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| Employer's
duty to
reinstate
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285.02 (1) If an officer or
non-commissioned member of the reserve
force is called out on service in respect of an
emergency, the officer's or member's
employer shall reinstate the officer or member
in employment at the expiry of that service.
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| Nature of
reinstatement
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(2) The officer or member must be
reinstated in a capacity and under terms and
conditions of employment no less favourable
to the officer or member than those that would
have applied if the officer or member had
remained in the employer's employment.
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| Officer or
member must
apply
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(3) An officer or member who wishes to be
reinstated must apply to the employer for
reinstatement within ninety days after the
expiry of the officer's or member's actual
service or service deemed extended by virtue
of section 285.03.
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| Exception
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(4) The employer's duty to reinstate an
officer or member does not apply in the
circumstances prescribed in regulations made
by the Governor in Council.
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| Application
procedure
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(5) The procedure for applying for
reinstatement is that prescribed in regulations
made by the Governor in Council.
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| Hospitalizatio
n or
incapacity
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285.03 If, immediately following the
officer's or member's service, the officer or
member is hospitalized or is physically or
mentally incapable of performing the duties of
the position to which the officer or member
would have been entitled on reinstatement,
the period of hospitalization or incapacity, to
a maximum prescribed in regulations made by
the Governor in Council, is deemed for the
purposes of this Part to be part of the period of
the officer's or member's service.
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| Benefits and
obligations on
reinstatement
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285.04 On reinstatement, an officer's or
member's benefits, and the employer's
obligations, in respect of remuneration,
pension, promotion, permanent status,
seniority, paid vacation and other employment
benefits shall be in accordance with
regulations made by the Governor in Council.
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| Agreements
or
arrangements
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285.05 Any agreement or arrangement
between an employer and an officer or
member respecting reinstatement continues in
force, except to the extent that it is less
advantageous to the officer or member than is
this Part.
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| Termination
without
reasonable
cause
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285.06 During the one-year period
following an officer's or member's
reinstatement,
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(a) the employer shall not terminate the
officer's or member's employment without
reasonable cause; and
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(b) if the employer terminates the officer's
or member's employment, the onus, in any
prosecution under section 285.08, is on the
employer to establish that the employer had
reasonable cause.
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| Reinstatement
Officers
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285.07 (1) The Minister may designate any
person as a Reinstatement Officer to assist in
the administration and enforcement of this
Part, and shall issue to a Reinstatement Officer
a certificate of designation.
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| Powers and
duties
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(2) The powers and duties of Reinstatement
Officers are those prescribed in regulations
made by the Governor in Council.
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| Requests for
information
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(3) A Reinstatement Officer may make
reasonable requests of an employer for
information relating to the reinstatement of an
officer or member.
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| Offence
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285.08 (1) Every employer who
contravenes section 285.02 or 285.06 or a
regulation made for the purpose of section
285.04 is guilty of an offence punishable on
summary conviction.
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| Additional
order
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(2) A court that convicts an employer of an
offence under subsection (1) may, in addition
to any other punishment that it imposes, order
the employer to pay to the officer or member
affected an amount that the court considers
reasonable in the circumstances.
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| Special case
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(3) The failure of an officer or member to
perform the duties of their position during a
period when the officer or member is being
assisted by a Reinstatement Officer is not
reasonable cause for terminating the officer's
or member's employment.
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| Offence
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285.09 Every person who fails to comply
with a reasonable request made under
subsection 285.07(3) is guilty of an offence
punishable on summary conviction.
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| Minister may
prosecute
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285.1 The Minister shall institute and
conduct a prosecution under section 285.08,
without cost to the officer or member, if the
Minister considers that the circumstances
warrant a prosecution under that section.
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| Time limit
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285.11 Proceedings may be instituted under
section 285.08 or 285.09 within, but not later
than, one year after the time when the
subject-matter of the proceedings arose.
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| Inconsistency
with other
laws
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285.12 In the event of any inconsistency
between this Part, or regulations made for the
purposes of this Part, and any other law, this
Part or the regulations prevail to the extent of
the inconsistency.
