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

PART IIIReal Property

Marginal note:Commissioner’s lands

• 37 (1) If the Governor in Council is of the opinion that lands in Yukon are required temporarily or otherwise for the construction, maintenance or operation of the pipeline including, without limiting the generality of the foregoing, lands required for camps, roads and other related works, the Governor in Council may, by order, after consultation with the member of the Executive Council of Yukon who is responsible for the lands, take the administration and control of them from the Commissioner and transfer the administration of those lands to the Minister.

• Marginal note:Company to provide plans of lands required

  (2) Foothills Pipe Lines (South Yukon) Ltd. shall provide the Minister with a copy of all plans, profiles and books of reference certified by the designated officer pursuant to subsection 7(2) showing the real property in Yukon vested in Her Majesty in right of Canada that are required to permit construction of the pipeline.

• Marginal note:Grant of easement to company

  (3) Where Foothills Pipe Lines (South Yukon) Ltd. provides the Minister with a copy of the plans, profiles and books of reference referred to in subsection (2), the Governor in Council may authorize, on such terms and conditions as he considers appropriate, the grant of an easement to Foothills Pipe Lines (South Yukon) Ltd. for the construction of the pipeline and, on the giving of leave to open the last section or part of the pipeline by the Commission of the Regulator and subject to subsection (4), for the purpose of the operation and maintenance thereof.

• Marginal note:Company to file plan of survey

  (4) Within two years after leave to open the last section or part of the pipeline has been given by the Commission of the Regulator or any further period, not exceeding six months, that the Governor in Council may approve, Foothills Pipe Lines (South Yukon) Ltd. shall send to the Surveyor General at Ottawa a plan of survey under Part II of the Canada Lands Surveys Act, for confirmation by the Surveyor General under that Act, as an official plan in respect of lands in Yukon vested in Her Majesty in right of Canada required for the maintenance and operation of the pipeline.

PART IVGeneral

Offences

Marginal note:Offences

• 38 (1) Every person who wilfully and without lawful excuse fails to comply with

  • (a) a term or condition of a certificate of public convenience and necessity declared to be issued by subsection 21(1),

  • (b) an order issued by the Commission of the Regulator or the designated officer in relation to such a certificate, or

  • (c) any other provision of this Act,

  is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars.

• Marginal note:Officers, etc., of companies

  (2) Where a company commits an offence under this Act, any officer, director or agent of the company who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the company has been prosecuted or convicted.

• Marginal note:Continuing offence

  (3) Where an offence under this Act is committed or continued on more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.

• Marginal note:Limitation

  (4) Proceedings in respect of an offence under this Act may be instituted at any time within one year of the time the subject-matter of the proceedings arose.

• Marginal note:Consent of Attorney General of Canada

  (5) Proceedings in respect of an offence under this Act may not be instituted without the consent of the Attorney General of Canada.

Transitional

Marginal note:Transitional

39 When Part I, except sections 21, 29 and 30, ceases to be in force, any power given to the Minister, the Agency or the designated officer with respect to a certificate of public convenience and necessity declared to be issued by this Act is transferred to the Commission of the Regulator.

Termination of Part I

Marginal note:Part I ceases to apply

• 40 (1) Subject to subsection (2), section 4 and Part I, except sections 21, 29 and 30, cease to be in force one year after the day on which leave to open the last section or part of the pipeline is given by the Commission of the Regulator.

• Marginal note:Extension of Act

  (2) Where, prior to the day on which leave to open the last section or part of the pipeline is given by the Commission of the Regulator, a certificate of public convenience and necessity is issued for the construction of the lateral pipeline to transmit northern Canadian gas, referred to in the Agreement as the Dempster Line, and both Houses of Parliament, by joint resolution, direct that section 4 and that part of Part I that would cease to be in force under subsection (1) shall continue in force with such amendments as are provided in that resolution, section 4 and that part of Part I as amended by the joint resolution continue in force in accordance with that joint resolution.