My favourite sections of Canada’s National Energy Board Act — NOT

by Jack Locke

When pipeline companies can supercede all rights of citizens, there is a problem. When pipeline companies can take “Indian lands” without needing the consent of “Indians”, there is a problem. Welcome to Canada.

From Canada’s National Energy Board Act:

 A company may, for the purposes of its undertaking, subject to this Act and to any Special Act applicable to it,

  • (a) enter into and on any Crown land without previous licence therefor, or into or on the land of any person, lying in the intended route of its pipeline, and make surveys, examinations or other necessary arrangements on the land for fixing the site of the pipeline, and set out and ascertain such parts of the land as are necessary and proper for the pipeline;

  • (b) purchase, take and hold of and from any person any land or other property necessary for the construction, maintenance and operation of its pipeline and sell or otherwise dispose of any of its land or property that for any reason has become unnecessary for the purpose of the pipeline;

  • (c) construct, lay, carry or place its pipeline across, on or under the land of any person on the located line of the pipeline;

  • (d) join its pipeline with the transmission facilities of any other person at any point on its route;

  • (e) construct, erect and maintain all necessary and convenient roads, buildings, houses, stations, depots, wharves, docks and other structures, and construct, purchase and acquire machinery and other apparatus necessary for the construction, maintenance and operation of its pipeline;

  • (f) construct, maintain and operate branch lines, and for that purpose exercise all the powers, privileges and authority necessary therefor, in as full and ample a manner as for a pipeline;

  • (g) alter, repair or discontinue the works mentioned in this section, or any of them, and substitute others in their stead;

  • (h) transmit hydrocarbons by pipeline and regulate the time and manner in which hydrocarbons shall be transmitted, and the tolls to be charged therefor; and

  • (i) do all other acts necessary for the construction, maintenance and operation of its pipeline.

Indian lands
  •  (1) No company shall take possession of or occupy lands in an Indian reserve without the consent of the Governor in Council.

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