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| Consultation
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285.13 In the implementation of this Part,
the Minister
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(a) shall consult with the provincial
governments; and
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(b) may consult with any persons,
associations, bodies and authorities that the
Minister considers to be in a position to
assist the Minister.
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81. The Act is amended by replacing the
words ``Part VII'' with the words ``Part
VIII'' wherever they occur in the following
provisions:
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(a) the portion of subsection 2(2) before
paragraph (a); and
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(b) subsections 130(1) and (2).
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| R.S., c. N-7
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82. The National Energy Board Act is
amended by adding the following after
section 16.1:
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| Confidentialit
y
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16.2 In respect of any order, or in any
proceedings, of the Board under this Act, the
Board may take any measures and make any
order that the Board considers necessary to
ensure the confidentiality of information that
is contained in the order or is likely to be
disclosed in the proceedings if the Board is
satisfied that
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(a) there is a real and substantial risk that
disclosure of the information will impair
the security of pipelines, international
power lines, buildings, structures or
systems, including computer or
communication systems, or methods
employed to protect them; and
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(b) the need to prevent disclosure of the
information outweighs the public interest in
disclosure of orders and proceedings of the
Board.
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83. (1) Subsection 26(1) of the Act is
replaced by the following:
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| Study and
review
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26. (1) The Board shall study and keep
under review matters over which Parliament
has jurisdiction relating to
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(a) the exploration for, and the production,
recovery, manufacture, processing,
transmission, transportation, distribution,
sale, purchase, exchange and disposal of,
energy and sources of energy in and outside
Canada; and
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(b) the safety and security of pipelines and
international power lines.
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| Report and
recommendati
ons to
Minister
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(1.1) The Board shall report on the matters
referred to in subsection (1) from time to time
to the Minister and shall recommend to the
Minister such measures within the jurisdiction
of Parliament as it considers necessary or
advisable in the public interest for
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(a) the control, supervision, conservation,
use, marketing and development of energy
and sources of energy; and
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(b) the safety and security of pipelines and
international power lines.
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(2) The portion of subsection 26(2) of the
Act before paragraph (a) is replaced by the
following:
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| Request of
Minister
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(2) The Board shall, with respect to energy
matters, sources of energy and the safety and
security of pipelines and international power
lines,
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| 1994, c. 10,
s. 22
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(3) The portion of subsection 26(4) of the
Act before paragraph (a) is replaced by the
following:
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| Other
advisory
functions
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(4) The Board and its officers and
employees may, on request, provide advice
about energy matters, sources of energy and
the safety and security of pipelines and
international power lines to
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| 1990, c. 7,
s. 17
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84. (1) Subsection 48(1) of the Act is
replaced by the following:
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| Safety and
security
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48. (1) To promote the safety and security of
operation of a pipeline, the Board may order
a company to repair, reconstruct or alter part
of the pipeline, and may direct that, until the
work is done, that part of the pipeline not be
used or be used in accordance with such terms
and conditions as the Board may specify.
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| Other
measures
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(1.1) The Board may order a company to
take measures that the Board considers
necessary for the safety and security of a
pipeline.
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(2) Subsection 48(2) of the English
version of the Act is replaced by the
following:
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| Regulations as
to safety and
security
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(2) The Board may, with the approval of the
Governor in Council, make regulations
governing the design, construction, operation
and abandonment of a pipeline and providing
for the protection of property and the
environment and the safety and security of the
public and of the company's employees in the
construction, operation and abandonment of a
pipeline.
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| 1994, c. 10,
s. 25
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85. Paragraphs 49(1)(a) and (b) of the Act
are replaced by the following:
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(a) the safety and security of the public and
of a company's employees;
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(b) the protection of property and the
environment;
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(b.1) the safety and security of pipelines;
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| 1994, c. 10,
s. 25
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86. (1) The portion of subsection 51.1(1)
of the English version of the Act before
paragraph (a) is replaced by the following:
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| Grounds for
making order
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51.1 (1) An inspection officer who is
expressly authorized by the Board to make
orders under this section may make an order if
the inspection officer has reasonable grounds
to believe that a hazard to the safety or security
of the public or of employees of a company or
a detriment to property or the environment is
being or will be caused by
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| 1994, c. 10,
s. 25
|
(2) Paragraph 51.1(2)(b) of the English
version of the Act is replaced by the
following:
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(b) the company or any person involved in
the pipeline, the excavation activity or the
construction of the facility to take any
measure specified in the order to ensure the
safety or security of the public or of
employees of the company or to protect
property or the environment.
