GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Northern Pipeline Act — N-26 21
Certificate issued 21 (1) A certificate of public convenience and necessity in respect of the pipeline is hereby declared to be issued to each company listed in Schedule II for that portion of the route indicated in the Agreement in respect of that company. Certificate considered to be issued by Board (2) A certificate of public convenience and necessity declared to be issued by subsection (1) is considered to be a certificate issued under section 52 of the National Energy Board Act on April 13, 1978. Terms and conditions (3) Every certificate declared to be issued by subsection (1) is subject to the terms and conditions set out in Schedule III. Amendments of terms and conditions (4) The Commission of the Regulator or the designated officer may rescind, amend or add to the terms and conditions set out in Schedule III or deemed to be set out therein but no rescission of or amendment to such a term or condition or addition of a term or condition is effective without the approval of the Governor in Council. Application of Foreign Investment Review Act (5) Where any question arises under Schedule III whether a person is or is not a non-eligible person within the meaning of the Foreign Investment Review Act , chapter 46 of the Statutes of Canada, 1973-74, that person shall apply under subsection 4(1) of that Act for a statement in writing from the Minister referred to in that subsection to the effect that the person is not a non-eligible person within the meaning of that Act and that Minister shall deal with the application in the same manner as if it were an application for an opinion pursuant to a question arising under that Act, and any statement in writing furnished by that Minister is binding in accordance with that subsection but only for the purposes of this Act. Shareholder agreement not to be amended (6) Every certificate of public convenience and necessity declared to be issued by this Act is subject to the condition that Westcoast Transmission Company Limited, Alberta Gas Trunk Line Company Limited and Foothills Pipe Lines (Yukon) Ltd. shall not, without the prior approval of the Governor in Council and the Commission of the Regulator, terminate, alter or amend the shareholders agreement entered into by those companies dated August 4, 1977 as amended prior to February 3, 1978. R.S., 1985, c. N-26, s. 21; 2012, c. 19, s. 113 2019, c. 28, s. 124
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Powers of designated officer 22 (1) The designated officer may, with the concurrence of the Minister, issue such orders and directions to the companies and grant such approvals to them as may be necessary to carry out the terms and conditions set out in Schedule III. Deemed undertakings (2) Every undertaking given by Foothills Pipe Lines (Yukon) Ltd., the Alberta Gas Trunk Line (Canada) Limited, Westcoast Transmission Company Limited and Alberta Natural Gas Company Ltd. and in the submission of the Alberta Gas Trunk Line Company Limited to the Board, as amended during the Hearing, is deemed to be (a) an undertaking of every company in so far as the undertaking relates to the company and to the portion of the route indicated in the Agreement in respect of that company; and (b) a term or condition set out in Schedule III. 1977-78, c. 20, s. 21
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Publication and report 23 A direction issued by the Governor in Council under subsection 20(1) or (2) or an approval under subsection 21(4) shall be published forthwith in the Canada Gazette and the Minister shall cause a copy of the direction or approval to be laid before Parliament on any of the first fifteen days that either House of Parliament is sitting after the direction or approval is given. 1977-78, c. 20, s. 22
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Decision or order final 24 (1) A decision or order of the Commission of the Regulator in relation to the pipeline is valid and effective, final and conclusive and, except as provided in subsection (2), no such decision or order or any proceeding of the Commission of the Regulator resulting in the issue of such a decision or order is subject to any proceeding by way of appeal or review in any court or to be questioned, enjoined, prohibited, removed, restrained, set aside or otherwise affected by any such proceeding. Judicial review (2) Where a person is directly affected by a decision or order of the Commission of the Regulator in relation to the pipeline, that person may apply for a review of the decision or order under the Federal Courts Act by filing a notice of the application in the Federal Court of Appeal within thirty days after the decision or order is made or within such further time as the Court or a judge thereof may, either before or after the expiration of those thirty days, fix or allow. R.S., 1985, c. N-26, s. 24; 1990, c. 8, s. 59; 2002, c. 8, s. 182 2019, c. 28, s. 124
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Native claims unaffected 25 Notwithstanding this Act, any native claim, right, title or interest that the native people of Canada may have had prior to April 13, 1978 in and to the land on which the pipeline will be situated continues to exist until a settlement in respect of any such claim, right, title or interest is effected. 1977-78, c. 20, s. 23.1
