Bill 41 — Third Session, 22Nd Legislature, 40 Elizabeth Ii the Legislative Assembly of Alberta Bill 41 Natural Gas Marketing Amendment Act, 1991 (Legislature 22, Session 3)

L22 S3 2593

Alberta — Bills

1991 BILL 41 Third Session, 22nd Legislature, 40 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 41 NATURAL GAS MARKETING AMENDMENT ACT, 1991 THE MINISTER OF ENERGY First Reading Second Reading Committee of the Whole Third Reading Royal Assent Title: 1991 (22nd, 3rd) Bill 41, Natural Gas Marketing Amendment Act, 1991

Bill 41 BILL 41 1991 NATURAL GAS MARKETING AMENDMENT ACT, 1991 (Assented to , 1991) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 The Natural Gas Marketing Act is amended by this Act. 2 The following is added after

section 9: 9.1(1) In this section, (a) “continuation period”, in relation to a netback pricing agreement to which a designated shipper is a party, means the period commencing on the effective date of the designation order applicable to the shipper and ending on the date on which this

section ceases to apply to the shipper by reason of subsection (5); (b) “designated shipper” means a shipper designated by an order under subsection (2) as a shipper to whom this

section applies; (c) “designation order”, in relation to a designated shipper, means the order under subsection (2) designating that shipper as a shipper to whom this

section applies; (d) “effective date”, in relation to a designation order, means the date on which the order is made effective; (e) “netback pricing agreement” means an agreement between a shipper and a producer, whether contained in their producer-shipper contract not, providing for a netback pricing formula with respect to netback gas sold to the shipper under 1

Explanatory Notes 1 This Bill will amend

chapter N-2.8 of the Statutes of Alberta, 1986. 2 Continuation of netback pricing agreements. 1 Explanatory Notes

the producer-shipper contract, and includes a contract that varies or amends that agreement

(2) The Lieutenant Governor in Council may, by order designate a shipper as a shipper to whom this

section applies if the Lieutenant Governor in Council is of the opinion that the shipper is affiliated with, or is otherwise influenced in favour of, a major purchaser of gas acquired by that shipper. '

(3) A designation order may be made effective as of a date prior to the day on which it is made but not earlier than June 3, 1991,

(4) If a designation order is made in respect of a shipper and the shipper is a party to a netback pricing agreement in effect on the effective date of the designation order, (

a) the netback pricing agreement, in the form in which it stood on the effective date, remains binding on the parties during the continuation period of the agreement, notwithstanding any expiration or termination of the agreement occurring during the continuation period, and (

b) after the date on which the designation order is made and during the remainder of the continuation period of the agreement, the designated shipper shall not, except with the approval of the Commission and subject to any conditions prescribed by the Commission, purchase gas for resale unless the gas is purchased under a producer-shipper contract that was in effect on the effective date, whether or not the price to be paid under the contract is determined in accordance with a netback pricing agreement.

(5) This

section ceases to apply to a designated shipper and the netback pricing agreements to which the designated shipper is a party (

a) on a date determined in accordance with the regulations following a vote of the producers who are parties to the agreements conducted in accordance with the regulations and favouring the termination of the application of this

section to the shipper and the agreements, (

b) on the revocation of the designation order, or 2

2 Explanatory Notes

(

c) at any other time and in any other circumstances provided for in the regulations.

(6) The Lieutenant Governor in Council may make regulations (

a) respecting a vote of producers for any purpose under this section; (

b) respecting the time at which and the circumstances in which this

section ceases to apply to a designated shipper and to the netback pricing agreements to which the designated shipper is a party; (

c) respecting any other matter arising under this section.

(7) If this

section applies to a netback pricing agreement, it applies notwithstanding anything in that agreement or in the producer-shipper contract or any other contract or arrangement between the producer and the designated shipper who are parties to the agreement or any purported termination of the agreement.

(8) A person who contravenes this

section or a regulation under this

section is guilty of an offence.

(9) This

section is repealed on November 1, 1994 unless it is sooner repealed by Proclamation. 3 This Act comes into force on Proclamation. 3

3 Coming into force. Title: 1991 (22nd, 3rd) Bill 41, Natural Gas Marketing Amendment Act, 1991 3 Explanatory Notes

Document details

Collection	Alberta — Bills
Citation	L22 S3 2593
Type	bill
Volume / chapter	L22 S3 2593
Language	en
Format	json
Source	PROVINCIAL
Identifier	1711002003e87813f8876d96304b509956a549f3

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