عرض 151–200 من أصل 459 لائحة
Prohibition — construction or ground disturbance
Section 335 of the Canadian Energy Regulator Act prohibits construction, ground disturbance, and vehicle operation on or across pipelines without authorization from the Regulator or pipeline company. The Regulator may issue orders governing facility design, construction, and safety measures, authorize companies to grant approvals, and direct remediation of non-compliant facilities. Violations are criminal offences with penalties up to $1 million.
Protection of pipeline from mining operations
Canadian Energy Regulator Act section 338 prohibits mining and mineral prospecting within 40 metres of pipelines and connected infrastructure without authorization from a designated officer. Oil and gas wells under pipelines are exempt if drilled beyond the 40-metre buffer. Applicants must submit detailed plans and profiles; officers may impose conditions to protect safety and security.
Examination of site of mining operations
Under the Canadian Energy Regulator Act, pipeline companies may enter mining or prospecting sites within or near their rights-of-way with 24 hours' written notice and regulatory authorization to inspect whether operations pose safety or security risks to the pipeline or persons. Companies may use site equipment to measure distances from the pipeline to operations.
Compensation for severance, etc., of mining property
Pipeline companies must pay compensation as determined by the Canadian Energy Regulator to mining property owners, lessees, and occupiers for losses caused by pipeline severance, including prevented or interrupted mining operations, access restrictions, operational modifications to protect the pipeline, and inaccessible minerals.
Assets of company subject to executions
Section 341 of the Canadian Energy Regulator Act clarifies that the Act does not restrict financial or legal transactions involving company assets, including court-ordered asset sales, creation of liens, mortgages, and enforcement of security interests. Such transactions remain subject to applicable provincial laws where the property is located.
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Construing Special Acts
Section 342 of the Canadian Energy Regulator Act establishes that the Act is construed as incorporated with Special Acts. Where inconsistencies arise between provisions of this Act and a Special Act, the Special Act provision prevails to the extent of the conflict.
Prohibition — export
Under section 343 of the Canadian Energy Regulator Act, persons are prohibited from exporting oil or gas unless they hold a licence issued under Part 6 of the Act or are authorized by applicable regulations.
Issuance
The Canadian Energy Regulator may issue licences for oil and gas exportation with ministerial approval and may impose conditions. All licences are subject to compliance with the Canadian Energy Regulator Act, its regulations, and related orders.
Maximum validity — liquefied natural gas
Canadian regulation setting a maximum 50-year validity period for liquefied natural gas (LNG) export licenses under the Canadian Energy Regulator Act. LNG is defined as natural gas in liquid state composed of at least 85% methane with other hydrocarbons and minor non-hydrocarbon gases.
Ministerial approval
Section 347 of the Canadian Energy Regulator Act establishes the ministerial approval process for oil and gas export licenses. The Minister must decide on approval within 90 days of the Commission's decision; late approval does not invalidate the Commission's prior actions. The Commission must issue the license within seven days of ministerial approval.
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.
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.
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.
Regulations — Governor in Council approval
Section 354 of the Canadian Energy Regulator Act authorizes the Regulator to establish regulations (subject to Governor in Council approval) governing exemptions from reporting requirements, licence application procedures and information requirements, and standards for measurement units and instruments used in oil and gas export and import activities.
Export
Under the Canadian Energy Regulator Act, any person must obtain either a permit (section 356) or licence (section 361) from the Canadian Energy Regulator before exporting electricity.
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.
Issuance
The Canadian Energy Regulator must issue a permit authorizing electricity exportation upon application without a public hearing, unless the Governor in Council designates the application for special review. Applications must include prescribed regulatory information.
Publication
Applicants for energy projects must publish notices of their applications in the Canada Gazette and other Commission-designated publications. The Commission may waive this publication requirement if a critical electricity shortage outside Canada is caused by terrorist activity as defined in the Criminal Code.
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.
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.
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.
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.
Conditions — permits
The Canadian Energy Regulator Commission may impose conditions on permits and licences as deemed necessary or in the public interest, with permit conditions limited to matters prescribed by regulations and licence conditions applied at the Commission's discretion.
Compliance
All permits and licences issued under the Canadian Energy Regulator Act are conditional upon compliance with the Act, its regulations, and orders made thereunder.
Variation or transfer of permits or licences
The Canadian Energy Regulator Commission may vary or transfer permits and licences for electricity exportation either upon application or its own initiative. When doing so, the Commission may impose new or modified conditions it deems necessary to fulfil the Act's purposes and provisions.
