Bill C-42

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First Reading

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	General
Inconsistency with other laws	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.
Consultation	285.13 In the implementation of this Part, the Minister
	(a) shall consult with the provincial governments; and
	(b) may consult with such persons, associations, bodies and authorities that the Minister considers to be in a position to assist the Minister.
	PART VIII
	OFFENCES TRIABLE BY CIVIL COURTS
	Application
	90. Section 288 of the Act is replaced by the following:
Breach of regulations respecting defence establishments , military security zones, works and materiel	288. Every person who contravenes regulations respecting the access to, exclusion from, and safety and conduct of any persons in, on or about any defence establishment, military security zone , work for defence or materiel is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding twelve months or to both.
	91. The Act is amended by replacing the words ``Part VII'' with the words ``Part VIII'' wherever they occur in the following provisions:
	(a) the portion of subsection 2(2) before paragraph (a); and
	(b) subsections 130(1) and (2).
	PART 11
R.S., c. N-7	NATIONAL ENERGY BOARD ACT
	*92. The National Energy Board Act* is amended by adding the following after section 16.1:**
Confidentialit y	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
	(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
	(b) the need to prevent disclosure of the information outweighs the public interest in disclosure of orders and proceedings of the Board.
	93. (1) Subsection 26(1) of the Act is replaced by the following:
Study and review	26. (1) The Board shall study and keep under review matters over which Parliament has jurisdiction relating to
	(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
	(b) the safety and security of pipelines and international power lines.
Report and recommendati ons to Minister	(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
	(a) the control, supervision, conservation, use, marketing and development of energy and sources of energy; and
	(b) the safety and security of pipelines and international power lines.
	(2) The portion of subsection 26(2) of the Act before paragraph (a) is replaced by the following:
Request of Minister	(2) The Board shall, with respect to energy matters, sources of energy and the safety and security of pipelines and international power lines,
1994, c. 10, s. 22	(3) The portion of subsection 26(4) of the Act before paragraph (a) is replaced by the following:
Other advisory functions	(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
1990, c. 7, s. 17	94. (1) Subsection 48(1) of the Act is replaced by the following:
Safety and security	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.
Other measures	(1.1) The Board may order a company to take measures that the Board considers necessary for the safety and security of a pipeline.
	(2) Subsection 48(2) of the English version of the Act is replaced by the following:
Regulations as to safety and security	(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.
1994, c. 10, s. 25	95. Paragraphs 49(1)(a) and (b) of the Act are replaced by the following:
	(a) the safety and security of the public and of a company's employees;
	(b) the protection of property and the environment;
	(b.1) the safety and security of pipelines;
1994, c. 10, s. 25	96. (1) The portion of subsection 51.1(1) of the English version of the Act before paragraph (a) is replaced by the following:
Grounds for making order	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
1994, c. 10, s. 25	(2) Paragraph 51.1(2)(b) of the English version of the Act is replaced by the following:
	(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.
1990, c. 7, s. 23	97. Section 58.12 of the Act is replaced by the following:
Publication	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.
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.
1990, c. 7, s. 23	98. Subsection 58.31(4) of the Act is replaced by the following:
Directions	(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.
	99. Subsection 81(4) of the English version of the Act is replaced by the following:
Terms of leave	(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.
	100. Section 82 of the Act is replaced by the following:
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.
1990, c. 7, s. 28	101. Subsection 112(4) of the Act is replaced by the following:
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.
1990, c. 7, s. 34	102. Section 119.04 of the Act is replaced by the following:
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.
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.
	103. The Act is amended by adding the following after section 130:
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.
Offence and punishment	(2) Every person who contravenes any of the regulations made under subsection (1) is guilty of an offence and liable
	(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
	(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.
	PART 12
R.S., c. N-22	NAVIGABLE WATERS PROTECTION ACT
	*104. The definition ``Minister'' in section 2 of the Navigable Waters Protection Act* is replaced by the following:**
``Minister'' « ministret »	``Minister'' means the Minister of Fisheries and Oceans ;
	105. The Act is amended by adding the following after section 13:
	Interim Orders
Interim orders	13.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Part if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to safety or security.
Cessation of effect	(2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of
	(a) 90 days after it is made, unless it is approved by the Governor in Council,
	(b) the day on which it is repealed,
	(c) the day on which a regulation made under this Part, that has the same effect as the interim order, comes into force, and
	(d) one year after the interim order is made or any shorter period that may be specified in the interim order.
Contravention of unpublished order	(3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.
Exemption from Statutory Instruments Act	(4) An interim order
	(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and
	(b) shall be published in the Canada Gazette within 23 days after it is made.
Deeming	(5) For the purpose of any provision of this Part other than this section, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.
	106. The Act is amended by adding the following after section 31: