National Energy Board Cost Recovery Regulations (SOR/91-7)
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Regulations are current to 2012-05-14 and last amended on 2011-01-01. Previous Versions
National Energy Board Cost Recovery Regulations
SOR/91-7
Registration 1990-12-13
Regulations Respecting the Recovery of Certain Costs of the National Energy Board
Whereas the National Energy Board has determined that certain costs are attributable to its responsibilities under the National Energy Board Actor any other Act of Parliament;
Therefore, the National Energy Board, pursuant to section 24.1Footnote * of the National Energy Board Actand with the approval of the Treasury Board, hereby makes the annexed Regulations respecting the recovery of certain costs of the National Energy Board, effective January 1, 1991.
Return to footnote *S.C. 1990, c. 7, s. 13
Ottawa, Ontario, 11 December, 1990
SHORT TITLE
1. These Regulations may be cited as the National Energy Board Cost Recovery Regulations.
INTERPRETATION
2. In these Regulations,
- “Act”
“Act” means the National Energy Board Act; (Loi)
- “border accommodation commodity pipeline”
“border accommodation commodity pipeline” means a commodity pipeline, constructed primarily for the transportation of a commodity other than oil or natural gas across the border between Canada and the United States, that
(a) has an outside diameter of less than 100 mm,
(b) carries the commodity at pressures of 700 kPa or less, and
(c) has a capacity of less than 500 m3 per day; (productoduc destiné à un service frontalier)
- “border accommodation electricity exporter”
“border accommodation electricity exporter”[Repealed, SOR/2009-307, s. 1]
- “border accommodation pipeline”
“border accommodation pipeline” means a pipeline, constructed for the transportation of natural gas across a border, that
(a) has an outside diameter of less than 100 mm,
(b) carries gas at pressures of not more than 700 kPa, and
(c) has a capacity of less than 500 m3 per day; (pipeline destiné à un service frontalier)
- “commodity pipeline”
“commodity pipeline” means a pipeline used primarily for the transportation of a commodity other than oil or natural gas; (productoduc)
- “cost of service”
“cost of service” means the total cost of providing service, including operating and maintenance expenses, depreciation, amortization, taxes and return on rate base; (coût de service)
- “delivery”
“delivery” means a delivery of natural gas, oil, oil products, natural gas liquids or liquefied petroleum gas; (livraison)
- “equichange transfer”
“equichange transfer”[Repealed, SOR/2009-307, s. 1]
- “fiscal year”
“fiscal year”, in respect of a company regulated by the Board, means the regular fiscal year of the company; (exercice)
- “gas pipeline”
“gas pipeline” means a pipeline used for the transmission of natural gas; (gazoduc)
- “inadvertent flow”
“inadvertent flow” means the difference between the actual power flow and the scheduled power flow between two control areas that is caused by imperfect generation control or by an error in frequency bias; (flux involontaire)
- “intermediate commodity pipeline company”
“intermediate commodity pipeline company” means a person or company that is authorized under the Act to construct or operate one or more commodity pipelines, the combined annual cost of service of which is $1,000,000 or more but less than $10,000,000; (compagnie de productoduc de moyenne importance)
- “intermediate electricity exporter”
“intermediate electricity exporter”[Repealed, SOR/2009-307, s. 1]
- “intermediate gas pipeline company”
“intermediate gas pipeline company” means a person or company that is authorized under the Act to construct or operate one or more gas pipelines, the combined annual cost of service of which is $1,000,000 or more but less than $10,000,000; (compagnie de gazoduc de moyenne importance)
- “intermediate oil pipeline company”
“intermediate oil pipeline company” means a person or company that is authorized under the Act to construct or operate one or more oil pipelines, the combined annual cost of service of which is $1,000,000 or more but less than $10,000,000; (compagnie d’oléoduc de moyenne importance)
- “large commodity pipeline company”
“large commodity pipeline company” means a person or company that is authorized under the Act to construct or operate one or more commodity pipelines, the combined annual cost of service of which is $10,000,000 or more; (compagnie de productoduc de grande importance)
- “large electricity exporter”
“large electricity exporter”[Repealed, SOR/2009-307, s. 1]
- “large gas pipeline company”
“large gas pipeline company” means a person or company that is authorized under the Act to construct or operate one or more gas pipelines, the combined annual cost of service of which is $10,000,000 or more; (compagnie de gazoduc de grande importance)
- “large oil pipeline company”
“large oil pipeline company” means a person or company that is authorized under the Act to construct or operate one or more oil pipelines, the combined annual cost of service of which is $10,000,000 or more; (compagnie d’oléoduc de grande importance)
- “large power line company”
“large power line company” means a person or company that is authorized under the Act to construct or operate an international or interprovincial power line and that annually transmits 50,000 megawatt hours or more of electricity, excluding any transmissions that are inadvertent flow or loop flow; (compagnie de transport d’électricité de grande importance)
- “loop flow”
“loop flow” means an unscheduled power flow on an electric system’s transmission facilities that is caused by parallel flows that result from scheduled electric power transfers between two other electric systems; (flux de bouclage)
- “oil pipeline”
“oil pipeline” means a pipeline used for the transmission of oil, oil products, natural gas liquids and liquefied petroleum gas; (oléoduc)
- “program costs”
“program costs” means the costs that are attributable to an activity for the achievement of an objective of the Board in relation to its responsibilities under the Act or any other Act of Parliament; (coût du programme)
- “sale transfer”
“sale transfer”[Repealed, SOR/2009-307, s. 1]
- “small commodity pipeline company”
“small commodity pipeline company” means a person or company that is authorized under the Act to construct or operate one or more commodity pipelines, the combined annual cost of service of which is less than $1,000,000, and excludes a person or company that is only authorized under the Act to construct or operate one or more border accommodation commodity pipelines; (compagnie de productoduc de faible importance)
- “small electricity exporter”
“small electricity exporter”[Repealed, SOR/2009-307, s. 1]
- “small gas pipeline company”
“small gas pipeline company” means a person or company that is authorized under the Act to construct or operate one or more gas pipelines, the combined annual cost of service of which is less than $1,000,000, and excludes a person or company that is only authorized under the Act to construct or operate one or more border accommodation pipelines; (compagnie de gazoduc de faible importance)
- “small oil pipeline company”
“small oil pipeline company” means a person or company that is authorized under the Act to construct or operate one or more oil pipelines, the combined annual cost of service of which is less than $1,000,000; (compagnie d’oléoduc de faible importance)
- “small power line company”
“small power line company” means a person or company that is authorized under the Act to construct or operate an international or interprovincial power line and that annually transmits less than 50,000 megawatt hours of electricity, excluding any transmissions that are inadvertent flow or loop flow; (compagnie de transport d’électricité de faible importance)
- “year”
“year” means a calendar year. (année)
- SOR/98-267, s. 1;
- SOR/2001-89, s. 1;
- SOR/2002-375, s. 1;
- SOR/2009-307, s. 1.