If pipeline affixed to any real property or immovables

If pipeline affixed to any real property or immovables

224 (1) Despite the other provisions of this Act, or any general or Special Act or law, if any section or part of a company’s pipeline passes on, over, along or under a utility, as defined in subsection 217(6) — or passes in, on, over, under, through or across a navigable water — and that section or part of the pipeline has been affixed to any real property or immovable in any of the circumstances referred to in subsection (2), (a) that section or part of the pipeline remains subject to the rights of the company and remains the property of the company as fully as it was before being affixed and does not become part of the real property or immovable of any person other than the company unless otherwise agreed by the company in writing and unless notice of the agreement in writing has been filed with the Regulator; and (b) subject to the other provisions of this Act, the company may create a lien, mortgage, charge or other security, or the company may constitute a hypothec, on that section or part of the pipeline. (2) The following are the circumstances for the purposes of subsection (1): (a) leave has been obtained under subsection 217(2) or (5) in respect of the pipeline; (b) the certificate issued, or the order made under section 214, in respect of the pipeline contains a condition relating to the utility; (c) the pipeline has been constructed in circumstances specified in an order or regulation made under subsection 217(4); (d) a certificate has been issued, or an order has been made under section 214, in respect of the pipeline and the pipeline passes in, on, over, under, through or across a navigable water; and (e) leave has been obtained under section 108 of the National Energy Board Act in respect of the pipeline at any time before July 3, 2013.