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Notice of failure to comply 26 (1) Where a company fails to comply with (a) a term or condition of a certificate of public convenience and necessity declared to be issued by subsection 21(1), or (b) an order or direction issued by the Commission of the Regulator or the designated officer in relation to such a certificate, the designated officer may (c) give the company written notice of the failure and set, in the notice, a time within which the company shall comply with the term or condition or order or direction, and (d) cause the notice to be served on the company by registered mail or in person. Penalty (2) Where, pursuant to subsection (1), the designated officer gives the company notice of failure to comply and the company fails, within the time set out in the notice and without lawful excuse, to comply with the term or condition or order or direction, set out in the notice, the Minister may issue an assessment against the company imposing a penalty, not exceeding ten thousand dollars for each day during which the failure continues, on the company. Notice of assessment (3) Where the Minister issues an assessment under subsection (2) against a company, he shall cause a notice of the assessment to be served forthwith on the company and notice thereof to be published in the Canada Gazette . Objection (4) A company that objects to an assessment under subsection (2) may, within thirty days from the day of mailing of the notice of assessment, serve on the Minister a notice of objection, in duplicate, in such form as the Governor in Council may prescribe setting out the reason for the objection and the relevant facts. Service (5) A notice of assessment under subsection (3) and a notice of objection under subsection (4) shall be served by being sent by registered mail. Representation (6) On receipt of a notice of objection under subsection (4) from a company, the Minister shall, with all due dispatch, reconsider the assessment objected to and vacate, confirm or vary the assessment and he shall thereupon notify the company of his action by registered mail. R.S., 1985, c. N-26, s. 26 2019, c. 28, s. 124
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Right of appeal 27 (1) Where a company receives a notice referred to in subsection 26(6), the company may, within thirty days after receipt of the notice and without serving a notice of objection to the action taken by the Minister under that subsection, appeal the action to the Federal Court. Institution of appeal (2) An appeal to the Federal Court under subsection (1) shall be instituted in the manner set out in section 48 of the Federal Courts Act . Burden of proof (3) In an appeal under this section, the burden of establishing the facts justifying the assessment of the penalty is on the Minister. Disposal of appeal (4) The Federal Court may dispose of an appeal under this section by (a) allowing it; (b) dismissing it; or (c) dismissing it and varying the penalty but, in varying the penalty, the Federal Court shall not increase the penalty beyond the maximum penalty permitted by section 26. R.S., 1985, c. N-26, s. 27; 2002, c. 8, ss. 182, 183
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Debt due Her Majesty 28 A penalty payable under this Act is a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction. 1977-78, c. 20, s. 28
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Costs of Agency to be recovered 29 (1) Every certificate of public convenience and necessity declared to be issued by subsection 21(1) to a company is subject to the condition that the company shall annually pay to the Receiver General an amount equal to the costs that are attributable to the Agency’s responsibilities under this Act and that are incurred by the Agency in the previous fiscal year with respect to that company. Invoicing (2) The Agency shall, no later than November 15 in each year, issue to each company an invoice for the amount payable under subsection (1). Payment period (3) Any amount that is payable under subsection (1) shall be paid no later than the 30th day after the date of the invoice. Interest (4) If a company fails to pay any amount invoiced within the required period, the company shall pay interest on the outstanding amount at a rate of 1.5% per month, compounded monthly, beginning on the 31st day after the date of the invoice. R.S., 1985, c. N-26, s. 29; 1993, c. 34, s. 98; 2017, c. 33, s. 194
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Where Minister may perform terms and conditions 30 (1) Where a company fails or refuses to comply with a term or condition to which the certificate of public convenience and necessity declared to be issued to it is subject or with an order or direction issued to it pursuant to subsection 22(1), the Minister may, after thirty days notice of his intention to do so, take all reasonable measures, or direct any person he considers qualified to do so to take such measures, as are required to perform the term or condition or carry out the order or direction, unless within the thirty days the company has complied with the term or condition or order or direction, as the case may be, or has made arrangements that are satisfactory to the Minister to comply with the term or condition or order or direction. Access to property (2) Where, pursuant to subsection (1), the Minister or another person undertakes the performance of a term or condition or the carrying out of an order or direction, the Minister or that other person may enter and have access through any place or property and may do all reasonable things in order to perform the term or condition or carry out the order or direction. Personal liability (3) The Minister or any person he directs, pursuant to subsection (1), to perform a term or condition or carry out an order or direction is not personally liable civilly or criminally in respect of any act or omission in the course of performing the relevant term or condition or carrying out the order or direction under that subsection unless it is shown that he did not act reasonably. Liability to Her Majesty (4) Where, pursuant to subsection (1), the Minister or any person he directs to perform a term or condition or carry out an order or direction takes such reasonable measures as are required to perform the term or condition or carry out the order or direction that a company has failed or refused to comply with, the company is liable for all costs and expenses connected therewith incurred by Her Majesty in right of Canada to the extent that those costs and expenses can be established to have been reasonably incurred in the circumstances. Procedure (5) A claim under this section against a company may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken therefor in the name of Her Majesty in that right in any court of competent jurisdiction. Limitation (6) No proceedings in respect of a claim under this section may be commenced after two years from the time the Minister or any person he directed, pursuant to subsection (1), to perform a term or condition or carry out an order or direction completed such reasonable measures as were required to perform the term or condition or carry out the order or direction that the company failed or refused to comply with. 1977-78, c. 20, s. 30
