GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Energy Regulator Act — C-15.1 214
Orders 214 (1) The Commission may, by order, exempt from the application of any or all of the provisions of section 179 , subsection 180 (1) and sections 182 , 198 , 199 and 213 (a) pipelines or branches of or extensions to pipelines, of not more than 40 kilometres in length; (b) pipelines that have already been constructed; and (c) any tanks, reservoirs, storage or loading facilities, pumps, racks, compressors, interstation communication systems, real or personal property, or immovable or movable, and any connected works. Conditions (2) In any order made under subsection (1), the Commission may impose any conditions that it considers appropriate. Time limit (3) If an application for an order under subsection (1) is made, the Commission must, within the time limit specified by the Lead Commissioner, either make an order under that subsection or dismiss the application. Maximum time limit (4) The time limit specified by the Lead Commissioner must be no longer than 300 days after the day on which the applicant has, in the Commission’s opinion, provided a complete application. Excluded period (5) In the circumstances prescribed by regulations made under section 216 , the Lead Commissioner may specify that a period is to be excluded from the calculation of the time limit. The Lead Commissioner must provide reasons for doing so. Extension (6) The Minister may, by order, grant one or more extensions of the time limit specified under subsection (3). Publication (7) The Commission must make public the time limit specified under subsection (3), any period that is excluded under subsection (5), the reasons for the exclusion and any extension of time granted under subsection (6). Application related to application for certificate (8) Despite subsections (3) to (6), if the Lead Commissioner considers that an application for an exemption is related to an application for a certificate in respect of a pipeline, the time limit within which to make an order under subsection (1) or to dismiss the application for an exemption expires on the day on which the certificate is issued or the application for the certificate is dismissed. Continuation of jurisdiction and obligation (9) A failure by the Commission to make an order under subsection (1) or dismiss the application within the required time limit does not affect its jurisdiction to deal with the application or its obligation to make the order or to dismiss the application, and anything done by it in relation to the application remains valid.
Canadian Energy Regulator Act — C-15.1 215
Impact Assessment Act 215 If the application for an exemption relates to a designated project , as defined in section 2 of the Impact Assessment Act , that is subject to an impact assessment under that Act, (a) the time limit within which the Commission must make an order under subsection 214 (1) or dismiss the application is seven days after the day on which the decision statement with respect to the designated project is posted on the Internet under section 66 of that Act; and (b) subsections 214 (3) to (8) do not apply.
Canadian Energy Regulator Act — C-15.1 216
Power of the Regulator 216 The Regulator may make regulations prescribing, for the purposes of subsection 183 (5) or 214 (5), the circumstances in which periods may be excluded from the calculation of the time limit.
Canadian Energy Regulator Act — C-15.1 217
Construction — utility 217 (1) A company must not construct a pipeline that passes on, over, along or under a utility unless a certificate has been issued, or an order has been made under section 214 , in respect of the pipeline, and (a) the certificate or order contains a condition relating to that utility; (b) the company has been granted leave under subsection (2); or (c) the company is constructing the pipeline in circumstances specified in an order or regulation made under subsection (4). Authority to grant leave (2) The Commission may, by order, on application, grant a company leave to construct a pipeline that passes on, over, along or under a utility. It may require from the applicant any plans, profiles and other information that it considers necessary to deal with the application. Conditions (3) The leave may be granted in whole or in part and be subject to any conditions that the Commission considers appropriate. Circumstances (4) The Regulator may specify circumstances for the purposes of paragraph (1)(c) by regulation, and the Commission may do so by order. Leave in emergency cases (5) The Commission may grant leave under subsection (2) after construction of the work has commenced if it is satisfied that the work was urgently required and, before the commencement of construction, it was notified of the company’s intention to proceed with the work. Definition of utility (6) In this section, utility means a highway, an irrigation ditch, a publicly owned or operated drainage system, sewer or dike, an underground telecommunications line or a line for the transmission of hydrocarbons, electricity or any other substance.
Canadian Energy Regulator Act — C-15.1 218
Construction or operation — navigable water 218 A person must not construct or operate a pipeline that passes in, on, over, under, through or across a navigable water unless a certificate has been issued, or an order has been made under section 214 , in respect of the pipeline.
Canadian Energy Regulator Act — C-15.1 219
Effects of recommendation on navigation 219 (1) In making its recommendation in a report prepared under section 183 , the Commission must also take into account the effects that the issuance of a certificate in respect of a pipeline that passes in, on, over, under, through or across a navigable water might have on navigation, including on the safety of navigation. Effects of decision on navigation (2) When deciding whether to make an order, give a direction or grant a leave, approval or exemption in respect of a pipeline that passes in, on, over, under, through or across a navigable water, the Commission must take into account the effects that its decision might have on navigation, including on the safety of navigation, in addition to any other factor that it considers appropriate.
