Budget and Economic Statement Implementation Act, 2007 (S.C. 2007, c. 35)
Full Document:
Assented to 2007-12-14
150. The Act is amended by adding the following after section 13:
PART 0.1TRAFFIC, TOLLS AND TARIFFS
Interpretation
Marginal note:Definitions
13.01 The following definitions apply in this Part.
“holder”
« titulaire »
“holder” means a holder of an authorization to construct or operate a pipeline issued under paragraph 5(1)(b).
“tariff”
« tarif »
“tariff” means a schedule of tolls, terms and conditions, classifications, practices or rules and regulations applicable to the provision of a service by a holder and includes rules respecting the calculation of tolls.
“toll”
« droit »
“toll” includes any rate, charge or allowance charged or made
(a) for the shipment, transportation, transmission, care, handling or delivery of oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas that is transmitted through a pipeline, or for storage or demurrage or the like;
(b) for the provision of a pipeline when the pipeline is available and ready to provide for the transmission of oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas; and
(c) in respect of the purchase and sale of gas that is the property of a holder and that is transmitted by the holder through its pipeline, from which is subtracted the cost to the holder of the gas at the point where it enters the pipeline.
Powers of Board
Marginal note:Regulation of traffic, etc.
13.02 The National Energy Board may make orders with respect to all matters relating to traffic, tolls or tariffs.
Filing of Tariff
Marginal note:Tolls to be filed
13.03 (1) A holder shall not charge any tolls except tolls that are
(a) specified in a tariff that has been filed with the National Energy Board and is in effect; or
(b) approved by an order of the Board.
Marginal note:Tariff — gas
(2) If gas transmitted by a holder through its pipeline is the property of the holder, the holder shall file with the National Energy Board true copies of all the contracts it makes for the sale of the gas, at the time they are made, and any amendments to those contracts made from time to time, and the true copies constitute, for the purposes of this Part, a tariff under subsection (1).
Marginal note:Commencement of tariff
13.04 If a holder files a tariff with the National Energy Board and the holder proposes to charge a toll referred to in paragraph (b) of the definition “toll” in section 13.01, the Board may establish the day on which the tariff is to come into effect and the holder shall not begin charging the toll before that day.
Just and Reasonable Tolls
Marginal note:Tolls to be just and reasonable
13.05 All tolls shall be just and reasonable and shall always, under substantially similar circumstances and conditions with respect to all traffic of the same description carried over the same route, be charged equally to all persons at the same rate.
Marginal note:National Energy Board determinations
13.06 The National Energy Board may determine, as questions of fact, whether or not traffic is or has been carried out under substantially similar circumstances and conditions referred to in section 13.05, whether in any case a holder has or has not complied with the provisions of that section, and whether there has, in any case, been unjust discrimination as set out in section 13.1.
Marginal note:Interim tolls
13.07 If the National Energy Board has made an interim order authorizing a holder to charge tolls until a specified time or the happening of a specified event, the Board may, in any subsequent order, direct the holder
(a) to refund, in a manner satisfactory to the Board, any part of the tolls charged by the holder under the interim order that is in excess of the tolls determined by the Board to be just and reasonable, together with interest on the amount so refunded; or
(b) to recover in its tolls, in a manner satisfactory to the Board, the amount by which the tolls determined by the Board to be just and reasonable exceed the tolls charged by the holder under the interim order, together with interest on the amount so recovered.
Disallowance of Tariff
Marginal note:Disallowance of tariff
13.08 The National Energy Board may disallow any tariff or any portion of any tariff that it considers to be contrary to any of the provisions of this Act or any order of the Board and may require a holder, within a time fixed by the Board, to substitute for it a tariff satisfactory to the Board or may establish other tariffs in lieu of the tariff or the portion so disallowed.
Marginal note:Suspension of tariff
13.09 The National Energy Board may suspend any tariff or any portion of any tariff before or after the tariff goes into effect.
Discrimination
Marginal note:No unjust discrimination
13.1 A holder shall not make any unjust discrimination in tolls, service or facilities against any person or locality.
Marginal note:Burden of proof
13.11 If it is shown that a holder 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 holder.
Marginal note:No rebates, etc.
13.12 (1) No holder or shipper or an officer or employee, or an agent or mandatary, of a holder or shipper shall
(a) offer, grant, give, solicit, accept or receive a rebate, concession or discrimination whereby a person obtains transmission of oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas by a holder at a rate less than that named in the tariffs then in force; or
(b) knowingly be party or privy to a false billing, false classification, false report or other device resulting in a rate being charged that is less than that named in the tariffs then in force.
Marginal note:Prosecution
(2) No prosecution shall be instituted for an offence under this section without leave of the National Energy Board.
Contracts Limiting Liabilities
Marginal note:Contracts limiting liability
13.13 (1) Except as provided in this section, no contract, condition or notice made or given by a holder impairing, restricting or limiting its liability in respect of the transmission of oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas relieves the holder 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 of the National Energy Board.
Marginal note:National Energy Board may determine limits
(2) The National Energy Board may determine the extent to which the liability of a holder may be impaired, restricted or limited as provided in this section.
Marginal note:Terms and conditions
(3) The National Energy Board may establish the terms and conditions under which oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas may be transmitted by a holder.
Transmission of Oil or Gas
Marginal note:Duty of holder of an operating licence or authorization under subsection 5(1)
13.14 (1) Subject to any exemptions or conditions that the National Energy Board may establish, a holder 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 and any other substance, including water, incidental to the drilling for or production of oil offered for transmission by means of its pipeline.
Marginal note:Orders for transmission of commodities
(2) The National Energy Board may, by order, on any terms and conditions that it may specify in the order, require a holder operating a pipeline for the transmission of gas to receive, transport and deliver, according to its powers, gas and any other substance, including water, incidental to the drilling for or production of gas offered for transmission by means of its pipeline.
Marginal note:Extension of facilities
(3) If the National Energy Board finds that no undue burden will be placed on the holder by requiring the holder to do so and if it considers it necessary or desirable to do so in the public interest, the Board may require a holder operating a pipeline for the transmission of oil or gas to provide adequate and suitable facilities for
(a) the receipt, transmission and delivery of the oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas offered for transmission by means of its pipeline;
(b) the storage of the oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas; and
(c) the junction of its pipeline with other facilities for the transmission of the oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas.
Transmission and Sale of Gas
Marginal note:Extension of services of gas pipeline companies
13.15 (1) If the National Energy Board considers it necessary or desirable to do so in the public interest, it may direct a holder 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 to do so will not place an undue burden on the holder.
Marginal note:Limitation on extension
(2) Subsection (1) does not empower the National Energy Board to compel a holder to sell gas to additional customers if to do so would impair its ability to render adequate service to its existing customers.
Marginal note:Holder’s powers
13.16 A holder may, for the purposes of its undertaking and subject to the provisions of this Act, transmit oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas by pipeline and regulate the time and manner in which it shall be transmitted and the tolls to be charged for the transmission.
Regulations
Marginal note:Regulations
13.17 The Governor in Council may make regulations for the purposes of this Part, designating as oil or gas any substance resulting from the processing or refining of hydrocarbons or coal if that substance
(a) is asphalt or a lubricant; or
(b) is a suitable source of energy by itself or when it is combined or used in association with something else.
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