GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
National Energy Board Rules of Practice and Procedure, 1995 — 45
45 (1) Upon receipt of an application for review or rehearing, the Board may, subject to subsection (2), (a) dismiss the application if the Board is of the view that the applicant has not (i) in the case of an application for review, raised a doubt as to the correctness of the Board’s decision or order, or (ii) in the case of an application for rehearing, established that a rehearing is required; or (b) issue an order granting a review or rehearing and issue such other order as the Board considers to be just and reasonable. (2) Before making a determination under subsection (1) the Board may (a) issue directions on procedure giving interested persons the opportunity to make submissions and indicating the manner of making the submissions (i) in the case of an application for review, on whether or not a doubt has been raised as to the correctness of the Board’s decision or order or, in the case of an application for rehearing, on whether or not a rehearing is required, (ii) on the merits of confirming, amending or overturning the Board’s decision or order or rehearing the application, and (iii) on the merits of granting the decision or order sought; or (b) determine that a review or rehearing is required and issue directions on procedure giving interested persons the opportunity to make submissions and indicating the manner of making the submissions (i) in the case of an application for review, on the merits of confirming, amending or overturning the Board’s decision or order or, in the case of an application for rehearing, on the merits of rehearing the original proceeding, and (ii) on the merits of granting the decision or order sought. SOR/99-380, s. 6(F)
National Energy Board Rules of Practice and Procedure, 1995 — 46
46 Directions on procedure issued pursuant to subsection 45(2) shall provide that (a) the applicant for a review or rehearing shall serve a copy of the directions on procedure on all parties to the original proceeding; (b) an interested person who files a submission with the Board shall serve a copy on the applicant for a review or rehearing and on all parties to the original proceeding; (c) the applicant for a review or rehearing shall be given an opportunity to reply to all submissions; and (d) the applicant for a review or rehearing shall file with the Board a copy of any reply and shall serve, on the same day, a copy of such reply on all parties to the original proceeding and on any interested person who has filed a submission. SOR/99-380, s. 6(F)
National Energy Board Rules of Practice and Procedure, 1995 — 47
47 (1) Any party may apply to the Board for an order, in the case of a review, staying the decision or order in respect of which the review is sought and, in the case of a rehearing, staying the original proceeding, pending the outcome of the review or rehearing. (2) Where an application for leave to appeal to the Federal Court of Appeal pursuant to subsection 22(1) of the Act has been made, any party may apply to the Board for an order staying the decision or order in respect of which leave to appeal is sought, pending the outcome of the appeal. (3) An application for a stay shall be in writing, signed by the applicant or the applicant’s authorized representative, filed with the Board and served on all parties to the original proceeding. (4) Upon receipt of an application for a stay, the Board may (a) make an order staying the order, decision or original proceeding; (b) dismiss the application for a stay; or (c) issue directions on procedure inviting submissions from interested persons on whether or not a stay should be granted. (5) Directions on procedure issued pursuant to paragraph (4)(c) shall provide that (a) the applicant for a stay shall serve a copy of the directions on procedure on all parties to the original proceeding; (b) an interested person filing a submission with the Board shall serve a copy of the submission on the applicant for a stay and all parties to the original proceeding; (c) the applicant for a stay be given an opportunity to reply to any submissions; and (d) the applicant for a stay shall file a copy of any reply with the Board and serve it on all parties to the original proceeding. SOR/99-380, s. 6(F)
National Energy Board Rules of Practice and Procedure, 1995 — 48
48 Sections 18 and 22 do not apply to proceedings under this Part.
National Energy Board Rules of Practice and Procedure, 1995 — 49
49 For the purposes of sections 50 to 52, applicant means a company that prepares and submits, under section 33 of the Act, a plan, profile and book of reference of a pipeline or an international or interprovincial power line to the Board.
National Energy Board Rules of Practice and Procedure, 1995 — 50
50 (1) Before any notice in respect of a plan, profile and book of reference of a pipeline or an international or interprovincial power line is served or published by an applicant under section 34 of the Act, the applicant shall (a) submit to the Board for approval as to form a sample notice for service and a sample notice for publication, both of which shall include a sample description of the proposed detailed route of the pipeline or the international or interprovincial power line that is to be included in each notice; or (b) identify in writing, for the approval of the Board, one or more forms of notices previously approved by the Board that the applicant proposes to serve or publish in relation to the plan, profile and book of reference. (2) The submission required under paragraph (1)(a) shall include (a) a copy of any map that the applicant proposes to publish; and (b) a list of the titles and the number of issues of the publications in which the applicant proposes to publish the notice. (3) Any notice served or published under section 34 of the Act shall not depart in any material respect from the notice approved by the Board under subsection (1).
National Energy Board Rules of Practice and Procedure, 1995 — 51
51 The Board shall, upon receipt of a written statement filed under subsection 34(3) or (4) of the Act, serve the applicant with a copy of the statement.