Canadian Energy Regulator Act — C-15.1 220
Pipeline not work 220 Despite the definition work in section 2 of the Canadian Navigable Waters Act , a pipeline is not a work to which that Act applies.
Canadian Energy Regulator Act — C-15.1 221
Regulations 221 (1) The Governor in Council may, for purposes related to navigation, on the joint recommendation of the Minister and the Minister of Transport, make regulations respecting sections or parts of pipelines that pass in, on, over, under, through or across a navigable water, including regulations respecting (a) their design, construction or operation; (b) the making of deviations to them; (c) their relocation; (d) the safety and security of their operation; and (e) their abandonment. Offence (2) Every person who contravenes a regulation made under subsection (1) is guilty of an offence punishable on summary conviction. Application of subsections 379 (2) to (6) (3) Subsections 379 (2) to (6) apply, with any modifications that the circumstances require, in respect of an offence under this section.
Canadian Energy Regulator Act — C-15.1 222
Existing terms and conditions 222 (1) Terms and conditions in respect of a pipeline that were, at any time before July 3, 2013, imposed under section 108 of the National Energy Board Act , are considered to be conditions set out in the certificate issued, or order made under section 214 , as the case may be, in respect of the pipeline. Construction without leave (2) If, at any time before July 3, 2013, the Minister of Transport or the National Energy Board had provided, under section 108 of the National Energy Board Act , that leave under that section was not necessary because the pipeline was to be constructed in accordance with certain orders, regulations, plans and specifications, a company must not construct the pipeline other than in accordance with those orders, regulations, plans and specifications or as specified by the Commission.
Canadian Energy Regulator Act — C-15.1 223
Offence and punishment 223 (1) Every person who contravenes subsection 217 (1), section 218 or subsection 222 (2) is guilty of an offence and is liable (a) on conviction on indictment to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both; or (b) on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both. Application of subsections 379 (2) to (6) (2) Subsections 379 (2) to (6) apply, with any modifications that the circumstances require, in respect of an offence under this section.
Canadian Energy Regulator Act — C-15.1 224
If pipeline affixed to any real property or immovables 224 (1) Despite the other provisions of this Act, or any general or Special Act or law, if any section or part of a company’s pipeline passes on, over, along or under a utility , as defined in subsection 217 (6) — or passes in, on, over, under, through or across a navigable water — and that section or part of the pipeline has been affixed to any real property or immovable in any of the circumstances referred to in subsection (2), (a) that section or part of the pipeline remains subject to the rights of the company and remains the property of the company as fully as it was before being affixed and does not become part of the real property or immovable of any person other than the company unless otherwise agreed by the company in writing and unless notice of the agreement in writing has been filed with the Regulator; and (b) subject to the other provisions of this Act, the company may create a lien, mortgage, charge or other security, or the company may constitute a hypothec, on that section or part of the pipeline. Circumstances (2) The following are the circumstances for the purposes of subsection (1): (a) leave has been obtained under subsection 217 (2) or (5) in respect of the pipeline; (b) the certificate issued, or the order made under section 214 , in respect of the pipeline contains a condition relating to the utility; (c) the pipeline has been constructed in circumstances specified in an order or regulation made under subsection 217 (4); (d) a certificate has been issued, or an order has been made under section 214 , in respect of the pipeline and the pipeline passes in, on, over, under, through or across a navigable water; and (e) leave has been obtained under section 108 of the National Energy Board Act in respect of the pipeline at any time before July 3, 2013.
Canadian Energy Regulator Act — C-15.1 225
Definition of tariff 225 In sections 226 to 240 , tariff means a schedule of tolls, conditions, classifications, practices or rules and regulations applicable to the provision of a service by a company, and includes rules respecting the calculation of tolls.
Canadian Energy Regulator Act — C-15.1 226
Orders 226 The Commission may make orders with respect to all matters relating to traffic, tolls or tariffs.
Canadian Energy Regulator Act — C-15.1 227
Tariff to be filed 227 A company must file each tariff it makes and any amendments made to a tariff, with the Regulator.
Canadian Energy Regulator Act — C-15.1 228
Commencement of tariff 228 If a company files a tariff with the Regulator and the company proposes to charge a toll referred to in paragraph (b) of the definition toll in section 2 , the Commission may establish the day on which the tariff is to come into effect, and the company is prohibited from charging the toll before that day.
