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National Energy Board Act Part VI (Oil and Gas) Regulations (SOR/96-244)

Regulations are current to 2020-06-17 and last amended on 2015-07-31. Previous Versions

PART IIGas (continued)

DIVISION IGAS OTHER THAN PROPANE, BUTANES AND ETHANE (continued)

Information to be Furnished by Applicants for Licences for Importation

 An applicant for a licence for the importation of gas shall furnish to the Board all the information that is necessary for the Board to dispose of the application, including, unless otherwise authorized by the Board,

  • (a) the terms that the applicant is requesting for the licence, including

    • (i) the duration of the licence,

    • (ii) the maximum daily, annual and term quantities of gas proposed to be imported,

    • (iii) if applicable, the tolerance levels that are necessary to accommodate temporary operating conditions, and

    • (iv) the points of importation of the gas into Canada;

  • (b) information respecting the applicant’s gas supply supporting the proposed importation, including

    • (i) a summary of the quantities of gas under contracts for the purchase of gas, including the total daily and annual volumes and reserves under those contracts, and the termination date for each of those contracts, and

    • (ii) a copy of each pro forma contract for each type of gas purchase contract;

  • (c) information respecting the applicant’s gas market, including

    • (i) details of the applicant’s gas import purchase, including

      • (A) a copy of every gas import purchase contract for the proposed importation, and

      • (B) a detailed summary of the terms and conditions of every such contract, and

    • (ii) a description of the market to be served by the proposed importation;

  • (d) details of the transportation arrangements pertaining to the proposed importation, including

    • (i) the details and status of all contractual arrangements for the movement of the gas in and outside Canada,

    • (ii) a copy of every transportation contract for the movement of the gas in Canada, and

    • (iii) a description of any existing or proposed gathering, storage or transmission facility, and of any new facility other than a gathering, storage or transmission facility, that is required to move the gas to market, whether the facility is, or will be, in or outside Canada,

  • (e) information respecting the potential environmental effects of the proposed importation and any social effects that would be directly related to those environmental effects; and

  • (f) a copy of, or details of the status of, each approval or authorization of a federal, provincial or state government pertaining to

    • (i) the removal of gas from the country of production,

    • (ii) the importation of gas into a province,

    • (iii) transportation services,

    • (iv) tariffs and tolls,

    • (v) facilities,

    • (vi) environmental reviews, and

    • (vii) contractual arrangements necessary for the importation of gas.

  • SOR/2000-256, s. 3

Terms and Conditions of Licences for Exportation and Importation

 The following are matters in respect of which terms and conditions may be included in any licence for the exportation or importation of gas:

  • (a) the duration of the licence;

  • (b) the period within which the exportation or importation of the gas must commence in order for the licence to remain in effect;

  • (c) the term quantities of gas that may be exported or imported;

  • (d) the maximum quantities of gas that may be exported or imported, for any daily, monthly, annual or other appropriate period;

  • (e) if applicable, any tolerance levels that are necessary to accommodate temporary operating conditions;

  • (f) the points of exportation of the gas from Canada or of importation of the gas into Canada; and

  • (g) the environmental requirements that must be met for the licence to take or remain in effect.

  • SOR/2000-256, s. 4

Orders for Exportation or Importation

 Where the Board determines that an application for an order for the exportation or importation of gas contains all the information necessary to dispose of the application, the Board may issue an order authorizing a person

  • (a) to export gas

    • (i) for a period not exceeding two years, or

    • (ii) for a period exceeding two years but not exceeding 20 years, in quantities of not more than 30,000 m3 per day;

  • (b) to import gas

    • (i) for a period not exceeding two years, or

    • (ii) for a period exceeding two years but not exceeding 20 years, in quantities of not more than 30,000 m3 per day; or

  • (c) to export gas for subsequent import or to import gas for subsequent export for a period not exceeding 25 years.

Terms and Conditions of Orders for Exportation or Importation

 The following are matters in respect of which terms and conditions may be included in any order issued under section 15:

  • (a) the duration of the order;

  • (b) if applicable, the tolerance levels that are necessary to accommodate temporary operating conditions;

  • (c) the requirement that the holder of the order must file with the Board, within a specified period, evidence of each approval or authorization of a federal, provincial or state government pertaining to

    • (i) the removal of gas from a province or the country of production,

    • (ii) the importation of gas into the country of destination or into a province,

    • (iii) transportation services,

    • (iv) tariffs and tolls,

    • (v) facilities,

    • (vi) environmental reviews, and

    • (vii) contractual arrangements necessary for the exportation or importation of gas;

  • (d) where the order authorizes the exportation of gas,

    • (i) the maximum daily, monthly, annual and term quantities of gas that may be exported,

    • (ii) the points of exportation of the gas from Canada,

    • (iii) the period within which the exportation of gas must commence in order for the order to remain in effect, and

    • (iv) the exportation of gas on a firm or interruptible basis;

  • (e) where the order authorizes the importation of gas,

    • (i) the maximum daily, monthly, annual and term quantities of gas that may be imported,

    • (ii) the points of importation of the gas into Canada,

    • (iii) the period within which the importation of gas must commence in order for the order to remain in effect, and

    • (iv) the importation of gas on a firm or interruptible basis;

  • (f) where the order authorizes the exportation of gas for subsequent importation,

    • (i) the maximum daily, monthly, annual and term quantities of gas that may be exported and subsequently imported,

    • (ii) the points of exportation and subsequent importation of gas,

    • (iii) the period within which the exportation and subsequent importation of gas must commence in order for the order to remain in effect,

    • (iv) the exportation and subsequent importation of gas on a firm or interruptible basis,

    • (v) the balancing of quantities to be exported and subsequently imported on a thermally equivalent basis, and

    • (vi) the injection, storage and withdrawal of gas from storage facilities;

  • (g) where the order authorizes the importation of gas for subsequent exportation,

    • (i) the maximum daily, monthly, annual and term quantities of gas that may be imported and subsequently exported,

    • (ii) the points of importation and subsequent exportation of gas,

    • (iii) the period within which the importation and subsequent exportation of gas must commence in order for the order to remain in effect,

    • (iv) the importation and subsequent exportation of gas on a firm or interruptible basis,

    • (v) the balancing of quantities to be imported and subsequently exported on a thermally equivalent basis, and

    • (vi) the injection, storage and withdrawal of gas from storage facilities;

  • (h) the environmental requirements that must be met for the order to take or remain in effect; and

  • (i) the requirement that the holder of the order comply with

    • (i) the Act and any regulation made under it, and

    • (ii) any order that applies to the holder of the order made under the Act.

  • SOR/2000-256, s. 5
  • SOR/2001-120, s. 2
 
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