Canadian Energy Regulator Act (S.C. 2019, c. 28, s. 10)

Filing of Tariff

Marginal note:Tariff to be filed

227 A company must file each tariff it makes and any amendments made to a tariff, with the Regulator.

Marginal note:Commencement of tariff

228 If a company files a tariff with the Regulator and the company proposes to charge a toll referred to in paragraph (b) of the definition toll in section 2, the Commission may establish the day on which the tariff is to come into effect, and the company is prohibited from charging the toll before that day.

Marginal note:Authorized tolls

• 229 (1) A company is prohibited from charging a toll unless the toll is

  • (a) specified in a tariff that is filed with the Regulator and is in effect; or

  • (b) approved by an order of the Commission.

• Marginal note:Deemed tariff

  (2) If the oil, gas or other commodity transmitted by a company through its pipeline is the property of the company, the company must, if requested by the Regulator, file copies of any contract it enters into for the sale of the oil, gas or commodity, or any amendments it makes to such a contract, with the Regulator and those copies are deemed, for the purpose of sections 225 to 240, to be a tariff filed in accordance with subsection (1).

Just and Reasonable Tolls

Marginal note:Tolls

230 All tolls must be just and reasonable, and must 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:Determination — Commission

231 The Commission may determine

• (a) whether traffic is or has been carried under substantially similar circumstances and conditions for the purposes of section 230;

• (b) whether a company has complied with the provisions of section 230; and

• (c) whether there has been unjust discrimination for the purposes of section 235.

Marginal note:Interim tolls

232 If the Commission has made an interim order authorizing a company to charge tolls until a specified time or the happening of a specified event, the Commission may, in any subsequent order, direct the company

• (a) to refund, in the manner that the Commission considers appropriate, the part of the tolls charged under the interim order that is in excess of the tolls determined by the Commission to be just and reasonable, together with interest on the amount to be refunded; or

• (b) to recover in its tolls, in the manner that the Commission considers appropriate, the amount by which the tolls determined by the Commission to be just and reasonable exceed the tolls charged under the interim order, together with interest on the amount to be recovered.

Disallowance or Suspension of Tariff

Marginal note:Disallowance

233 The Commission may disallow any tariff or any portion of a tariff that it considers to be contrary to this Act or to any order of the Commission, and may require a company to substitute in its place, within a prescribed time, a tariff that the Commission considers satisfactory, or may prescribe other tariffs in place of the tariff or the portion of the tariff that is disallowed.

Marginal note:Suspension

234 The Commission may suspend the application of any tariff or any portion of a tariff before or after the tariff goes into effect.

Discrimination

Marginal note:No unjust discrimination

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

Marginal note:Burden of proof

236 If 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.

Marginal note:Prohibition

• 237 (1) A company or shipper, or an officer, employee or agent or mandatary of a company or shipper, is guilty of an offence punishable on summary conviction if they

  • (a) offer, grant, give, solicit, accept or receive a rebate, concession or discrimination that allows a person to obtain transmission of hydrocarbons or any other commodity by a company at a rate less than that named in the tariffs then in effect; or

  • (b) knowingly are party or privy to a false billing, false classification, false report or other device that has the effect set out in paragraph (a).

• Marginal note:Due diligence

  (2) A person is not to be found guilty of an offence under paragraph (1)(a) if they establish that they exercised due diligence to prevent the commission of the offence.

• Marginal note:Prosecution

  (3) No prosecution may be instituted for an offence under this section without leave of the Commission.

Contracts Limiting Liabilities

Marginal note:General rule

• 238 (1) Except as provided in this section, no contract, condition or notice made or given by a company 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 condition of its tariffs that are filed with the Regulator or has been first approved by order of the Commission or authorized by regulation.

• Marginal note:Limitation of liability

  (2) The Commission may determine the extent to which the liability of a company may be limited as provided in this section.

• Marginal note:Conditions

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

Transmission by Pipeline

Marginal note:Duty — company

• 239 (1) Subject to any regulations that the Commission may prescribe and any exemptions or conditions it may impose, a company operating a pipeline for the transmission of oil must, 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:Commission’s orders

  (2) The Commission may, by order, on any conditions that it specifies in the order, require a company operating a pipeline for the transmission of gas or a commodity other than oil to, according to its powers, receive, transport and deliver such a commodity offered for transmission by means of its pipeline.