Canadian Energy Regulator Act — C-15.1 229
Authorized tolls 229 (1) A company is prohibited from charging a toll unless the toll is (a) specified in a tariff that is filed with the Regulator and is in effect; or (b) approved by an order of the Commission. Deemed tariff (2) If the oil, gas or other commodity transmitted by a company through its pipeline is the property of the company, the company must, if requested by the Regulator, file copies of any contract it enters into for the sale of the oil, gas or commodity, or any amendments it makes to such a contract, with the Regulator and those copies are deemed, for the purpose of sections 225 to 240 , to be a tariff filed in accordance with subsection (1).
Canadian Energy Regulator Act — C-15.1 230
Tolls 230 All tolls must be just and reasonable, and must 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.
Canadian Energy Regulator Act — C-15.1 231
Determination — Commission 231 The Commission may determine (a) whether traffic is or has been carried under substantially similar circumstances and conditions for the purposes of section 230 ; (b) whether a company has complied with the provisions of section 230 ; and (c) whether there has been unjust discrimination for the purposes of section 235 .
Canadian Energy Regulator Act — C-15.1 232
Interim tolls 232 If the Commission has made an interim order authorizing a company to charge tolls until a specified time or the happening of a specified event, the Commission may, in any subsequent order, direct the company (a) to refund, in the manner that the Commission considers appropriate, the part of the tolls charged 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 to be refunded; or (b) to recover in its tolls, in the manner that the Commission considers appropriate, the amount by which the tolls determined by the Commission to be just and reasonable exceed the tolls charged under the interim order, together with interest on the amount to be recovered.
Canadian Energy Regulator Act — C-15.1 233
Disallowance 233 The Commission may disallow any tariff or any portion of a tariff that it considers to be contrary to this Act or to any order of the Commission, and may require a company to substitute in its place, within a prescribed time, a tariff that the Commission considers satisfactory, or may prescribe other tariffs in place of the tariff or the portion of the tariff that is disallowed.
Canadian Energy Regulator Act — C-15.1 234
Suspension 234 The Commission may suspend the application of any tariff or any portion of a tariff before or after the tariff goes into effect.
Canadian Energy Regulator Act — C-15.1 235
No unjust discrimination 235 A company must not make any unjust discrimination in tolls, service or facilities against any person or locality.
Canadian Energy Regulator Act — C-15.1 236
Burden of proof 236 If it is shown that a company 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 company.
Canadian Energy Regulator Act — C-15.1 237
Prohibition 237 (1) A company or shipper, or an officer, employee or agent or mandatary of a company or shipper, is guilty of an offence punishable on summary conviction if they (a) offer, grant, give, solicit, accept or receive a rebate, concession or discrimination that allows a person to obtain transmission of hydrocarbons or any other commodity by a company at a rate less than that named in the tariffs then in effect; or (b) knowingly are party or privy to a false billing, false classification, false report or other device that has the effect set out in paragraph (a). Due diligence (2) A person is not to be found guilty of an offence under paragraph (1)(a) if they establish that they exercised due diligence to prevent the commission of the offence. Prosecution (3) No prosecution may be instituted for an offence under this section without leave of the Commission.
Canadian Energy Regulator Act — C-15.1 238
General rule 238 (1) Except as provided in this section, no contract, condition or notice made or given by a company limiting its liability in respect of the transmission of hydrocarbons or any other commodity relieves the company from its liability, unless that class of contract, condition or notice is included as a condition of its tariffs that are filed with the Regulator or has been first approved by order of the Commission or authorized by regulation. Limitation of liability (2) The Commission may determine the extent to which the liability of a company may be limited as provided in this section. Conditions (3) The Commission may prescribe the conditions under which hydrocarbons or any other commodity may be transmitted by a company.
Canadian Energy Regulator Act — C-15.1 239
Duty — company 239 (1) Subject to any regulations that the Commission may prescribe and any exemptions or conditions it may impose, a company operating a pipeline for the transmission of oil must, according to its powers, without delay and with due care and diligence, receive, transport and deliver all oil offered for transmission by means of its pipeline. Commission’s orders (2) The Commission may, by order, on any conditions that it specifies in the order, require a company operating a pipeline for the transmission of gas or a commodity other than oil to, according to its powers, receive, transport and deliver such a commodity offered for transmission by means of its pipeline. Extension of facilities (3) If the Commission considers it necessary or in the public interest and it finds that no undue burden will be placed on the company, it may require a company operating a pipeline for the transmission of oil, gas or any other commodity to provide adequate and suitable facilities for (a) receiving, transmitting and delivering the oil, gas or other commodity offered for transmission by means of its pipeline; (b) storing the oil, gas or other commodity; and (c) joining its pipeline with other facilities for the transmission of oil, gas or any other commodity.
