National Energy Board Act (R.S.C., 1985, c. N-7)

Act current to 2013-04-29 and last amended on 2012-07-06. Previous Versions

Disallowance of Tariff

Marginal note:Disallowance of tariff

65. The Board may disallow any tariff or any portion thereof that it considers to be contrary to any of the provisions of this Act or to any order of the Board, and may require a company, within a prescribed time, to substitute a tariff satisfactory to the Board in lieu thereof, or may prescribe other tariffs in lieu of the tariff or portion thereof so disallowed.

  • R.S., c. N-6, s. 53.
Marginal note:Suspension of tariff

66. The Board may suspend any tariff or any portion thereof before or after the tariff goes into effect.

  • R.S., c. N-6, s. 54.

Discrimination

Marginal note:No unjust discrimination

67. A company shall not make any unjust discrimination in tolls, service or facilities against any person or locality.

  • R.S., c. N-6, s. 55.
Marginal note:Burden of proof

68. Where it is shown that a company makes any discrimination in tolls, service or facilities against any person or locality, the burden of proving that the discrimination is not unjust lies on the company.

  • R.S., c. N-6, s. 56.
Marginal note:No rebates, etc.

  • 69. (1) A company or shipper or an officer or an employee, or an agent or a mandatary, of the company or shipper who

    • (a) offers, grants, gives, solicits, accepts or receives a rebate, concession or discrimination, or

    • (b) knowingly is party or privy to a false billing, false classification, false report or other device,

    whereby a person obtains transmission of hydrocarbons or any other commodity by a company at a rate less than that named in the tariffs then in force, is guilty of an offence punishable on summary conviction.

  • Marginal note:Prosecution

    (2) No prosecution shall be instituted for an offence under this section without leave of the Board.

  • R.S., 1985, c. N-7, s. 69;
  • 1996, c. 10, s. 242;
  • 2004, c. 25, s. 153(E).
Previous Version

Contracts Limiting Liabilities

Marginal note:Contracts limiting liability of company

  • 70. (1) Except as provided in this section, no contract, condition or notice made or given by a company impairing, restricting or limiting its liability in respect of the transmission of hydrocarbons or any other commodity relieves the company from its liability, unless that class of contract, condition or notice is included as a term or condition of its tariffs as filed or has been first authorized or approved by order or regulation of the Board.

  • Marginal note:Board may determine limits

    (2) The Board may determine the extent to which the liability of a company may be impaired, restricted or limited as provided in this section.

  • Marginal note:Terms and conditions

    (3) The Board may prescribe the terms and conditions under which hydrocarbons or any other commodity may be transmitted by a company.

  • R.S., 1985, c. N-7, s. 70;
  • 1996, c. 10, s. 243.