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Application 31 (1) Sections 225 to 240 of the Canadian Energy Regulator Act , as modified by this Part, apply to every company and if there is any conflict between this Part and the Canadian Energy Regulator Act , this Part prevails. Single tariff (2) If, in the opinion of the Commission of the Regulator, it is desirable that a single tariff be established in Canada in respect of the pipeline, the Commission of the Regulator may, on application of Foothills Pipe Lines (Yukon) Ltd. or on its own motion, by order, require Foothills Pipe Lines (Yukon) Ltd. to file such a tariff and, if the Commission of the Regulator does so, Foothills Pipe Lines (Yukon) Ltd. is deemed to be a company for the purposes of this Part and sections 225 to 240 of the Canadian Energy Regulator Act and every other company is relieved from any obligation to file a tariff until the Commission of the Regulator rescinds that order. R.S., 1985, c. N-26, s. 31 2019, c. 28, s. 121
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Consultation with United States regulatory authorities 32 The Commission of the Regulator may, in order to carry out the obligation set out in paragraph 9 of the Agreement, consult with the appropriate regulatory authority of the United States with respect to matters set out in the Agreement. R.S., 1985, c. N-26, s. 32 2019, c. 28, s. 124
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Commission of the Regulator to apply Agreement 33 The Commission of the Regulator shall, in fixing the tolls and tariffs of a company, apply the requirements of the Agreement, in particular the requirements of paragraphs 4, 5, 6, 11 and 12 thereof, and shall include in its determination of an appropriate toll and tariff any amounts, not exceeding the maximum amounts set out in the Agreement, paid by the company on account of the Yukon road allowance and Yukon property tax. R.S., 1985, c. N-26, s. 33 2019, c. 28, s. 124
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Rate of return 34 The Commission of the Regulator shall, in determining an appropriate rate of return on equity investment in a company, (a) take into account (i) the capital cost estimates set out in the Agreement, and (ii) the extent to which variations in actual costs from the estimates referred to in subparagraph (i) were within or outside the control of the company; (b) establish a rate of return, taking into account the factors set out in paragraph (a), that is not detrimental, when taken into account with the rate of return of every other company, to the financing of the Dempster Line described in the Agreement; and (c) comply with such regulations as the Governor in Council may make prescribing or otherwise relating to the manner of calculating the rate of return. R.S., 1985, c. N-26, s. 34 2019, c. 28, s. 124
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Prior approval 35 Where a company files a tariff at the time the financing of the pipeline is being considered, the Regulator may approve the form and content of the tariff and the rate of return on the equity investment of the company. R.S., 1985, c. N-26, s. 35 2019, c. 28, s. 122
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Regulations 36 The Governor in Council may make such regulations under this Part in respect of tolls and tariffs as may be necessary to give effect to the Agreement including regulations prescribing or otherwise relating to the manner of calculating an appropriate rate of return on equity investment of a company and the methods of applying the incentive scheme set out in subparagraph 4(b) of the Agreement. 1977-78, c. 20, s. 36
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Commissioner’s lands 37 (1) If the Governor in Council is of the opinion that lands in Yukon are required temporarily or otherwise for the construction, maintenance or operation of the pipeline including, without limiting the generality of the foregoing, lands required for camps, roads and other related works, the Governor in Council may, by order, after consultation with the member of the Executive Council of Yukon who is responsible for the lands, take the administration and control of them from the Commissioner and transfer the administration of those lands to the Minister. Company to provide plans of lands required (2) Foothills Pipe Lines (South Yukon) Ltd. shall provide the Minister with a copy of all plans, profiles and books of reference certified by the designated officer pursuant to subsection 7(2) showing the real property in Yukon vested in Her Majesty in right of Canada that are required to permit construction of the pipeline. Grant of easement to company (3) Where Foothills Pipe Lines (South Yukon) Ltd. provides the Minister with a copy of the plans, profiles and books of reference referred to in subsection (2), the Governor in Council may authorize, on such terms and conditions as he considers appropriate, the grant of an easement to Foothills Pipe Lines (South Yukon) Ltd. for the construction of the pipeline and, on the giving of leave to open the last section or part of the pipeline by the Commission of the Regulator and subject to subsection (4), for the purpose of the operation and maintenance thereof. Company to file plan of survey (4) Within two years after leave to open the last section or part of the pipeline has been given by the Commission of the Regulator or any further period, not exceeding six months, that the Governor in Council may approve, Foothills Pipe Lines (South Yukon) Ltd. shall send to the Surveyor General at Ottawa a plan of survey under Part II of the Canada Lands Surveys Act , for confirmation by the Surveyor General under that Act, as an official plan in respect of lands in Yukon vested in Her Majesty in right of Canada required for the maintenance and operation of the pipeline. R.S., 1985, c. N-26, s. 37; 1991, c. 50, s. 34; 1998, c. 14, s. 101(F); 2002, c. 7, s. 217 2019, c. 28, s. 124
