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2 In these Regulations,

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

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commodity pipeline

commodity pipeline means a pipeline used primarily for the transportation of a commodity other than oil or natural gas; (productoduc)

delivery

delivery means a delivery of natural gas, oil, oil products, natural gas liquids or liquefied petroleum gas; (livraison)

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 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)

oil pipeline

oil pipeline means a pipeline used for the transmission of oil, oil products, natural gas liquids and liquefied petroleum gas; (oléoduc)

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)

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• 17 (1) On or before September 30 in every year, the Board shall calculate a revised cost recovery charge, for the preceding year, for each large oil pipeline company, large gas pipeline company and large power line company.

• (2) Subject to subsection (2.1), the revised cost recovery charge of a large oil pipeline company for the year preceding the current year is equal to the amount determined by the formula

  A x B/C

   where

  C 

  is the aggregate of the actual deliveries, in cubic metres, for that preceding year, of all the large oil pipeline companies, provided to the Board under paragraph 10(1)(b).

• (2.1) The revised cost recovery charge of a large oil pipeline company determined under subsection (2) shall be adjusted as follows:

  • (a) in the case of a large oil pipeline company that obtained relief under section 4.1 in respect of the year preceding the current year,

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  • (b) in the case of a large oil pipeline company that did not obtain relief under section 4.1 in respect of the year preceding the current year,

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• 13 (1) The Board shall, each year, determine the total amount of costs to be recovered for the following year from large oil pipeline companies by

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  • (b) deducting from the product determined under paragraph (a)

    • (i) the total of the administration levies to be paid during that year under section 5.1 by intermediate oil pipeline companies and small oil pipeline companies, and

    • (ii) the total of the levies to be paid during that year under section 5.2 by large oil pipeline companies, intermediate oil pipeline companies and small oil pipeline companies.

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• 14.1 (1) If one or more large oil pipeline companies is relieved under section 4.1 from paying a portion of the cost recovery charge in respect of the following year, the cost recovery charge in respect of that year shall be reduced or increased as follows:

  • (a) for each large oil pipeline company that obtains relief, the cost recovery charge shall be reduced by the amount of the relief obtained; and

  • (b) for each large oil pipeline company that does not obtain relief, the cost recovery charge shall be increased by the amount determined by the formula

    A × B/C

    where, in respect of that year,

    A 

    is the total amount of relief obtained by large oil pipeline companies under section 4.1,

    C 

    is the aggregate of the forecasts of deliveries, in cubic metres, of the large oil pipeline companies that did not obtain relief, provided to the Board pursuant to paragraph 10(1)(a).

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16.1 If, in respect of any year, relief is obtained under section 4.1 by one or more large oil pipeline companies, the Board shall, on or before September 30 of the following year, determine for each large oil pipeline company that did not obtain relief the revised cost recovery charge increase for the year in respect of which relief is obtained, which increase shall be determined by the formula

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