Canada

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CACNSCREGDOC-2.3.3GuidanceIn force

Periodic Safety Reviews

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CACERCanadian Energy Regulator Act, s. 190Primary legislationIn force

Variation or transfer of certificates

The Canadian Energy Regulator Commission may vary or transfer energy certificates issued under the Act on its own initiative or upon application. The Minister may direct the Commission to recommend variations or transfers to the Governor in Council if deemed in the public interest. The Commission may impose conditions necessary to fulfill the Act's purposes when varying or transferring certificates.

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CACERCanadian Energy Regulator Act, s. 183Primary legislationIn force

Report

The Canadian Energy Regulator must prepare a report within 450 days on pipeline certificate applications, recommending approval or denial based on public convenience and necessity. The evaluation must consider environmental and cumulative effects, safety, Indigenous interests and rights, market feasibility, economic viability, financial capacity, and alignment with Canada's climate commitments.

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CACERCanadian Energy Regulator Act, s. 198Primary legislationIn force

Approval

Pipeline companies must obtain a Canadian Energy Regulator certificate before constructing any pipeline section, comply with all certificate conditions, secure Regulator approval of construction plans and specifications, and deposit certified copies in relevant land registries.

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CACERCanadian Energy Regulator Act, s. 143Primary legislationIn force

Establishment of Tribunal

Section 143 of the Canadian Energy Regulator Act authorizes the Governor in Council to establish a pipeline claims tribunal to examine and adjudicate compensation claims arising from pipeline releases. The tribunal may only be established if deemed in the public interest based on extent of damage, estimated costs, and administrative advantages. The tribunal must operate equitably without discrimination based on nationality or residence.

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CACNSCREGDOC-1.1.2GuidanceIn force

Licence Application Guide: Licence to Construct A Reactor Facility, Version 2

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CACNSCREGDOC-2.4.3GuidanceIn force

Nuclear Criticality Safety, Version 1.1

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CACNSCREGDOC-2.2.5GuidanceIn force

Minimum Staff Complement

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CACNSCREGDOC-2.8.1GuidanceIn force

Conventional Health and Safety

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CACNSCREGDOC-2.13.2GuidanceIn force

Import and Export, Version 2

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CACERCanadian Energy Regulator Act, s. 41Primary legislationIn force

Instructions regarding timeliness

The Lead Commissioner of the Canadian Energy Regulator may issue procedural instructions to commissioners handling applications to ensure timely processing and resolution of matters before the Commission.

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CACERCanadian Energy Regulator Act, s. 138Primary legislationIn force

Financial resources

Pipeline companies authorized under the Canadian Energy Regulator Act must maintain financial resources sufficient to cover liability limits set by the Commission. The Commission may specify required types and amounts of financial resources, including letters of credit, guarantees, bonds, insurance, and readily accessible funds. Companies must demonstrate compliance upon request and maintain these resources until obtaining abandonment approval.

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CACERCanadian Energy Regulator Act, s. 199Primary legislationIn force

Plan, profile and book of reference

Energy infrastructure proponents must submit a plan, profile, and book of reference to the Canadian Energy Regulator detailing all land parcels to be acquired or traversed, including parcel identification, dimensions, area, and owner/occupier information. The Regulator may require additional details as necessary.

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CACERCanadian Energy Regulator Act, s. 174Primary legislationIn force

Sentencing principles

Section 174 of the Canadian Energy Regulator Act mandates sentencing principles for pipeline offences involving unintended or uncontrolled releases of oil, gas, or commodities. Courts must increase fines based on aggravating factors including harm to human/environmental safety, intentional or reckless conduct, financial motivation, prior non-compliance, and post-offence concealment or failure to mitigate. Courts must provide written reasons if declining to apply identified aggravating factors.

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CACNSCREGDOC-2.7.1GuidanceIn force

Radiation Protection, Version 1.1

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CACERCanadian Energy Regulator Act, s. 351Primary legislationIn force

Suspension or revocation of licences — contravention

The Canadian Energy Regulator may suspend or revoke a licence if the holder breaches a licence condition or if the regulator deems it in the public interest (with ministerial approval). The licence holder must receive notice of the alleged contravention and an opportunity to respond before any order is made.

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CACERCanadian Energy Regulator Act, s. 353Primary legislationIn force

Regulations

Canadian Energy Regulator Act section 353 empowers the Governor in Council to make regulations governing oil and gas exports, including licence quantities, validity periods (up to 40 years for natural gas, 25 years for oil), inspection requirements, price controls, and exemptions for exports to Chile and Costa Rica.