• Marginal note:Extension of facilities

  (3) If the Commission considers it necessary or in the public interest and it finds that no undue burden will be placed on the company, it may require a company operating a pipeline for the transmission of oil, gas or any other commodity to provide adequate and suitable facilities for

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

  • (b) storing the oil, gas or other commodity; and

  • (c) joining its pipeline with other facilities for the transmission of oil, gas or any other commodity.

Transmission and Sale of Gas

Marginal note:Extension or improvement

• 240 (1) If the Commission considers it necessary or in the public interest and it finds that no undue burden will be placed on the company, it may direct a company operating a pipeline for the transmission of gas to extend or improve its facilities to facilitate joining its pipeline with the 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.

• Marginal note:Limitation

  (2) Subsection (1) does not empower the Commission 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

  (3) If 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 is, for the purposes of sections 225 to 240, deemed to be a toll charged by the company to the purchaser for the transmission of that gas.

Abandonment

Marginal note:Limitation

• 241 (1) A company must not abandon a pipeline unless the Commission has, by order, granted it leave to do so.

• Marginal note:Notice to owners

  (2) If a company has submitted to the Regulator an application to abandon a pipeline, the company must, in the form and manner specified by the Commission,

  • (a) serve a notice on all owners of lands through which the pipeline passes, insofar as they can be ascertained; and

  • (b) publish a notice in at least one issue of a publication, if any, in general circulation within the area in which the lands are situated.

• Marginal note:Public hearing

  (3) If a written statement of opposition to the abandonment is filed with the Regulator or if a person requests in writing that a hearing be held in respect of the application for leave to abandon the operation of a pipeline, the Commission must order that a public hearing be conducted in respect of the application unless

  • (a) the person who filed the written statement or who requested the hearing files a notice of withdrawal with the Regulator; or

  • (b) the Commission considers that the opposition or request is frivolous or vexatious or is not made in good faith.

• Marginal note:Conditions

  (4) The Commission may, on granting leave to abandon a pipeline, impose any conditions that it considers appropriate.

• Marginal note:Liability of company

  (5) A company that has been granted leave to abandon a pipeline continues to be liable for the abandoned pipeline under this Act.

Marginal note:Costs and expenses related to abandonment

• 242 (1) The Commission may order a company to take any measure, including maintaining funds or security, that the Commission considers necessary to ensure that the company has the ability to pay for the abandonment of its pipeline and to pay any costs and expenses related to its abandoned pipeline.

• Marginal note:Funds or security

  (2) If the Commission orders a company to maintain funds or security, the Commission may

  • (a) order the company to use all or a portion of the funds or security to pay for the abandonment of the pipeline or to pay the costs and expenses related to the abandoned pipeline;

  • (b) authorize a third party or an employee of the Regulator — or class of employees of the Regulator — to use all or a portion of the funds or security to pay for that abandonment or to pay those costs and expenses;

  • (c) realize all or a portion of the security in order to enable a third party or the Regulator to pay for that abandonment or to pay those costs and expenses; and

  • (d) order that any surplus referred to in subsection 246(2) be paid into the Consolidated Revenue Fund and credited to the Orphan Pipelines Account.

Marginal note:Orphan pipelines

• 243 (1) A designated officer may, by order, designate a pipeline as an orphan pipeline if the directors or officers of the company that holds the certificate in respect of the pipeline cannot be located or if that company is unknown, insolvent, bankrupt, subject to a receivership, dissolved or cannot be located.

• Marginal note:Holder of certificate

  (2) For the purposes of subsection (1), a person that is named in an order made under section 214 in respect of the pipeline, or that is authorized under a Special Act to operate the pipeline, is considered to be the company that holds the certificate.

Marginal note:Orphan abandoned pipelines

244 A designated officer may, by order, designate an abandoned pipeline as an orphan abandoned pipeline if the directors or officers of the company that owns it cannot be located or if that company is unknown, insolvent, bankrupt, subject to a receivership, dissolved or cannot be located.

Marginal note:Measures

• 245 (1) A designated officer may take any action or measure that they consider necessary in relation to the abandonment of an orphan pipeline or in relation to an orphan abandoned pipeline or they may authorize a third party or an employee of the Regulator — or class of employees of the Regulator — to take the action or measure.

• Marginal note:No liability

  (2) No action lies against the Regulator or an employee of the Regulator or against a servant of the Crown, as those terms are defined in section 2 of the Crown Liability and Proceedings Act, in respect of any act or omission committed in taking any action or measure referred to in subsection (1).

• Marginal note:Third party liability

  (3) A third party that is authorized under subsection (1) to take any action or measure referred to in that subsection is not liable in respect of any act or omission committed in good faith in taking those actions or measures.