Canadian Energy Regulator Act — C-15.1 240
Extension or improvement 240 (1) If the Commission considers it necessary or in the public interest and it finds that no undue burden will be placed on the company, it may direct a company operating a pipeline for the transmission of gas to extend or improve its facilities to facilitate joining its pipeline with the facilities of, and sell gas to, any person or municipality engaged or legally authorized to engage in the local distribution of gas to the public, and for those purposes to construct branch lines to communities immediately adjacent to its pipeline. Limitation (2) Subsection (1) does not empower the Commission to compel a company to sell gas to additional customers if to do so would impair its ability to render adequate service to its existing customers. Deemed toll (3) If the gas transmitted by a company through its pipeline is the property of the company, the differential between the cost to the company of the gas at the point where it enters its pipeline and the amount for which the gas is sold by the company is, for the purposes of sections 225 to 240 , deemed to be a toll charged by the company to the purchaser for the transmission of that gas.
Canadian Energy Regulator Act — C-15.1 241
Limitation 241 (1) A company must not abandon a pipeline unless the Commission has, by order, granted it leave to do so. Notice to owners (2) If a company has submitted to the Regulator an application to abandon a pipeline, the company must, in the form and manner specified by the Commission, (a) serve a notice on all owners of lands through which the pipeline passes, insofar as they can be ascertained; and (b) publish a notice in at least one issue of a publication, if any, in general circulation within the area in which the lands are situated. Public hearing (3) If a written statement of opposition to the abandonment is filed with the Regulator or if a person requests in writing that a hearing be held in respect of the application for leave to abandon the operation of a pipeline, the Commission must order that a public hearing be conducted in respect of the application unless (a) the person who filed the written statement or who requested the hearing files a notice of withdrawal with the Regulator; or (b) the Commission considers that the opposition or request is frivolous or vexatious or is not made in good faith. Conditions (4) The Commission may, on granting leave to abandon a pipeline, impose any conditions that it considers appropriate. Liability of company (5) A company that has been granted leave to abandon a pipeline continues to be liable for the abandoned pipeline under this Act.
Canadian Energy Regulator Act — C-15.1 242
Costs and expenses related to abandonment 242 (1) The Commission may order a company to take any measure, including maintaining funds or security, that the Commission considers necessary to ensure that the company has the ability to pay for the abandonment of its pipeline and to pay any costs and expenses related to its abandoned pipeline. Funds or security (2) If the Commission orders a company to maintain funds or security, the Commission may (a) order the company to use all or a portion of the funds or security to pay for the abandonment of the pipeline or to pay the costs and expenses related to the abandoned pipeline; (b) authorize a third party or an employee of the Regulator — or class of employees of the Regulator — to use all or a portion of the funds or security to pay for that abandonment or to pay those costs and expenses; (c) realize all or a portion of the security in order to enable a third party or the Regulator to pay for that abandonment or to pay those costs and expenses; and (d) order that any surplus referred to in subsection 246 (2) be paid into the Consolidated Revenue Fund and credited to the Orphan Pipelines Account.
Canadian Energy Regulator Act — C-15.1 243
Orphan pipelines 243 (1) A designated officer may, by order, designate a pipeline as an orphan pipeline if the directors or officers of the company that holds the certificate in respect of the pipeline cannot be located or if that company is unknown, insolvent, bankrupt, subject to a receivership, dissolved or cannot be located. Holder of certificate (2) For the purposes of subsection (1), a person that is named in an order made under section 214 in respect of the pipeline, or that is authorized under a Special Act to operate the pipeline, is considered to be the company that holds the certificate.
Canadian Energy Regulator Act — C-15.1 244
Orphan abandoned pipelines 244 A designated officer may, by order, designate an abandoned pipeline as an orphan abandoned pipeline if the directors or officers of the company that owns it cannot be located or if that company is unknown, insolvent, bankrupt, subject to a receivership, dissolved or cannot be located.
Canadian Energy Regulator Act — C-15.1 245
Measures 245 (1) A designated officer may take any action or measure that they consider necessary in relation to the abandonment of an orphan pipeline or in relation to an orphan abandoned pipeline or they may authorize a third party or an employee of the Regulator — or class of employees of the Regulator — to take the action or measure. No liability (2) No action lies against the Regulator or an employee of the Regulator or against a servant of the Crown , as those terms are defined in section 2 of the Crown Liability and Proceedings Act , in respect of any act or omission committed in taking any action or measure referred to in subsection (1). Third party liability (3) A third party that is authorized under subsection (1) to take any action or measure referred to in that subsection is not liable in respect of any act or omission committed in good faith in taking those actions or measures.