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| 1990, c. 7,
s. 23
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87. Section 58.12 of the Act is replaced by
the following:
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| Publication
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58.12 (1) The applicant shall publish a
notice of the application in the Canada
Gazette and such other publications as the
Board considers appropriate.
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| Waiver
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(2) The Board may waive the requirement
to publish a notice referred to in subsection (1)
if the Board considers that there is a critical
shortage of electricity caused by terrorist
activity within the meaning of subsection
83.01(1) of the Criminal Code.
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| 1990, c. 7,
s. 23
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88. Subsection 58.31(4) of the Act is
replaced by the following:
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| Directions
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(4) The Board may direct the owner of a
facility constructed across, on, along or under
a power line in contravention of this Act or the
Board's orders or regulations to do such things
as the Board considers necessary for the safety
or security of the power line and may, if the
Board considers that the facility may impair
the safety or security of the operation of the
power line, direct the owner to reconstruct,
alter or remove the facility.
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89. Subsection 81(4) of the English
version of the Act is replaced by the
following:
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| Terms of
leave
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(4) The Board may grant the application
referred to in subsection (3) on such terms and
conditions for the protection, safety or
security of the public as seem expedient to the
Board, and may order that such things be done
as under the circumstances appear to the
Board to be best adapted to remove or
diminish the danger arising or likely to arise
from the proposed operations.
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90. Section 82 of the Act is replaced by the
following:
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| Examination
of site of
mining
operations
|
82. If necessary in order to ascertain
whether any mining or prospecting operations
have been carried on so as to injure or be
detrimental to a pipeline or its safety or
security or the safety or security of the public,
a company may, with the written permission
of the Board and after giving twenty-four
hours notice in writing, enter on any lands
through or near which its pipeline passes
where any mining or prospecting operations
are being carried on, and enter into and return
from the site of the operations, and for those
purposes the company may make use of any
apparatus used in connection with the
operations and use all necessary means for
discovering the distance from its pipeline to
the place where the operations are being
carried on.
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| 1990, c. 7,
s. 28
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91. Subsection 112(4) of the Act is
replaced by the following:
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| Directions
|
(4) The Board may direct the owner of a
facility constructed across, on, along or under
a pipeline in contravention of this Act or the
Board's orders or regulations to do such things
as the Board considers necessary for the safety
or security of the pipeline and may, if the
Board considers that the facility may impair
the safety or security of the operation of the
pipeline, direct the owner to reconstruct, alter
or remove the facility.
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| 1990, c. 7,
s. 34
|
92. Section 119.04 of the Act is replaced
by the following:
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| Publication
|
119.04 (1) The applicant shall publish a
notice of the application in the Canada
Gazette and such other publications as the
Board considers appropriate.
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| Waiver
|
(2) The Board may waive the requirement
to publish a notice referred to in subsection (1)
if the Board considers that there is a critical
shortage of electricity outside Canada caused
by terrorist activity within the meaning of
subsection 83.01(1) of the Criminal Code.
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93. The Act is amended by adding the
following after section 130:
|
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| Security
regulations
|
131. (1) The Board may, with the approval
of the Governor in Council, make regulations
respecting the security of pipelines and
international power lines, including, without
limiting the generality of the foregoing,
regulations respecting standards, plans and
audits relating to the security of pipelines and
international power lines.
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| Offence and
punishment
|
(2) Every person who contravenes any of
the regulations made under subsection (1) is
guilty of an offence and liable
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(a) on summary conviction, to a fine not
exceeding one hundred thousand dollars or
to imprisonment for a term not exceeding
one year or to both; or
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(b) on conviction on indictment, to a fine
not exceeding five hundred thousand
dollars or to imprisonment for a term not
exceeding five years or to both.
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