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

Act current to 2016-01-25 and last amended on 2015-06-23. Previous Versions

Transmission and Sale of Gas

Marginal note:Extension of services of gas pipeline companies
  •  (1) Where the Board finds such action necessary or desirable in the public interest, it may direct a company 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 no undue burden will be placed on the company thereby.

  • Marginal note:Limitation on extension

    (2) Subsection (1) does not empower the Board 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 for transmission

    (3) Where 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 shall, for the purposes of this Part, be deemed to be a toll charged by the company to the purchaser for the transmission of that gas.

  • R.S., c. N-6, ss. 60, 61.


General Powers

Marginal note:Powers of company

 A company may, for the purposes of its undertaking, subject to this Act and to any Special Act applicable to it,

  • (a) enter into and on any Crown land without previous licence therefor, or into or on the land of any person, lying in the intended route of its pipeline, and make surveys, examinations or other necessary arrangements on the land for fixing the site of the pipeline, and set out and ascertain such parts of the land as are necessary and proper for the pipeline;

  • (b) purchase, take and hold of and from any person any land or other property necessary for the construction, maintenance and operation of its pipeline and sell or otherwise dispose of any of its land or property that for any reason has become unnecessary for the purpose of the pipeline;

  • (c) construct, lay, carry or place its pipeline across, on or under the land of any person on the located line of the pipeline;

  • (d) join its pipeline with the transmission facilities of any other person at any point on its route;

  • (e) construct, erect and maintain all necessary and convenient roads, buildings, houses, stations, depots, wharves, docks and other structures, and construct, purchase and acquire machinery and other apparatus necessary for the construction, maintenance and operation of its pipeline;

  • (f) construct, maintain and operate branch lines, and for that purpose exercise all the powers, privileges and authority necessary therefor, in as full and ample a manner as for a pipeline;

  • (g) alter, repair or discontinue the works mentioned in this section, or any of them, and substitute others in their stead;

  • (h) transmit hydrocarbons by pipeline and regulate the time and manner in which hydrocarbons shall be transmitted, and the tolls to be charged therefor; and

  • (i) do all other acts necessary for the construction, maintenance and operation of its pipeline.

  • R.S., 1985, c. N-7, s. 73;
  • 2004, c. 25, s. 154.
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