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CACERCanadian Energy Regulator Act, s. 176Primary legislationIn force

Variation of sanctions

Under Canadian Energy Regulator Act section 176, courts may vary sanctions orders against offenders upon application if circumstances have changed. Courts can modify prohibitions, directions, requirements, or conditions; extend enforcement duration up to one year; reduce duration; or partially or fully relieve compliance obligations after hearing the offender, regulator, and interested parties.

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CACNSCREGDOC-1.2.2GuidanceIn force

Licence Application Guide: Class IB Processing Facilities

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CACNSCREGDOC-1.6.1GuidanceIn force

Licence Application Guide: Nuclear Substances and Radiation Devices, Version 2.1

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CACERCanadian Energy Regulator Act, s. 67Primary legislationIn force

Coming into force and cessation of effect — Commission

Section 67 of the Canadian Energy Regulator Act empowers the Commission, designated officers, and inspection officers to specify effective and cessation dates for authorization documents and orders, or impose conditions controlling their timing. Interim orders may be issued with decisions reserved, except for Part 3 certificates.

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CACNSCREGDOC-2.2.3GuidanceIn force

Personnel Certification: Radiation Safety Officers

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CACERCanadian Energy Regulator Act, s. 382Primary legislationIn force

Application

Section 382 of the Canadian Energy Regulator Act establishes procedural requirements for Commission decisions on declarations of significant or commercial discovery under the Canada Petroleum Resources Act. The Commission must provide at least 30 days' written notice to affected persons, allow written hearing requests within 30 days, conduct hearings where requested, and publish decision reasons upon request.

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CACERCanadian Energy Regulator Act, s. 35Primary legislationIn force

Rules

The Canadian Energy Regulator Commission is authorized to establish procedural rules governing its operations, including the powers and duties of commissioners, conduct of hearings, issuance of decisions and orders, and internal administrative procedures.

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CACERCanadian Energy Regulator Act, s. 82Primary legislationIn force

Recommendations on cooperative measures

The Canadian Energy Regulator may recommend measures to the Minister that it deems necessary or appropriate to facilitate cooperation with governmental and other agencies in Canada and internationally on energy matters, energy sources, and the safety and security of regulated and abandoned facilities.

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CACNSCREGDOC-1.2.3GuidanceIn force

Licence Application Guide: Licence to prepare Site for a Deep Geological Repository

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CACERCanadian Energy Regulator Act, s. 200Primary legislationIn force

Additional material to be deposited

Pipeline companies must deposit additional materials with the Canadian Energy Regulator beyond standard filings, including plans, specifications, and drawings for pipeline components, as required by the regulator.

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CACERCanadian Energy Regulator Act, s. 114Primary legislationIn force

Voluntary reporting

The Canadian Energy Regulator may establish voluntary reporting systems for alleged non-compliance with the Canadian Energy Regulator Act, subject to Governor in Council approval. Regulations may protect reporter identity, making identity-revealing information privileged and inadmissible in legal or disciplinary proceedings. Reports from protected systems cannot be used against the reporter.

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CACNSCREGDOC-3.1.2GuidanceIn force

Reporting Requirements, Volume I: Non-Power Reactor Class I Facilities and Uranium Mines and Mills, Version 1.1

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CACERCanadian Energy Regulator Act, s. 218Primary legislationIn force

Construction or operation — navigable water

Under Canadian Energy Regulator Act section 218, any person must obtain a certificate or order from the Canadian Energy Regulator before constructing or operating a pipeline that crosses navigable waters in any manner (in, on, over, under, through, or across).

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CACERCanadian Energy Regulator Act, s. 221Primary legislationIn force

Regulations

Section 221 of the Canadian Energy Regulator Act authorizes the Governor in Council to establish regulations for pipeline sections crossing navigable waters, covering design, construction, operation, safety, security, deviations, relocation, and abandonment. Violations are prosecutable as summary conviction offences.

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CACERCanadian Energy Regulator Act, s. 219Primary legislationIn force

Effects of recommendation on navigation

The Canadian Energy Regulator must consider navigation safety impacts as a material factor when recommending pipeline approvals and making regulatory decisions for pipelines crossing navigable waters.

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CACERCanadian Energy Regulator Act, s. 234Primary legislationIn force

Suspension

The Canadian Energy Regulator Commission may suspend application of any tariff or portion thereof before or after it becomes effective, providing regulatory authority over energy infrastructure service charges.

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CACERCanadian Energy Regulator Act, s. 358Primary legislationIn force

Further information

The Canadian Energy Regulator Commission may request additional information from applicants within a reasonable timeframe after notice publication to support its decision-making process for recommendations.

