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.
38. (1) Every person who wilfully and without lawful excuse fails to comply with
(a) a term or condition of a certificate of public convenience and necessity declared to be issued by subsection 21(1),
(b) an order issued by the Board or the designated officer in relation to such a certificate, or
(c) any other provision of this Act,
is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars.
Marginal note:Officers, etc., of companies
(2) Where a company commits an offence under this Act, any officer, director or agent of the company who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the company has been prosecuted or convicted.
Marginal note:Continuing offence
(3) Where an offence under this Act is committed or continued on more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued.
(4) Proceedings in respect of an offence under this Act may be instituted at any time within one year of the time the subject-matter of the proceedings arose.
Marginal note:Consent of Attorney General of Canada
(5) Proceedings in respect of an offence under this Act may not be instituted without the consent of the Attorney General of Canada.
- 1977-78, c. 20, s. 43.
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