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

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13 [Repealed, 2012, c. 19, s. 177]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.

Marginal note: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.

Marginal note: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.

Federal-Provincial Consultative Council

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Advisory Councils

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Canadian Energy Regulator

Marginal note: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.

• Marginal note: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.

Certificates

Marginal note:Certificate issued

• 21 (1) A certificate of public convenience and necessity in respect of the pipeline is hereby declared to be issued to each company listed in Schedule II for that portion of the route indicated in the Agreement in respect of that company.

• Marginal note:Certificate considered to be issued by Board

  (2) A certificate of public convenience and necessity declared to be issued by subsection (1) is considered to be a certificate issued under section 52 of the National Energy Board Act on April 13, 1978.

• Marginal note:Terms and conditions

  (3) Every certificate declared to be issued by subsection (1) is subject to the terms and conditions set out in Schedule III.

• Marginal note:Amendments of terms and conditions

  (4) The Commission of the Regulator or the designated officer may rescind, amend or add to the terms and conditions set out in Schedule III or deemed to be set out therein but no rescission of or amendment to such a term or condition or addition of a term or condition is effective without the approval of the Governor in Council.

• Marginal note:Application of Foreign Investment Review Act

  (5) Where any question arises under Schedule III whether a person is or is not a non-eligible person within the meaning of the Foreign Investment Review Act, chapter 46 of the Statutes of Canada, 1973-74, that person shall apply under subsection 4(1) of that Act for a statement in writing from the Minister referred to in that subsection to the effect that the person is not a non-eligible person within the meaning of that Act and that Minister shall deal with the application in the same manner as if it were an application for an opinion pursuant to a question arising under that Act, and any statement in writing furnished by that Minister is binding in accordance with that subsection but only for the purposes of this Act.

• Marginal note:Shareholder agreement not to be amended

  (6) Every certificate of public convenience and necessity declared to be issued by this Act is subject to the condition that Westcoast Transmission Company Limited, Alberta Gas Trunk Line Company Limited and Foothills Pipe Lines (Yukon) Ltd. shall not, without the prior approval of the Governor in Council and the Commission of the Regulator, terminate, alter or amend the shareholders agreement entered into by those companies dated August 4, 1977 as amended prior to February 3, 1978.

Marginal note:Powers of designated officer

• 22 (1) The designated officer may, with the concurrence of the Minister, issue such orders and directions to the companies and grant such approvals to them as may be necessary to carry out the terms and conditions set out in Schedule III.

• Marginal note:Deemed undertakings

  (2) Every undertaking given by Foothills Pipe Lines (Yukon) Ltd., the Alberta Gas Trunk Line (Canada) Limited, Westcoast Transmission Company Limited and Alberta Natural Gas Company Ltd. and in the submission of the Alberta Gas Trunk Line Company Limited to the Board, as amended during the Hearing, is deemed to be

  • (a) an undertaking of every company in so far as the undertaking relates to the company and to the portion of the route indicated in the Agreement in respect of that company; and

  • (b) a term or condition set out in Schedule III.

Marginal note:Publication and report

23 A direction issued by the Governor in Council under subsection 20(1) or (2) or an approval under subsection 21(4) shall be published forthwith in the Canada Gazette and the Minister shall cause a copy of the direction or approval to be laid before Parliament on any of the first fifteen days that either House of Parliament is sitting after the direction or approval is given.

Judicial Matters

Marginal note:Decision or order final

• 24 (1) A decision or order of the Commission of the Regulator in relation to the pipeline is valid and effective, final and conclusive and, except as provided in subsection (2), no such decision or order or any proceeding of the Commission of the Regulator resulting in the issue of such a decision or order is subject to any proceeding by way of appeal or review in any court or to be questioned, enjoined, prohibited, removed, restrained, set aside or otherwise affected by any such proceeding.

• Marginal note:Judicial review

  (2) Where a person is directly affected by a decision or order of the Commission of the Regulator in relation to the pipeline, that person may apply for a review of the decision or order under the Federal Courts Act by filing a notice of the application in the Federal Court of Appeal within thirty days after the decision or order is made or within such further time as the Court or a judge thereof may, either before or after the expiration of those thirty days, fix or allow.