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Offences 38 (1) Every person who wilfully and without lawful excuse fails to comply with (a) a term or condition of a certificate of public convenience and necessity declared to be issued by subsection 21(1), (b) an order issued by the Commission of the Regulator or the designated officer in relation to such a certificate, or (c) any other provision of this Act, is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars. Officers, etc., of companies (2) Where a company commits an offence under this Act, any officer, director or agent of the company who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the company has been prosecuted or convicted. Continuing offence (3) Where an offence under this Act is committed or continued on more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued. Limitation (4) Proceedings in respect of an offence under this Act may be instituted at any time within one year of the time the subject-matter of the proceedings arose. Consent of Attorney General of Canada (5) Proceedings in respect of an offence under this Act may not be instituted without the consent of the Attorney General of Canada. R.S., 1985, c. N-26, s. 38 2019, c. 28, s. 124
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Transitional 39 When Part I, except sections 21, 29 and 30, ceases to be in force, any power given to the Minister, the Agency or the designated officer with respect to a certificate of public convenience and necessity declared to be issued by this Act is transferred to the Commission of the Regulator. R.S., 1985, c. N-26, s. 39 2019, c. 28, s. 124
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Part I ceases to apply 40 (1) Subject to subsection (2), section 4 and Part I, except sections 21, 29 and 30, cease to be in force one year after the day on which leave to open the last section or part of the pipeline is given by the Commission of the Regulator. Extension of Act (2) Where, prior to the day on which leave to open the last section or part of the pipeline is given by the Commission of the Regulator, a certificate of public convenience and necessity is issued for the construction of the lateral pipeline to transmit northern Canadian gas, referred to in the Agreement as the Dempster Line, and both Houses of Parliament, by joint resolution, direct that section 4 and that part of Part I that would cease to be in force under subsection (1) shall continue in force with such amendments as are provided in that resolution, section 4 and that part of Part I as amended by the joint resolution continue in force in accordance with that joint resolution. R.S., 1985, c. N-26, s. 40 2019, c. 28, s. 123(E) 2019, c. 28, s. 124
Northern Pipeline Act — N-26
The Government of Canada and the Government of the United States of America,
Northern Pipeline Act — N-26
DESIRING to advance the national economic and energy interests and to maximize related industrial benefits of each country, through the construction and operation of a pipeline system to provide for the transportation of natural gas from Alaska and from Northern Canada,
Northern Pipeline Act — N-26
Hereby agree to the following principles for the construction and operation of such a system:
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1 Pipeline Route The construction and operation of a pipeline for the transmission of Alaskan natural gas will be along the route set forth in Annex I, such pipeline being hereinafter referred to as “the Pipeline”. All necessary action will be taken to authorize the construction and operation of the Pipeline in accordance with the principles set out in this Agreement.
Northern Pipeline Act — N-26
The construction and operation of a pipeline for the transmission of Alaskan natural gas will be along the route set forth in Annex I, such pipeline being hereinafter referred to as “the Pipeline”. All necessary action will be taken to authorize the construction and operation of the Pipeline in accordance with the principles set out in this Agreement.
Northern Pipeline Act — N-26 2.
2. Expeditious Construction; Timetable (a) Both Governments will take measures to ensure the prompt issuance of all necessary permits, licenses, certificates, rights-of-way, leases and other authorizations required for the expeditious construction and commencement of operation of the Pipeline, with a view to commencing construction according to the following timetable: — Alaska — January 1, 1980 — Yukon — main line pipe laying January 1, 1981 — Other construction in Canada to provide for timely completion of the Pipeline to enable initial operation by January 1, 1983. (b) All charges for such permits, licenses, certificates, rights-of-way, leases and other authorizations will be just and reasonable and apply to the Pipeline in the same non-discriminatory manner as to any other similar pipeline. (c) Both Governments will take measures necessary to facilitate the expeditious and efficient construction of the Pipeline, consistent with the respective regulatory requirements of each country.
Northern Pipeline Act — N-26 (a)
(a) Both Governments will take measures to ensure the prompt issuance of all necessary permits, licenses, certificates, rights-of-way, leases and other authorizations required for the expeditious construction and commencement of operation of the Pipeline, with a view to commencing construction according to the following timetable: — Alaska — January 1, 1980 — Yukon — main line pipe laying January 1, 1981 — Other construction in Canada to provide for timely completion of the Pipeline to enable initial operation by January 1, 1983.