National Energy Board Rules of Practice and Procedure, 1995 — 52
52 Where an applicant completes the service and publication of any notice under section 34 of the Act, the applicant shall forthwith notify the Board in writing of the dates of the last such service and publication.
National Energy Board Rules of Practice and Procedure, 1995 — 53
53 In order for the Board to fix costs pursuant to section 39 of the Act, a person who has made representations to the Board at a hearing held pursuant to subsection 35(3) of the Act shall prepare an itemized statement of the actual costs reasonably incurred by the person for the purposes of that hearing and shall send, on the same day by registered mail, a copy of the statement to the Board and to the company whose pipeline or international or interprovincial power line route is the subject of the hearing. SOR/98-355, s. 1(F)
National Energy Board Rules of Practice and Procedure, 1995 — 54
54 (1) Where a company receives a copy of a statement of costs in accordance with section 53 and does not pay the costs in full within 60 days after the date of mailing of the statement, the person who sent the statement may request the Board to fix the amount to be paid by the company. (2) A company that receives a copy of a statement of costs referred to in section 53 may request the Board to fix the amount to be paid by the company. (3) Any request referred to in this section shall be in writing and the person or company making the request shall send, on the same day by registered mail, a copy of the request to the Board and to the company or person, as the case may be. (4) The Board may appoint a member of its staff to mediate between the company and the person involved in a request referred to in this section with a view to obtaining an agreement as to the amount of costs to be paid by the company. (5) Where no agreement is reached within 20 days after the appointment of a mediator, the Board shall give notice to the person and the company, and commence proceedings to fix the amount of costs to be paid.
National Energy Board Rules of Practice and Procedure, 1995 — 55
55 (1) To apply for a right of entry order under section 104 of the Act, a company shall, after serving the owner of the lands with the notice described in subsection 104(2) of the Act, file an application with the Board not less than 30 days and not more than 60 days after the date of service of the notice on the owner. (2) The application must be served on the owner of the lands on the same day that the application is filed with the Board. (3) The application must contain (a) a copy of the notice described in subsection 104(2) of the Act; (b) evidence that the notice has been served on the owner of the lands (i) not less than 30 days and not more than 60 days prior to filing the application with the Board, and (ii) in accordance with subsection 8(8) or in any manner ordered by the Board under the National Energy Board Substituted Service Regulations ; (c) a schedule that is proposed to be made part of the order sought and that contains, in a form suitable for depositing, registering, recording or filing against lands in the land registry or land titles office in which land transactions affecting those lands may be deposited, registered, recorded or filed, a description of (i) the lands in respect of which the order is sought, (ii) the rights, titles or interests applied for in respect of the lands, and (iii) any rights, obligations, restrictions or terms and conditions that are proposed to attach (A) to the rights, titles or interests applied for in respect of the lands, (B) to any remaining interest or interests, or (C) to any adjacent lands of the owner; (d) a current abstract of title to the lands, a certified copy of the certificate of title to the lands or a certified statement of rights registered in the land registers for the lands; (e) a copy of section 56; and (f) evidence that the application, including the information set out in paragraphs (a) to (e), has been served on the owner of the lands. SOR/2001-30, s. 1
National Energy Board Rules of Practice and Procedure, 1995 — 56
56 (1) An owner of lands for which a right of entry order is sought who wishes to object to the application shall file the objection with the Board no later than ten days after the date that the application is served on the owner by the company. (2) Where an owner of lands files an objection in accordance with subsection (1), the owner shall, on the same day that the objection is filed with the Board, serve the objection on the company at the address shown in the notice served on the owner by the company. (3) A company that receives an objection under subsection (2) shall file with the Board a reply to the objection, or a statement that it does not wish to respond to the objection, within seven days after the date that the objection is served on the company by the owner of the lands. (4) Where a company files a reply to an objection, the company shall serve the reply on the owner of the lands on the same day that the reply is filed with the Board. SOR/2001-30, s. 1
National Energy Board Rules of Practice and Procedure, 1995 — National Energy Board Rules of Practice and Procedure, 1995
You are hereby required to attend before the Board at the of in the Province of on day, the day of , 20 at the hour of o’clock in the noon, and so from day to day until the above matter is heard, to give evidence on behalf of and also to bring with you and produce at the time and place aforesaid the following documents, VIZ: ( specify documents )
National Energy Board Rules of Practice and Procedure, 1995 — National Energy Board Rules of Practice and Procedure, 1995
IN WITNESS THEREOF this subpoena is signed for the National Energy Board by its Secretary at Calgary, Alberta this day of , 20
National Energy Board Rules of Practice and Procedure, 1995 — National Energy Board Rules of Practice and Procedure, 1995
Note : Subsection 40(3) of the National Energy Board Rules of Practice and Procedure, 1995 provides as follows: “No person served with a subpoena is required to appear before the Board pursuant to the subpoena unless the person has been paid or tendered conduct money in an amount sufficient to cover the person’s reasonable fees and travelling expenses.”
