ENERGY
Appeal from National Energy Board’s decision approving increase in tolls charged by pipeline operator for use of pipeline—National Energy Board Act, R.S.C., 1985, c. N-7, s. 59 giving Board power to set tolls in relation to pipelines—Any such toll must be just, reasonable, not discriminatory (ss. 62, 67)—Board must ensure tolls not taxes, not infringing on provincial jurisdiction—No basis for proposition that in setting tolls under Part IV, Board barred from taking into account costs incurred by pipeline operators on basis serve to improve infrastructure belonging to others—Appeal dismissed.
Flint Hills Resources, Ltd. v. Canada (National Energy Board) (A-509-05, 2006 FCA 320, Malone J.A., judgment dated 4/10/06, 6 pp.)
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