Methods of acquisition or lease

Methods of acquisition or lease

321 (1) Subject to subsection (2), a company may acquire or lease lands for a pipeline under a land acquisition or lease agreement entered into between the company and the owner of the lands or, in the absence of such an agreement, in accordance with this Part. (2) A company must not acquire or lease lands for a pipeline under an agreement referred to in subsection (1) unless the agreement includes provision for (a) compensation for the acquisition or lease of lands to be made, at the option of the owner of the lands, by one lump sum payment or by periodic payments of equal or different amounts over a specified period of time; (b) review every five years of the amount of any compensation payable in respect of which periodic payments have been selected; (c) compensation for damages caused by the company’s operations, pipelines or abandoned pipelines; (d) indemnification from all liabilities, damages, claims, suits and actions resulting from the company’s operations, pipelines or abandoned pipelines, other than liabilities, damages, claims, suits and actions resulting from (i) in Quebec, the gross or intentional fault of the owner of the lands, and (ii) elsewhere in Canada, the gross negligence or wilful misconduct of the owner of the lands; (e) restriction of the use of the lands to the line of pipe or other facility for which the lands are, by the agreement, specified to be required unless the owner of the lands consents to any proposed additional use at the time of the proposed additional use; (f) compensation to the owner of the lands if the use of those lands is restricted by the operation of section 335; (g) compensation to the owner of the lands for any adverse effect on the remaining lands of the owner, including the restriction of their use by the operation of section 335; and (h) any additional terms that are, at the time the agreement is entered into, required to be included in it by any regulations made under paragraph 333(d).