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

Marginal note:Duty of pipeline company

• 71. (1) Subject to such exemptions, conditions or regulations as the Board may prescribe, a company operating a pipeline for the transmission of oil shall, according to its powers, without delay and with due care and diligence, receive, transport and deliver all oil offered for transmission by means of its pipeline.

• Marginal note:Orders for transmission of commodities

  (2) The Board may, by order, on such terms and conditions as it may specify in the order, require the following companies to receive, transport and deliver, according to their powers, a commodity offered for transmission by means of a pipeline:

  • (a) a company operating a pipeline for the transmission of gas; and

  • (b) a company that has been issued a certificate under Part III authorizing the transmission of a commodity other than oil.

• Marginal note:Extension of facilities

  (3) The Board may, if it considers it necessary or desirable to do so in the public interest, require a company operating a pipeline for the transmission of hydrocarbons, or for the transmission of any other commodity authorized by a certificate issued under Part III, to provide adequate and suitable facilities for

  • (a) the receiving, transmission and delivering of the hydrocarbons or other commodity offered for transmission by means of its pipeline,

  • (b) the storage of the hydrocarbons or other commodity, and

  • (c) the junction of its pipeline with other facilities for the transmission of the hydrocarbons or other commodity,

  if the Board finds that no undue burden will be placed on the company by requiring the company to do so.

Marginal note:Extension of services of gas pipeline companies

• 72. (1) Where the Board finds such action necessary or desirable in the public interest, it may direct a company operating a pipeline for the transmission of gas to extend or improve its transmission facilities to provide facilities for the junction of its pipeline with any facilities of, and sell gas to, any person or municipality engaged or legally authorized to engage in the local distribution of gas to the public, and for those purposes to construct branch lines to communities immediately adjacent to its pipeline, if the Board finds that no undue burden will be placed on the company thereby.

• Marginal note:Limitation on extension

  (2) Subsection (1) does not empower the Board to compel a company to sell gas to additional customers if to do so would impair its ability to render adequate service to its existing customers.

• Marginal note:Deemed toll for transmission

  (3) Where the gas transmitted by a company through its pipeline is the property of the company, the differential between the cost to the company of the gas at the point where it enters its pipeline and the amount for which the gas is sold by the company shall, for the purposes of this Part, be deemed to be a toll charged by the company to the purchaser for the transmission of that gas.