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CACERCanadian Energy Regulator Act, s. 359Primary legislationIn force

Delay of issuance

The Canadian Energy Regulator may recommend to the Minister that an electricity export application be designated by Governor in Council order and may delay permit issuance during this process. The Commission must avoid duplicating provincial measures, consider effects on other provinces, verify the applicant offered domestic buyers fair access to available electricity at comparable terms, and account for regulatory factors.

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CACERCanadian Energy Regulator Act, s. 368Primary legislationIn force

Definitions

This section establishes key definitions under the Canadian Energy Regulator Act for regulatory jurisdiction and scope. 'Designated area' includes Canadian provinces, Sable Island, and federal submarine territories where Canada controls resource rights. 'Designated oil or gas' refers to specific oil or gas products subject to regulatory orders. 'Movement' covers domestic transportation of oil or gas but excludes exports.

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CACNSCREGDOC-2.2.1GuidanceIn force

Human Performance, Version 2

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CACERCanadian Energy Regulator Act, s. 360Primary legislationIn force

Where licence required

Under the Canadian Energy Regulator Act, the Governor in Council may designate electricity export applications and revoke permits within 45 days of issuance. When such an order is made, permits cannot be issued and the application must be processed as a licence application instead.

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CACERCanadian Energy Regulator Act, s. 361Primary legislationIn force

Issuance

The Canadian Energy Regulator Commission may issue electricity export licences subject to Governor in Council approval. Before issuing, the Commission must consider interprovincial effects, confirm applicants have informed domestic buyers of available quantities and service classes, and given domestic buyers equal opportunity to purchase on comparable terms. Any existing permits are revoked if the export licence is denied.

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CACERCanadian Energy Regulator Act, s. 9Primary legislationIn force

Definition of document of authorization

Section 9 of the Canadian Energy Regulator Act defines 'document of authorization' as regulatory instruments issued by the CER, including certificates, permits, authorizations, licenses, and orders that establish the legal framework for energy infrastructure regulation in Canada.

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CACERCanadian Energy Regulator Act, s. 333Primary legislationIn force

Regulations

Section 333 of the Canadian Energy Regulator Act grants the Regulator authority to establish regulations governing land acquisition, leasing, expropriation, and compensation for energy projects. The regulations may address compensation procedures, notice service requirements, acquisition processes, agreement terms, approval criteria, and filing of voluntary landowner agreements.

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CACNSCREGDOC-3.1.1GuidanceIn force

Reporting Requirements for Nuclear Power Plants, Version 3

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CACERCanadian Energy Regulator Act, s. 318Primary legislationIn force

Consent of Yukon first nation or Governor in Council

Under Canadian Energy Regulator Act section 318, energy companies must obtain consent from relevant Yukon First Nations or the Gwich'in Tribal Council before using settlement land or Tetlit Gwich'in Yukon land. If consent is denied, the Governor in Council may authorize use after a public hearing with notice to affected parties. Companies must compensate First Nations for land use or injurious effects from pipeline construction.

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CACERCanadian Energy Regulator Act, s. 321Primary legislationIn force

Methods of acquisition or lease

Canadian pipeline companies acquiring or leasing land must include contractual provisions for compensation (lump-sum or periodic payments reviewed every five years), operational damages, indemnification (excluding owner gross negligence or willful misconduct), land-use restrictions, and compensation for adverse effects on remaining lands.

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CACERCanadian Energy Regulator Act, s. 101Primary legislationIn force

Abandoned facilities

Under Canadian Energy Regulator Act section 101, persons must obtain authorization from a designated officer before contacting, altering, or removing abandoned energy facilities. The Regulator may establish regulations and the Commission may issue orders specifying circumstances in which such authorization is not required.

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CACERCanadian Energy Regulator Act, s. 223Primary legislationIn force

Offence and punishment

Section 223 of the Canadian Energy Regulator Act establishes criminal penalties for contraventions of reporting and operational requirements. Indictable offences carry fines up to CAD $1,000,000 and/or imprisonment up to five years; summary convictions carry fines up to CAD $100,000 and/or imprisonment up to one year.

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CACERCanadian Energy Regulator Act, s. 369Primary legislationIn force

Order in Council

The Governor in Council may issue orders placing supervision and control of designated oil or gas movement from specified areas under the Canadian Energy Regulator. While such an order is in force, persons moving designated oil or gas from the area must hold a licence under the relevant Division or comply with applicable regulations.

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CACNSCREGDOC-2.6.3GuidanceIn force

Aging Management

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CACNSCREGDOC-2.1.1GuidanceIn force

Management System

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CACNSCREGDOC-2.9.2GuidanceIn force

Controlling Releases to the Environment

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