Suspension or revocation of permits or licences
The Canadian Energy Regulator Commission may suspend or revoke electricity export permits or licences if the holder requests revocation, consents to suspension, or breaches permit conditions. The Commission must provide written notice of alleged contraventions and grant the holder an opportunity to respond before enforcement action.
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.
Issuance
The Canadian Energy Regulator Act s. 370 authorizes the Commission to issue licenses permitting movement of designated oil or gas out of designated areas, subject to regulatory conditions and compliance with the Act, its regulations, orders, and applicable provisions of the Energy Administration Act.
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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Criteria
Before issuing an oil or gas licence, the Canadian Energy Regulator must consider all relevant factors including equitable distribution of designated oil and gas resources across Canada. Sections 348 to 351 of the Act apply to such licences.
Principle
The Canadian Energy Regulator must give effect to CUSMA, CCFTA, and CCRFTA trade agreements. The Governor in Council may issue binding directions to the Regulator regarding performance of this duty or interpretation of these agreements, which apply to pending matters unless otherwise specified.
Declaration of Governor in Council
The Governor in Council may issue an order declaring that restrictions on exporting energy goods to Chile or Costa Rica are justified under provisions of the Canada-Chile Free Trade Agreement or Canada-Costa Rica Free Trade Agreement.
Request for declaration
The Canadian Energy Regulator may suspend its determination of licence or permit applications for energy exports to Chile or Costa Rica for up to 120 days if it considers restrictions in the public interest and applicable under relevant trade agreements, to allow the Minister to request a Governor in Council order.
Exportation to Chile or Costa Rica
The Canadian Energy Regulator cannot refuse, suspend, revoke or vary licenses or permits for energy goods exported to Chile or Costa Rica if doing so would breach obligations under the Canada-Chile Free Trade Agreement or Canada-Costa Rica Free Trade Agreement, except during suspension orders or with the license holder's consent.
No declaration made
The Canadian Energy Regulator may issue export licences for energy goods to Chile or Costa Rica without meeting standard criteria if the Minister declines to recommend an order, the Governor in Council declines to make one, or no order is issued within 120 days of the export request.
Powers of certain officers
Section 380 of the Canadian Energy Regulator Act grants customs officers enforcement authority over oil and gas imports and exports, conferring all powers under the Customs Act including search, seizure, detention, forfeiture, and condemnation to ensure compliance with export and import controls.
Definitions of oil and gas
Regulation establishes that oil and gas definitions under the Canadian Energy Regulator Act Part reference those defined in subsection 2(1) of the Canada Oil and Gas Operations Act, providing a single consistent definitional framework across both statutes.
Variation of licences or authorizations
The Canadian Energy Regulator Commission or its delegates may modify the conditions of operating licences or authorizations issued under the Canada Oil and Gas Operations Act, providing regulatory flexibility in managing oil and gas operations.
Application to appeals
Section 384 of the Canadian Energy Regulator Act establishes the appellate framework allowing the Commission to review decisions by the Chief Conservation Officer under the Canada Oil and Gas Operations Act. Following an appeal hearing, the Commission may set aside, confirm, or vary orders; direct remedial works to prevent waste or oil/gas escape; or issue other appropriate orders.
Application
Under the Canadian Energy Regulator Act, the Commission must review orders referred by the Chief Safety Officer or Chief Conservation Officer. The Commission may confirm or set aside such orders, with the burden on the requesting party to establish that the order is unnecessary.
Offence and punishment
Section 387 of the Canadian Energy Regulator Act establishes criminal penalties for non-compliance with Commission orders under sections 384-385. Summary conviction carries fines up to $100,000 and/or one year imprisonment; indictable conviction carries fines up to $1,000,000 and/or five years imprisonment. A due diligence defence is available, and Canada Oil and Gas Operations Act provisions apply.
Regulations respecting accounts, etc.
The Canadian Energy Regulator may establish regulations governing accounting practices and record-keeping for pipeline operators, oil/gas/electricity exporters, and licensed entities. Requirements cover account maintenance methods, depreciation accounting, uniform account systems, and submission of records on capital, revenues, expenses and operational matters. Violations are summary offences unless due diligence is demonstrated.
Security regulations
The Canadian Energy Regulator is authorized to establish security regulations for pipelines, international power lines, and offshore renewable energy projects, including standards, plans, and audit requirements. Violations are criminal offences with penalties up to $100,000 and one year imprisonment on summary conviction, or $500,000 and five years on indictment, though a due diligence defence is available.
Review of Act after 10 years
The Canadian Energy Regulator Act mandates a comprehensive parliamentary review of the Act's provisions and operation ten years after its coming into force, to be conducted by a designated Senate, House of Commons, or joint parliamentary committee.
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.