National Energy Board Rules of Practice and Procedure, 1995 — National Energy Board Rules of Practice and Procedure, 1995
“No person served with a subpoena is required to appear before the Board pursuant to the subpoena unless the person has been paid or tendered conduct money in an amount sufficient to cover the person’s reasonable fees and travelling expenses.”
Plant Protection Regulations — *
His Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and Agri-Food, pursuant to subsection 32(1) and section 47 * of the Plant Protection Act ** , is pleased hereby to repeal the Plant Quarantine Regulations , C.R.C., c. 1273, and the Emergency Plant Infestation Regulations , made by Order in Council P.C. 1979-2304 of August 24, 1979 *** , and to make the annexed Regulations respecting the prevention of the importation, exportation and spreading of pests injurious to plants and provision for their control and eradication, and for the certification of plants and other things , in substitution therefor. * S.C. 1993, c. 34, s. 103 ** S.C. 1990, c. 22 *** SOR/79-642, 1979 Canada Gazette Part II, p. 3113
Plant Protection Regulations — 2
2 In these Regulations, Act means the Plant Protection Act ; ( Loi ) activity , in respect of a thing, means the processing, handling, packaging, labelling, distributing, sale, disposition, loading, unloading, movement, use, treatment, preservation, safeguarding or storage of the thing, and includes any activity referred to in subsection 6(1) of the Act; ( activité ) Agency means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act ; ( Agence ) infested means that a pest is present in or on a thing or place or that the thing or place is so exposed to a pest that one can reasonably suspect that the pest is in or on the thing or place; ( infesté ) ( parasité ) Movement Certificate means a document, issued pursuant to the Act and signed by an inspector, that authorizes the movement of things within Canada or from Canada to a foreign destination; ( certificat de circulation ) permit means a permit to import a thing issued by the Minister pursuant to subsection 32(1) or 43(1); ( permis ) pest risk assessment means a pest risk assessment conducted by the Minister in accordance with the principles of the International Standards for Phytosanitary Measures, Part I — Import Regulations, Guidelines for Pest Risk analysis , published by the Food and Agriculture Organization of the United Nations, as amended from time to time, with the definition pest in those guidelines being replaced by the definition pest in section 3 of the Act, for the purpose of (a) determining if a thing is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, (b) recommending actions, as applicable, (i) to prevent the introduction into Canada or the spread within or from Canada of any pest or biological obstacle to the control of a pest, or (ii) to control a pest or to eradicate a pest or biological obstacle to the control of a pest, (c) determining if a thing that is a pest or biological obstacle to the control of a pest has a significant adverse effect on the environment, and (d) minimizing the degradation of environmental quality with respect to Canadian flora; ( analyse du risque phytosanitaire ) quarantine means the confinement of a thing for a period and includes confinement for the purposes of (a) observation, inspection, testing or analysis of a thing to determine if the thing is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, or (b) preventing the spread of a pest or biological obstacle to the control of a pest; ( quarantaine ) send includes electronic transmittal and mail. ( envoyer ) SOR/97-292, s. 30; SOR/2003-6, s. 98; SOR/2009-326, s. 1(F)
Plant Protection Regulations — Plant Protection Regulations
Act means the Plant Protection Act ; ( Loi )
Plant Protection Regulations — Plant Protection Regulations
activity , in respect of a thing, means the processing, handling, packaging, labelling, distributing, sale, disposition, loading, unloading, movement, use, treatment, preservation, safeguarding or storage of the thing, and includes any activity referred to in subsection 6(1) of the Act; ( activité )
Plant Protection Regulations — Plant Protection Regulations
Agency means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act ; ( Agence )
Plant Protection Regulations — Plant Protection Regulations
infested means that a pest is present in or on a thing or place or that the thing or place is so exposed to a pest that one can reasonably suspect that the pest is in or on the thing or place; ( infesté ) ( parasité )
Plant Protection Regulations — Plant Protection Regulations
Movement Certificate means a document, issued pursuant to the Act and signed by an inspector, that authorizes the movement of things within Canada or from Canada to a foreign destination; ( certificat de circulation )
Plant Protection Regulations — Plant Protection Regulations
permit means a permit to import a thing issued by the Minister pursuant to subsection 32(1) or 43(1); ( permis )
Plant Protection Regulations — (a)
pest risk assessment means a pest risk assessment conducted by the Minister in accordance with the principles of the International Standards for Phytosanitary Measures, Part I — Import Regulations, Guidelines for Pest Risk analysis , published by the Food and Agriculture Organization of the United Nations, as amended from time to time, with the definition pest in those guidelines being replaced by the definition pest in section 3 of the Act, for the purpose of (a) determining if a thing is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, (b) recommending actions, as applicable, (i) to prevent the introduction into Canada or the spread within or from Canada of any pest or biological obstacle to the control of a pest, or (ii) to control a pest or to eradicate a pest or biological obstacle to the control of a pest, (c) determining if a thing that is a pest or biological obstacle to the control of a pest has a significant adverse effect on the environment, and (d) minimizing the degradation of environmental quality with respect to Canadian flora; ( analyse du risque phytosanitaire )
