National Energy Board Act (R.S.C., 1985, c. N-7)

Marginal note:Tolls to be filed

• 60. (1) A company shall not charge any tolls except tolls that are

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

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

• Marginal note:Compliance

  (2) Where gas or a commodity other than oil transmitted by a company through its pipeline is the property of the company, the company shall file with the Board, on the making thereof, true copies of all the contracts it may make for the sale of the gas or commodity and of any amendments from time to time made thereto, and the true copies so filed are deemed, for the purposes of this Part, to constitute a tariff pursuant to subsection (1).

Marginal note:Commencement of tariff

61. Where a company files a tariff with the Board and the company proposes to charge a toll referred to in paragraph (b) of the definition “toll” in section 2, the Board may establish the day on which the tariff is to come into effect and the company shall not commence to charge the toll before that day.

Marginal note:Tolls to be just and reasonable

62. 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:Board determinations

63. The Board may determine, as questions of fact, whether or not traffic is or has been carried under substantially similar circumstances and conditions referred to in section 62, whether in any case a company has or has not complied with the provisions of that section, and whether there has, in any case, been unjust discrimination within the meaning of section 67.

Marginal note:Interim tolls

64. Where the Board has made an interim order authorizing a company to charge tolls until a specified time or the happening of a specified event, the Board may, in any subsequent order, direct the company

• (a) to refund, in a manner satisfactory to the Board, such part of the tolls charged by the company under the interim order as 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 company under the interim order, together with interest on the amount so recovered.