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.
(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).
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.
Transmission, etc., of Oil or Gas
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.
- R.S., 1985, c. N-7, s. 71;
- 1996, c. 10, s. 243.1;
- 2012, c. 19, s. 89.
- Date modified: