PART INorthern Pipeline Agency (continued)
Marginal note:Debt due Her Majesty
28 A penalty payable under this Act is a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction.
- 1977-78, c. 20, s. 28
Marginal note:Costs of Agency to be recovered
29 (1) Every certificate of public convenience and necessity declared to be issued by subsection 21(1) to a company is subject to the condition that the company shall annually pay to the Receiver General an amount equal to the costs that are attributable to the Agency’s responsibilities under this Act and that are incurred by the Agency in the previous fiscal year with respect to that company.
(2) The Agency shall, no later than November 15 in each year, issue to each company an invoice for the amount payable under subsection (1).
Marginal note:Payment period
(3) Any amount that is payable under subsection (1) shall be paid no later than the 30th day after the date of the invoice.
(4) If a company fails to pay any amount invoiced within the required period, the company shall pay interest on the outstanding amount at a rate of 1.5% per month, compounded monthly, beginning on the 31st day after the date of the invoice.
- R.S., 1985, c. N-26, s. 29
- 1993, c. 34, s. 98
- 2017, c. 33, s. 194
Marginal note:Where Minister may perform terms and conditions
30 (1) Where a company fails or refuses to comply with a term or condition to which the certificate of public convenience and necessity declared to be issued to it is subject or with an order or direction issued to it pursuant to subsection 22(1), the Minister may, after thirty days notice of his intention to do so, take all reasonable measures, or direct any person he considers qualified to do so to take such measures, as are required to perform the term or condition or carry out the order or direction, unless within the thirty days the company has complied with the term or condition or order or direction, as the case may be, or has made arrangements that are satisfactory to the Minister to comply with the term or condition or order or direction.
Marginal note:Access to property
(2) Where, pursuant to subsection (1), the Minister or another person undertakes the performance of a term or condition or the carrying out of an order or direction, the Minister or that other person may enter and have access through any place or property and may do all reasonable things in order to perform the term or condition or carry out the order or direction.
Marginal note:Personal liability
(3) The Minister or any person he directs, pursuant to subsection (1), to perform a term or condition or carry out an order or direction is not personally liable civilly or criminally in respect of any act or omission in the course of performing the relevant term or condition or carrying out the order or direction under that subsection unless it is shown that he did not act reasonably.
Marginal note:Liability to Her Majesty
(4) Where, pursuant to subsection (1), the Minister or any person he directs to perform a term or condition or carry out an order or direction takes such reasonable measures as are required to perform the term or condition or carry out the order or direction that a company has failed or refused to comply with, the company is liable for all costs and expenses connected therewith incurred by Her Majesty in right of Canada to the extent that those costs and expenses can be established to have been reasonably incurred in the circumstances.
(5) A claim under this section against a company may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken therefor in the name of Her Majesty in that right in any court of competent jurisdiction.
(6) No proceedings in respect of a claim under this section may be commenced after two years from the time the Minister or any person he directed, pursuant to subsection (1), to perform a term or condition or carry out an order or direction completed such reasonable measures as were required to perform the term or condition or carry out the order or direction that the company failed or refused to comply with.
- 1977-78, c. 20, s. 30
PART IITraffic, Tolls and Tariffs
31 (1) Part IV of the National Energy Board Act, as modified by this Part, applies to every company and where there is any conflict between this Part and the National Energy Board Act, this Part prevails.
Marginal note:Single tariff
(2) Where, in the opinion of the Board, it is desirable that a single tariff be established in Canada in respect of the pipeline, the Board may, on application of Foothills Pipe Lines (Yukon) Ltd. or on its own motion, by order, require Foothills Pipe Lines (Yukon) Ltd. to file such a tariff and, where the Board does so, Foothills Pipe Lines (Yukon) Ltd. is deemed to be a company for the purposes of this Part and Part IV of the National Energy Board Act and every other company is relieved from any obligation to file a tariff until the Board rescinds that order.
- 1977-78, c. 20, s. 31
Marginal note:Consultation with United States regulatory authorities
32 The Board may, in order to carry out the obligation set out in paragraph 9 of the Agreement, consult with the appropriate regulatory authority of the United States with respect to matters set out in the Agreement.
- 1977-78, c. 20, s. 32
Tolls and Tariffs
Marginal note:Board to apply Agreement
33 The Board shall, in fixing the tolls and tariffs of a company, apply the requirements of the Agreement, in particular the requirements of paragraphs 4, 5, 6, 11 and 12 thereof, and shall include in its determination of an appropriate toll and tariff any amounts, not exceeding the maximum amounts set out in the Agreement, paid by the company on account of the Yukon road allowance and Yukon property tax.
- 1977-78, c. 20, s. 33
Marginal note:Rate of return
34 The Board shall, in determining an appropriate rate of return on equity investment in a company,
(a) take into account
(b) establish a rate of return, taking into account the factors set out in paragraph (a), that is not detrimental, when taken into account with the rate of return of every other company, to the financing of the Dempster Line described in the Agreement; and
(c) comply with such regulations as the Governor in Council may make prescribing or otherwise relating to the manner of calculating the rate of return.
- 1977-78, c. 20, s. 34
Marginal note:Prior approval
35 Where a company files a tariff at the time the financing of the pipeline is being considered, the Board may approve the form and content of the tariff and the rate of return on the equity investment of the company.
- 1977-78, c. 20, s. 35
36 The Governor in Council may make such regulations under this Part in respect of tolls and tariffs as may be necessary to give effect to the Agreement including regulations prescribing or otherwise relating to the manner of calculating an appropriate rate of return on equity investment of a company and the methods of applying the incentive scheme set out in subparagraph 4(b) of the Agreement.
- 1977-78, c. 20, s. 36
PART IIIReal Property
Marginal note:Commissioner’s lands
37 (1) If the Governor in Council is of the opinion that lands in Yukon are required temporarily or otherwise for the construction, maintenance or operation of the pipeline including, without limiting the generality of the foregoing, lands required for camps, roads and other related works, the Governor in Council may, by order, after consultation with the member of the Executive Council of Yukon who is responsible for the lands, take the administration and control of them from the Commissioner and transfer the administration of those lands to the Minister.
Marginal note:Company to provide plans of lands required
(2) Foothills Pipe Lines (South Yukon) Ltd. shall provide the Minister with a copy of all plans, profiles and books of reference certified by the designated officer pursuant to subsection 7(2) showing the real property in Yukon vested in Her Majesty in right of Canada that are required to permit construction of the pipeline.
Marginal note:Grant of easement to company
(3) Where Foothills Pipe Lines (South Yukon) Ltd. provides the Minister with a copy of the plans, profiles and books of reference referred to in subsection (2), the Governor in Council may authorize, on such terms and conditions as he considers appropriate, the grant of an easement to Foothills Pipe Lines (South Yukon) Ltd. for the construction of the pipeline and, on the giving of leave to open the last section or part of the pipeline by the Board and subject to subsection (4), for the purpose of the operation and maintenance thereof.
Marginal note:Company to file plan of survey
(4) Within two years after leave to open the last section or part of the pipeline has been given by the Board or any further period, not exceeding six months, that the Governor in Council may approve, Foothills Pipe Lines (South Yukon) Ltd. shall send to the Surveyor General at Ottawa a plan of survey under Part II of the Canada Lands Surveys Act, for confirmation by the Surveyor General under that Act, as an official plan in respect of lands in Yukon vested in Her Majesty in right of Canada required for the maintenance and operation of the pipeline.
- R.S., 1985, c. N-26, s. 37
- 1991, c. 50, s. 34
- 1998, c. 14, s. 101(F)
- 2002, c. 7, s. 217
- Date modified: