Northern Pipeline Act (R.S.C., 1985, c. N-26)

Short Title

Marginal note:Short title

1 This Act may be cited as the Northern Pipeline Act.

Interpretation

Marginal note:Definitions

• 2 (1) In this Act,

  Administrator

  Administrator means the Administrator of the Agency appointed or designated pursuant to subsection 6(2); (Directeur)

  Agency

  Agency means the Northern Pipeline Agency established by subsection 5(1); (Administration)

  Agreement

  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

  Board[Repealed, 2019, c. 28, s. 116]

  Commissioner

  Commissioner means the Commissioner of the Agency appointed pursuant to subsection 6(1); (Directeur général)

  company

  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

  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

  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

  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

  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

  Regulator means the Canadian Energy Regulator established under the Canadian Energy Regulator Act. (Régie)

• Marginal note: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.

• Marginal note: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.

Her Majesty

Marginal note:Binding on Her Majesty

3 This Act is binding on Her Majesty.

Objects

Marginal note: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.

PART INorthern Pipeline Agency

Establishment of Agency

Marginal note: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.

• Marginal note:Minister

  (2) The Minister has the management and direction of the Agency.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

• Marginal note: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).

Marginal note: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.

Offices

Marginal note:Offices

11 Offices of the Agency may be established at such places in Canada as the Minister considers appropriate.

Staff

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Annual Report

13 [Repealed, 2012, c. 19, s. 177]

Marginal note: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.

Transfer of Powers

Marginal note: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.