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Canada Oil and Gas Operations Act (R.S.C., 1985, c. O-7)

Act current to 2021-09-11 and last amended on 2020-02-26. Previous Versions

PART 0.1Traffic, Tolls and Tariffs (continued)

Powers of Commission

Marginal note:Regulation of traffic, etc.

 The Commission of the Canadian Energy Regulator may make orders with respect to all matters relating to traffic, tolls or tariffs.

Filing of Tariff

Marginal note:Tolls to be filed

  •  (1) A holder shall not charge any tolls except tolls that are

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

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

  • Marginal note:Tariff — gas

    (2) If gas transmitted by a holder through its pipeline is the property of the holder, the holder shall file with the Canadian Energy Regulator true copies of all the contracts it makes for the sale of the gas, at the time they are made, and any amendments to those contracts made from time to time, and the true copies constitute, for the purposes of this Part, a tariff under subsection (1).

Marginal note:Commencement of tariff

 If a holder files a tariff with the Canadian Energy Regulator and the holder proposes to charge a toll referred to in paragraph (b) of the definition toll in section 13.01, the Regulator may establish the day on which the tariff is to come into effect and the holder shall not begin charging the toll before that day.

Just and Reasonable Tolls

Marginal note:Tolls to be just and reasonable

 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.

  • 2007, c. 35, s. 150

Marginal note:Commission of the Canadian Energy Regulator determinations

 The Commission of the Canadian Energy Regulator may determine, as questions of fact, whether or not traffic is or has been carried out under substantially similar circumstances and conditions referred to in section 13.05, whether in any case a holder has or has not complied with the provisions of that section, and whether there has, in any case, been unjust discrimination as set out in section 13.1.

Marginal note:Interim tolls

 If the Commission of the Canadian Energy Regulator has made an interim order authorizing a holder to charge tolls until a specified time or the happening of a specified event, the Commission may, in any subsequent order, direct the holder

  • (a) to refund, in a manner satisfactory to the Commission, any part of the tolls charged by the holder under the interim order that is in excess of the tolls determined by the Commission 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 Commission, the amount by which the tolls determined by the Commission to be just and reasonable exceed the tolls charged by the holder under the interim order, together with interest on the amount so recovered.

Disallowance of Tariff

Marginal note:Disallowance of tariff

 The Commission of the Canadian Energy Regulator may disallow any tariff or any portion of any tariff that it considers to be contrary to any of the provisions of this Act or any order of the Commission and may require a holder, within a time fixed by the Commission, to substitute for it a tariff satisfactory to the Commission or may establish other tariffs in lieu of the tariff or the portion so disallowed.

Marginal note:Suspension of tariff

 The Commission of the Canadian Energy Regulator may suspend any tariff or any portion of any tariff before or after the tariff goes into effect.

Discrimination

Marginal note:No unjust discrimination

 A holder shall not make any unjust discrimination in tolls, service or facilities against any person or locality.

  • 2007, c. 35, s. 150

Marginal note:Burden of proof

 If it is shown that a holder makes any discrimination in tolls, service or facilities against any person or locality, the burden of proving that the discrimination is not unjust lies on the holder.

  • 2007, c. 35, s. 150

Marginal note:No rebates, etc.

  •  (1) No holder or shipper or an officer or employee, or an agent or mandatary, of a holder or shipper shall

    • (a) offer, grant, give, solicit, accept or receive a rebate, concession or discrimination whereby a person obtains transmission of oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas by a holder at a rate less than that named in the tariffs then in force; or

    • (b) knowingly be party or privy to a false billing, false classification, false report or other device resulting in a rate being charged that is less than that named in the tariffs then in force.

  • Marginal note:Prosecution

    (2) No prosecution shall be instituted for an offence under this section without leave of the Commission of the Canadian Energy Regulator.

Contracts Limiting Liabilities

Marginal note:Contracts limiting liability

  •  (1) Except as provided in this section, no contract, condition or notice made or given by a holder limiting its liability in respect of the transmission of oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas relieves the holder from its liability, unless that class of contract, condition or notice is included as a term or condition of its tariffs as filed or has been first authorized or approved by order of the Commission of the Canadian Energy Regulator.

  • Marginal note:Commission may determine limits

    (2) The Commission of the Canadian Energy Regulator may determine the extent to which the liability of a holder may be impaired, restricted or limited as provided in this section.

  • Marginal note:Terms and conditions

    (3) The Commission of the Canadian Energy Regulator may establish the terms and conditions under which oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas may be transmitted by a holder.

Transmission of Oil or Gas

Marginal note:Duty of holder of an operating licence or authorization under subsection 5(1)

  •  (1) Subject to any exemptions or conditions that the Commission of the Canadian Energy Regulator may establish, a holder operating a pipeline for the transmission of oil shall, according to its powers, without delay and with due care and diligence, receive, transport and deliver all oil and any other substance, including water, incidental to the drilling for or production of oil offered for transmission by means of its pipeline.

  • Marginal note:Orders for transmission of commodities

    (2) The Commission of the Canadian Energy Regulator may, by order, on any terms and conditions that it may specify in the order, require a holder operating a pipeline for the transmission of gas to receive, transport and deliver, according to its powers, gas and any other substance, including water, incidental to the drilling for or production of gas offered for transmission by means of its pipeline.

  • Marginal note:Extension of facilities

    (3) If the Commission of the Canadian Energy Regulator finds that no undue burden will be placed on the holder by requiring the holder to do so and if it considers it necessary or desirable to do so in the public interest, the Commission may require a holder operating a pipeline for the transmission of oil or gas to provide adequate and suitable facilities for

    • (a) the receipt, transmission and delivery of the oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas offered for transmission by means of its pipeline;

    • (b) the storage of the oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas; and

    • (c) the junction of its pipeline with other facilities for the transmission of the oil, gas or any substance, including water, incidental to the drilling for or production of oil or gas.

 
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