PART VI TRANSMISSION AND DISTRIBUTION LINES
Right to enter land
98 (1) The following persons may enter on land at the intended location of any part of a proposed work and may make such surveys and examinations as are necessary for fixing the site of the work: 1.  Any person who has leave under this Part or a predecessor of this Part to construct the work. 2.  Any person who is exempted under section 95 from the requirement to obtain leave to construct the work. 3.  Where the proposed work is the expansion or reinforcement of a transmission or distribution system, any person who is required by the Board, pursuant to a condition of the person’s licence, to expand or reinforce the transmission or distribution system. 4.  The officers, employees and agents of a person described in paragraph 1, 2 or 3. 2006, c. 33, Sched. X, s. 2 (1). (1.1) Repealed: 2020, c. 36, Sched. 34, s. 6 (1). Order, hydrocarbon line (2) The Board may, on application, issue an order authorizing a person and the officers, employees and agents of that person to enter on land at the intended location of any part of a proposed hydrocarbon line and to make such surveys and examinations as are necessary for fixing the site of the hydrocarbon line and as are specified in the order if, (a)  the person has applied for leave under section 90 and has complied with section 94; or (b)  the person has applied to the Board for an exemption from the requirements of section 90 under section 95. 2020, c. 36, Sched. 34, s. 6 (1). Order, other works (3) Subject to subsection (4), the Board may, on application, issue an order authorizing a person and the officers, employees and agents of that person to enter on land intended for the proposed construction, expansion or reinforcement of an electricity distribution line or electricity transmission line or making of an interconnection, or for the development of any such proposed work, for any of the following purposes: 1.  To gather field data and conduct tests to facilitate the preparation of an environmental assessment under the Environmental Assessment Act in relation to the proposed work, or to facilitate the preparation of an application for any other permit or approval required for the proposed work. 2.  To determine the land required for the proposed construction, expansion, reinforcement or making of the work. 2020, c. 36, Sched. 34, s. 6 (1). Same (4) Subsection (3) applies if, (a)  either of the following applies with respect to the proposed work: (i)  proposed terms of reference for the preparation of an environmental assessment for the proposed work have been approved under subsection 6 (4) of the Environmental Assessment Act, or Note: On a day to be named by proclamation of the Lieutenant Governor, subclause 98 (4) (a) (i) of the Act is amended by striking out “subsection 6 (4)” and substituting “subsection 17.4 (10)”. (See: 2020, c. 36, Sched. 34, s. 6 (2)) (ii)  the applicant has issued an initial notification respecting the proposed work in accordance with the requirements of the document titled “Class Environmental Assessment for Minor Transmission Facilities”, as it is amended from time to time, that is published by and available from Hydro One Inc.; and Note: On a day to be named by proclamation of the Lieutenant Governor, subclause 98 (4) (a) (ii) of the Act is repealed and the following substituted: (See: 2020, c. 36, Sched. 34, s. 6 (3)) (ii)  the applicant has commenced, in accordance with the requirements of Part II.4 of the Environmental Assessment Act, the process for completing an environmental assessment under that Part; and (b)  any other requirements that are prescribed by the regulations have been met. 2020, c. 36, Sched. 34, s. 6 (1). Factors (5) In an application under subsection (3), the Board shall consider, (a)  whether, before applying, the applicant made reasonable efforts to obtain consent for entry onto the land from the owner of the land; and (b)  whether entry onto the land is needed for a purpose listed in subsection (3). 2020, c. 36, Sched. 34, s. 6 (1). Damages (6) Any damages resulting from an entry onto land carried out under subsection (1) or under an order made under subsection (2) or (3) shall be determined by agreement or, failing agreement, in the manner set out in section 100. 2020, c. 36, Sched. 34, s. 6 (1). Section Amendments with date in force (d/m/y) 2006, c. 33, Sched. X, s. 2 (1-3) - 22/02/2007 2020, c. 36, Sched. 34, s. 6 (1) - 08/12/2020; 2020, c. 36, Sched. 34, s. 6 (2, 3) - not in force