by the Council to consult on and to facilitate the coordination of the actions of the Agency, the governments of the provinces referred to in paragraph (1)(b), the government of Yukon and other governmental bodies in relation to the pipeline, and in particular with a view to ensuring a consistent approach in so far as is possible relating to the pipeline. Committees of Council (3) The Council established by subsection (1) may establish committees of the Council to advise it on such matters relating to the objects set out in subsection (2) as the Council refers to those committees. R.S., 1985, c. N-26, s. 18; 2002, c. 7, s. 215
Northern Pipeline Act — N-26 19
Establishment and composition 19 (1) For the purpose of assisting the Minister in carrying out the objects of this Act, the Governor in Council shall establish and set the terms of reference of one or more advisory councils each consisting of not more than ten members to be selected from outside the federal public administration and appointed by the Governor in Council to hold office for such term as the Governor in Council may determine. Yukon Advisory Council (2) One of the advisory councils established under subsection (1) shall be the Yukon Advisory Council with members representative of areas and interests, including native interests, in Yukon. Functions (3) The Commissioner shall inform a council established under subsection (1) of the activities of the Agency relating to the terms of reference of the council and any such council may advise and make recommendations to the Commissioner respecting those activities. Council members (4) Each member of a council established under subsection (1) is entitled to be paid out of the funds appropriated for the Agency such fees as are fixed by the Governor in Council for attendance at meetings of the council. Expenses (5) Each member of a council established under subsection (1) is entitled to be paid out of the funds appropriated for the Agency reasonable travel and living expenses incurred by him in connection with the performance of his duties under this Act while absent from his ordinary place of residence. R.S., 1985, c. N-26, s. 19; 2002, c. 7, s. 216; 2003, c. 22, s. 224(E)
Northern Pipeline Act — N-26 20
Directions to the Regulator 20 (1) The Governor in Council may, by order, in respect of the pipeline, give directions to the Regulator respecting the exercise of the powers of the Regulator under, or the performance of the duties and functions imposed on the Regulator by, the Canadian Energy Regulator Act and this Act and the Regulator must comply with those directions. Directions to designated officer (2) The Governor in Council may, by order, in respect of the pipeline, give directions to the designated officer respecting the exercise of the powers and the performance of the duties and functions of the Regulator delegated to him or her by the Regulator under section 7 or imposed on him or her by this Act and the designated officer must comply with those directions. R.S., 1985, c. N-26, s. 20 2019, c. 28, s. 120