Plant Protection Regulations — (a)
quarantine means the confinement of a thing for a period and includes confinement for the purposes of (a) observation, inspection, testing or analysis of a thing to determine if the thing is a pest, is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest, or (b) preventing the spread of a pest or biological obstacle to the control of a pest; ( quarantaine )
Plant Protection Regulations — Plant Protection Regulations
send includes electronic transmittal and mail. ( envoyer )
Plant Protection Regulations — 3
3 An inspector may, as appropriate in the circumstances for the purpose of eradicating a pest or preventing its spread, take one or more of the actions that the inspector is authorized to take under the Act or any regulation or order made under the Act if (a) after a pest risk assessment, the Minister or an inspector believes on reasonable grounds that a thing is a pest, or a thing or place is or could be infested or constitutes or could constitute a biological obstacle to the control of a pest; and (b) the Minister determines that it is necessary and cost-justifiable to take pest control measures. SOR/2009-326, s. 2
Plant Protection Regulations — 4
4 For the purposes of section 5 of the Act, the specimen of a suspected pest that is to be provided to the Minister shall be treated, packaged, contained and moved in such a manner as to prevent the suspected pest from escaping.
Plant Protection Regulations — 5
5 (1) For the purposes of subsection 6(1) of the Act, a person may undertake any activity referred to in that subsection in respect of a thing that is a pest, is or could be infested or is or could constitute a biological obstacle to the control of a pest if (a) the Minister or an inspector determines that the activity is for the purpose of scientific research, educational, processing, industrial or exhibition purposes; (b) the person obtains a written authorization issued by the Minister or an inspector in accordance with subsection (2); (c) the thing is packaged, transported, handled, controlled and used in a manner that ensures a pest or biological obstacle to the control of a pest is not spread within or from Canada; (d) the thing is moved in accordance with the requirements of Part III; and (e) where the thing or any remains of the thing or portion thereof is to be disposed of, the owner or the person having the possession, care or control of the thing, remains or portion thereof disposes of it in a manner that (i) ensures that a pest or biological obstacle to the control of a pest will not spread, and (ii) destroys any pest or biological obstacle to the control of a pest or ensures that the pest or biological obstacle to the control of a pest is non-viable. (2) Subject to paragraph (1)(a), the Minister or an inspector shall issue a written authorization in respect of any activity referred to in subsection 6(1) of the Act where the Minister or an inspector determines that the person is able and willing to comply with paragraphs (1)(c), (d) and (e) and with the conditions set out in the authorization and will take every precaution to prevent the spread of any pest or biological obstacle to the control of a pest. (3) A written authorization referred to in subsection (2) may set out the conditions under which any activity referred to in subsection 6(1) of the Act may be undertaken in respect of the thing to prevent the spread within or from Canada of a pest or a biological obstacle to the control of a pest. (4) A person who obtains a written authorization referred to in subsection (2) shall comply with all the conditions set out in the authorization. (5) Subject to section 21, a person is not required to obtain a written authorization referred to in paragraph (1)(b) of these Regulations or in subsection 6(2) of the Act where the person is acting for or on behalf of Her Majesty in right of Canada and (a) is acting for any of the purposes set out in section 2 of the Act or in respect to the application of the Act or any regulation or order made thereunder; or (b) is moving a thing for the purpose of administering any other Act. SOR/2002-438, s. 19(F)
Plant Protection Regulations — 6
6 (1) An inspector or a peace officer acting on the request of an inspector may affix a seal to a conveyance or any other thing. (2) Each seal shall bear a number and the inscription “CANADA — C.F.I.A./A.C.I.A.”. (3) No person, other than an inspector or a person authorized in writing by an inspector, shall have a seal bearing the information referred to in subsection (2) or any facsimile thereof in the person’s possession, custody or control. SOR/2000-184, s. 81
Plant Protection Regulations — 7
7 (1) Except as authorized by an inspector pursuant to subsection (2), no person, other than an inspector, shall remove, break, tamper with or alter a seal. (2) Where it would be impracticable for an inspector to remove or break a seal, any inspector may authorize any person in writing to do so on the inspector’s behalf. (3) An owner or a person having the possession, care or control of a conveyance or any other thing on which a seal is affixed, shall ensure that the seal is not removed, broken, tampered with or altered except in accordance with this section.